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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
October 22, 1784 - November 26, 1784
Volume 19, Pages 717-836

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HOUSE JOURNAL---OCTOBER 1784.


State of North Carolina,
In the House of Commons.

At a General Assembly begun and held at New Bern on the Twenty-second day of October, in the year of our Lord one thousand seven hundred and eighty-four, and in the ninth year of the Independence of the said State, it being the first session of this Assembly.

The returning officers for the several and respective Counties certified that the following persons were duly elected as members of the General Assembly to represent the same in this House, vizt.:

For Anson County, James Terry and John Dejarnatt.
Beaufort, John G. Blount and Thomas Alderson.
Bertie,
Brunswick,
Bladen, Samuel Cain.
Burke,
Craven, William Bryan and William Blount.
Carteret,
Currituck, Joseph Ferebee and James White.
Chowan, Clement Hall and Michael Payne.
Camden, Abner Harrison and Benjamin Jones,
Caswell, Edward Clay and William Moore.
Chatham, Elisha Cain and Joseph Stewart.
Dobbs, William Caswell and John Shepperd.
Duplin,
Davidson,
Edgecombe, Robert Diggs and John Dolvin.
Franklin,
Fayette,
Guilford, John Leak and John Hamilton.
Gates, Joseph Reddick and Seth Reddick. Granville,
Greene
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For Halifax, Benjamin McCullock and John B. Ashe.
Hertford, William Hill and Thomas Brickell.
Hyde, John Eborn and William Russell.
Johnston, Joseph Boon.
Jones, Abner Nash and William Randal.
Lincoln,
Moore,
Martin, Nathan Mayo.
Mecklenburg,
Montgomery, Mark Allen and William Kendall.
Nash, Micajah Thomas and John Bonds.
Northampton,
New Hanover, Timothy Bloodworth and James Bloodworth.
Onslow, Edward Starkey and Daniel Yates.
Orange, Alexander Mebane and John Butler.
Pasquotank, Thomas Reding and John Smithson, Jun.
Perquimans, John Reed and Robert Riddick.
Pitt, Richard Moye and John Jordan. Rutherford,
Rowan,
Randolph, Joseph Robins and Aaron Hill.
Richmond,
Surry, James Martin.
Sullivan,
Sampson, David Dodd and John Hay.
Tyrrell, Benjamin Spruill and Nathan Hooker.
Washington,
Wayne, William Alford and John Handley.
Wake, Tignal Jones and John Humphries.
Wilkes,
Warren, John Macon and James Payne.
For the Town of Hillsborough, Archibald Lytle.
Edenton,
Halifax, Henry Montfort.
New Bern, Spyers Singleton.
Wilmington, Archibald Maclaine.
Salisbury,

Pursuant to which the following members appeared, were qualified

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by taking the Ooths by Law appointed for the qualification of members of the General Assembly, and took their seats, vizt.:

Michael Payne,
Joseph Ferebee,
Timothy Bloodworth,
James White,
Nathan Hooker,
William Bryan,
Clem Hall,
Wm. Hill,
Benj. Jones,
Jos. Riddick,
Wm. Blount,
Henry Montfort,
John Bonds,
John B. Ashe,
James Paine,
Seth Reddick,
John Butler,
Mark Allen,
Arch. Lytle,
D. Dodd,
Wm. Kendall,
Alex. Mebane,
Wm. Randal,
John Hay,
John Eborn,
Richd. Moye,
Samuel Cain,
John Dolvin,
Robert Diggs,
John Macon,
Robert Riddick,
Spyers Singleton,
Thos, Alderson.
Jas. Bloodworth,
Nathan Mayo,
John Leak,
Joseph Robins,
Daniel Yates,
John Sheppard,
Archd. Maclaine,
John G. Blount,
Jas. Martin,
Joseph Stewart,
John Hamilton,
William Alford,
Edw. Starkey,
William Moore,
John Reed,
Edward Clay,
John Handley,
John Dejarnatt,
William Caswell,
Thomas Brickell,
John Jordan,
Tignall Jones,
Joseph Boone,
Aaron Hill and
Thomas Redding, Esquires.

Mr. Starkey proposed for Speaker, William Blount, Esquire, who was unanimously chosen and conducted to the Chair.

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

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

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

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Saturday, 23 October, 1784.

The House met according to adjournment.

The Sheriff of Bertie County certified that Zedekiah Stone and Andrew Oliver were elected as members to represent the said County in this House, whereupon, the said Mr. Stone and Mr. Oliver appeared, were qualified and took their seats.

Resolved, That a writ issue to the County of Martin for the election of one member of this House in the room and stead of Thomas Hunter, Esquire, who is disqualified from taking a seat in this House by his holding the Clerkship of the said County, and that the said election be held on the first Monday and Tuesday in November next.

On motion, Resolved, That Mr. John Macon have leave to absent himself from the service of this House until Tuesday next.

The House adjourned till Monday morning 10 o’clock.


Monday, 25 October, 1784.

The House met according to adjournment.

The Sheriff of Rowan County certified that William Sharp and James Kerr were duly elected as members of the General Assembly to represent the said County in this House, whereupon, the said William Sharpe and James Kerr appeared, were qualified and took their seats.

The Sheriff of Bladen County certified that Peter Roberson was duly elected as a member of the General Assembly to represent the said County in this House, whereupon the said Mr. Roberson appeared, was qualified and took his seat.

The Sheriff of Johnston County certified that Kedar Powell was duly elected as a member of the General Assembly to represent the said County in this House, whereupon the said Mr. Powell appeared, was qualified and took his seat.

The Sheriff of Granville County certified that Thomas Person and Thornton Yancey were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. Person, one of the said Members, appeared, was qualified and took his seat.

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

Resolved, That Mr. Sharpe, Mr. Person, Mr. T. Bloodworth, Mr.

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Butler and Mr. Montfort be a Committee to prepare and draw up rules of decorum to be observed by this House during the sitting thereof, and that they report the same at four o’clock this evening.

The House adjourned till four o’clock.

The House met according to adjournment.

The Sheriff of Franklin County certified that Thomas Sherrod and Durham Hall were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. Hall, appeared, was qualified and took his seat.

Mr. Butler, from the Committee appointed to prepare and draw up rules of decorum to be observed by this House during the sitting thereof, Reported as follows, vizt.:

Your Committee appointed to prepare and draw up rules of decorum to be observed by this House during the sitting thereof, report the following:

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

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

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

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

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

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

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

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

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

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

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

12th. That in the course of debate the members shall treat each other with decency and respect and whoever violates any of the above rules shall receive such censure as the House shall direct.

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

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

On motion, resolved, that Mr. Allen and Mr. Hooker have leave to absent themselves from the service of this House.

Upon reconsidering the resolutions passed in this House on Saturday last, relative to Aaron Hill, one of the members from Randolph County, and the vote of the expulsion of the said Aaron Hill, it appears that the resolutions and vote have been entered into without duly considering the circumstances, and that the same be rescinded from the Journal of this House and the writ of election be recalled.

Mr. Abner Nash, one of the members for Jones County, appeared, was qualified and took his seat.

The Sheriff of Carteret County certified that John Easton and Eli West were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. West appeared, was qualified and took his seat.

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


Tuesday, 26 October, 1784.

The House met according to adjournment.

The Sheriff of Moore County certified that John Cox and William Seals were duly elected as members of the General Assembly to represent the said County in this House, whereupon the said Mr. Cox and Mr. Seals appeared, were qualified and took their seats.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate being now formed acquaint you that they are ready to proceed on the public business.

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Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The House of Commons are also formed and ready for the dispatch of public business.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This is accompanied by a Message addressed to his Excellency the Governor. We have appointed Timothy Bloodworth and John G. Blount, Esquires, on the part of this House, to attend him with the same.

Ordered that the address to his Excellency the Governor, be in the following words:

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

Sir:

The General Assembly being now formed, beg leave to acquaint your Excellency that they are ready to receive such dispatches and public papers as you have to submit to their deliberations.

Received from the Senate a Bill to authorize and impower John Harrell, Esq., formerly Sheriff of Hertford County, to collect the arrears of the taxes due him from the inhabitants of said County and that part of Gates County that formerly was Hertford for the year 1774. Endorsed, read the first time and passed.

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, should it meet your approbation, Mr. Macon and Mr. Gallaway will, on the part of this House, attend and present him with the same.

At the same time received the message above referred to, which being read was amended, concurred with as amended, and Mr. Blount and Mr. Montfort appointed, on the part of this House, with the Gentlemen nominated by the Senate, to wait on his Excellency with the same.

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

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House where it was first presented, when it shall undergo no amendments other than clerical errors, but be either passed or rejected.

That all Bills be first read for the information of the respective Houses, and then for debate, paragraph by paragraph. That no bill in 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 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 expense 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 be inserted in any clause in such Bill.

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

Mr. Butler moved for leave and presented a Bill directing the sale of confiscated property, which was read for information. Ordered that this Bill be read to-morrow for the first reading in this House.

The Bill to authorize and impower John Harrell, Esquire, formerly Sheriff of Hertford County, to collect the arrears of Taxes due him from the inhabitants of said County and that part of Gates County that formerly was Hertford, for the year 1774, was read for information. Ordered that this Bill be read to-morrow for the first reading in this House.

Received from the Senate a resolve allowing Mary Hudson and Eliabeth Harris, of Warren County, each a certain sum therein mentioned, which being read was concurred with and returned.

Received also, a resolve of that House allowing Morgan Murray a certain sum therein mentioned, which being read was rejected.

Received from his Excellency the following address:

To the Honourable the General Assembly:

Gentlemen of the Honourable the General Assembly:

The Dispatches of a public nature which I have received in the late recess of the Legislature, I do myself the honour to lay before

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you. The most important matters they announce are the following.

That the ratification of the Definitive Treaty between the United States of America and his Britannic Majesty was exchanged in due form the 12th day of May, last.

That His Most Christian Majesty has been pleased to give the United States fresh assurances and proofs of his affection by making L’Orient and Bayonne free ports, with equal privileges to that of Dunkirk for the reception of the ships and merchandize of all nations, but more particularly calculated for the encouragement of the American commerce. His majesty has also signified his intentions of opening the ports of his islands of France and Bourbon to our ships, in order to facilitate their long voyage to the East Indies.

The Resolutions of Congress, the letters from His Excellency the President, and Secretary of that Honourable body, from the financier, and from our delegates in particular, contain matters of interesting information which call for your attention and deliberations thereupon suitable for their importance.

As several great objects of Legislation were left undetermined the last session of Assembly, which concern the peace establishment of the United Republic, and this State, I shall again submit to the Legislature those papers containing subjects which, for their importance, were deemed more expedient to be postponed to a future day, that may be now proper for your discussion.

Since the Declaration of Peace our Militia have generally relaxed from all kind of discipline, judging as that the late storm is over, the danger is past, and the necessity of Military regulations ceases. But in peace or war to be always ready, is a maxim in the polity of all regulated States; and our Militia which must now be our only defence and security in cases of invasion and insurrection, were they properly arranged might produce a very respectable force, and answer all the purposes of a standing army, without the inconvenience and expence.

The Militia Law as it now stands, being calculated for the times of the late war, becomes in a great measure obsolete and inapplicable to the peace establishment of the State. I beg leave to recommend that our Milita be new arranged and organized in such form, as will give us security at home, and bid defiance to our enemies abroad.

Permit me to remind you of the necessity of having the boundary

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with our sister State of South Carolina claimed in our Bill of Rights, ascertained with some precision at the earliest opportunity: that the inhabitants of the disputed territory may know to what State they owe allegiance, from whom they are to derive titles to their lands, and whose revenue they are bound to support.

I submit to your consideration the Inspection and Impost Laws. Some amendments seem to be necessary fully to effect the beneficial intentions of the Legislature; that by the first bad commodities may be prevented from being transported to foreign markets, and by the latter a smuggling Trade detected and checked, should the same be attempted, which in the present style of the law may be carried on with impunity.

An Enquiry into the State of your Revenue becomes greatly necessary at this Crisis, as a considerable part of the last, and the preceding year’s collections in the taxes hath not reached the purposes intended by the Legislature. The indulgences given, the abuses of public trust, in some of the Districts by those conducting the public money business, call for your immediate interposition and correction.

As Religion, by the powerful argument of future rewards and punishments is a great incitement to virtue and restraint upon Vice; by whose solemnities the Heart is searched, Truth discovered, and integrity in office guarded, which through all ages hath been deemed the first grand pillar in government, and on which the laws rest their chief support, let me again urge to the Legislature the propriety of making some provision for the support of men of abilities, of pious and orderly life, regularly called to minister in the affairs of religion, in such a manner that no preference be given to any denomination, or be contradictory to the principles of the Constitution.

Your Schools of learning, your produce, your Trade and Navigation are great objects of Legislative attention which cannot be too often repeated and held up to your view, that the mists of Ignorance be dissipated, and good morals cultivated, that the planter, Mechanic and fair Trader be encouraged to prosecute their different plans of industry and Traffic, to their reciprocal profit and satisfaction; that the several improvements which kind nature seems to point out may be made in different part of the State, be undertaken and accelerated for the general good.

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The above, with other national and internal concerns, I submit to your wisdom to discuss as they appear more or less interesting, and as Time and Leisure will give you opportunity.

Let it not be deemed dictating to the Legislature or officiously obtruding sentiments on them, from ostentation or the pride of office, when the importance of the above subjects is urged to them from one in whom they have placed the high confidence of the management of their public affairs for near three years past; who feels himself too much interested in the welfare of his Country, as a Citizen, to be silent on those great concerns which he conceives affect the ease and honor of the future administration, and on which the happiness and prosperity of the State depend;

As he considers it the most fortunate circumstance of his life that the greatest event that ever took place in the new World, the Revolution of these States, was gloriously completed during his administration over one in importance by no means the least in the Union; whose arms have borne a conspicuous part in this great enterprise; whose Citizens have been and ever will be dear to him, whom he hath seen with pleasure emerge from Tumult and Confusion into order and Regularity; he cannot, therefore, be indifferent in their future Government, but ardently wishes now near the close of office to see some of those establishments formed which may tend to give greater dignity to the State, to secure to the latest period the rights and privileges of a free people, and the enjoyment of those blessings which contribute to their happiness.

ALEX. MARTIN.

At the same time received the letters and others papers referred to in the above address, which being read, were ordered to be sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

Mr. Coor and Mr. Skinner will, on the part of this House, act with such of your Body as you may appoint a Committee to receive from the respective Treasurers all the Dollar Bills in their hands belonging to the public, and cause that the same be burnt and make report thereof.

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Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed on their part Mr. Cain and Mr. W. Hill to act with the Gentlemen by you appointed to receive and burn the old Dollar Bills.

Received from the Senate a Resolve appointing a Committee to examine the accounts of Drury Gee, late Sheriff of Northampton County, which being read, ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

The Commons have appointed Mr. Person, Mr. Martin and Mr. Montfort, to act with the Gentlemen by you appointed to examine the accounts of Drury Gee, late Sheriff of Northampton.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate appoint General Jones, Mr. Coor, Mr. Baker, Mr. Long and Mr. Gallaway a Committee, who will act jointly with such Gentlemen as you may appoint to report what ways and means are most eligible to be adopted for the aid of the public taxes.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Bloodworth, Mr. Payne, Mr. Bryan, Mr. Sharpe, Mr. Maclaine and Mr. Person, to act with the Gentlemen by you appointed to report what ways and means are most eligible to be adopted for the aid of the public taxes.

The Sheriff of Richmond County certified that Charles Robertson and Robert Webb were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. Robertson appeared, was qualified and took his seat.

The Sheriff of Wilkes County certified that Jesse Franklin and Benjamin Herndon were duly elected as members of the General Assembly, to represent the said County in this House, whereupon the said Mr. Franklin and Mr. Herndon appeared, were qualified and took their seats.

The Sheriff of Surry County certified that Joel Lewis was elected as a member of the General Assembly to represent the said County

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in this House, whereupon the said Mr. Lewis appeared, was qualified and took his seat.

Mr. Lytle moved for leave and presented a Bill for the inspection of Tobacco in the Town of Hillsborough, which was read for information.

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

Mr. Butler moved for leave and presented a Bill for levying a Tax for the payment of 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 entitled an act for the relief of the officers and Soldiers of the Continental line and for other purposes,” which was read for information.

Ordered that this Bill be read on Thursday next for the first reading.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Resolutions of your House regulating the mode in future to be observed in reading and Engrossing Bills we do not concur with, but propose that those on the head herewith be adopted in lieu of them.

At the same time received the resolutions referred to in the above Message, which being read, it was ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received the resolutions which you propose to adopt with respect to the order to be observed by each House of the General Assembly in reading Bills, in preference to those entered into by this House, with which we do not concur, but wish the Senate to reconsider those sent for their concurrence.

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


Wednesday, 27 October, 1784.

The House met according to adjournment.

Resolved, That Mr. Franklin, Mr. Herndon, Mr. Sharpe, Mr. Lewis, Mr. Lytle, Mr. Person, Mr. Montfort, Mr. Macon, Mr. Payne, Mr. Stone, Mr. Bryan, Mr. I. G. Blount, Mr. Bloodworth and Mr. Dodd be a Committee of Privileges and Elections.

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Mr. John Macon, who had leave of absence until Thursday, appeared and took his seat.

Read the Petition of Sundry of the Inhabitants of Richmond County complaining of the misconduct of Charles Robinson, a member for that County, and also a number of depositions supporting those complaints; whereupon resolved, that those papers be referred to the Committee of Privileges and Elections and that they make a special report on them.

Resolved, That Mr. Charles Robertson have leave to absent himself from the service of this House.

Mr. Thornton Yancey, one of the members for Granville County, appeared, was qualified and took his seat.

Mr. Kendall presented a Petition from sundry Inhabitants of Montgomery County, respecting the lands of H. E. McCullock, which being read was referred to a joint Committee; the members chosen by this House are Mr. Blount, Mr. Person and Mr. Macon. Ordered that the said Petition be sent to the Senate.

Mr. Butler presented a Petition from James Underwood and Job Ward praying to be relieved from the forfeiture of a Recogniance for the appearance of Daniel Campbell, which being read, Mr. Butler moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read for information. Ordered that this Bill be read on Friday next for the first reading in this House.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have appointed Mr. Martin, Mr. Ashe, Mr. Hall, Mr. Mebane and Mr. Macon, to act jointly with such Gentlemen as you may appoint as a Committee of Propositions and Grievances.

Mr. Macon presented the Petition of Isles Simmons, of the County of Currituck, which being read was referred to the Committee of Popositions and Grievances.

Ordered that the said Petition be sent to the Senate.

Received from His Excellency the Governor the following message:

To the Honourable the General Assembly:

Gentlemen:

I send you herewith the Registry Books of public papers and dispatches

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received and written during my administration, together with the proceedings of the Council of State.

ALEX. MARTIN.

At the same time received the Registry Books and Proceedings of the Council referred to in the above message:

The order of the day for reading for the first reading “a Bill directing the sale of confiscated property,” being called for and read, Resolved, That the said Bill be committed to a Committee and that for this purpose Mr. Butler, Mr. Nash, Mr. Maclaine, Mr. I. G. Blount, Mr. Sharpe and Mr. Bryan be a Committee.

The Bill to authorize and impower John Harrell, Esquire, formerly Sheriff of Hertford County, to collect the arrears of taxes due him from the Inhabitants of said County, and that part of Gates County that formerly was Hertford, for the year 1774, was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of General Allen Jones. Endorsed, referred to the Committee to whom was referred the settlement of the accounts of Drury Gee, late Sheriff of Northampton County, which being read, was referred by this House to the said Committee and returned.

Received also a Resolve allowing Sarah Weeks, of Onslow County, Twelve pounds, which being read, was concurred with & returned.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

Agreeable to your message relative to the rules to be observed on the passage of Bills, this House have reconsidered their resolutions on that head, and find no cause to make any alteration therein, as they do not think proper to deprive themselves of the right of altering and amending any Bill, at any time before it is finally passed, and as to the alteration respecting private Bills, we are of opinion a discrimination between public and private Bills would be difficult and that the delay occasioned thereby would be more expensive than the payment of engrossing.

Received also the resolutions of the Senate referred to in the above message, which being read were referred to and returned.

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The Bill for the Inspection of Tobacco in the Town of Hillsborough was read the first time, passed and sent to the Senate.

Received from the Senate the Bill to prevent unjust appeals and to declare that the lands of deceased persons are liable to be sold in discharge of judgments against them their executors or administrators, and also to impower the County Courts in this State to provide for the safe keeping of the Estates of Idiots and Lunatics. Endorsed, read the first time and passed.

Ordered that this Bill be read for information, the same being accordingly read, was ordered to lie on the Table until to-morrow and then read for the first reading.

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

Met according to adjournment.

Received from the Senate a Bill for the Inspection of Tobacco in the Town of Hillsborough. Endorsed, read the first time and passed. Ordered that this Bill be read the second time in this House to-morrow.

Received also the following message:

Mr. Speaker and Gentlemen:

The Senate appoint Mr. Coor, Mr. Macon, Mr. Long, Mr. Boritz and Mr. Armstrong a Committee, who will act jointly with such of your body as you may appoint, to consider of the address from His Excellency the Governor, and the public dispatches accompanying it, and to report what measures it may be necessary to adopt in consequence of the Intelligence and subject matter they contain.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have appointed Mr. Maclaine, Mr. Bryan, Mr. Sharpe, Mr. Bloodworth, Mr. Hay, Mr. Nash, Mr. Montfort and Mr. Butler, to act with the Gentlemen by you appointed to consider of the address from His Excellency the Governor, and the public dispatches accompanying it.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

Mr. McCawley, Mr. Ben Williams and Mr. Owen will act with the Gentlemen by you appointed a Committee of Propositions and Grievances.

Received also a Petition from sundry inhabitants of Warren, and

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the Petition of Hardy Willis. Respectively endorsed, read and referred to the Committee of Propositions and Grievances, which Petitions being read, were referred as by the Senate and returned.

Received also the Petition of John Brown. Endorsed, read and referred to the Committee appointed to consider of the Governor’s address, &c., which being read was referred as by the Senate, and returned.

Received also the Petition of Sundry Inhabitants of Montgomery County, &c., and the Petition of Isles Simmons. Respectively endorsed, read and referred as by the Commons.

Mr. Sharpe presented a Petition from sundry of the Inhabitants of Salisbury District, which being read was referred by this House to the Committee appointed to consider of the Governor’s Message, &c., and sent to the Senate.

The Sheriff of Mecklenburg County certified that Caleb Phifer and David Wilson were duly elected as members of the General Assembly to represent the said County in this House, whereupon the said Mr. Phifer & Mr. Wilson appeared, were qualified and took their seats.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have added Mr. Blount and Mr. Ashe to the Committee appointed to consider of the Governor’s address and dispatches accompanying the same.

Resolved, That a message be sent to the Senate proposing to ballot on Saturday next for a Governor for the ensuing year, a Council of State and Treasurers, whereupon, Mr. Macon nominated for Governor, the Honbl. Richard Caswell, Esq., and Mr. W. Bryan, the Honbl. Abner Nash, Esq.

Mr. Speaker and Gentlemen:

We propose balloting at ten o’clock in the morning of Saturday next for a Governor of this State for the ensuing year, and at four o’clock in the evening of the same day, for a Council of State, and for Treasurers of the several Districts. We put in nomination for Governor, the Honbl. Richard Caswell and Abner Nash, Esquires.

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

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Thursday, 28 October, 1784.

The House met according to adjournment.

Mr. Butler presented a number of depositions at the request of Charles Robertson, in support of the character of him, the said Robertson, against the facts set forth in the Petition exhibited by sundry of the Inhabitants of Richmond County, which were read and referred to the Committee of Privileges and Elections.

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


Friday, 29 October, 1784.

The House met according to adjournment.

On motion, Resolved, That Mr. Eborn, Mr. Mayo, Mr. Alford, and Mr. James Paine have leave to absent themselves from the service of this House until Monday next.

Resolved, That Alexander Mebane be allowed the sum of forty six pounds sixteen shillings, for services performed as a member of the Board of Auditors for the District of Hillsborough. Britain Sanders Sixteen pounds nineteen shillings, Josiah Watts Seven pounds four shillings and William Rountree nineteen pounds four shillings for services performed as clerks of the said Board. That the Treasurers, or either of them, pay them the said sums respectively, for which the Treasurer paying the same shall be allowed.

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 for information.

Ordered that this Bill be read on Wednesday next for the first reading.

Mr. Singleton presented the Memorial of the inhabitants of the town of New Bern, setting forth and complaining of the unequal tax on Town property, &c., which being read, Mr. Sharpe moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read for information.

Ordered that this Bill be read on Monday next for the first reading.

Resolved, That Mr. Person be added to the Committee to whom was referred his Excellency the Governor’s address, and the State papers.

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Received from the Senate a Bill to amend an Act intitled “an Act for laying a Tax on the County of Northampton, for repairing the public buildings thereof, and to appoint and impower Commissioners for that purpose,” which was read for information and ordered to be read for the first reading on Monday.

Sundry Petitions from the Inhabitants of Salisbury District were presented and read. Ordered that the same be referred to the Committee to consider of the public dispatches, and sent to the Senate.

Received from the Senate the Memorial and Petition of John Penn. Endorsed, read and referred to the Committee appointed to consider and report of the Accts. of Drury Gee, which being read was referred as by the Senate and returned.

Received also, the Deposition and Bills of exchange of John Geddy. Endorsed, read and referred to the Committee of Propositions and Grievances, which being read, was referred as by the Senate and returned.

Received also the Petition of the Inhabitants of Salisbury District and of the Grand Jury. Endorsed, read and referred as by the Commons.

Received also, a warrant drawn by His Excellency the Governor, on any County Commissioner within the District of Edenton, in favour of Messrs. Baker and Blow for the sum of Forty pounds four shillings and ten pence, and a resolve in consequence thereof, directing the Treasurer of the said District to discharge the said Warrant, which being read was concurred with and returned.

Mr. W. Moore presented a recommendation of the Court of Caswell County in favour of John Swayne, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Sharpe presented the Petition of Willoughby White, John Tatom, Isaiah Parr and Samuel Ferebee, praying, &c., which being read, Mr. Sharpe moved for leave and presented a Bill to supply the loss of patent for a certain tract of land lying in Currituck County granted to Richard Cummingforth, which was read for information.

Ordered that this Bill be read on Monday next for the first reading.

Mr. Sharpe presented sundry Petitions from Wayne County praying to have an act passed for establishing a Town at the Court

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House of said County, which being read, Mr. Sharpe moved for leave and presented a Bill agreeable to the prayer of the said Petitions which was read for information. Ordered that this Bill be read on Tuesday next for the first reading.

Received from the Senate a Bill to impower former Sheriffs to collect the arrears of public Taxes due from the Inhabitants of their respective Counties, and to oblige them to account for and pay the same. Endorsed, read the first time and passed. Ordered that this Bill be read for information, which was accordingly read, and ordered to be read for the first reading on Wednesday next.

On motion resolved, That Mr. Oliver have leave to absent himself from the service of this House.

Mr. Butler presented the recommendation of the Court of Wayne County, for allowing Mary Powell fifteen pounds, also a recommendation of the said Court for allowing Nancy Langston fifteen pounds, which being read, were countersigned by the Speaker and sent to the Senate.

Mr. Sharpe presented the Inquisition of the Coroner of Wayne County, taken on the view of the body of Joseph Sanford, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Person presented the account of Thornton Yancey against the State, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

The House resumed the consideration of the resolve of the Senate on the Petition of Morgan Murray, whereupon, Resolved, that the following Message be sent to the Senate, vizt.:

Mr. Speaker and Gentlemen:

This House do not concur with the resolve of the Senate in favour of Morgan Murray but propose that his Petition, with all others in similar circumstances, that is of soldiers disabled in the Continental line of this State, be referred to a joint and Special Committee; for this purpose we have on our part appointed, Mr. Nash, Mr. Maclaine and Mr. Lytle.

Resolved, That the Comptroller General be directed to lay before the Committee appointed to consider of the Governor’s address and the public dispatches attending the same, an abstract of the accts, of this State against the continent.

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Received from the Senate the recommendation of the Court of Caswell County in favour of John Swayne. Endorsed, read and referred as by the Commons.

The House adjourned till Monday morning 10 o’clock.


Monday, 1 November, 1784.

The House met according to adjournment.

Mr. Macon moved for leave and presented a Bill for impowering the County Court of Warren to levy a further tax on the Inhabitants of said County for defraying the expences of building the Court House, prison and stocks, which was read for information.

Mr. Blount presented a Petition from part of the Inhabitants of Beaufort County praying to have the Court House thereof removed, &c., which being read, was ordered to be referred to a joint Committee and Mr. Macon, Mr. Blount, Mr. Stone and Mr. Jordan appointed on the part of this House for that purpose.

Ordered that the said Petition be sent to the Senate.

Mr. Sharpe presented the Memorial of the Trustees of Liberty Hall Academy, which being read, Mr. Sharpe moved for leave and presented a Bill for the encouragement of learning in the District of Salisbury, which was read for information, and ordered to lie on the table until To-morrow and then read for the first reading.

Mr. Sharpe moved for leave and presented “an additional Bill to an Act directing the method of electing members of the General Assembly and other purposes,” which was read for information, and ordered to lie on the table until Friday next, and then read for the first reading.

Mr. Payne, from the Committee of Privileges and Elections to whom was referred the Petitions of sundry Inhabitants of Richmond County, with the depositions for and against Mr. Charles Robertson, a sitting member of the House of Commons, Reported as follows:

That on Wednesday last, when the Petition and Depositions aforesaid against Charles Robertson were laid before and read in the House of Commons, the said Charles, then a sitting member, observed to the House that he was surprised at the depositions then read, that in case he had been acquainted with their contents before he left home he would have prepared to prove that the principal part of the allegations

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set forth in them were false, or without any just foundation, and requested until Monday next in order to make his defence; and further, that on the next morning the said Charles Robertson procured to be laid before the House and were read twenty-nine certificates and depositions, all of a negative kind, attempting to prove that the said Charles was not unfriendly to the Independence of the United States during the late War, and sundry of them evidently composed and calculated to destroy the truth and validity of those exhibited against him, whereby it appears to your Committee that the said Charles Robertson was guilty of evasion and falsehood on the said Wednesday last in the House of Commons.

Your Committee further report, that the depositions on both sides being taken ex parte, they will proceed to observe that from the oral testimony of Mr. Henry Lightfoot in favour of the said Charles Robertson and the evidence of Mr. John Dejarnett, a member of this House, and some member of the Committee against him, it appears to your Committee, that during the late War with the King of Great Britain the said Charles Robertson was attached and had communication with the British Troops near the great Pee Dee, in the year 1780. That not a single instance has been adduced of his having directly or indirectly espoused the American cause. That his conduct during the war has uniformly been so inimical, mean and servile, that your Committee are of opinion the said Charles Robertson is altogether unworthy of a seat in the said House of Commons, and ought to be, without delay, expelled from the same.

MICHAEL PAYNE, Chm.

The House taking the said report into consideration concurred therewith.

Mr. Moore presented the Petition of Elijah Moore, which being read, was referred to the Committee of Privileges and Elections, and sent to the Senate.

Mr. D. Hall presented the proceedings of a called Court for the Trial of a Negro, the property of Ben Hicks, which being read was referred to a joint Committee; the members chosen by this House are Mr. Macon, Mr. Montfort and Mr. Starkey.

Mr. Butler presented a Petition from sundry of the inhabitants of Wayne County, which being read, was referred, together with the Petition before exhibited on the same subject, to a joint Committee;

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members chosen on the part of this House are Mr. Bonds, Mr. Person, Mr. Wilson, Mr. Dodd, Mr. Caswell and Mr. Dolvin.

Ordered that the said Petition be sent to the Senate.

Mr. Payne presented a Petition from sundry of the Inhabitants of Pasquotank and Perquimans Counties, which being read, was referred to a joint Committee; the members chosen on the part of this House are Mr. Jos. Riddick, Mr. Payne, Mr. Clem Hall and Mr. Robert Riddick.

Ordered that the said Petition be sent to the Senate.

Mr. Riddick presented the proceedings of a called Court for the trial of a negro slave, the property of Thomas Garrett, which being read was referred to the Committee to whom was referred the claim of Mr. Hicks.

Ordered that the said Proceedings be sent to the Senate.

Received from his Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I present you herewith a letter from Col. James Robertson, containing some important intelligence of Indian transactions, enclosing talks from the King and some Chiefs of the Chickasaw Nation, sent and delivered to the people on Cumberland with a large string of beads. A rich belt of Wampum accompanies the above, addressed to me from one of the said Chiefs, expressive of his friendship for the Americans, and the people of this State in particular. As this generous and friendly character hath signified his affection by the highest mark of respect usual among Indians, I request that the Honbl. the Legislature will enable me to make him a return suitable to his rank, by which I may impress him with sentiments of equal friendship.

This mutual exchange of favours may tend to cultivate harmony and good will between this people and us, an object greatly to be attended to at this crisis of Indian affairs in general.

You have also with this Letters from Col. Sevier and the Indian agent on the above subjects.

ALEX. MARTIN.
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therein referred to, be referred to the Committee to whom his address and the State papers were referred.

Ordered that the said Message, &c., be sent to the Senate.

Mr. Herndon presented the representation of Wilkes Court, in favour of sundry persons in the said County, which being read were referred to the Committee to whom his Excellency the Governor’s address, and the State papers were referred.

Mr. Butler presented the Petition of William Courtney of Hillsborough, which being read, Mr. Butler moved for leave and presented a Bill to vest the title of a certain lot therein mentioned in William Courtney, Esquire, his Heirs and assigns, which was read for information.

Ordered that this Bill be read on Wednesday next for the first reading.

Mr. Thomas Sherrod, one of the members for Franklin County, appeared, was qualified and took his seat.

Mr. Leak presented a Petition from a number of the Inhabitants of Guilford County, praying a division thereof, which being read, Mr. Leak moved for leave and presented a Bill agreeable to the prayer of the said Petition, which was read for information. Ordered that this Bill be read for the first reading on Wednesday next.

A Bill for levying a tax for the payment of 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 officers and Soldiers of the Continental line and for other purposes,” was read the first time, pased and sent to the Senate.

Mr. Butler presented a Petition from a number of the Inhabitants of Pasquotank County, praying to have the Court House thereof established at Windfield, &c., which being read, Mr. Butler moved for leave and presented a Bill to establish a town on the lands of Thomas Relf, in Pasquotank County, on the South West side of Pasquotank River,and for repealing an act passed at the last General Assembly, intitled “an act 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, prison and stocks in the said County,” which was read for information.

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Ordered that this Bill be read for the first reading on Wednesday next.

Mr. Macon moved for leave and presented a Bill to repeal an act of the last General Assembly intitled “an act, 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,” which was read for information, and ordered to lie on the table for consideration.

Received from the Senate a Bill for appointing a Treasurer and directing his duty in office. Endorsed, read the first time and passed, which was read for information, and referred to the Committee to whom was referred the Governor’s address and State papers.

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


Thursday, 2 November, 1784.

The House met according to adjournment.

Received from his Excellency the message of his Excellency the Governor, of yesterday and the Petitions from Salisbury District. Endorsed, referred as by the Commons.

Received also the Petition of Elijah Moore, the Acct. of Thornton Yancey, and the Inquisition of the Coroner of Warren County. Endorsed, referred as by the Commons.

Received also the proceedings of a called Court for the trial of a negro, the property of Benjamin Hicks. Endorsed, referred to Mr. Owen and Mr. McCawley.

Received also the proceeding of a called court for the trial of a negro, the property of Thomas Garrett. Endorsed, referred as by the Commons, &c.

Received likewise, the Petition of part of the Inhabitants of Beaufort County. Endorsed, referred to Mr. Abram Jones and Mr. Lenior. The Petition of the Inhabitants of Perquimans. Endorsed, referred to Mr. Relf, Mr. Phillips and Mr. Baker. The Petition of the Inhabitants of Wayne County. Endorsed, referred to Mr. Coor, Mr. Long, Mr. McCawley and Mr. Lightfoot.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent that the Petition of Morgan Murray, together with the Petitions of others similarly circumstanced, vizt:. wounded

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in the Continental line of this State, be referred to a special Committee and appoint Mr. Harget, General Jones and Mr. Skinner for that purpose.

Resolved, That a joint Committee be appointed to examine and report their opinion of the civil list. That Mr. Sharpe, Mr. Bloodworth, Mr. Macon and Mr. Nash be a Committee on the part of this House for that purpose.

Ordered that the following mesage be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose that a joint Committee be appointed to examine and report their opinion of the civil list, and have for that purpose on our part appointed Mr. Sharpe, Mr. Bloodworth, Mr. Macon and Mr. Nash.

Received from the Senate the Acct. of Samuel Searcy. Endorsed, referred to the Committee of Propositions and Grievances, which being read, was referred as by the Senate and returned.

Mr. Sharp presented the recommendation of Rowan Court for allowing Joseph Wasson Twenty-five pounds for one year, which being read was agreed to, countersigned by the Speaker and sent to the Senate.

Received from the Senate a resolve allowing Hopkins Wilder Seven pounds for two steers converted to the public use, which being read, was rejected, whereupon,

Resolved, That the claim contained in the Petition of Hopkins Wilder for two steers, taken from him by Major Molten and Captain Coleman, be referred to the Auditors of the District wherein the said Wilder lives, who shall receive the said Petition and other papers that he may be able to produce them on that subject as sufficient vouchers, and that they grant him a certificate accordingly.

The Bill to prevent unjust appeals and to impower the County Courts in this State to provide for the safe keeping of the Estates of Idiots and Lunatics, was read the first time, amended, passed and sent to the Senate.

Received from the Senate a Bill for clearing and opening the navigation of Tar River and Fishing Creek in the Counties of Pitt, Edgecombe and Halifax, and the Bill making the real estate of deceased Debtors subject to the payment of Debts where the personalty

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is insufficient. Endorsed, read the first time and passed; which were read for information.

A Bill for clearing and opening the navigation of Tar River and Fishing Creek in the Counties of Pitt, Edgecombe and Halifax was read the first time, passed and sent to the Senate.

Ordered that the Bill making the real Estate of deceased Debtors subject to the payment of debts where the personal is insufficient, be committed to the Committee to whom was referred his Excellency the Governor’s address.

Received from the Senate a Bill for levying a Tax for the payment of the Interest of the Certificates granted to officers and Soldiers of the Continental line of this State, pursuant to an act passed in 1783, entitled “an act for the relief of the Officers and Soldiers of the Continental line and for other purposes.” Endorsed, read the first time and passed.

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

The Sheriff of Fayette County certified that William Rand and Alexander McAllister were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. Rand appeared, was qualified and took his seat.

Mr. Maclaine presented the Petition of Richard Cogdell, which was read and referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Butler informed the House that it was to be doubted whether or not Mr. Rand was constitutionally qualified to hold a seat in this House on a suggestion that he is Clerk of a County Court. Ordered that the Committee of Privileges and Election report on the Legality of Mr. Rand’s holding a seat in this House.

Mr. Stewart presented a Petition from a number of the people of Chatham County, praying, &c.

Mr. Butler presented a Petition from a number of the people of Orange County, praying, &c.

Whereupon Mr. Butler moved for leave and presented a Bill to render incapable all such persons that now are, or hereafter may be of, or belonging to, the Society of the Cincinnati of having a seat in either House of the General Assembly of this State.

Ordered that the said Bills and Petition lie on the Table.

Received from the Senate the following Bills, vizt.:

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A Bill for levying a tax for the support of Government, and for the redemption of Continental money, old paper currency, specie and other certificates.

A Bill for impowering the Commissioners of public buildings in Bladen County to sell the public Lots reserved for said buildings, to purchase others and build the court house on the Street if more eligible in their opinion.

A Bill for raising a public revenue for the support of Government. Endorsed, read the first time and passed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

Mr. Allen Jones and Mr. Taylor will, on the part of this House, act with the Gentlemen by you appointed to report on the civil list.

Received also a resolve allowing William Skinner, Esquire, Twenty-seven pounds four shillings, which being read was concurred with and returned.

Received from the Senate a state of the acct. of the public tax in the District of Edenton for the year 1783.

On motion, Resolved, that Mr. Seth Riddick have leave to absent himself from the service of this House.

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


Wednesday, 3 November, 1784.

The House met according to adjournment.

Mr. Payne, from the Committee to whom was referred the Petition from the Inhabitants of Pasquotank and Perquimans Counties, Reported as follows, vizt.:

That after mature consideration of the Petition of the above mentioned inhabitants and a strict inquiry had of the facts therein set forth, your Committee are of opinion that a Bill be brought in to grant the prayer of the said Petition; all which is submitted.

MICHAEL PAYNE, Ch.

The House taking the said report into consideration concurred therewith. Whereupon, Mr. Payne moved for leave and presented a Bill to establish a road from Lemuel Forehand’s or Caleb Cooper’s in Pasquotank County to Widow White’s in Perquimons County and granting a toll on the same, which was read for information,

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and then for the first reading in this House, was passed and sent to the Senate.

On reading the Petition of Samuel Holladay, Resolved, That the Secretary of this State be directed to register in his office a certain patent granted by his late Excellency Governor Johnston, to a certain Jacob Crosby bearing date the 22nd day of November, one thousand seven hundred and eighty-three, for two hundred acres of land, which is now in the possession of Samuel Holladay.

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

Mr. Person presented the Petition of Henry Guthrie, which being read, was ordered to be referred to the Committee appointed to consider and report on the accounts of Drury Gee, and sent to the Senate.

The Bill for impowering the County Court of Warren to levy a further tax on the Inhabitants of said County for defraying the expence of building a Court House, prison and stocks, was read the first time, passed and sent to the Senate.

The Sheriff of Northampton County certified that James Vaughan and William R. Davie were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. Davie appeared, was qualified and took his seat.

Mr. Wilson presented a Petition from sundry of the Inhabitants of Mecklenburg County, praying to have an act of the General Assembly passed for removing the public buildings thereof, which being read, Mr. Wilson moved for leave and presented a Bill for removing the public buildings of Mecklenburg County from Charlotte to the Centre of the said County, and for appointing Commissioners to find said centre and to superintend the erecting a Court House, prison and stocks as near said centre as convenience will permit, and altering the mode of annual Elections in said County, which was read for information.

Ordered that this Bill be read on Saturday next for the first reading in this House.

Mr. Butler from the Committee to whom were referred the Address from his Excellency the Governor, and the public dispatches accompanying it, and to report what measures it may be necessary

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to adopt in consequence of the intelligence and subject matter they contain, Reported as follows:

That they have made a progress in the business committed to their consideration, and among other things not yet completed have prepared an answer to the Governor’s address.

A Bill to make our laws consistent with the Resolutions of Congress in settling public accounts.

A Bill for suspending the Cession Act.

A Bill to declare void and repeal such of the Laws of this State as from their tenor appear inconsistent with the Treaty of Peace.

All which they submit to the General Assembly and ask leave to sit again to finish the business committed to them.

JOHN BUTLER, Ch.

The House taking the said report into consideration concurred therewith.

The Answer to his Excellency the Governor, was agreed to as follows, vizt.:

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

Sir:

The General Assembly have received with great satisfaction your Excellency’s address at the opening of the present session of the General Assembly, and they beg leave to assure your Excellency, that the interesting communications you have been pleased to make to them will meet with all due and proper attention. They also thank you, Sir, for the regard you manifest for the interest of the State in recommending to their consideration many subjects of the greatest national concern.

His most Christian Majesty having opened and established L’Orient and Bayonne free ports for the reception of Ships and Merchandize of all Nations, but more particularly calculated for the encouragement of the American Commerce, cannot fail to be highly pleasing to the General Assembly as it affords fresh proofs of the Magnanimity and Wisdom of that Great Monarch and in a particular manner manifests a continuation of his affectionate concern for the Interests of the United States.

We cannot close this address to your Excellency without assuring you that in taking a review of your administration which has now

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continued nearly as long as the constitution will allow of, we find every reason to be satisfied that you have constantly employed your best endeavors for the general good and welfare of the people over whom you have presided, and we hope when you retire from your present exalted station you will still continue to deserve the praise of your Country and to exercise your talents for the further improvement of our free and happy Government.

A Bill to suspend an Act of the last General Assembly Intitled “an Act 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,” was read the first time and passed.

A Bill to declare void and repeal such of the laws of this State as from their tenor appear inconsistent with the Treaty of Peace between the United States and His Brittanic Majesty, and to relieve such of the Citizens of this State as might otherwise be injured by such declaration and repeal, was read the first time and passed.

A Bill to adopt and recognize a resolve of Congress of the 20th February, 1782, respecting a Commission to be appointed for the settlement of the accounts of the United States with this State among others, was read the first time and passed.

Ordered that the report of the Committee on His Excellency’s the Governor’s address, together with the answer of his Excellency the Governor, and the three before mentioned Bills, be sent to the Senate by Mr. Payne and Mr. Bloodworth, and that they attend with the members to be appointed by the Senate, and present his Excellency with the said answer.

Received from the Senate the Petition of Matthew McClure. Endorsed, referred to the Committee of Propositions and Grievances, which being read, was referred by the Senate and returned.

Mr. Butler presented the Petition of the Executors of Robert Hogg. Decd., which being read, was referred to the Committee appointed to consider of the Petition of the Inhabitants of Beaufort and sent to the Senate.

Received from the Senate the Petition of Richard Cogdell. Endorsed, read and referred as by the Commons.

Received from the Senate a Bill for clearing and opening the navigation of Tar River and Fishing Creek in the Counties of Pitt,

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Edgecombe and Halifax. Endorsed, read the second time and passed.

Ordered that this Bill be read the second time in this House To-morrow.

Received from the Senate a Bill to amend an act intitled “an Act for establishing a town in Jones County,” also one other Act intitled “an Act for dividing Craven County into distinct Counties and for other purposes therein mentioned.” Endorsed, read the first time and passed; which Bill was read for information and then the first reading in this House, was passed and sent to the Senate.

Received from the Senate a Bill for allowing Salaries to the succeeding officers of State, and repealing so much of an act intitled “an act for allowing Salaries to the Governor, Secretary and other officers of State, and other purposes as comes within the purview of this act.” Endorsed, read the first time and passed, which was read for information of this House & then for the first reading, was passed and sent to the Senate.

Received from the Senate the resolve of this House directing the Secretary to record a Patent granted by his late Excellency Governor Johnston, to Jacob Crosby, concurred with by this House.

Received from the Senate the Petition of Henry Guthery. Endorsed, read the referred as by the Commons.

Recd. also the acct. of Thomas Morris. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read was referred as by the Senate and returned.

Recd. also a Bill for impowering the County Court of Warren to levy a further tax on the inhabitants of said County for defraying the expences of building a Court House, prison and stocks, and

A Bill to establish a road from Lemuel Forehand’s or Caleb Cooper’s in Pasquotank County, to the Widow White’s in Perquimans County, and granting a toll on the same. Endorsed, read the first time and passed.

Recd. also a Bill to prevent unjust appeals and to impower the County Courts in this State to provide for the safekeeping of the Estates of Idiots and Lunatics. Endorsed, read the second time, amended and passed.

Resolved, That Mr. Davie be added to the Committee to whom was referred His Excellency the Governor’s Address, &c.

Mr. Moore from the Committee to whom was referred the Petition

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from Wayne County, and Mr. Bloodworth to the Committee to whom was referred the Petition from Beaufort.

Mr. Person moved for leave and presented a Bill to enlarge the jurisdiction of the Justices of the Peace within the several Counties in this State, which was read for information, & then for the first reading in this House, was passed and sent to the Senate.

Mr. Mebane moved for leave to withdraw for amendment the Bill for the Inspection of Tobacco in the town of Hillsborough. Ordered that he have leave accordingly.

On motion, resolved, That Mr. Cain have leave to absent himself from the service of this House during the session.

The Sheriff of Lincoln County certified that John Sloan and Daniel McKissick were duly elected as members of the General Assembly to represent the said County in this House, whereupon the said Mr. Sloan and Mr. McKissick appeared, were qualified and took their seats.

A Bill to relieve James Underwood and Job Ward from the forfeiture of a recognizance entered into for the appearance of a certain Daniel Campbell before the Superior Court of Hillsborough District, and from a judgment given upon the said forfeiture, was read the first time, passed and sent to the Senate.

A Bill for the Inspection of Tobacco in the town of Hillsborough was delivered in by Mr. Mebane, read the second time, amended, passed and sent to the Senate.

A Bill to amend an act intitled “an Act for levying a Tax on the County of Northampton for repairing the public Buildings thereof, and to appoint and impower Commissioners for that purpose,” was read the first time, passed and sent to the Senate.

A Bill to supply the loss of a Patent for a certain Tract of Land lying in Currituck County granted to Richard Cummingforth, 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 address from His Excellency the Governor. Endorsed, read and concurred with. Recd. also the Memorial of the Executors of Robert Hogg, Decd. Endorsed, read and referred as by the House of Commons; and the accts. of Josias Black. Endorsed, read and referred to the Committee of Propositions and

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Grievances; which being read, was referred as by the Senate and returned.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

The Senate add Mr. John Williams, and Mr. Harget to the Committee of Propositions and Grievances.

Received from the Senate a Bill to adopt and recognize a resolve of Congress of the 20th of February, 1782, respecting a Commissioner to be appointed for the settlement of the Accounts of the United States with this State among others; and,

A Bill declaring the Currency Certificates issued by the State Auditors, and the certificates issued by the Comptroller General previous to the seventeenth day of May, 1783, and all other certificates granted under the sanction of any law of this State, reduced by the scale of depreciation, at the times they were granted, of the same value with specie certificates and to carry the same interest and to be received in the same payments. Endorsed, read the first time and passed.

Ordered that these Bills be read to-morrow, the former for the second and the latter for the first reading in this House.

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


Thursday, 4 November, 1784.

The House met according to adjournment.

Mr. Butler, from the Committee to whom was referred the Address from his Excellency the Governor, &c., delivered in a Bill for the more regular collecting payment of and accounting for the public Taxes, which was read for information, and then for the first reading, was passed and sent to the Senate.

Received from his Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I lay before you a letter from his Excellency Benjamin Franklin, Esquire, Minister Plenipotentiary of the United States at the Court of Versailles, recommending to my protection and Councils Patrick Cleary, who claims in behalf of himself and other persons

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in the Kingdom of Ireland, the estate of his brother Timothy Cleary, late of North Carolina, deceased, part of which estate hath been sold as it is suggested, by the Commissioners of Confiscated Property, whether properly or otherwise, your Honourable body will please to determine; as the legislature are the only power at present that can give the claimant’s relief, I submit to your wisdom their case, in which humanity and public justice seem to be greatly concerned.

ALEX. MARTIN.

At the same time received the Letter referred to in the above message which being read, was together with the message from his Excellency the Governor, and the other papers accompanying it, referred to a joint Committee, the members appointed on the part of this House for that purpose are Mr. Davie, Mr. Maclaine, Mr. Brickell, Mr. Hay, Mr. Sharpe, Mr. Person, Mr. Bryan and Mr. Moore.

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

Mr. Davie presented the Memorial of the Judges of the Superior Courts of Law and Equity, which being read, was referred to the Committee appointed to consider & report on the Accts. of Drury Gee, and sent to the Senate.

Mr. Bryan moved for leave and presented a Bill to amend an act intitled “an act for levying a tax on every hundred pounds value taxable property in the District of New Bern for repairing the gaol of the District,” which was read for information, and then for the first reading, was passed and sent to the Senate.

Received from the Senate a Bill to relieve James Underwood and Job Ward from the forfeiture of a recognizance entered into for the appearance of a certain Daniel Campbell before the Superior Court of Hillsborough District and from a judgment given upon the said forfeiture; and

A Bill substantiating the Entries of Lands that may be first made in the Entry Taker’s offices of Hyde and Tyrrell the location of which cannot be ascertained by reason of the Great Dismal lying in and between said Counties, thro’ which the dividing lines of said Counties is not extended. Endorsed, read the first time and passed.

Ordered that these Bills be read the second time in this House To-morrow.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot on Tuesday next at four o’clock in the afternoon for a Governor of this State for the ensuing year,and put in nomination the Honourable Richard Caswell and Abner Nash, Esquires. It is the sense of this House that the place where the next Assembly shall be held be balloted for at the same time, for which purpose we nominate the towns of New Bern, Halifax, Hillsborough and Fayetteville.

Should you accede to this proposition Mr. Gallaway and Mr. Skinner, will, on the part of this House, superintend the Balloting.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree that the General Assembly ballot on Tuesday next, at the time you mentioned, for a Governor of this State for the ensuing year, and nominate the same Gentlemen as nominated by the Senate.

We agree to ballot at the same time for the place at which the next Assembly shall be held, and nominate in addition to the places nominated by you the Town of Tarborough.

Mr. Payne and Mr. Macon will superintend the balloting on the part of this House.

The Bill to alter and amend an act entitled “an Act 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 colecting the public Taxes,” was read the first time, passed and sent to the Senate.

The Sheriff of Greene County certified that Alexander Outlaw was duly elected a member of the General Assembly to represent the said County in this House, whereupon the said Mr. Outlaw appeared, was qualified and took his seat.

Mr. Bryan presented the Petition of Jacob Sikes, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Davie presented the acct. of the Honourable Judge Williams for his attendance as a member from this State in Congress. Ordered that the same be referred to the Committee appointed to examine

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& report on the accts. of Drury Gee, and sent to the Senate.

Mr. Person presented the Petition of John Taylor, which being read, was referred to the Committee appointed to consider of the Accts. of Drury Gee, and sent to the Senate.

Resolved, That this House will receive no Bill of a private nature after Monday next.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House have resolved to receive no Bill of a private nature after Monday next & wish the Senate to enter into one of a similar nature.

Read the Petition of George Alston, of Granville County, praying, &c., which was referred to the next General Asembly.

Ordered that the said Petition be sent to the Senate:

Mr. Hay moved for leave and presented a Bill to establish the principal streets and squares of Fayetteville as laid down in a plan of the said town by Commissioners appointed by an act at Hillsborough the Eighteenth day of April, in the Seventh year of Independence of this State, intitled “an Act for appointing the several persons therein named to lay out the streets in upper Campbelton in Cumberland County and for the future regulation of the said town, and giving a further time for saving Lotts in the Lower Town, and for altering the name of Campbelton to Fayetteville,” which was read for information.

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

Read the Petition of Robert Fields, which was ordered to be sent to the Senate.

Mr. Person, from the joint Committee appointed to enquire into and report on a Petition of a number of the Inhabitants of the County of Wayne, reported as follows, vizt.:

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

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

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

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

The Bill for the encouragement of learning in the District of Salisbury was read the first time, passed and sent to the Senate.

Mr. Butler, from the Committee to whom was referred the Message from his Excellency the Governor, and the State papers accompanying the same, &c., delivered in a Bill to ascertain the number of white and black inhabitants and the citizens of every age, sex and condition, in this State, which was read for information.

Ordered that this Bill be read for the first time in this House To-morrow.

Received from the Senate the following Bills, vizt.:

A Bill for repealing part of an act passed at New Bern in November, 1777, intitled “an Act to ascertain and regulate the fees of the Clerks of the Superior and County Courts, justices of the peace, and attornies in this State, and declaring the method of paying the same,” also part of an act passed at Halifax, in January, 1779, also entitled “an act for ascertaining the fees of the Clerks of the Superior & County Court Clerks, Justices of the Peace, and Attornies of this State.”

A Bill to suspend an Act of the last General Assembly intitled “an Act 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.”

A Bill to declare void and repeal such of the Laws of this State as from their tenor appear inconsistent with the Treaty of Peace between the United States and his Britannic Majesty, and to relieve such of the Citizens of this State as might otherwise be injured by such declaration and repeal.

A Bill to amend an Act intitled “an Act for levying a Tax on every hundred pounds value of Taxable property in the district of New Bern for repairing the Gaol of the District.”

A Bill to supply the loss of a Patent for a certain Tract of land lying in Currituck County granted to Richard Cummingforth.

A Bill to alter and amend an Act entitled “an Act to amend an

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act intitled an act for ascertaining what property in this State shall be deemed taxable property, the method of assessing the same & collecting public taxes.” Endorsed, read the first time and passed.

Ordered that these Bills be read in this House To-morrow.

Recd. also a Bill to amend an act entitled “an Act for laying a Tax on the County of Northampton for repairing the public buildings thereof, and to appoint and impower Commissioners for that purpose.”

A Bill for allowing Salaries to the succeeding officers of State, and repealing so much of an act intitled “an Act for allowing Salaries to the Governor, Secretary and other officers of State, & other purposes as comes within the perview of this act.”

A Bill to amend an Act intitled “an Act for establishing a Town in Jones County,” also one other act intitled “an Act for dividing Craven County into two distinct Counties & for other purposes therein mentioned.” Endorsed, 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 message from his Excellency the Governor, inclosing sundry papers in support of the Claim of Patrick Cleary, &c. Endorsed, read and referred to Mr. Coor, Mr. Gillispie, Mr. Allen Jones and Mr. Hill.

Received also, the Memorial of the Judges of the Superior Courts of Law and Equity, The Petition of John Taylor, The Petition of Jacob Sikes, the Petition of George Alston and the Acct. of Judge Wiliams. Respectively endorsed, read and referred as by the Commons.

Ordered that the folowing mesage be sent to the Senate.

Mr. Speaker and Gentlemen:

We propose that the Committee appointed to report what measures are to be adopted in aid of the public Taxes shall make up the estimate for the year 1785, particularly specifying the expences of the civil list, incidental and Federal charges, the quantity of Lands and the number of polls in this State. We have added to this Committee Col. Davie.

The Bill to impower former sheriffs to collect the arrears of the public taxes due from the inhabitants of their respective Counties,

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and to oblige them to account for and pay the same, was read the first time, amended, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill to amend an Act entitled “an Act for altering the time of holding the annual Elections and annual Assemblies, and directing the manner of electing annual officers for the succeeding year.”

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

A Bill for the encouragement of learning in the District of Salisbury. Endorsed, read the first time and passed. Ordered that these Bills be read To-morrow for the second reading in this House.

Received from the Senate the report of the Committee on the Petitions from Wayne County. Endorsed, read and concurred with.

Recd. also a message from the Senate, proposing to include public as well as private Bills in the resolution of this House, wherein it was Resolved they would not receive any Bill of a private nature after Monday next; which being read, was ordered to lie on the Table for consideration.

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


Friday, 5 November, 1784.

The House met according to adjournment.

The Sheriff of Rutherford County certified that Richard Singleton and James Withrow were duly elected as members of the General Assembly to represent the said County in this House, whereupon the said Mr. Singleton and Mr. Withrow appeared, were qualified and took their seats.

The Sheriff of Martin County certified that John Ross was duly elected as a member of the General Assembly to represent the said County in this House, in the room and stead of Thomas Hunter, who was disqualified from taking a seat in the General Assembly by his holding the Clerkship of Martin County aforesaid, whereupon the said Mr. Ross appeared, was qualified and took his seat.

Received from the Senate a Bill to enable Richard Smith to rebuild and keep in repair a bridge over the Lake in the Great Swamp in Bladen County. Endorsed, read the first time and passed.

The claim of Edward Williams of Richmond County, was read and referred to the Committee of Propositions and Grievances, and sent to the Senate.

-------------------- page 757 --------------------

Mr. Blount moved for leave and presented a Bill to alter the place of holding the County Court of Beaufort County from Bath in the Town of Washington in said County, and to erect a new Court House, Prison, Pillory and Stocks in said County, which was read for information.

Resolved, That the Treasurers of this State, or any of them, advance to Richard Blackledge the sums mentioned in three orders granted on the Commissioner of Specific Supplies for the County of Beaufort, bearing date, the one the 22nd day of April, in the year 1783, one other the 11th of March, 1783, and the third the 17th day of February, 1783, for which the Treasurer advancing such sums shall be allowed in the settlement of his public accounts.

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

Mr. Blount presented the Petition of Nathan Keais inclosing a set of Bills of exchange drawn by John Ashe, Esquire, late one of the public Treasurers in this State, on the Continental Treasury, which being read were referred to the Committee of Propositions and Grievances, and sent to the Senate.

The House took up the consideration of the following Message from the Senate of yesterday, vizt.:

Mr. Speaker and Gentlemen:

We do not concur with the resolution of your House for admitting no Bill of a private nature after Monday next, but have resolved that no Bill whatever be introduced in this House after that day, and wish the House of Commons to adopt a similar resolution.

Resolved, That no Bill whatever be admitted in this House after Monday next.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House concur with the message of your respecting the introduction of Bills.

The Sheriff of Duplin County certified that Robert Dixon was duly elected as a member of the General Assembly to represent the said County in this House, whereupon the said Mr. Dickson appeared, was qualified and took his seat.

Ordered that the Bill for impowering the County Court of Warren

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to levy a further Tax on the Inhabitants of said County, &c., be read the second time in this House To-morrow.

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

Resolved, That Mr. Powell and Mr. Handley have leave to absent themselves from the service of this House.

Mr. Payne moved for leave & 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 appoint where bridges shall be built, and to clear inland rivers and creeks; which being read for information was committed to Mr. Davie, Mr. Hay, Mr. Macon and Mr. Payne.

Mr. Payne moved for leave and presented a Bill to regulate the weights and measures of Grain, Meal & Salt, which being read, was ordered to lie on the Table.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons taking into consideration the Message of the Senate, accompanied by their resolution not to receive any Bills of a public or private nature to be introduced after Monday next, have concurred with the same. They beg leave to observe they have the rather acquiesced in the resolution of the Senate from a conviction of the propriety of the order of both Houses relative to public business standing on the same rule, than from a sense that it is at any time fitting for the Doors of the General Assembly to be closed against public Bills in which the body of the people are interested.

Mr. Bloodworth presented a Petition from a number of the inhabitants of the State of North Carolina, which being read was referred to the Committee appointed to examine and report on his Excellency the Governor’s Address, &c., and sent to the Senate.

Received from the Senate the Petition of Nathan Keais, and the Account of Edwd. Williams. Each endorsed, read and referred as by the Commons.

Read the resignation of Nathan Bryan as Justice of the Peace for Jones County; the resignation of Thomas Hunter as a Justice of the Peace for Nash County; The resignation of James Badgedd as a Justice of the Peace for Surry County, and the resignation of John Moore as one of the Commissioners for settling and adjusting

-------------------- page 759 --------------------
the Accts. of the Continental officers and Soldiers, which were severally accepted of and sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We consent that the Committee to report what means are to be adopted in aid of the public taxes be directed to perform the services by you proposed.

Received from the Senate the following Bills, vizt.:

A Bill for the more regular collecting, payment of and accounting for the public taxes.

A Bill to repeal an act intitled “an Act for imposing a duty or tax in aid of the public revenue upon the different articles therein mentioned, sold at public auction or public vendue, and for regulating auctioneers or vendue masters.” Endorsed, read the first time and passed.

The Bill to establish a Town on the lands of Thomas Relf, in Pasquotank County, on the South West side of Pasquotank River, and for repealing an act passed at the last General Assembly intitled “an Act to alter the place of holding the County Court of Pasquotank County from Windfield to the Town of Nixonton, &c., was read the first time, passed and sent to the Senate.

Resolved, That Mr. Blount have leave to absent himself from the service of this House until Monday next.

Mr. Nash moved for leave and presented a Bill to amend an act intitled “an Act for dividing the County of Cumberland passed at Hillsborough last General Assembly, and to confirm the proceedings of the Justices of Moore County, and to alter the time of holding the Courts in the said County,” which was read for information.

Mr. Bryan moved for leave and presented a Bill directing the duty of Naval Officers, and of all Masters of Vessels coming into any of the Ports or Inlets in this State, which was read for information.

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


Saturday, 6 November, 1784.

The House met according to adjournment.

The resignations of Benjamin May and Robert Moye, as justices of the peace, were read and accepted and sent to the Senate.

Received from the Senate the Petition of sundry Inhabitants of

-------------------- page 760 --------------------
the State of North Carolina, and the resolve of this House directing the Treasurers to pay to Richard Blackledge the sums therein mentioned, concurred with.

The Sheriff of Burke County certified that Waightstill Avery and Joseph McDowell were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. Avery appeared, was qualified and took his seat.

The Sheriff of Rowan County certified that Spruce Mackay was duly elected as a member of the General Assembly to represent the Town of Salisbury in this House, whereupon Mr. Mackay appeared, was qualified and took his seat.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House propose that the two Houses shall adjourn till Monday in order that the Committees may prepare their reports on the subjects submitted to their consideration, and also that the members who have Bills to draw may be ready with them to present to the House before the time for the introduction of Bills may be elapsed. Should you approve of this measure we will adjourn accordingly.

Resolved, That the Auditors of New Bern District issue to John Gaylord of Hyde County, a certificate for nine pounds, to replace one for the same sum formerly issued and which was destroyed by fire. Ordered to be sent to the Senate for concurrence.

Received from the Senate a Bill to Establish a Town on the lands of Thomas Relfe in Pasquotank County, &c., &c.

A Bill for the dividing of the County of Guilford.

A Bill for ascertaining and fixing the time when acts of the General Assembly of this State shall commence to be in force and have effect. Endorsed, read the first time and passed.

Received also a Bill to impower former Sheriffs to collect the arrears of public taxes due from the Inhabitants of their respective Counties, &c. Endorsed, read the second time and passed.

Resolved, That Mr. Macon have leave to absent himself from the service of this House after Wednesday next.

Resolved, That Mr. Robertson be added to the Committee appointed to receive from the Treasurers the old Dollar Bills, &c.

Resolved, That Mr. Person have leave to withdraw for amendment

-------------------- page 761 --------------------
the Bill repealing the Act ceding to the Congress of the United States certain Western Lands, &c.

Mr. Outlaw moved for leave and presented a Bill to impower the Inhabitants of the Western Territory, by and with the consent of this State, to form themselves into a separate State, known by the name of West Carolina which is reserved to them by the cession Bill passed in 1783, &c.

Whereas, William Gilbert was cited by the last to appear before this Assembly to answer to the charges exhibited against him by David Miller, and in the meantime was suspended from the execution of the office of a justice of the peace for the county of Rutherford, and Whereas, it appears to this Assembly, that the Grand Jury at the Superior Court of Law and Equity held for the District of Morgan, September term, 1784, found a Bill of indictment against the said William Gilbert who was then and there charged with and found guilty of forgery, Therefore Resolved, That the said William Gilbert be struck out of the list of Justices for the said County of Rutherford, and not hereafter be considered as a justice of the Peace.

The House adjourned till Monday morning 10 o’clock.


Monday, 8 November, 1784.

The House met according to adjournment.

Mr. Bloodworth moved for leave and presented a Bill to alter the place of holding the annual Elections for members of the General Assembly in & for the County of New Hanover, which was read for information.

Ordered that this Bill be read for the first reading in this House To-morrow.

Mr. Payne moved for leave and presented a Bill to enable Benjamin Blount of Tyrrell County, Trustee to Thomas Bogg, to sue for and recover for & to the use and uses of the children of the said Thomas Bogg all debts due and owing to the said Thomas Bogg, and all other things in action which the said Thomas Bogg might have lawfully sued for and recovered.

The Memorial of John Armstrong was read, whereupon,

Mr. Hay moved for leave and presented a Bill to prevent the issuing of Grants for lands on the Western Waters to such as have paid

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for the entry thereof in counterfeit certificates, and until the surveyors fees shall be paid, which was read for information.

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

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

Mr. John Blount and Mr. J. Payne, who had leave of absence until this day, appeared and took their seats.

The Bill to impower the Inhabitants of the Western Territory by and with the consent of this State, to form themselves into a separate State by the name of West Carolina, which is reserved to them by the Cession Act passed in Hillsborough in 1783, and to open a land office immediately to sink the North Carolina Specie Tickets occasioned by the late War, and to explain how far that reservation extends, was read the first time, passed and sent to the Senate.

Mr. Hay moved for leave and presented a Bill to establish in the Towns of Edenton, New Bern and Wilmington, Courts for the speedy decision of Mercantile Transactions with Foreigners and Transient persons with Maritime affairs, which was read for information.

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

Mr. Montfort moved for leave and presented a Bill for regulating the Inspection of Tobacco and Preventing frauds, which was read for information.

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

Mr. Moye moved for leave and presented a Bill to amend an act intitled “an Act to prevent the exportation of unmerchantable commodities, pased at Hillsborough, 1784,” which was read for information. Ordered that this Bill be read to-morrow for the first reading.

Mr. Haywood moved for leave and presented a Bill for appointing County Commissioners for taking affidavits in causes of Law and Equity, which was read for information. Ordered that this Bill be read to-morrow for the first reading.

The Petition of Samuel Spaight praying to have an act passed to alter the name of Jesse Hay to that of Jesse Spaight, whereupon,

Mr. Lytle moved for leave and presented a Bill for altering the name of Jesse Hay to Jesse Spaight, which was read for information.

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

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Mr. Macon moved for leave and presented a Bill to appoint Commissioners to mark out a road from Franklin County into the Road leading from Peacock’s Bridge to New Bern, which was read the first time, passed and sent to the Senate.

Resolved, That the Treasurers of this State, or either of them pay to John Mare the sum of forty-six pounds seventeen shillings and two pence, specie, for sundry articles of merchandize furnished Samuel Cooley, a Quarter Master, for the use of the Continental line of this State.

Ordered that this Resolve be sent to the Senate for concurrence.

Read the Petition of sundry of the Inhabitants of Bladen County. Ordered that the same be referred to a joint Committee, and that Mr. Singleton, Mr. Sharpe, Mr. Montfort, Mr. Bloodworth & Mr. Sherrod be a Committee on the part of this House for that purpose.

Ordered that this Petition be sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill to appoint Commissioners to mark out a road from Franklin County into the road leading from Peacock’s Bridge to New Bern

A Bill for levying a tax in the Counties of Hillsborough District for the repairs of the District Buildings in the town of Hillsborough.

A Bill to prevent persons holding offices of profit from enjoying seats in the General Assembly.

A Bill for opening the navigation of the No. West of New River from the landing of James Howard, Esquire, to the lower Bridge on said River in Onslow County.

A Bill to enable Benjamin Blount of Tyrrell County, Trustee to Thomas Bogg, to sue for and recover for & to the use and uses of the Children of the said Thomas Bogg, &c. Respectively endorsea, read the first time and passed.

Mr. Person moved for leave and presented a Bill for establishing a Militia in this State, which was read the first time, passed and sent to the Senate.

Received from the Senate the resignation of Thomas Lock, Esq, Endorsed, read and accepted; which being read, was accepted by this House and returned.

Mr. Maclaine moved for leave and presented a Bill for the more speedy and effectual execution of process issuing from the several Courts of Law and Equity in cases where the sheriff or coroner may

-------------------- page 764 --------------------
be resisted or threatened and the power of the County should be found insufficient for the purpose.

Mr. Maclaine moved for leave and presented an additional 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 and other purposes, passed at Hillsborough in the year one thousand seven hundred and eighty-three,” and an act intitled “an Act 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 and other purposes, and for repairing the Court House of the said District passed at Hillsborough last Assembly.”

Mr. Maclaine moved for leave and presented a Bill to remove all disabilities from Simon Cleary, and others therein named.

Mr. Maclaine moved for leave and presented a Bill to explain, amend and supply the deficiencies of an act passed last Assembly at Hillsborough intitled “an Act 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 and for directing how deeds of gifts and Bills of sales of slaves shall be executed, authenticated and perpetuated.”

Mr. Maclaine moved for leave and presented a Bill for extending the line between the Counties of Burke and Rutherford.

Mr. Maclaine moved for leave and presented a Bill to alter the time of holding the several County Courts of pleas and quarter sessions therein mentioned.

Mr. Maclaine moved for leave and presented a Bill for establishing the Town of Morgan and directing the building a Court House and Prison for the District of Morgan.

Mr. Maclaine moved for leave and presented a Bill to repeal part of an act intitled “an Act to facilitate the Navigation of Neuse River and to improve the navigation of Contentnea and Swift Creeks.”

Mr. Maclaine moved for leave and presented a Bill for establishing a town on the lands of Jacob Johnston.

Mr. Sharp moved for leave and presented a Bill to prevent Horse stealing within this State.

-------------------- page 765 --------------------

Mr. Sharp moved for leave and presented a Bill for establishing a University in this State.

Mr. Sharp moved for leave and presented a Bill to impower the County Court of Wayne to lay a tax annually for the purpose of finishing and compleating the Court House, prison and stocks, and for defraying the contingent charges of said County.

Mr. Maclaine moved for leave and presented a Bill to exempt Messieurs Bridgen and Waller, Merchants in London from all penalties and forfeitures by means of the Confiscation acts.

Mr. Maclaine moved for leave and presented a Bill for extending the dividing line between the Counties of Hyde and Tyrrel.

Mr. Nash moved for leave and presented a Bill concerning the Entry office for claims of land in the County of Rutherford. Ordered that this Bill be read on Wednesday next for the first reading.

Mr. Person moved for leave and presented a Bill to amend an act passed at the last General Assembly intitled “an Act for altering the time of holding Annual Elections and Annual Assemblies, and directing the manner of electing annual officers for the succeeding year,” which was read for information.

Received from the Senate the resignation of Benjamin May; The resignation of Richard Moye; The resignation of Thomas Hunter; of James Badgedd, of John Macon, & of Nathan Bryan. The resolve of this House in favour of John Gaylord, and the resolve breaking William Gilbert of the office of a justice of the peace. Respectively endorsed, concurred with.

Mr. Outlaw moved for leave to bring in a Bill, after this day, intitled “a Bill for establishing a Superior Court for that part of the Western Country which lies to the Westward of the Apalachian Mountains and for appointing a General officer for the said District.” Ordered that he have leave accordingly.

Received from His Excellency the Governor, the following message:

To the Honourable the General Assembly: Gentlemen:

You have herewith a report from the Colonel of Nash County of a Court Martial held in said County on a charge exhibited against Major Edward Gundy for defrauding the State of a Continental Soldier, which fact was made appear to the satisfaction of the Court,

-------------------- page 766 --------------------
who recommended that Captain John Bonds be appointed second Major instead of said Edward Gandy. The above sentence was approved of by the Brigadier of the District. It rests with your Honourable body to recommend Captain Bonds for the Commission aforesaid, as otherwise my appointment would be temporary.

ALEXANDER MARTIN.

Resolved, That John Bonds be and he is hereby appointed second Major of Nash County in the room and stead of Edward Gandy, and that his Excellency the Governor commission him accordingly.

Received from his Excellency the Governor, the following Reply to the answer of the General Assembly:

To the Honourable the General Assembly:

Gentlemen:

The polite attention you have been pleased to pay to the communications and recommendations in my address gives me singular pleasure and merits my warmest acknowledgments for which I return you my hearty thanks. I make no doubt that your deliberations will be employed, on the several subjects therein, as well as other interesting objects before you, in such a manner as cannot fail to meet the approbation of your Country. To be informed by the Legislature that my administration hath given them satisfaction is very acceptable to me but the honourable manner in which they announce this mark of their approbation excites in my mind a sense of the most lively gratitude.

Be assured that when the Constitution shall place me among my fellow Citizens, my ardent wishes for the prosperity of the State shall not be abated; but my utmost powers through every walk of life shall be exercised to render service to my country.

ALEX. MARTIN.

Ordered that the above reply be sent to the Senate.

Ordered that the Bill for repealing an act intitled “an Act for ceding to the Congress of the United States certain Western territory and authorising the Delegates from the State in Congress to execute a deed or deeds for the same,” be read for the first time at five o’clock this evening.

Resolved, That Mr. Seals have leave to absent himself from the service of this. House after To-morrow.

-------------------- page 767 --------------------

Mr. Montfort moved for leave and presented a Bill to limit the time of the continuance of the several Boards of Auditors in this State, and of the Board for settling and liquidating the accounts of the Continental officers and Soldiers to a certain period, and to impower the Treasurers to pay out of the Tax for the year 1784, the money which they were to have paid agreeable to an act of Assembly passed at Hillsborough in June last, which was read for information.

Received from the Senate the Petition of sundry of the Inhabitants of Bladen County. Endorsed, read and referred to Genl. McDowell and Mr. Gillispie.

Mr. Maclaine moved for leave and presented a Bill for altering the oath of Allegiance, and the oath and affirmation of Fidelity.

Mr. Maclaine moved for leave and presented a Bill for laying a tax in the town of Wilmington for the better government thereof, and for the election of Commissioners for the succeeding year.

Mr. Maclaine moved for leave and presented a Bill to extend the Navigation of Cape Fear River.

Mr. Blount moved for leave and presented a Bill to impower the Commissioners of Ports Bath, Beaufort and Roanoke to remove Pilots who refuse to take Branches off the public grounds on Ocracoke Island, and to impower said Commissioners to imploy other persons to act as Pilots at Ocracoke Inlet.

Mr. Blount moved for leave and presented a Bill to secure the property of Elizabeth Bonner in the hands of a Trustee.

Mr. Blount moved for leave and presented a Bill for the better regulation of the Town of Tarborough.

Mr. McKissick moved for leave and presented a Bill for erecting and establishing a town in the County of Lincoln.

Mr. Sharpe moved for leave and presented a Bill to describe and ascertain such persons who owe allegiance to this State, and who joined and continued with the Enemy during the late War, and who ought not to be admitted as Citizens thereof.

Mr. Person moved for leave and presented a Bill to direct Sheriffs in levying Executions, and the disposal of lands, goods and chattels taken thereon.

Mr. Sharpe moved for leave and presented a Bill for the encouragement of the Clerical order in this State.

-------------------- page 768 --------------------

A Bill to repeal an act of the last General Assembly intitled “an Act 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,” was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills:

A Bill to amend an act of Assembly passed at Hillsborough in April, the year one thousand seven hundred and eighty-four, intitled “an Act for levying certain duties on all foreign merchandize imported into this State in aid of the public finances and directing the mode of collecting the same, and also to amend one other act passed in the same year entitled “an Act to prevent the exportation of unmerchantable commodities,” and also to amend one other act of Assembly passed in May, 1783, intitled “an Act for facilitating the navigation and regulating the pilotage of the several ports of this State.” Endorsed, in Senate, 8th November, 1784, read the first time and passed.

A Bill to ascertain and regulate the several officers’ fees therein mentioned. Endorsed, in Senate, 8 November, 1784, read the first time and passed.

Also a Bill for obtaining an accurate account of the militia service during the late war, in order that the claims of this State upon the United States may be ascertained. Endorsed, in Senate, 8th of November, 1784, read the first time and passed; and,

A Bill to amend an Act for dividing Duplin County. Endorsed, in Senate, 8th November, 1784, read the first time and passed; also,

A Bill for appointing Commissioners to extend the boundary line between this State and South Carolina. Endorsed, in Senate, 8th November, 1784, read the first time and passed; also,

A Bill to amend an act passed at the last session of the General Assembly entitled “an Act for the relief of such persons as have been disabled by wounds or rendered incapable of procuring for themselves and families subsistence in the militia service of this State and providing for the widows and orphans of such as have died.” Endorsed, in Senate, read the first time and passed; also,

A Bill to restore to their privileges persons therein described. Endorsed, in Senate, 8th of November, 1784, read the first time and passed; also,

-------------------- page 769 --------------------

A Bill for establishing a Militia in this State. Endorsed, in Senate, 8th November, 1784, read the first time and passed; and,

A Bill to authorize and impower the Governor, or Commander-in-Chief for the time being, to issue a proclamation requiring certain offenders therin mentioned, to surrender themselves within a limited time, and in case of failure offering a reward to any person, or persons, who shall apprehend and bring to justice such offenders Endorsed, in Senate, 8th November, 1784, read the first time and passed.

Received from the Senate the report of the Committee to whom was referred His Excellency the Governor’s Message, and State papers. Endorsed, read and concurred with; which being read, was amended, concurred with as amended, and returned to the Senate with the following message:

Mr. Speaker and Gentlemen:

The report of the Committee to whom was referred the Governor’s message, &c., we herewith return you amended; should the Senate agree to the report as amended, we then concur with it.

Mr. Hamilton presented the Petition of John Haley which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

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


Tuesday, 9 November, 1784.

The House met according to adjournment.

The House adjourned till 9 o’clock.

Met according to adjournment.

Mr. Alford presented a Copy of the Instructions given the County Commissioners in the District of New Bern by Major Mountflorence, assistant Commissary, &c., which being read, was referred with its inclosures to the Committee of Propositions and Grievances, and sent to the Senate.

Received from his Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I send you herwith duplicates of Petitions that were laid before

-------------------- page 770 --------------------
the last Assembly, from Ralph and Ebenezer McNair accompanied with a letter from Major General Greene in behalf of Ralph McNair. I am solicited to draw the attention of the Legislature again to the cases of these persons.

ALEX. MARTIN.

At the same time received the duplicates referred to in the above message, which being read, were referred to the next Assembly.

Ordered that they be sent to the Senate.

Mr. Bloodworth presented the Petition of William King, which being read, was referred to the Committee of Propositions and Grievances, and sent to the Senate.

Mr. Hay presented the resignation of James Sampson, as a Justice of the Peace for the County of Sampson, which being read, was accepted of, and sent to the Senate.

The Bill to explain, amend and supply the deficiencies of an act passed last Assembly at Hillsborough, intitled “an Act to regulate the descent of real estate, to do away entials, to make provision for widows, and to prevent frauds in the last Wills and Testaments, and for directing how deeds of gifts and Bills of sales of Slaves shall be executed, anthenticated and perpetuated,” was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill to ascertain the titles to certain lands therein mentioned.

A Bill to establish a public school in the County of Duplin. Endorsed, read the first time and passed.

Received from the Senate the Acct. of the Board of Auditors for the District of Edenton. Endorsed, read and referred to the Comptroller for a certificate for the balance; which being read, was referred as by the Senate and returned.

Received also the Petition of Jesse Croom. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, was referred as by the Senate and returned.

On motion, ordered that the Clerk deliver to Mr. Alford the Petitions from Wayne County and the papers relative to the subject matter of the said Petitions.

The Bill for altering the Oath of Allegiance and the Oath of Affirmation and Fidelity, was read the first time, passed and sent to the Senate.

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The Bill to impower the County Court of Wayne to lay a tax annually for the purpose of finishing & compleating the Court House, prison and Stocks, and for defraying the contingent charges of said County, was read the first time, passed and sent to the Senate.

The Bill to extend the Navigation of Cape Fear River, was read the first time, passed and sent to the Senate.

The Bill to alter the time of holding the several County Courts of Pleas and Quarter Sessions therein mentioned, was read the first time, passed and sent to the Senate.

The Bill for encouragement of the Clerical order in this State, was read the first time, passed and sent to the Senate.

The Bill for establishing the Town of Morgan, and to direct the builing a Court House & Prison for the District of Morgan, was read the first time, passed and sent to the Senate.

The Bill for the better regulation of the town of Tarborough was read the first time, passed and sent to the Senate.

The Bill for extending the line between the Counties of Burke and Rutherford was read the first time, passed and sent to the Senate.

The Bill for erecting and establishing a town in the County of Lincoln was read the first time, passed and sent to the Senate.

An additional 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 and other purposes passed at Hillsborough in the year 1783,” and 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, and other purposes, and for repairing the Court House of the said District passed at Hillsborough the last session of Assembly,” was read the first time, passed and sent to the Senate.

The Bill to direct Sheriffs in levying Executions and the disposal of lands, goods and chattels, taken thereon, was read the first time, passed and sent to the Senate.

The Bill to ascertain the number of white and black inhabitants & the citizens of every age, sex and condition in this State, was read the first time, passed and sent to the Senate.

On motion, Resolved, That Mr. Montfort have leave to absent himself from the service of this House after Friday next.

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The Bill for establishing a town on the lands of Jacob Johnston was read the first time, passed and sent to the Senate.

The Bill for extending the dividing line between the Counties of Hyde and Tyrrell was read the first time, passed and sent to the Senate.

The Bill to exempt Messeurs Bridgen and Waller, merchants in London, from all penalties and forfeitures by means of the confiscation acts, was read the first time, passed and sent to the Senate.

The Bill to secure the property of Elizabeth Bonner in the hands of a Trustee, was read the first time, passed and sent to the Senate.

The Bill for laying a Tax in the Town of Wilmington for the better Government thereof, and for the election of Commissioners for the succeeding year, was read the first time, passed and sent to the Senate.

The Bill for the more ready and effectual execution of process issuing from the several Courts of Law and Equity in cases where the Sheriff or Coroner may be resisted or threatened, and the power of the County should be found insufficient for the purpose, was read the first time, passed and sent to the Senate.

Whereas, during the late war much of the property of persons who had joined the Enemy was sold by Military orders, and Bonds taken for the same payable to the public, which obligations are now lodged with the Justices of the County Courts and other officers.

Resolved, That the Bonds and other obligations taken for the property sold under Military orders of those who remained with or died in the Enemy’s service shall be delivered to His Excellency the Governor, for the time being, who shall report to the next General Assembly an account thereof, and as soon as possible deliver the bonds or obligations aforesaid to the Treasurer or Treasurers who are hereby directed to bring suit thereon.

Resolved also, That the obligations taken for the property sold as aforesaid, of persons who are permitted to remain in this State or become Citizens thereof shall be delivered to the respective persons or their legal representatives, whose property was sold for such bonds or obligations.

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

Mr. Bryan presented the account of William Borden, which being

-------------------- page 773 --------------------
read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

An 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, passed and sent to the Senate.

The Bill to suspend an act of the last General Assembly intitled “an Act 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,” was read the second time, amended, passed and sent to the Senate.

On the question shall this Bill pass or not, the yeas and nays were required by Mr. Maclaine which are as follows, vizt.:

Yeas—Messrs. White, Bonds, S. Reddick, J. Paine, Dodd, Kendall, T. Bloodworth, Mebane, Macon, J. Bloodworth, Yates, Martin, Hamilton, Alford, Moore, Clay, Dejarnett, Tignall Jones, Leak, Robins, A. Hill, Sharpe, Kerr, Robeson, Person, Humphries, D. Hall, Nash, Seals, Cox, Franklin, Herndon, Lewis, Yancey, Phifer, Wilson, Sherrod, Rand, Davie, Sloan, McKissick, R. Singleton, Withrow, Dixon, Mackay and Avery.—46.

Nays—Messrs. Payne, Bryan, Clem Hall, J. Reddick, Ashe, Lytle, Randal, Hay, Eborn, Moye, Dolvin, Diggs, R. Riddick, Alderson, Maclaine, Blount, Brickell, Jordan, Mayo, Stone, Outlaw, Ross and McCullock.—23.

Received from the Senate the following Bills, vizt.:

An additional 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 Bill to secure the property of Elizabeth Bonner.

A Bill for establishing a town on the lands of Jacob Johnston.

A Bill for altering the Oath of Allegiance, &c.

A Bill to extend the navigation of Cape Fear River.

A Bill to explain, amend and supply the deficiencies of an act passed last Assembly at Hillsborough intitled “an Act to regulate the descent of real Estates, &c.”

A Bill to impower the County Court of Wayne to lay a tax annually, &c.

A Bill for extending the line between the Counties of Burke and Rutherford.

A Bill for establishing the town of Morgan, &c.

-------------------- page 774 --------------------

A Bill to alter the time of holding the several County Courts of Pleas and Quarter Sessions therein mentioned.

A Bill for the better regulation of the Town of Tarborough.

A Bill to ascertain the number of white and black inhabitants, &c.

A Bill to direct Sheriffs in levying executions, &c.

A Bill for extending the dividing line between the Counties of Hyde, Beaufort and Tyrrell.

A Bill for erecting and establishing a Town in the County of Lincoln. Endorsed, read the first time and passed.

Received from the Senate a Message of this day from his Excellency the Governor; The Petition of John Haley; the resignation of James Sampson; the Instructions given by Major Mountflorence to the County Commissioners, &c.; The Petition of William King. Endorsed, referred as by the House of Commons.

Received also the Resolve of this House appointing John Bonds second Major of Nash County, concurred with.

Mr. Payne, from the joint balloting for a Governor, and the place for holding the next Assembly at,

Reported, that Richard Caswell, Esquire, was elected Governor by a majority of the votes of both Houses of the General Assembly.

That no place in nomination for the meeting of the next Assembly had a majority of votes.

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 next Assembly shall be held.

Ordered that a Message be sent to the Senate informing them that this House agree to ballot as by them proposed.

Mr. Payne, from the joint balloting for the place at which the next Assembly shall be held, Reported that New Bern had a majority of votes for holding the next Assembly at.

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


Wednesday, 10 November, 1784.

The House met according to adjournment.

Resolved, That Mr. Hill, Mr. R. Riddick and Mr. Brickell have leave to absent themselves from the service of this House.

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Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We approve of the amendments by you made in the report of the Committee to whom were referred the address from his Excellency the Governor, &c.

At the same time received the report above referred to, which being read, was concurred with and returned to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

It is not the sense of this House that the report of the Committee appointed to make an estimate, &c., should be amended.

At the same time received the report above referred to, whereupon,

Resolved, That the report of the Committee appointed to consider and make an estimate of the necessary expences of Government for the year 1785, and also the taxes for defraying and paying the same, be printed with the Acts of this Assembly for the information of the public.

Ordered that the above resolve be sent to the Senate.

Received from the Senate the account of Thomas Scurlock. Endorsed, read and referred to the Committee of Propositions and Grievances, which being read, was concurred with and returned.

Whereas, Monsieur Haryon, of the Town of New Bern, has been reported in high contempt of the General Assembly by a member thereof and has been guilty of an offence of a criminal nature on the morning of this day; therefore,

Resolved, That Peter Gooding be and he is hereby appointed Sergeant-at-Arms to this House for the particular purpose of apprehending the said Haryon, and he is hereby commanded to apprehend him and bring him before this House, to be examined concerning the contempt aforesaid.

Read the Petition of Isaac Reed, Moses Griffin and Benjamin Clash, whereupon,

Resolved, That the Treasurers, or either of them, pay to Isaac Reed, Moses Griffin, and Benjamin Clash, three soldiers wounded at the battle of Alamance, the sum of ten pounds each which sum shall be allowed them in the settlement of their public accounts. Ordered that this Resolve be sent to the Senate.

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The Serjeant-at-arms returned to the House the warrant to him directed commanding him to apprehend Monsieur Haryon, executed, whereupon, Monsieur Haryon appeared at the bar of this House, and after making his defence was permitted to withdraw himself and to be and remain in custody of the Serjeant-at-Arms to give his further attendance on the House on notice for that purpose.

Ordered that a warrant issue from this House directed to Peter Gooding, Serjeant-at-Arms, to apprehend Edward Clay, a member of this House, who stands charged with a criminal accusation and has absented himself without leave.

Resolved, That this House do concur with the report of Mr. Payne of yesterday, from the joint balloting for the place at which the next Assembly shall be held.

The Bill to impower the Courts 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, was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of David Miller. Endorsed, read and referred to Mr. McDowell, Mr. Lenoir & Mr. Mooring on the part of the Senate; which being read, was referred to Mr. J. Payne, Mr. Phifer, Mr. Hay, and Mr. McKissick on the part of this House, and returned to the Senate.

Received also the Petition of John McKoy. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read was referred as by the Senate and returned.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We send you herewith the report of the Committee of Propositions and Grievances, which we concur with in every respect, except that part thereof which is relative to Col. Cogdell, which we reject, and except likewise the part which is relative to the claim of Mr. Yancey. We think his account too high and are of opinion that four pounds be deducted from it.

At the same time received the reports referred to in the above message, which being read,

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Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We have received the reports of the Committee of Propositions and Grievances, together with your message respecting the same. We propose that the words per annum mentioned in the report respecting John Swanie be erased, that the case of Mr. Cogdell be recommitted, and that the Committee be directed to report specially what particular sum he ought to be allowed, as we conceive it equitable that he ought at least be allowed something. We propose also that the report in favour of Mr. Yancey be concurred with without any deduction from his claim, and that Mr. McClure’s claims and the report upon them be laid over for consideration. Should you approve of these propositions we will concur with the reports so far as these propositions do not hold forth a noncurrence, except also the report in favour of John Geddy, which we propose shall lie over for further information.

Mr. Wilson presented the Petition of Major Thomas Harris, which being read, was referred to a joint Committee; the members chosen on the part of this House, are Mr. Sharpe, Mr. Macon and Mr. Bryan.

Ordered that the said Petition be sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill for levying a tax for the support of Government for the year 1785, and for the redemption of old paper currency, specie and other Certificates.

A Bill to appoint Commissioners to value a Bridge built by William Hall, &c.

A Bill to repeal an Act of the last General Assembly intitled “an Act 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, read the first time and passed.

Monsieur Haryon being notified to attend the House, thereupon appeared at the bar, whereupon the Serjeant-at arms made return of the summons by which he was required to summon a Mr. Branton and Monsieur Martin of the town of New Bern, as Witnesses against Edward Clay on a charge of a criminal nature, executed; at the same time made return of the warrant issued for the appointing of

-------------------- page 778 --------------------
Edward Clay, that Mr. Clay was in the House; whereupon, on motion, resolved, That the House resolve itself into a Committee of the whole House to take into consideration the contempt of Monsieur Haryon. The House resolved itself into a Committee of the whole House accordingly, and chose Thomas Person Chairman, and after sometime spent therein Mr. Speaker resumed the Chair, and Mr. Chairman reported: That the Committee had examined the Witnesses touching the matter referred to them and are of opinion that Mr. Haryon has sufficiently exculpated himself from the contempt alleged against him and are of opinion he ought to be discharged.

The House taking the said report into consideration concurred therewith.

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


Thursday, 11 November, 1784.

The House met according to adjournment.

Recd. from the Senate the Acct. of William Borden. Endorsed, read and referred as by the Commons.

Received also the Petition of William Boritz, &c., and the Petition of Young Birt. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, were referred as by the Senate.

The resignation of Henry Montfort, as Commissioner for purchasing a quantity of Tobacco of William Boritz, &c., and the resignation of Robert King as a Justice of the Peace for Rowan County, were read, accepted of and sent to the Senate.

Received from the Senate the resignation of John Warrington as a Justice of the Peace for Tyrrell County; which being read, was accepted of by this House and returned.

Received also the resolve in favour of Wm. Moore & P. Thomas. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, was referred as by the Senate, and,

Received likewise, the representation of William Boritz. Endorsed, read and referred on the part of this House, to General Jones, Mr. Hill, and Mr. Gallaway; which being read, was referred on the part of this House to Mr. Singleton, Mr. Stone, Mr. Ashe and Mr. Blount.

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Received from the Senate a Bill to impower the County Courts of Pleas and Quarter Sessions of the several Counties in this State to order the laying out public roads, &c. Endorsed, read the first time and passed.

Mr. Person, from the Committee to whom was referred the address from his Excellency the Governor, inclosing sundry papers in support of the claim of Patrick Cleary, &c., delivered in a report, which being amended to read as follows, was concurred with, vizt.:

That it appears to your Committee the Petitioner, Patrick Cleary, has (in their opinion) supported the allegations set forth in his Petition, and is in justice and good faith intitled to relief.

It further appears to your Committee that of the personal estate late the property of Timothy Cleary, otherwise Clear, there was sold by the Commissioners of confiscated property on the 10th of March, 1780, to the amount £64,655 6 0 including £1,601 6 0, paid by Mr. James Coor, Administrator to the Commissioners, &c., reduced agreeable to the Scale of Depreciation at forty for one, amounts to
£1,616 07 06
Also the amount of £59,810 of the real estate sold on the 11th of March, 1780, one half for ready money then at forty for one,and the other half payable in six months expiring in September, then 125 for one makes in the whole
£986 14 00
And also the amount of £184 01 04 Specie for rents previous to the sale of the Estate of said Timothy Cleary, settled for by Mr. James Coor, Administrator, with the Comptroller 26th October, 1782
£184 01 04
£2,787 02 10

Resolved, in the opinion of this Committee, a grant should issue from the Assembly in usual form for the said amount with interest from the present date until paid, first deducting therefrom fifteen thousand pounds paid to a certain James Kennady pretended heir to Timothy Clear, which by the scale of depreciation amounts to £375; also the sum of £986 14, the amount sales of said Timothy Clear’s real Estate when reduced by the scale.

Resolved, In the opinion of this Committee, that for any other property late the property of Timothy Cleary undisposed of by the

-------------------- page 780 --------------------
Commissioners of confiscated property, whether real or personal, that the disqualifications of the Petitioners should be removed to sue for and recover the same. All which is submitted.

THOS. PERSON, Ch.

Ordered to be sent to the Senate for concurrence.

The Bill to remove all disabilities from Simon Cleary, and others therein named, was read the first time, passed and sent to the Senate.

The Bill directing the duty of Naval Officers, and of all masters of vessels coming into any of the ports orInlets in this State, was read the first time, passed and sent to the Senate.

The Bill to establish the principal streets and squares of Fayetteville as laid down in a plan of the said town by Commissioners appointed by an act passed at Hillsborough the eighteenth day of April, in the seventh year of the Independence of this State, intitled “an Act for appointing the several persons therein named to lay out the Streets in upper Campbelton in Cumberland County, and for the future regulation of the said Town & giving a further time for saving lotts in the lower town and for altering the name of Campbelton to Fayetteville,” was read the first time, passed and sent to the Senate.

The Bill for ascertaining and fixing the time when Acts of the General Assembly of this State shall commence to be in force & have effect, was read the first time, passed and sent to the Senate.

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

The Bill to alter the place of holding the annual Elections for members of General Assembly in and for the County of New Hanover, was read the first time, passed and sent to the Senate.

The Bill to vest the title of a certain lot therein mentioned in William Courtney, Esquire, his heirs and assigns, was read the first time, passed and sent to the Senate.

The Bill to prevent the issuing of Grants for lands on the Western Waters to such as have paid for the entry thereof in counterfeit certificates and until the surveyor’s fees shall be paid, was read the first time, passed and sent to the Senate.

The Bill for altering the name of Jesse Hay to Jesse Spaight, was read the first time, passed and sent to the Senate.

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The Bill to limit the time of the continuance of the several Boards of Auditors in this State and of the Board for settling and liquidating the Accounts of the Continental officers and soldiers to a certain period, & to impower the Treasurers to pay out of the Tax for the year 1784, the money which they were to have paid agreeable to an Act of Assembly passed in Hillsborough in June last, was read the first time, passed and sent to the Senate.

The Bill for levying a tax in the County of Beaufort for the purpose of repairing the public building thereof and appointing Commissioners to contract and agree for that purpose, was read the first time, passed and sent to the Senate.

The Bill for establishing a University in this State, was read the first time, passed and sent to the Senate.

The Bill for appointing County Commissioners for taking affidavits in causes of Law and Equity, was read the first time, passed and sent to the Senate.

The Bill to establish in the towns of Edenton, New Bern and Wilmington, Courts for the speedy decision of Mercantile transactions with Foreigners and Transient persons and of Maritime affairs, was read the first time, passed and sent to the Senate.

The Bill to impower the Commissioners of Ports Bath, Beaufort and Roanoke, to remove Pilots who refuse to take branches off the public ground on Ocracoke Island and to empower said Commissioners to employ other persons to act as Pilots at Ocracoke, was read the first time, passed and sent to the Senate.

The Bill to amend an Act passed at the last General Assembly intitled “an Act for altering the time for holding Annual Elections and Annual Assemblys and directing the manner of Electing Annnual Officers for the succeeding year,” was read the first time, passed and sent to the Senate.

The Bill to alter the place for holding the County Court of Beaufort County from Bath to the Town of Washington in said County, was read the first time, passed and sent to the Senate.

The Bill for removing the public buildings of Mecklenburg County from Charlotte to the Centre of said County, and for appointing Commissioners to find said Centre and to superintend the erecting a Court House, Prison & Stocks, as near said centre as convenience will permit, and altering the mode of annual elections in said

-------------------- page 782 --------------------
County, was read the first time, passed and sent to the Senate.

The Bill concerning the Entry Officer of Claims of lands in the County of Rutherford, was read the first time and rejected.

Received from the Senate the following Bills, vizt.:

A Bill to remove all disabilities from Simon Cleary and others, &c.

A Bill to establish the principal streets and squares of Fayetteville as laid down in a plan of the said town, &c. Endorsed, read the first time and passed.

Mr. Bloodworth presented a letter from Sampson Moseley, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Alford presented the Petition of William Shaw, which being read, was referred to the Committee of Propositions and Grievances & sent to the Senate.

Mr. Bloodworth presented the account of Dr. Blythe, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Received from the Senate the Petition of Major Thomas Harris. Endorsed, read and referred to Mr. John Armstrong & Mr. Ramsey.

Received from the Senate a Resolve for suspending, until the end of the next Session of Assembly, the Judgment entered up by the Treasurer of New Bern District against Robert Simms, Sheriff of Wayne County, which being read, was concurred with and returned.

Received also, a resolve allowing Joseph Singletary Twenty-four pounds, &c., which being read, was concurred with and returned.

And received also, the report of the Committee appointed to receive and burn old dollar bills in the hands of the different Treasurers, which being read, was concurred with and returned.

Resolved, That this House will proceed to make an inquiry into the charges exhibited against Mr. Edward Clay at four o’clock this evening.

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

Met according to adjournment.

The order of the day for proceeding on an inquiry into the charges exhibited against Mr. Edward Clay being called for and read, Resolved, That the House resolve itself into a Committee of the whole House to make the enquiry aforesaid. The House resolved itself into a Committee of the whole House accordingly, and chose Mr.

-------------------- page 783 --------------------
Person Chairman and after some time spent therein, Mr. Speaker resumed the Chair and Mr. Chairman Reported the Resolutions of the Committee to the House, which is as follows:

Your Committee after hearing the Testimony of the witnesses which were introduced to support the charge exhibited against Mr. Edward Clay, as well as of those in his vindication, upon the whole are of opinion that he ought to be expelled from this House, and that the whole of the testimony, both for and against Mr. Clay, preceding the report of the Committee be entered on the Journal of the House.

T. PERSON, Ch.

The foregoing report being read the House concurred therewith.

The testimony mentioned in the foregoing report is to the effect following:

Mr. Hunley being sworn:

I went to Mr. Haryon’s just before dinner, Haryon said nearly what he has related before, the money lay he said upon the shelf, I make excuse for the party accused having taken up the money, I said any man might take up money in this manner without thinking any harm.

Question by the Committee—What Kind of a man is Haryon?

Answer—As to my knowledge I know nothing of him, he bears a bad character.

Question—Did you ask whether he thought Clay meant to steal the money?

Answer—I did. He answered I cannot say he did, I would not have mentioned it had it not been for the stir made.

Question—Did you ever hear that Haryon left money on the counties to entrap Clay?

Answer—I never did, but his conduct while I was there seemed as if he did.

Mr. Willoughby King being sworn:

I went last night to Mr. Purse’s, there was Mr. Johnston and Mr. Martin talking on the subject of yesterday’s examination into the contempt alleged to have been committed by Mr. Haryon; Martin, who had been sworn on that enquiry, said this is not my book. I have not been used to swear this way but I have told the truth.

Question by Committee—Are you acquainted with Mr. Martin?

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Answer—I am not.

Question—Can he see five steps?

Answer—I have heard he cannot.

Mr. Hunley again: I know Mr. Martin is very near sighted, within ten days I came passenger with him from New York, when he reads he holds the book within this distance (holding his hand very near his eyes).

Question—What character does he bear?

Answer—I never heard anything against his character. I have known him nine or ten months.

Question—Do you not believe him to be a man of veracity and honor?

Answer—I have understood he is.

Mr. Tisdale being sworn:

Mr. Haryon is an industrious man, there have been a very great quarrel between him and Mr. Laney (here it is to be noted that Mr. Laney was sent for to give testimony). I have seldom known quarrels rise so high. Mr. Haryon is very attentive to his business. A Mr. Belcher from Virginia dined with me some time ago, he told me he had met with an acquaintance here, Mr. Haryon. He said Mr. Haryon had lived at Cabin Point and said he, he is a very honest man. As for myself I never heard Mr. Haryon’s character aspersed by any man except Mr. Laney. Mr. Laney is a Jew. I think Mr. Laney would be an improper witness here. I am confident he is prejudiced against Mr. Haryon; Mr. Haryon bears the best character of the two. I think I have heard Laney accuse him of theft among other things.

Mr. Haryon being sworn:

Yesterday morning a Gentleman came to my store. I did not know his name. He asked the price of coffee and put his naked hand on the Counter on the money lying on the Counter, he then drawed his hand up with the money in it; I then took hold of his hand opened it and took the money from him. I shewed him to Mr. Martin and told him I thought he was an Assembly man. I ordered him out of the store upon which he went off.

Question—Do you think he meant to steal the money?

Answer—The putting his hand in his glove with the money in it as he did, his silence and the shame he discovered, are arguments

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to me that his intention was thievish. I do not know that he meant to go away with it. He had in his hand, his glove being half on, the money between that and his hand; he had not gone away from the counter before I demanded it of him; he had the money in his hand about two minutes before I took it away. When I told him to be gone he said not a single word. When I demanded the money of him he said it is yours. Mr. Clay then asked him a question; he answered, but you endeavored to get your hand in the glove with the money in it.

Mr. Laney, a Jew, was sworn:

Question—What is the character of Mr. Haryon?

Answer—I have been acquainted with him from about six months after I came to America. I was in partnership with him two years.

Question—Did he cheat you?

Answer—He did.

Question—Do you think him a rogue?

Answer—Certainly, I can prove it. I have been acquainted with him over since the year 1760.

Question—Will he tell the truth?

Answer—I think a man who is a rogue in one thing is a rogue in everthing.

Question—Did you ever hear any man speak ill of Haryon?

Answer—I have not heard good or bad. I never made inquiry

Question—Did you ever hear his customers say he was a rogue?

Answer—I transacted all the business myself when in partnership with him.

Question—Have you reason to believe he would swear falsely?

Answer—I cannot tell?

Question—Do you not think if he was called in to give your character he would give as bad a one of you as you do of him?

Answer—I do not know.

Mr. Michael Payne being sworn:

I have frequently seen Haryon at Edenton during the War. I have known him to purchase goods there. I have always heard he paid for his goods punctually and that he was an honest man.

Mr. Clement Hall being sworn:

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I have seen Mr. Haryon frequently at Edenton. I never heard any ill of him. I looked upon him always to be an honest man.

Mr. Bryan:

Mr. Haryon I believe is an honest man with respect to dealings, in other respects I think his character is what I gave of him last night.

Mr. Martin being sworn:

I was yesterday in Mr. Haryon’s store, there was Mr. Clay. He Mr. Haryon, desired me in French to take notice the man was stealing. I turned my head. I saw him endeavoring to get a piece of paper between his glove and his hand at the same time he asked the price of some article, he turned from the counter and Mr. Haryon then said, if you will not purchase any thing give me my money; he delivered it without saying a word and went off. The glove he was endeavoring to get on was the left hand glove.

Question—Did you believe he meant to steal the money?

Answer—If I had known him to be a man of bad character I should have believed it, if otherwise not at the first, not knowing him I believed he did mean to steal.

Question—Did he try to hide the money?

Answer—He appeared to be endeavoring to get on his glove, and the money was in his hand. He was gone about one step from the counter when the money was taken away from him.

Question—Do you know that to be the man, (pointing to Mr. Clay).

Answer—To the best of my knowledge that is the man.

Question—Was you assaulted last night or struck by any one after you departed from this place where you gave testimony, and was Mr. Clay one of them?

Answer—Mr. Clay did, he seized my cane and gave me two or three strokes, he said I had given testimony against him, there were five persons in company.

Question—How do you know Mr. Clay was one of them?

Answer—I saw him by candle light, I was in a room where I lodged about half after nine.

Mr. Kendall being sworn:

Question—What passed yesterday morning between you and Mr. Clay on this subject?

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Answer—When it was first reported in the House that there had been money stolen by a member Mr. Clay said to me I suppose it is me that is meant. I went to the store of Haryon and took some money lying on the Counter in my hand. I had however no intent to steal it. Mr. Bond immediately afterwards asked Clay if he was the man meant; Mr. Clay answered. No. Mr. Bond asked him was you not in the store? He answered no, at the same time Mr. Clay hunched my knee and asked me to go out with him. I refused. He went out and soon after returned and then acknowledged what he had before confessed to me. This happened after the enquiry “who it could be that was meant?” became general thro’ the House. He called upon his maker to damn him if he meant to steal the money.

Mr. Dejarnatt being sworn:

Question by the Committee—What do you know of the general character of Mr. Clay?

Answer—He lived my neighbour in Virginia ten years, he always bore a good character, I never heard the least little of his pilfering or stealing before.

Mr. Moore being sworn:

I have known Mr. Clay six years, I never heard the least little during that time of his being a dishonest man. He was elected by a large majority of his County men; he met with opposition in his election and in that affair I never heard anything alleged by any one to his disadvantage. He is possessed of an independent fortune.

Received from the Senate the report of the Committee on the Claim of Patrick Cleary and the resolve of this House in favour of Hopkins Wilder. Endorsed, read and concurred with. Received also the resignation of Henry Montfort as Commissioner, &c., and the resignation of Robert King. Endorsed, read and accepted.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

It is agreed by this House that the report of the Committee of Propositions and Grievances relative to John Swanie be amended as by you proposed. We likewise concur in your proposition relative to the recommitment of the report of Mr. Cogdell’s Petition; but do not agree to your proposition in regard to the report relative to

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the Claim of Mr. Thornton Yancey, but are of opinion that it be recommitted. We agree with you as to Mr. McClure’s accounts, but think it unjust that a concurrence with the report in favour of Mr. Geddy should be declined.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

The Commons agree to recommit the report of the Committee of Propositions and Grievances on the account of Mr. Yancey as by you proposed, and concur with the report in favour of Mr. John Geddy.

Received from the Senate the Claim of Osborne Jeffreys. Endorsed, read and referred to the Committee of Propositions and Grievances, which being read, was referred as by the Senate and returned.

The Bill to amend an act of Assembly passed at Hillsborough in April, 1784, intitled “an Act for laying certain duties on all foreign Merchandize imported into this State in aid of the public finances, & directing the mode of collecting the same,” and also to amend one other act passed in the same year intitled “an Act to prevent the exportation of unmerchantable commodities,” and also to amend one other act of Assembly passed in May, 1783, entitled “an Act for facilitating the navigation & regulating the pilotage of the several ports of this State,” was read the first time, passed and sent to the Senate.

The Bill directing the mode of proceeding against the real Estates of deceased debtors, where the personal estate is insufficient for the payment of the debts, was read the first time, passed and sent to the Senate.

The Bill for levying a tax for the support of Government, and for the redemption of Continental money, old paper currency, Specie, and other certificates, was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill for removing the public buildings of Mecklenburg County, &c.

A Bill to prevent the issuing of grants for lands on the Western Waters, &c.

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A Bill to limit the time of the continuance of the several Boards of Auditors, &c. Endorsed, read the first time and passed.

The Bill to regulate and ascertain the several officers’ fees therein mentioned, and directing the mode of licensing Attornies in this State, was read the first time, passed and sent to the Senate.

The Bill for obtaining an accurate account of the Militia service during the late War, in order that the claims of this State upon the United States may be ascertained, was read the first time, passed and sent to the Senate.

The Bill declaring the currency certificates issued by the State officers, and the certificates issued by the Comptroller General previous to the seventeenth day of May, 1783, and all other certificates granted under the sanction of any law of this State, reduced by the scale of depreciation at the times they were granted, of the same value with specie certificates and to carry the same interest and to be received in the same payments, was read the first time, passed and sent to the Senate.

The Bill to prevent persons holding offices of profit from enjoying seats in the General Assembly, was read the first time, passed and sent to the Senate.

The Bill for raising a public revenue for the support of Government was read the first time, passed and sent to the Senate.

On motion, Resolved, That Mr. John Haywood have leave to absent himself from the service of this House after this day, he first providing some person to supply his place as assistant Clerk.

The Bill to amend an act intitled “an Act for altering the time of holding the annual elections and annual Assemblies and directing the manner of electing annual officers for the suceeding year,” was read the first time, passed and sent to the Senate.

On motion, Resolved, That Mr. Mebane have leave to absent himself from the service of this House after Tuesday next.

The Bill for appointing Commissioners to extend the boundary line between this State and South Carolina was read the first time, passed and sent to the Senate.

The Bill to amend an Act entitled “an Act for dividing the County of Cumberland passed at Hillsborough last General Assembly and to confirm the proceedings of the justices of Moore County and to alter the time of holding the Courts in the said County,” was read the first time, passed and sent to the Senate.

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The Bill to amend an act intitled “an Act to prevent the exportation of unmerchantable commodities passed at Hillsborough, April, 1784,” was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills, vizt.:

A Bill for dividing the District of Morgan, &c.

A Bill to impower the Commissioners of Ports Bath, Beaufort and Roanoke to remove Pilots who refuse to take branches, &c.

A Bill for appointing County Commissioners for taking affidavits, &c.

A Bill for establishing in the towns of New Bern & Wilmington Courts for the speedy decision of Mercantile Transactions with Foreigners, &c.

A Bill to amend an Act passed at the last General Assembly entitled “an Act for altering the time for holding the annual Elections, &c.” Endorsed, read the first time and passed.

Received also, a Bill for ascertaining and fixing the time when acts of the General Assembly of this State shall commence to be in force and have effect. Endorsed, read the second time and passed.

Received from the Senate the Petition of William Shaw, the Account of Doctor Blythe, and the letter from Sampson Moseley. Respectively endorsed, read and referred as by the Commons.

The Bill for regulating the inspection of Tobacco and preventing frauds, was read the first time, passed and sent to the Senate.

The Bill to establish a public school in the County of Duplin was read the first time, passed and sent to the Senate.

On motion, Resolved, That Mr. Ferebee have leave to absent himself from the service of this House after Sunday next.

The Bill to amend an act passed at the last session of the General Assembly intitled “an Act for the relief of such persons as have been disabled by wounds, or rendered incapable of procuring for themselves and families subsistence 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 Bill to repeal an act intitled “an Act 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 and vendue masters,” was read the first time, passed and sent to the Senate.

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The Bill for levying a tax in the Counties of Hillsborough District for the repairs of the District Buildings in the town of Hillsborough was read the first time, passed and sent to the Senate.

The Bill to amend an act for dividing Duplin County, was read the first time, passed and sent to the Senate.

The Bill to authorize and impower the Governor, or Commander-in-Chief for the time being, to issue a Proclamation requiring certain offenders therein mentioned to surrender themselves within a limited time, and in case of failure offering a reward to any person, or persons, who shall apprehend and bring to justice such offenders, was read the first time, passed and sent to the Senate.

The Bill to ascertain the titles to certain lands therein mentioned, was read the first time, passed and sent to the Senate.

The Bill to restore to their privileges persons therein described, was read the first time and rejected.

The Bill to enable Richard Smith to rebuild and keep in repair a bridge over the lake in the great Swamp in Bladen County, was read the first time and rejected.

The Bill to appoint Commissioners to value a Bridge built by William Hall, &c., was read the first time and rejected.

The Bill for opening the navigation of the No. West of New River, &c., was read the first time and rejected.

The Bill to appoint Commissioners to mark out a road from Franklin County, &c., was read the second time and rejected.

The Bill for impowering the County Courts of Franklin and Warren to levy a further tax on the Inhabitants of said Counties for defraying the expences of building the Court House, prison and stocks, was read the second time, passed and sent to the Senate.

Ordered that the Bill for opening and clearing the navigation of Tar River and Fishing Creek, &c., and the Bill to establish a road from Lemuel Forehand’s in Pasquotank County, to the Widow White’s, &c., be laid over until the next Assembly.

The Bill to amend an act intitled “an Act for establishing a Town in Jones County,” also one other act intitled “an Act for dividing Craven County into two distinct Counties and for other purposes therein mentioned,” was read the second time, passed and ordered to be engrossed.

The Bill for erecting and establishing a Town in the County of

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

The Bill for the better regulation of the Town of Tarborough was read the second time, amended, passed and sent to the Senate.

The Bill for empowering the Commissioners of public buildings in Bladen County to sell the public Lotts reserved for said buildings, to purchase others and build the Court House on the Street, if more eligible in their opinion, was read the first time, passed and sent to the Senate.

The Bill for repealing part of an act passed at New Bern in November, seventeen hundred and seventy-seven, intitled “an Act to ascertain and regulate the fees of the Clerks of the Superior and County Courts, Justices of the Peace and Attornies in this State, and directing the method of paying the same,” also part of an act passed at Halifax in January, 1779, also entitled “an Act to ascertain the fees of the Clerks of the Superior and County Courts, Justices of the Peace and Attornies in this State,” was read the first time, passed and sent to the Senate.

Received from his Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

I present you with two letters, one from the Chairman of the Committee of Congress, and the other one from our Delegates, which only came to hand this morning, the Information they contain may be necessary for your deliberations.

ALEX. MARTIN.

At the same time received the letters above referred to, which being read, were ordered to be sent to the Senate.

Received from the Senate the folllowing Bills, vizt.:

A Bill to amend an Act of Assembly passed at Hillsborough in April, 1784, intitled “an Act for levying certain duties on all foreign merchandize,” &c.

A Bill directing the mode of proceeding against the real Estates of Deceased Debtors, where the personal estate is insufficient for the payment of the debts.

A Bill for levying a tax for the support of Government, &c. Endorsed, read the second time, amended and passed.

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The resignation of Thomas Johnston as a Justice of the Peace for Onslow County, was read and accepted, and ordered to be sent to the Senate.

Whereas, information hath been given to this General Assembly that the Treasurers have in their possession a number of Bills of the late emission too much worn for further circulation,

Resolved, That they deliver the same to the Committee appointed to receive and burn the old Dollar Bills, who shall give them receipts to be allowed in the settlement of their accounts, that the Committee shall cause the said Bills to be burned and report to the General Assembly the amount thereof.

Ordered to be sent to the Senate for concurrence.

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


Saturday, 13 November, 1784.

The House met according to adjournment.

Mr. Sharpe, from the Committee to whom was referred the Memorial of Major Thomas Harris, reported as follows, vizt.:

It appears to your Committee that Major Thomas Harris hath rendered great services in the Militia of this State since the time he was obliged by indisposition to quit the Continental line. That on the 16th of August he was dangerously wounded of which he long languished and is not yet perfectly recovered, therefore propose the following resolutions:

That His Excellency the Governor, be authorized and impowered to issue a Warrant on the Treasurers, or either of them, in favour of Major Thomas Harris for the sum of one hundred pounds for which the Treasurer shall be allowed in the settlement of his Account. And that the Secretary of State make out in due form four Warrants in favour of Major Thomas Harris of one thousand acres of land each, within the district laid off and reserved for the officers and soldiers of the Continental line of this State, in full consideration of all his services and sufferings. All which is submitted.

WM. SHARPE, Ch.

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

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Read the representation of the Members of the General Assembly of Martin County.

Whereas, it hath been represented to this House by the members of the General Assembly for Martin County, that a certain John Higgins Jones of the said County has been guilty of malpractices in the execution of his office as a Justice of the Peace; therefore

Resolved, That the said John Higgins Jones be and he is hereby cited to attend on the next General Assembly to answer for his misconduct in office aforesaid, and in the meantime stand suspended until he shall exonerate himself from such charges.

Ordered that this Resolve be sent to the Senate for concurrence.

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

The Bill to repeal an Act of the last General Assembly intitled “an Act 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,” was read the second time, passed and sent to the Senate.

On the question shall this Bill pass or not, the yeas and nays were required by Mr. Person which are as follows, vizt.:

Yeas—Messrs. J. Riddick, Bonds, J. Paine, Dodd, Kendall, Mebane, Macon, Stewart, Hamilton, W. Moore, Dejarnatt, T. Jones, Boon, Leak, Robins, A. Hill, Reding, Sharpe, Kerr, Robeson, Person, Humphries, D. Hall, Cox, Franklin, Herndon, Lewis, Yancey, Phifer, Wilson, Sherrod, Rand, Davie, Sloan, McKissick, Outlaw, R. Singleton, Withrow, Mackay, and Alford.—40.

Nays—Messrs. M. Payne, T. Bloodworth, White, Bryan, Jones, Randal, Hay, Eborn, Moye, Dolvin, Diggs, S. Singleton, J. Bloodworth, Yates, Blount, Starkey, Reed, Brickell, Jordan, Mayo, stone, Ross, Dixon, McCullock and Clement Hall.—25.

Received from the Senate the following Bills, vizt.:

A Bill to amend an Act intitled “an Act for dividing the County of Cumberland,” &c.

A Bill to amend an Act entitled “an Act to prevent the exportation of unmerchantable commodities,” &c. Endorsed, read the first time and passed.

Received also a Bill to regulate and ascertain the several officers’ Fees therein mentioned.

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A Bill to amend an Act passed at the last session of the General Assembly intitled “an Act for the relief of such persons as have been disabled by wounds,” &c.

A Bill for levying a Tax in the Counties of Hillsborough District for the repairs of the District Buildings, &c.

A Bill to prevent persons holding offices of profit from enjoying seats in the General Assembly, &c.

A Bill for obtaining an accurate account of the Militia service during the late War, &c.

A Bill to amend an Act for dividing Duplin County. Endorsed, read the second time and passed.

Received also a Bill for raising a public revenue for the support of Government, &c. Endorsed, read the second time, amended and passed.

Received from the Senate the Resolve of this House directing the Treasurers to deliver certain monies therein mentioned to the Committee appointed to burn the old Dollar Bills, &c., concurred with.

Received from the Senate the Bill to amend an act intitled “an Act for altering the time of holding annual elections and annual Assemblies.” Endorsed, read the second time, amended and passed.

Resolved, That the Bill for the more regular collecting, payment of and accounting for the public taxes be committed to Mr. Hay and Mr. Sharpe for amendment, that they deliver in the same on Monday morning, when it shall be read for the second reading in this House.

On motion, Resolved, That Mr. Davie have leave to withdraw for amendment the Bill for levying a Tax for the payment of the Interest of the Certificates granted to Officers and Soldiers of the Continental line of this State, &c., and that he bring in the same on Monday next.

The Bill to adopt and recognize a Resolve of Congress of the 20th of February, 1782, respecting a Commissioner to be appointed for the settlement of the Accounts of the United States with this State among others, was read the second time, passed and sent to the Senate.

The Bill to impower the County Courts of Pleas and Quarter Session of the several Counties in this State, to order the laying out public roads, and to establish and settle ferries, and to appoint

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where bridges shall be built, and to Clear Inland Rivers and Creeks, was read the second time, amended, passed and sent to the Senate.

Received from the Senate the resignation of Thomas Johnston concurred with.

Received from the Senate the following Bills, vizt.:

A Bill for repealing part of an act passed at New Bern in November, 1777, intitled “an Act to ascertain & regulate the fees of the Clerks of the Superior & County Courts, &c.

A Bill for impowering the Commissioners of public buildings in Bladen County, &c.

A Bill to authorize and impower the Governor and Commander-in-Chief for the time being, to issue a Proclamation requiring certain offenders therein mentioned to surrender themselves, &c. Endorsed, read the second time and passed.

The Bill for establishing a Town on the lands of Joseph Johnston in the County of Craven, was read the second time, amended, passed and sent to the Senate.

The Bill to establish the principal streets and squares of Fayetteville, as laid down in a plan of the said town by Commissioners appointed by an act passed at Hillsborough, the Eighteenth day of April, in the seventh year of the Independence of this State, intitled “an Act for appointing the several persons therein named to lay out the streets in upper Campbelton in Cumberland County, and for the future regulation of the said Town and giving a further time for saving Lotts in the lower Town & for altering the name of Campbelton to Fayetteville,” was read the second time, passed and sent to the Senate.

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

The Bill to relieve James Underwood and Job Ward from the forfeiture of a recognizance entered into for the appearance of a certain Daniel Campbell before the Superior Court of Hillsborough District, and from a judgment given upon the said forfeiture, was read the second time, passed and sent to the Senate.

The Bill for allowing Salaries to the succeeding officers of State, and repealing so much of an act entitled “an Act for allowing Salaries to the Governor, Secretary and other officers of State and other purposes,” as comes within the purview of this Act, was read

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the second time, amended, passed and ordeed to be Engossed.

The House adjourned till Monday morning 9 o’clock.


Monday, 15 November, 1784.

The House met according to adjournment.

The Sheriff of Chowan County certified that Mr. Stephen Cabarrus was duly elected a member of the General Assembly to represent the Town of Edenton in this House, whereupon the said Mr. Cabarrus appeared, was qualified and took his seat.

The Bill to alter the time of holding the several County Courts of Pleas and Quarter Sessions therein mentioned, was read the second time, passed and sent to the Senate.

The Bill to ascertain the number of white and black Inhabitants, and the citizens of every age, sex and condition, in this State, was read the second time, amended, passed and sent to the Senate.

The Sheriff of Duplin County certified that Thomas Gray was duly elected a member of the General Assembly to represent the said County in this House, whereupon Mr. Gray appeared, was qualified and took his seat.

The Sheriff of Brunswick certified that David Flowers and Jacob Leonard were duly elected as members of the General Assembly to represent the said County in this House, whereupon Mr. Flowers appeared, was qualified and took his seat.

An additional 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 and other purposes, passed at Hillsborough in the year 1783,” and an act intitled “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 and other purposes, and for repairing the Court House of the said District, passed at Hillsborough the last session of Assembly,” was read the second time, amended, passed and sent to the Senate.

Receive from the Senate the Petition of Edward Pearsall, and the Petition of William Moore. Each endorsed,read and referred to the Committee of Propositions and Grievances, which Petitions being read, were referred as by the Senate and returned.

Mr. Hay delivered in the Bill for the more regular collecting, payment of and accounting for the public taxes, which was read the second time, amended, passed and sent to the Senate.

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The Bill for the payment of Interest of the Certificates granted the Officers and Soldiers of the Continental line of this State, pursuant to an act passed in 1783, Intitled “an Act for the relief of the Officers and Soldiers of the Continental line, and for other purposes,” was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill declaring the Currency certificates issued by the State Auditors, and the certificates issued by the Comptroller General, previous to the 17th day of May, 1783, and by the State, reduced agreeable to any act directing the sale of confiscated all other certificates granted under the sanction of any law of this State, reduced agreeable to any act directing the sale of confiscated property passed at Hillsborough, 1782, to carry the same interest and to be received in the same payments of specie certificates. Endorsed, read the second time and passed.

Received from the Senate the resolve of this House citing John Higgins Jones to appear at the next Assembly, &c., and the report of the committee on the Petition of Major Thomas Harris, concurred with.

The Bill to describe and ascertain certain persons who owed allegiance to this State, and who joined and continued with the Enemy during the late War, and who ought not to be admitted as Citizens thereof and to impose certain disqualifications on certain persons therein described, was read the first time, passed and sent to the Senate.

On motion, Resolved, That Mr. Sherrod have leave to absent himself from the service of this House.

The Bill to prevent horse stealing, was read the first time, passed and sent to the Senate.

Ordered that the Bill to declare void and repeal such of the laws of this State, as from their tenor appear inconsistent with the Treaty of Peace between the United States and his Britannic Majesty, &c., be read the second time in this House to-morrow.

The Bill to extend the navigation of Cape Fear River, was read the second time and rejected.

Mr. Maclaine presented the Memorial of Andrew Bass, which was read and referred to the Committee of Propositions and Grievances, and sent to the Senate.

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The Bill for establishing a Militia in this State, was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to prevent Horse Stealing and a Bill to describe and ascertain such persons who owe allegiance to this State, and who joined and continued with the Enemy during the late War, &c. Endorsed, read the first time and passed.

The House resumed the consideration of the Bill for clearing and opening Tar River and Fishing Creek in the Counties of Pitt, Edgecombe and Halifax, which by a former order of this House was laid over until the next Session of Assembly, when the same was read for the second reading, passed and ordered to be engrossed.

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


Tuesday, 16 November, 1784.

The House met according to adjournment.

Mr. Sloan presented the account of William Graham, which being read, was referred to the Committee of Propositions and Grievances, and sent to the Senate.

On reading the Petition of John Fergus, Resolved, That Dr. John Fergus, a surgeon in the Indian War of 1761, under the command of the late Col. Hugh Waddle, of this State, be permitted to enter (on paying the fees of office only) in the District of Wilmington in which he lives, vacant land to the amount of the quantity allowed by the proclamation of the then King.

On reading the Petition and Memorial of William Bailey Smith, Resolved, That the said William Bailey Smith be allowed the sum of two hundred and forty three pounds, six shillings and eight pence for his services as one of the Commissioners for running and extending the boundary line between this State and Virginia, that the Treasurers, or either of them, pay him the same, for which the Treasurer paying the same shall be allowed.

Whereas, it hath been represented to this House by Durham Hall and John Macon, that Robert Norris a Justice of the Peace in the County of Franklin, has been guilty of malpractices to the disgrace of his Commission as Justice of the peace aforesaid; Therefore, Resolved, That he be cited to appear at the next Assembly then and there to answer for his misconduct aforesaid, and in the mean time be suspended from the execution of the office of a justice of the peace.

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Resolved, That Mr. McCullock be added to the Committee appointed to receive of the respective Treasurers the old Dollar Bills, &c.

The Bill to declare void and repeal such of the laws of this State as from their tenor appear inconsistent with the Treaty of Peace between the United States and his Brittanic Majesty and to relieve such of the Citizens of this State as might otherwise be injured by such declaration and repeal, was read the second time and rejected.

Mr. Maclaine from the Committee to whom was committed the Bill directing the sale of Confiscated property, delivered the same in at the Table, where it was read for the first reading, passed and sent to the Senate.

The Bill for levying a tax for the support of Government and for the redemption of Continental Money, old paper currency, specie and other certificates, was read the second time, amended, passed and ordered to be engrossed.

Mr. Avery moved for leave to enter his dissent against the passage of this Bill. Ordered that he have leave accordingly.

The Bill for raising a public revenue for the support of Government and to repeal an Act intitled “an Act to suppress excessive gaming,” was read the second time, amended, passed and Ordered to be engrossed.

The Bill for establishing the town of Morgan and to direct the building a Court House and Prison for the District of Morgan, was read the second time, passed and sent to the Senate.

The Bill to amend an act intitled “an Act to amend an Act for levying a tax on every hundred pounds value of taxable property in the District of New Bern for repairing the Gaol of the District,” was read the second time, passed and sent to the Senate.

Received from the Senate a Bill directing the sale of confiscated property. Endorsed, read the first time, amended and passed.

The Bill for repealing part of an act passed at New Bern in November, 1777, intitled “an Act to ascertain and regulate the fees of the Clerks of the Superior and County Courts, Justices of the Peace and Attornies in this State, and directing the method of paying the same,” also part of an act passed at Halifax in January, 1779, also intitled “an Act to ascertain the fees of the Clerks of the Superior and County Courts, Justices of the Peace and attornies in this

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State,” was read the second time, passed and ordered to be engrossed.

The Bill to amend an act passed at the last session of the General Assembly intitled “an Act for the relief of such persons as have been disabled by wounds or rendered incapable of procuring for themselves and families subsistence in the Militia service of this State and providing for the widows and orphans of such as have died,” was read the second time, passed and ordered to be engrossed.

The Bill to establish in the towns of Edenton, New Bern and Wilmington, Courts for the speedy decision of Mercantile Transactions with foreigners and transient persons and of maritime affairs, was read the second time, passed and sent to the Senate.

Received from the Senate the Memorial of Andrew Bass, and the Accts of William Graham. Endorsed, read and referred as by the House of Commons.

Received also the resolve of this House allowing William Bailey Smith a certain sum therein mentioned for his services as a Commissioner in extending the boundary line between this State and Virginia; The Resolve allowing Dr. John Fergus the lands agreeable to a certain Proclamation therein mentioned, and the resolve citing Robert Norris, a Justice of the Peace, to appear at the next Assembly, &c. Respectively endorsed, read and concurred with.

Received from the Senate a Resolve directing the Treasurer to pay to the holders of the Officers and Soldiers certificates one year’s Interest, &c., which being read, was concurred with and returned.

Mr. James Paine, from the Committee to whom was referred the Memorial of David Miller, delivered in a report which being read, was concurred with.

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


Wednesday, 17 November, 1784.

The House met according to adjournment.

On a motion for reconsidering the report of the Committee on the Petition of David Miller, Resolved, That the same be reconsidered. The said report being reconsidered, was recommitted.

Ordered that Mr. Sharpe and Mr. Blount be added to the Committee on the Petition of David Miller, and that Mr. Hay and Mr. Phifer be excused from any further attendance thereon.

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Resolved, That Mr. Butler have leave to absent himself from the service of this House during the continuance of this session.

A motion was made and seconded to amend the “Bill to regulate and ascertain the several officers’ fees therein mentioned,” by inserting a clause to authorize the several justices of the peace to demand and receive fees for the services therein by them to be done, which was objected to. On the question it was carried in the affirmative; whereupon Mr. Person moved for leave for the dissentients to enter their protest against the said clause. Ordered that they have leave accordingly.

The Bill to regulate and ascertain the several Officers’ fees therein mentioned, was read the second time, amended, passed and ordered to be engrossed.

Received from his Excellency the Governor, the following message:

To the Honourable the General Assembly: Gentlemen:

I beg leave to draw your attention to the claims and demands the Citizens of this State have for slaves taken, and damages sustained against persons acting under British authority in the late War, and the British Army while in the different districts of this State.

The papers herewith sent for your perusal will shew what endeavours are making use of in some of the States to obtain a compensation for losses of the like kind, and the encouragement that may be expected on the same.

A resolution of Congress on this subject some time ago came forward to the State, and was attempted to be carried into effect by the Executive but for want of Legislative assistance it fell through.

It may not be improper at this period, to take up this important business.

ALEX. MARTIN.

At the same time received the papers referred to in the above message, which being read, were ordered to be referred to a joint Committee, and Mr. Davie, Mr. Person and Mr. Sharpe appointed a Committee on the part of this House.

Ordered that the said Message and papers be sent to the Senate.

Ordered that the Bill to repeal an act intitled “an Act ceding

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to the Congress certain Western Lands therein described, &c., be read the third time in this House To-morrow morning.

The Bill to prevent the issuing of grants for Lands on the Western Waters to such as have paid for the entry thereof in Counterfeit Certificates, and until the Surveyors fees shall be paid, and making provision for those who have entered lands previously located by others, was read the second time, amended, passed and sent to the Senate.

The Bill for obtaining an accurate account of the Militia service during the late War, in order that the claims of this State upon the United States may be ascertained, was read the second time, amended, passed and ordered to be engrossed.

The Bill to amend an Act entitled “an Act 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, passed and ordered to be engrossed.

The Bill to prevent persons holding offices of profit from enjoying seats in the General Assembly, was read the second time, passed and ordered to be engrossed.

The Bill for impowering the Commissioners of public buildings in Bladen County, to sell the public lots reserved for said Buildings, to purchase others and build the Court House on the street if more eligible, in their opinion, was read the second time, passed and Ordered to be Engrossed.

Resolved, That each member of this House who shall be sent for by the Waiter after the hour to which the House was adjourned, shall pay to the waiter for attending him five shillings.

The Bill to amend an Act intitled “an Act to prevent the exportation of unmerchantable commodities passed at Hillsborough, April, 1784,” was read the second time, passed and sent to the Senate.

Resolved, That the Clerk be and he is hereby directed to hire a reading Clerk for the remaining part of the session.

Resolved, That a message be sent to the Senate informing them that this House is now ready to move in procession in order to attend the funeral of Colonel Isaac Sessums, late a member of this General Assembly.

Mr. Speaker and Gentlemen:

This House is now ready to move in procession in order to attend

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the funeral of Colonel Isaac Sessums, late a member of this General Assembly.

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


Thursday, 18 November, 1784.

The House met according to adjournment.

Received from the Senate the Petition of Thomas Davis. Endorsed, in Senate, November 19, 1784, read and referred to a joint Committee; the members chosen are Gen. Jones and Col. Long, which being read, was referred to Mr. Hay, Mr. Blount and Mr. Davie on the part of this House, and returned.

Received also a letter from Mr. Cist, of Philadelphia, addressed to Mr. Benjamin Hawkins. Endorsed, in Senate, read and referred to the Committee appointed to take under consideration Mr. Davie’s Petition, which being read was referred as by the Senate and returned.

The Bill to explain, amend and supply the deficiencies of an act passed last Assembly at Hillsborough, entitled, “an Act to regulate the descent of real estates, to do away entails, to make provision for widows, and to prevent frauds in the last Wills and Testaments, and for directing how deeds of gifts and bills of sales of slaves shall be executed, authenticated and perpetuated,” was read the second time, amended, passed and sent to the Senate.

Received from the Senate a Bill to repeal an act of the last General Assembly, 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, read the second time, passed and ordered to be engrossed; which was read the third time, amended, passed and sent to the Senate.

On the question shall this Bill pass or not pass, the yeas and nays were required by Mr. Payne which are as follows:

Yeas—Messrs. Tim. Bloodworth, Avery, White, Bonds, Kendall, Mebane, Martin, Stewart, Hamilton, Alford, W. Moore, Handley, Dejarnatt, T. Jones, Leak, Robins, A. Hill, Reading, Sharpe, Robeson, Person, Humphries, D. Hall, Cox, Franklin, Herndon, Lewis, Yancey, Phifer, Wilson, Rand, Davie, Sloan, McKissick, Outlaw, Withrow and Cabarrus.—37.

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Nays—Messrs. M. Payne, Bryan, C. Hall, B. Jones, Randall, Hay, Eborn, Moye, Diggs, Alderson, J. Bloodworth, Yates, Shepperd, Maclaine, Blount, Starkey, Jordan, Mayo, Stone, West, Ross and McCullock.—22.

Mr. Maclaine moved for leave for the dissentients to enter their protests against the passage of the said Bill. Ordered that they have leave accordingly.

The Bill for removing the public buildings of Mecklenburg County from Charlotte to the Centre of said County, and for appointing Commissioners to find said centre and to superintend the erecting a Court House, prison and Stocks as near said Centre as convenience will permit, and altering the mode of annual elections in said County, was read the second time, amended, passed and sent to the Senate.

The Bill directing the mode of proceeding against the real estates of Deceased Debtors, where the personal estate is insufficient for the payment of the debts, was read the second time, amended, passed and ordered to be engrossed.

The Bill to amend an Act of Assembly passed at Hillsborough in April, 1784, intitled “an Act for levying certain duties on all foreign merchandize imported in this State in aid of the public finances, and directing the mode of collecting the same;” and also one other act passed in the same year, intitled “an Act to prevent the exportation of unmerchantable commodities;” and also to amend one other act of Assembly passed in May, 1783, intitled “an Act for facilitating the navigation and regulating the pilotage of the several ports of this State,” was read the second time, amended, passed and ordered to be Engrossed.

Whereas, it has been represented to the General Assembly that Nathan Keais, Esquire, Collector of Impost for port Bath, from a misconstruction of the law of the last General Assembly imposing a duty on all foreign merchandize into this State, hath not received the impost on articles of the growth or manufacture of the United States.

Resolved, That he shall be credited for the sums which would have arisen as aforesaid, as error, and not be chargeable for such duties in the settlement of his accounts, for which this shall be the Comptrollers justification.

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Ordered that this Resolve be sent to the Senate for concurrence.

Resolved, That Mr. Cox have leave to absent himself from the service of this House during the session.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

We propose that the General Assembly ballot at four of the clock in the afternoon of Saturday, for a Council of State, Delegates to represent this State in Congress, to take place after the time expires for which the present Delegates are elected to serve, for a Comptroller and a Treasurer, and have appointed Mr. Payne and Mr. Wilson to superintend and conduct the balloting.

Received from the Senate a Resolve requesting His Excellency the Governor, to issue four Warrants on the Treasury in favour of John A. Campbell for the sum mentioned in a Resolve drawn on the Treasury in favour of James Spicer, which being read, was concurred with and returned.

Received also a message from His Excellency the Governor. Endorsed, read and referred to Genl. Jones and Mr. Hill.

The Bill for dividing the County of Guilford was read the second time and laid over until the next Assembly.

The Bill to amend an act entitled “an Act for dividing the County of Cumberland, passed at Hillsborough last General Assembly and to confirm the proceeding of the Justices of Moore County, and to alter the time of holding the Courts in said County,” was read the second time, amended, passed and sent to the Senate.

The Bill for extending the dividing line between the Counties of Hyde, Beaufort and Tyrrell, was read the second time, amended, passed and sent to the Senate.

Mr. Blount presented the Petition of a number of the Inhabitants of Pasquotank County against establishing the Court House of said County at Windfield. Ordered that the same be filed.

The Bill to establish a Town on the lands of Thomas Relf in Pasquotank County, &c., was read the second time, and laid over until the next session of Assembly.

Received from the Senate a Resolve empowering the Honourable Richard Caswell, Esquire, as soon as the time of the present Governor expires, to convene the Council of State and qualify as Governor

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of this State in their presence; which being read, was concurred with and returned.

The Bill for appointing County Commissioners for taking affidavits in causes of Law and Equity, was read the second time, amended, passed and sent to the Senate.

The Bill for extending the line between the Counties of Burke and Rutherford was read the second time, passed and sent to the Senate.

The Bill to amend an act intitled “an Act for laying a tax on the County of Northampton for repairing the public buildings thereof, and to appoint and impower Commissioners for that purpose,” was read the second time, passed and ordered to be engrossed.

The Bill to limit the time of the continuance of the several Boards of Auditors in this State and the Board for settling and liquidating the Accounts of the Continental officers and Soldiers to a certain period, and to impower the Treasurers to pay out of the tax for the year 1784, the money which they were to have paid agreeable to an Act of Assembly passed at Hillsborough in June last, was read the second time, amended, passed and sent to the Senate.

The Bill to impower former sheriffs to collect the arrears of public Taxes, &c., was read the second time and laid over until the next General Assembly.

The Bill for ascertaining and fixing the time when acts of the General Assembly of this State shall commence to be in force and have effect, was read the second time and rejected.

The Bill to compel the Commissioners of ports Bath, Beaufort and Roanoke to remove Pilots who refuse to take branches off the public grounds on Ocracoke Island, and to empower said Commissioners to employ other persons to act as pilots at Ocracoke Inlet was read the second time, amended, passed and sent to the Senate.

The Bill for levying a tax in the Counties of Hillsborough and Salisbury District for the repairs of the District Buildings in the Towns of Hillsborough and Salisbury, was read the second time, amended, passed and orderel to be engrossed.

The Bill to supply the loss of a patent for a certain tract of land lying in Currituck County, granted to Richard Cummingforth, was read the second time, passed and sent to the Senate.

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Resolved, That Mr. Davie and Mr. Hay, with such members of the Senate as may be appointed, examine the Engrossed Bills.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

This House have appointed Mr. Davie, Mr. Payne, Mr. Mackay and Mr. Hay, with such of your body as you may appoint, to examine the Engrossed Bills.

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


Friday, 19 November, 1784.

The House met according to adjournment.

The Bill to direct Sheriffs in levying Executions and the disposal of lands, goods and chattels taken thereon, was read the second time and rejected.

On the question shall this Bill pass or not pass, the yeas and nays were required by Mr. Person which are as follows, vizt.:

Yeas—Messrs. Bonds, Hay, Moye, Hamilton, Alford, Moore, Mayo, Robins, Person, West, Cox, Yancey, Phifer, Wilson, McKissick, Withrow and Ross.—17.

Nays—Messrs. Tim. Bloodworth, White, Bryan, Clem. Hall, B. Jones, J. Reddick, Ashe, Lytle, Kendall, Randall, Mebane, Eborn, Diggs, Alderson, J. Bloodworth, Yates, Shepperd, Blount, Martin, Stewart, Starkey, Handley, Dejarnatt, Jordan, T. Jones, Boon, Leak, A. Hill, Sharpe, Robeson, Humphries, Franklin, Lewis, Davie, Sloan, Outlaw, Dixon, Mackay, McCullock, Cabarrus and Flowers.—41.

The Bill for dividing the District of Morgan, was read the second time, amended, passed and sent to the Senate.

The Bill to prevent unjust appeals, and to impower the County Courts in this State to provide for the safe keeping of the estates of Idiots and Lunatics, was read the second time, amended, passed and ordered to be Engrossed.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

We consent that the General Assembly ballot on Saturday next at the time by you proposed, for the several Officers of State mentioned in your message on that head, and appoint Mr. Galloway and Mr. Skinner to superintend the balloting.

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The Bill declaring the currency certificates issued by the State Auditors and the Certificates issued by the Comptroller General, previous to the 25th day of May, 1783, &c., was read the second time and rejected.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House have appointed Genl. Jones, Mr. Macon, Mr. Gallaway and Mr. Taylor a Committee, who will act with the Gentlemen by you appointed to examine the Engrossed copies of such Bills as may be passed by the present Assembly.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

This House nominate for a Treasurer William Skinner, Memucan Hunt, Benjamin Exum, and John Macon, Esquires. For Delegates, John Sitgreaves, Alexander Martin, Timothy Bloodworth, Adlai Osborn, Whitmill Hill, Benjamin Smith, and Charles Johnston, Esquires. For Comptroller, The Honourable William Blount and Francis Child, Esquires. For a Council of State, Thomas Leach, John Hawks, Jacob Blount, James Armstrong, James Kenan, James Gorham, Thomas Rutledge, Abram Sheppard, Benjamin Shepperd, Robert Lanier, The Marquis De Britigney, Stephen Cobb, Edward Winslow, Thomas Eaton, Thomas Polk, Thomas Barker, John Simpson, Robert Burton, John W. Stanley, Robert Rowan, Robert Bignall and James Hogg, Esquires.

The Bill directing the sale of confiscated property was read the second time, amended, passed and sent to the Senate.

Received from his Excellency the Governor, the following message:

To the Honourable the General Assembly:

Gentlemen:

Herewith I send for your perusal a letter received from Mr. Spaight.

ALEX. MARTIN.

At the same received the letter above referred to, which being read, was ordered to be sent to the Senate.

The Bill to impower the County Court of Wayne to lay a tax for two years, for the purpose of finishing and compleating the Court

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House, prison and stocks, and for defraying the contingent charges of said County, was read the second time, passed and sent to the Senate.

The Bill to enable Benjamin Blount of Tyrrell County, Trustee of Thomas Bogg, to sue for and recover for and to the use and uses of the children of the said Thomas Bogg, all debts due and owing to the said Thomas Bogg and all other things in action which the said Thomas Bogg might have lawfully sued for and recovered, was read the second time, passed and sent to the Senate.

The Bill to prevent Horse Stealing, was read the second time, passed and sent to the Senate.

The Bill to authorize and impower the Governor, or Commander-in-Chief for the time being, to issue a Proclamation requiring certain offenders therein mentioned to surrender themselves within a limited time, and in case of failure offering a reward to any person or persons who shall apprehend and bring to justice such offenders, was read the second time, passed and ordered to be engrossed.

The Bill for altering the Oath of Allegiance and the Oath of affirmation of Fidelity, was read the second time, amended, passed & sent to the Senate.

The Bill to remove all disabilities from Simon Cleary and others therein named, was read the second time, passed and sent to the Senate.

The Bill to secure the property of Elizabeth Bonner in the hands of Trustees, was read the second time, amended, passed and sent to the Senate.

The Bill for laying a Tax in the town of Wilmington for the better Government thereof, and for the Election of Commissioners for the succeeding year, was read the second time, amended, passed and sent to the Senate.

The Bill for the more ready and effectual execution of process issuing from the several Courts of Law and Equity, in cases where the Sheriff or Coroner may be resisted, and the power of the County should be found insufficient for the purpose, was read the second time, amended, passed and sent to the Senate.

Ordered that the Bill to alter and amend an Act intitled “an Act to amend an act intitled an act for ascertaining what property in

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this State shall be deemed taxable property, &c.,” be laid over until the next Assembly.

Ordered that the Bill for appointing a Treasurer and directing his duty in office, be laid over until the next Assembly.

Mr. Sharpe delivered in the report of the Committee on the Petition of David Miller, which had been recommitted.

On motion, Resolved, That the Papers and the Petition on which the Report in favour of Mr. Miller was founded be delivered to him.

Ordered that the Bill to amend an Act passed the last General Assembly intitled “an Act for altering the time of holding the annual Elections,” &c., be laid over until the next Assembly.

Resolved, That Mr. Boon have leave of absence during the session.

On the passage of the Bill for levying a Tax for the support of Government and for the redemption of Continental Money, old paper Currency, Specie and other Certificates;

Waightstill Avery dissented and protested as follows:

1st. Because, by this Bill Land one of the great objects of taxation, is taxed by the hundred acres, in which mode the tax on the richest and most valuable lands in the State is no greater than the tax imposed on the poorest lands of very little value, which falls unjustly heavy on the owners of such poor land to their geat oppression.

2nd. Because, the lands near to navigable waters and places of Exportation yielding a greater and more ready profit to those who cultivate the same, ought to pay a tax larger in proportion to these advantages, which so greatly increases the value of such lands, while on the other hand, Lands more remote altho’ of equal fertility do not yield equal profit to the owner by any manner of cultivation, because a considerable part of the value of the produce is lost by an expensive land carriage conveying the same to market.

Lands near to navigation, must be at least ten times more valuable than lands of equal fertility two hundred and fifty miles further back, for instance the whole district of Morgan, and a considerable part of the District of Salisbury.

3rd. Because, whereas, a moderate tax by assessment on lands without being burthensome to any, will amount to a much larger sum than the present mode will raise; It is therefore not only unjust,

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but impolitic to lay aside an equitable and well proportioned mode of taxing lands according to the value, which falls properly on the wealthy land holders possessed of the richest and most valuable Lands who are best able to pay, and adopt a new mode that will lessen the amount of the taxes, and still place distressing burthens on the owners of poor lands of little value who are least able to bear the load, and from whom in every instance the collection will be more difficult, and in some instance impossible, and therefore must fail, and by such failure the revenue will be further diminished.

He therefore protests against the mode of taxing Lands by the hundred Acres as impolitic, unjust and oppressive to the poor.

Signed,
WAIGHTSTILL AVERY.

We, the subscribers, also protest against the said Bill for the reasons above set forth.

John Humphries, Richard Singleton, Joseph Stewart, William Moore, Tignal Jones, Thornton Yancey, Joel Lewis, James Martin, Thomas Person.

Ordered that the Bill to describe and ascertain such persons who owed allegiance to this State, and who joined and continued with the Enemy during the late War, and who ought not to be admitted as Citizens thereof, and to impose certain disqualifications on certain persons therein described, be read the second time To-morrow.

Resolved, That Mr. Hay be excused from examining the Engrossed Bills and Mr. Person appointed in his stead.

Received from the Senate a Bill for the more regular collecting, payment of, and accounting for the public taxes. Endorsed, read the second time, passed and ordered to be Engrossed.

Ordered that this Bill be read the third time in this House To-morrow.

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


Saturday, 20 November, 1784.

The House met according to adjournment.

The resignation of Samuel Harris and William Sharpe of their Commissions as justices of the Peace for the County of Rowan, was read and accepted and sent to the Senate.

Resolved, That the Warrants in favour of Members of the General

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Assembly for their attendance, signed by the Speakers of the two Houses, shall be received by the Collectors of Imposts at the several ports in payments of all duties on Importation.

Ordered that the following message be sent to the Senate.

Mr. Speaker and Gentlemen:

This House requests the Senate to resume the consideration of the recommendations of certain County Courts in favour of Militia Soldiers wounded in the service of this State, which were made agreeable to an act of the last General Assembly and concurred with by this House and take order thereon.

The Bill for the more regular collecting, payment of and accounting for the public Taxes, was read the third time, amended, passed and sent to the Senate.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We add to the nomination of Delegates the Honourable William Blount and William Walters, Esquires.

The resignation of Thomas Respass as a Justice of the Peace for Beaufort County, was read and accepted.

Received from the Senate the report of the Committee on the Petition of Thomas Davis, &c. Endorsed, read and concurred with; which being read, was concurred with and returned.

Ordered that the several Bills which were engrossed on the second reading in this House be sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We nominate for Delegates to represent this State in Congress, The Honourable William Blount, Esquire, and William Walters, John Sitgreaves, Alexander Martin, Adlai Osborne, Charles Johnston, Timothy Bloodworth and John Skinner, Esquires.

For a Comptroller of the public accounts of this State, Captain Francis Child.

For a Council of State, Joseph Leech, John Hawks, Jacob Blount, James Armstrong, Benjamin Hawkins, Robert Burton, James Kenan, Edward Starkey, Thomas Bonner, Thomas Rutledge, Robert Bignall, James Gorham, Stephen Cobb and Thomas Eaton, Esquires.

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For a Treasurer of the State, William Skinner, Memucan Hunt, and Benjamin Exum, Esquires.

Received from the Senate a Bill for the Inspection of Tobacco in the Town of Hillsborough, which was read the third time, passed and returned.

Received from the Senate a Bill to adopt and recognize a Resolve of Congress of the twentieth of February, one thousand seven hundred and eighty-two, respecting a Commissioner to be appointed for the settlement of the Accounts of the United States with this State, among others. Endorsed, read the second time, passed and ordered to be engrossed.

Ordered that this Bill be read the third time; which was accordingly read the third time, passed and sent to the Senate.

Received from the Senate a Bill to ascertain the number of white and black Inhabitants, and the Citizens of every age and condition in this State. Endorsed, read the second time, passed & ordered to be engrossed.

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

The Bill to describe and ascertain such persons who owed allegiance to this State, and to impose certain disqualifications on certain persons therein discribed, was read the second time, amended, passed and sent to the Senate.

Ordered that the Speaker do sign and ratify the act intitled “an Act to repeal an act intitled an act ceding to the Congress of the United States certain Western Lands therein discribed, and authorizing the Delegates from this State in Congress to execute a deed or deeds for the same.”

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

This House being anxious to compleat the business of the session propose that the General Assembly proceed on business To-morrow.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree to do business To-morrow.

Mr. Payne from the joint Balloting from the several officers of State Reported:

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That the Honourable William Blount, Esquire, had 93 votes as Delegate; the Honourable John Sitgreaves, Esq., 87; Charles Johnston, Esq., 76; The Honourable Adlai Osborne, Esquire, 70; Timothy Bloodworth, Esquire, 65. All of which appeared to have a large majority of the votes of both Houses of the General Assembly.

That Francis Child, Esquire, was elected Comptroller of public accots. and Memucan Hunt, Esquire, Treasurer.

That Joseph Leach, James Kenan, James Armstrong and John Hawkes, Esq., were elected members of the Council of State.

The House taking the said report into consideration concurred therewith, and resolved that a message be sent to the Senate proposing to ballot at four o’clock To-morrow for one Delegate and three Councillors.

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


Sunday, 21 November, 1784.

The House met according to adjournment.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose balloting at 4 o’clock this evening for one Delegate and three Councillors.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

On considering the disorder that would naturally be occasioned by balloting for the officers yet to be elected, until To-morrow 4 o’clock in the evening, and have determined to adjourn till To-morrow morning 9 o’clock.

The House adjourned accordingly.


Monday, 22 November, 1784.

The House met according to adjournment.

Resolved, That Mr. Peter Robeson and Mr. John B. Ashe have leave of absence during the session.

Received also, that Mr. J. G. Blount have leave of absence after To-morrow.

Resolved, That the appointment of Edmund Blount of Chowan, to the office of vendue Master for the town of Edenton, was unconstitutional and shall remain void, and that Matthew O’Mally be

-------------------- page 816 --------------------
and he is hereby appointed to the said office, in place of the said Edmund Blount, Sheriff of the said County.

Ordered that this Resolve be sent to the Senate for concurrence.

On the third and last reading of the Bill for raising a public revenue, &c., a motion was made and seconded that the following words should be deled, vizt.:

“And that all goods imported by merchants into this State by Land for the sake of Trade and Commerce shall pay the same duty as goods imported in this State by Water,” which was objected to; the question being put was carried in the negative, whereupon Mr. Person required the yeas and nays, which are as follows, vizt.:

Yeas:—Messrs. Bond, J. Paine, Shepperd, Martin, Stewart, Alford, Moore, Dejarnett, Tignall Jones, Leak, Robins, A. Hill, Kerr, Person, Humphries, D. Hall, Franklin, Yancey, Phifer, Wilson, McKissick, Outlaw, Mackay and Gray.—24.

Nays—Messrs. M. Payne, Tim. Bloodworth, White, Bryan, C. Hall, B. Jones J. Reddick, Kendall, Hay, Moye, Diggs, S. Singleton, Alderson, J. Bloodworth, Yates, Maclaine, Starkey, Reed, Jordan, Mayo, Reading, Stone, Sharpe, West, Lewis, Rand, Davie, Sloan, Ross, McCullock, Cabarrus, Flowers, J. G. Blount and Ashe.—34.

Received from the Senate a Resolve appointing Ambrose Ramsey, Esq., Brigadier General of the District of Hillsborough; which being read, was concurred with and returned.

Received also a Resolve requesting his Excellency the Governor, to issue a Proclamation as therein mentioned; which being read, was concurred with and returned.

Received from the Senate the Resolve of this House directing the Collectors of the Imposts to receive the members’ certificates, &c., concurred with.

Received also the resignation of Thomas Respass. Endorsed, accepted.

The Bill to prevent persons holding offices of profit from enjoying seats in the General Assembly, was read the third time and passed.

The Bill for clearing and opening the navigation of Tar River and Fishing Creek, in the Counties of Pitt, Edgecombe and Halifax, was read the third time and passed.

The Bill for impowering the Commissioners of public buildings

-------------------- page 817 --------------------
in Bladen County to sell the public lots reserved for said buildings, to purchase others and build the Court House on the street, if more eligible in their opinion, was read the third time and passed.

The Bill for extending the dividing line between the Counties of Hyde, Beaufort and Tyrrell was read the third time, passed and sent to the Senate.

The Bill to amend an act intitled “an Act for levying a Tax on every hundred pounds value of taxable property in the District of New Bern for repairing the Gaol of the said District,” was read the third time, passed and sent to the Senate.

The Bill to amend an act intitled “an Act for establishing a Town in Jones County,” also one other act intitled “an act for dividing Craven County into two distinct Counties and for other purposes therein mentioned,” was read the third time and passed.

The Bill to amend an act entitled “an Act for levying a Tax on the County of Northampton for repairing the public buildings thereof and to appoint and impower Commissioners for that purpose,” was read the third time and passed.

The Bill directing the mode of proceeding against the real estates of deceased persons, where the personal estate is insufficient for the payment of the debts, was read the third time, amended by consent of the Senate, passed and ordered to be again engrossed.

The Bill for raising a public revenue for the support of Government and to repeal an act intitled “an Act to prevent excessive gaming,” was read the third time, amended by consent of the Senate, passed and ordered to be again Engrossed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We agree that the General Assembly ballot at 4 o’clock this evening for one Delegate and three Councillors, as by you proposed. At the request of Mr. Walters his name is withdrawn from the nomination for Delegates. Mr. Gallaway & Mr. Skinner will superintend the balloting on the part of this House.

The Bill to regulate and ascertain the several officers’ fees therein mentioned, and for altering the times of holding the Superior Courts of Law and Equity for the Districts of Halifax, Edenton, New

-------------------- page 818 --------------------
Bern and Wilmington, was read the third time, passed and ordered to be again Engrossed.

The Bill to amend an act passed at the last session of the General Assembly intitled “an Act for the relief of such persons as have been disabled by wounds or rendered incapable of procuring for themselves and families subsistence in the Militia service of this State and providing for the Widows and Orphans of such as have died,” was read the third time, amended by consent of the Senate, passed and ordered to be again Engrossed.

The Bill to limit the time of the continuance of the several Boards of Auditors in this State, and of the Board for settling and liquidating the accounts of the Continental Officers and Soldiers to a certain period, and to impower the Treasurer to pay out of the Tax for the year seventeen hundred and eighty-four the money which was to have been paid agreeable to an act of the Assembly passed at Hillsborough in June last, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

We propose that the estimate of allowance to the members of the present Assembly be made up to Thursday next inclusive, at the rate of sixteen shillings per day.

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House agree to the Proposition of the Senate, relative to making out the Estimate, in every respect.

Mr. Speaker and Gentlemen:

Mr. Payne and Mr. Wilson attend to receive the ballots from the members of the Senate, agreeable to the votes of both Houses this Day agreed upon.

The Bill to impower the County Courts 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, was read the third time, amended, passed and sent to the Senate.

Mr. Payne, from the joint balloting for a Delegate and three members of the Council of State, Reported that the Honourable

-------------------- page 819 --------------------
Richard Dobbs Spaight, Esquire, was elected a Delegate. Robert Burton, Abraham Shepperd and Thomas Eaton, Esquires, members of the Council.

The House taking the said report into consideration concurred therewith.

The Bill to alter the time of holding the several County Courts of Pleas and Quarter Sessions therein mentioned, was read the third time, amended, passed and sent to the Senate.

The Bill to compel the commissioners of Ports Bath, Beaufort and Roanoke, to remove Pilots who refuse to take branches off the public grounds on Ocracoke Island, and to impower said Commissioners to employ other persons to act as Pilots at Ocracoke Intel, was read the third time, passed and sent to the Senate.

The Bill to release James Underwood and Job Ward from the forfeiture of a recognizance entered into for the appearance of a certain Daniel Campbell before the Superior Court at Hillsborough District, & from a judgment given upon the said forfeiture, was read the third time, passed and sent to the Senate.

The Bill for impowering the County Court of Warren and Franklin to levy a further tax on the inhabitants of said Counties for defraying the expence of building the Court House, prison and stocks, was read the third time, passed and sent to the Senate.

The Bill to establish the town of Morgan, and to direct the building a Court House and prison in the same, for the district of Morgan, was read the third time, passed and sent to the Senate.

Mr. Person, from the Committee appointed to examine and report on the accounts of Drury Gee, late Sheriff of Northampton County, Reported as follows, vizt.:

Your Committee having duly considered the claim of Drury Gee, formerly Sheriff of Northampton County, find there is a balance of two hundred and sixty-six pounds fourteen shillings and five pence currency equal to six shillings and eight pence, justly due to him. Your Committee having taken into consideration the Petition of Mr. Allen Jones, respecting draughts on the County Commissioners of specific supplies, are of opinion that the Comptroller General credit the several County Commissioners for the draughts aforesaid and that he furnish Mr. Jackson, assistant Commissioner of Army settlements, with a copy of such draughts, whereby he may be

-------------------- page 820 --------------------
enabled to charge the several officers to whom such draughts were given, and that the Comptroller General charge the United States with the amount thereof and hold up the original draughts as vouchers. All which is submitted.

THOMAS PERSON, Ch.

The House taking the said report into consideration concurred therewith.

An additional 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, and other purposes,” passed at Hillsborought in the year one thousand seven hundred and eighty three, and an act intitled “an Act for purchasing a lot or lots in the town of Wilmington for the purpose of building a Jail for the District of Wilmington and other purposes, and for repairing the Court House of said District,” passed at Hillsborough last Assembly, was read the third time, passed and sent to the Senate.

The Bill to establish the principal streets and squares of Fayetteville, as laid down in a plan of the said Town by Commissioners appointed by an act passed at Hillsborough the Eighteenth day of April, in the seventh year of the Independence of this State, intitled “an Act for appointing the several persons therein mentioned to lay out the streets in upper Campbelton in Cumberland County, and for the said Town, and giving a further time for saving lots in the lower town, and for altering the name of Campbelton to Fayetteville,” was read the third time, passed and sent to the Senate.

The House adjourned till To-morrow Morning 9 o’clock.


Tuesday, 23 November, 1784.

The House met according to adjournment.

Received from the Senate the Resolve of this House appointing Matthew O’Mally, Vendue Master at Edenton, Concurred with.

The resignation of Joseph Reddick as a Justice of the Peace for Gates County, and the resignation of Zedekiah Stone and Watkin Wm. Winn, Justices of Bertie County, were read and accepted, and sent to the Senate.

The Bill to amend an act entitled “an Act for altering the time of holding the annual elections and annual Assemblies, and directing

-------------------- page 821 --------------------
the manner of electing the annual officers for the succeeding year,” was read the third time & passed.

The Bill to explain, amend and supply the deficiencies of an act passed last Assembly at Hillsborough intitled “an Act 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, and for directing how deeds of gifts and Bills of sales of Slaves shall be executed, authenticated and perpetuated,” was read the third time, amended, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Accounts of Drury Gee, and on the Petition of Mr. Allen Jones. Endorsed, concurred with.

On the third reading in this House, the Bill to explain, amend and supply the deficiencies of an act passed last Assembly at Hillsborough intitled “an Act to regulate the descent of real Estates, &c.” The following Enacting clause was deled, vizt.:

“And be it further enacted by the authority aforesaid, that such part of the personal Estate of any deceased person as may be laid off for the Widow as directed by the eighth section of the before recited Act, and shall consist of slaves, shall be laid off to such Widow for life only, and after her death shall go according to the Statute of distributions; and every widow of any deceased person before receiving into her possession any such slaves shall give bond to the County Court in the value thereof, that such slaves, with their increase, shall be returned to the executors or administrators of her deceased husband immediately upon her death, free of all charges and expences whatever.” On the third reading of this Bill in the Senate, they proposed, by message, that the Commons should consent to stet this clause. A motion was made and seconded that this House should concur with the Proposition of the Senate which was objected to and the question was carried in the affirmative; whereupon the yeas and nays were required by Mr. Bloodworth, which are as follows, vizt.:

Yeas—Messrs. M. Payne, Hay, Diggs, Alderson, Maclaine, Martin, Hamilton, Starkey, Tignal Jones, Mayo, Leak, Robins, A. Hill, Reading, Stone, Person, Humphries, D. Hall, West, Lewis, Phifer, Rand, Davie, Ross, Macey, McCullock, Cabarrus, Dejarnatt and Flowers.—29.

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

Nays—Messrs. T. Bloodworth, White, Bryan, C. Hall, J. Reddick, Bonds, Kendall, Mebane, Moye, J. Bloodworth, Yates, Stewart, Alford, Moore, Reed, Jordan, Sharp, Kerr, Franklin, Yancey, Wilson, Sloan, McKissick, Withrow, Dixon, Avery and R. Singleton.—27. Mr. Herndon refused to vote on the question.

The Bill for levying a tax for the support of Government & for the redemption of Continental money, old paper currency, specie and other certificates, was read the third time, amended by consent of the Senate, passed and ordered to be again Engrossed.

The Bill for removing the public buildings of Mecklenburg County from Charlotte to the centre of said County, appointing Commissioners to find said center and to superintend the erecting a Court House, prison and stocks as near said center as convenience will permit, and altering the mode of annual elections in said County, was read the third time, passed and sent to the Senate.

The Bill to amend an act intitled “an Act for dividing the County of Cumberland, passed at Hillsborough last General Assembly, and to confirm the proceedings of the Justices of Moore County, and to alter the times of holding the Courts of the same County,” was read the third time, passed and sent to the Senate.

The Bill to remove all disabilities from Simon Cleary and others therein mentioned, was read the third time, passed and sent to the Senate.

Received from the Senate a Resolve allowing Benjamin Exum, Esquire, one hundred and two pounds sixteen shillings; which being read, was concurred with and returned.

The Bill for the encouragement of learning in the District of Salisbury, was read the third time, passed and sent to the Senate.

Ordered that the Bill to amend an act for dividing Duplin County be laid over until To-morrow.

The Bill to describe and ascertain such persons who owed allegiance to this State, and to impose certain disqualifications on certain persons therein mentioned, was read the third time, passed and sent to the Senate.

Ordered that the Bill directing the sale of confiscated property be read the third time To-morrow.

The Bill for levying a tax in the Counties of Hillsborough & Salisbury Districts for the repairs of the District Buildings in the Towns

-------------------- page 823 --------------------
of Hillsborough and Salisbury and directing the method of calling to account the Commissioners of public buildings heretofore or hereafter to be appointed, was read the third time, amended by consent of the Senate, passed and ordered to be again Engrossed.

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


Wednesday, 24 November, 1784.

The House met according to adjournment.

The Bill to impower the County Court of Wayne to lay a tax annually for the purpose of finishing and compleating the Court House, prison and stocks, and for defraying the contingent charges of said County, was read the third time, passed and sent to the Senate.

The Bill to prevent Horse Stealing was read the third time, passed and sent to the Senate.

The Bill for appointing County Commissioners for taking affidavits in causes of Law and Equity, was read the third time, passed and sent to the Senate.

The Bill to supply the loss of a patent for a certain Tract of Land lying in Currituck County, granted to Richard Cummingforth, was read the third time, passed and sent to the Senate.

Mr. Maclaine moved for leave to withdraw from the House “The Bill for laying a Tax in the town of Wilmington for the better Government thereof and for the election of Commissioners for the succeeding year.” Ordered that he have leave accordingly.

Received from the Senate the Petition of Henry Emanuel Lutterloch. Endorsed, read and referred to the Committee to whom was referred the Petition of Mr. Thomas Davis; which being read, was referred to the said Committee by this House and returned.

The Bill for obtaining an accurate account of the Militia service during the late War, in order that the claims of this State upon the United States may be ascertained, was read the third time, passed and ordered to be again engrossed.

The Petition of Benjamin McCullock, praying that the General Assembly would suspend the sale of such part of the property formerly belonging to Henry Eustace McCullock as remains yet unsold, until the annual meeting of the General Assembly, was read and ordered to be sent to the Senate with the Bill directing the sale of confiscated property.

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

The Bill for dividing the District of Morgan, was read the third time, amended, passed and sent to the Senate.

On the third reading of the Bill directing the sale of confiscated property, in the clause declaring what should be received in payment of confiscated debts the following words were proposed as an amendment, vizt.:

“Specie, Specie Certificates, or currency of the State shall be received”; this being objected to the question was put and carried in the affirmative; whereupon the yeas and nays were required by Mr. Sharpe, which are as follows:

Yeas—Messrs. Tim. Bloodworth, White, Bryan, B. Jones, J. Paine, Lytle, Kendall, Mebane, Diggs, S. Singleton, J. Bloodworth, Yates, Shepperd, Martin, Stewart, Hamilton, Alford, Moore, Dejarnatt, Jordan, Leak, Robins, A. Hill, Kerr, Humphries, Nash, Herndon, Yancey, Phifer, Wilson, Rand, Outlaw, Withrow, Ross, Dickson, Cabarrus, Flowers, R. Singleton, J. Reddick and Tignal Jones.—40.

Nays—Messrs. M. Payne, E. Hall, Hay, Maclaine, Starkey, Mayo, Stone, Sharpe, Person, Lewis, Davie, Sloan, McKissick and McCullock.—14.

The Bill directing the sale of confiscated property was read the third time, passed and sent to the Senate.

Received from the Senate a Resolve allowing the Orphans of Daniel Sisk a certain sum therein mentioned, which being read was concurred with and returned.

Received also the resolve of this House allowing Issac Reed, Moses Griffin & Benjamin Clash, each, the sum therein mentioned, concurred with; and the resignation of Joseph Reddick, Zedekiah Stone and Watkins Wm. Winn. Endorsed, accepted.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

On reading the last time the Bill relative to the Pilots at Ocracoke Bar, this House have thought proper to reject it.

Ordered that the Bill to amend an Act for dividing Duplin County lie over until the next Assembly.

The Bill for the more ready and effectual execution of process issuing from the several Courts of Law and Equity in cases where the Sheriff or Coroner may be resisted and the power of the County

-------------------- page 825 --------------------
should be found insufficient for the purpose, was read the third time, passed and sent to the Senate.

The Bill for repealing part of an act passed at New Bern in November, one thousand seven hundred and seventy-seven, intitled “an Act to regulate and ascertain the fees of clerks in the Superior and County Courts, justices of the Peace and Attornies in this State and directing the method of paying the same,” also part of an act passed at Halifax in January, one thousand seven hundred and seventy-nine, also intitled “an Act to ascertain the fees of Clerks in the Superior and County Courts, Justices of the Peace and Attornies in this State,” was read the third time and passed.

The Bill to prevent unjust appeals and to impower the County Courts in this State to provide for the safe keeping of the Estates of Idiots and Lunatics, was read the third time and passed.

The Bill for altering the Oath of Allegiance and the Oath of Affirmation of Fidelity, was read the third time, passed and sent to the Senate.

The Bill to enable Benjamin Blount of Tyrrell County, Trustee to Thomas Bogg, to sue for and recover for and to the use and uses of the children of the said Thomas Bogg, all debts due and owing to the said Thomas Bogg and all other things in action which the said Thomas Bogg might have lawfully sued for and recovered; was read the third time, passed and sent to the Senate.

The Bill to secure the property of Elizabeth Bonner in the hands of Trustees, was read the third time, passed and sent to the Senate.

The Bill to prevent the issuing of Grants for lands on the Western Waters to such as have paid for the entry thereof in Counterfeit Certificates, and until the Surveyors fees shall be paid, and making provision for those who may have entered lands previously located by others, was read the third time, amended, passed and sent to the Senate.

Resolved, That Mr. Bloodworth and Mr. Avery be a Committee to examine and report To-morrow on the Accounts of Dr. Blythe.

Received from the Senate the following reports of the Committee of Propositions and Grievances, concurred with by that House, vizt.:

On the account of Thomas Scurlock;

On the Claim of William Borden;

On the account of Thornton Yancey;

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

On the Claim of Young Birt;

On the Claim of Jesse Croom;

On the Claim of Osborne Jeffreys;

On the Claim of John Haley;

On the Claim of William King;

On the Claim of Joseph Boon, &

On the Claim of William Moore and Philip Thomas; which being read, were concurred with and returned.

Received also the report of the Committee appointed to receive of the Treasurers the money too much worn to continue in circulation. Endorsed, read and concurred with; which being read, was concurred with by this House and returned.

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


Thursday, 25 November, 1784.

The House met according to adjournment.

The resignation of William Tisdale, a Justice of the Peace for Craven County, was read and accepted, and sent to the Senate.

The Petition of Thomas and Titus Ogden, was read and laid over until the next Assembly.

Mr. Bloodworth, from the Committee to whom was referred the accounts of Dr. Blythe, reported as follows:

The Committee to whom was referred the accounts of Dr. Joseph Blythe report that they have examined the said accounts and vouchers, and are of opinion that his claims for services performed, and medicines actually furnished, to the amount of two hundred and seventy-eight pounds are sufficiently supported, and that the same ought to be allowed and paid by the Treasurer, and that the Claims of Doctor Blythe for the further sum of two hundred and twenty pounds ought to be rejected. All which is submitted.

TIMOTHY BLOODWORTH, Ch.

The House taking the said report into consideration concurred therewith.

Ordered that the same be sent to the Senate.

The Bill to establish in the Towns of Edenton, Washington, New Bern and Wilmington, Courts for the speedy decision of Mercantile Transactions with Foreigners and Transient persons and of

-------------------- page 827 --------------------
Maritime Affairs, was read the third time, amended, passed and sent to the Senate.

Received from the Senate the following reports of the Committee of Propositions and Grievances, concurred with by that House, vizt.:

On the Petition of Richard Cogdell;

On the Petition of William Boritz;

On the Petition of Jacob Sikes;

On the Petition of John McCoy;

On the Petition of William Moore and Phillip Thomas;

On the Petition of Edward Pearsall;

On the Petition of Andrew Bass;

On Ditto Ditto;

On the account of William Graham;

On the Claim of Sampson Moseley, and

On the Petition of William Shaw; which being read, were severally concurred with and returned.

Resolved, That the estimate of the civil list, the incidental and continental charges of the expence of 1785, be made out by the Clerk from the Law establishing the Salaries for the next year and the report of the Committee on that head, and that the same be published by the public printer with the laws of this session.

Received from the Senate the report of the Committee on the representation of William Boritz. Endorsed, read and concurred with; which being read, was concurred with by this House and returned.

On the question, will the House concur with this report or not, it was objected to and carried in the affirmative; whereupon the yeas and nays were required by Mr. Mebane, which are as follows, vizt.:

Yeas—Messrs. M. Payne, Bryan, C. Hall, J. Riddick, J. Paine, Kendall, Hay, Moye, S. Singleton, Alderson, J. Bloodworth, Yates, Stewart, Hamilton, Starkey, Dejarnatt, Jordan, T. Jones, Mayo, Leak, Reading, Stone, Person, Humphries, D. Hall, West, Yancey, Wilson, Davie, Solan, Outlaw, Ross, Dickson, Cabarrus, Gray and Flowers.—36.

Nays—Messrs. White, B. Jones, Mebane, Lytle, Sharpe, Phifer and Withrow.—7.

The Bill for allowing Salaries to the succeeding Officers of State and repealing so much of an Act intitled “an Act for allowing Salaries

-------------------- page 828 --------------------
to the Governor, Secretary and other officers of State, and other purposes, as come within the purview of this Act,” was read the third time, passed and ordered to be again Engrossed.

Received from the Senate the report of the Committee on the account of Doctor Joseph Blythe, and the resolve of this House for publishing the estimate of the Civil list, &c., respectively concurred with.

Received also the resignation of William Tisdale. Endorsed, accepted.

The Bill to authorize or impower the Governor, or Commander-in-Chief for the time being, to issue a proclamation requiring certain offenders therein mentioned to surrender themselves within a limited time, and in case of failure offering a reward to any person or persons who shall apprehend and bring to justice such offenders; was read the third time and rejected.

Received from the Senate a Resolve appointing Commissioners to sell the old Court House in Duplin County; which being read, was concurred with and returned.

Mr. Person, from the Committee appointed to settle the Claim and Accounts of Drury Gee, former Sheriff of Northampton County, and to whom was referred sundry other accounts, Petitions and Memorials, reported as follows, vizt.:

That the account of John Taylor, late Auditor, appears to be just and ought to be allowed the sum of thirty-five pounds currency.

That on consideration of the Memorial of Henry Gutherey, one of the survivors imployed by the Commissioner for extending the boundary line between this and the State of Virginia, he was twelve months in that service as per certificate from under the hands of two of the Commissioners, and we are of opinion he ought to be allowed one hundred and twenty pounds currency.

That on consideration of the Petition and accounts of John Penn, Esq., late Delegate from this State to the Continental Congress, it appears there is a balance of seventeen hundred and eighty-nine pounds eight shillings and eight pence current money of this State, justly due, we are of opinion ought to be allowed him with interest till paid.

That on consideration of the Petition and accounts of John Williams, Esquire, late Delegate from this State to the Continental

-------------------- page 829 --------------------
Congress, it appears there is a ballance of two hundred and three pounds six shillings and eight pence justly due, which we are of opinion ought to be allowed him with interest from the present date till paid.

That on considering the account of the Honourable Samuel Ashe, Esquire, one of the Judges of the Superior Court, it appears that there is a balance of four hundred and sixty-five pounds five shillings and five pence justly due to him, to make good the depreciation on his Salaries heretofore received.

That on considering the Accounts of the Honourable Samuel Spencer, one of the Judges of the Superior Courts, it appears that there is justly due to him a balance of five hundred and seventy-two pounds two shillings and ten pence to make good the depreciation on the money heretofore received by him for his Salaries.

That on considering the Accounts of the Honourable John Williams, one of the Judges of the Superior Courts, it appears that there is justly due to him a balance of six hundred and seventy-three pounds nineteen shillings and seven pence to make good the depreciation of the monies heretofore received by him for his salaries. All which is submitted.

THO. PERSON, Ch.

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

Ordered that the following message be sent to the Senate:

Mr. Speaker and Gentlemen:

We propose to ballot immediately for an assistant Judge to the Court established over the Mountains, & put in nomination Mr. David Campbell. Mr. Wilson and Mr. Payne are appointed to conduct the balloting on the part of this House.

The Bill to amend an act of Assembly passed at Hillsborough in June, one thousand seven hundred and eighty-four, entitled “an Act for levying certain duties on all Foreign merchandize imported into this State in aid of the public finances & directing the mode of collecting the same,” also to amend one other act passed in the same year, intitled “an Act to prevent the exportation of unmerchantable commodities,” and to amend one other act of Assembly passed in May, one thousand seven hundrded and eighty-three, entitled “an Act

-------------------- page 830 --------------------
for facilitating the Navigation and regulating the Pilotage of the several ports of this State,” was read the third time and passed.

Received from the Senate the following message:

Mr. Speaker and Gentlemen:

This House agree to ballot immediately for an assistant Judge and nominate for that appointment the same Gentlemen you propose.

Received from the Senate a Resolve directing the Comptroller to call on the Clothiers therein mentioned, and a resolve directing the Comptroller to pay to the Commissioner therein mentioned, &c.; which being read, were concurred with and returned.

Received from the Senate the resolve directing the Comptroller General to credit Nathan Keais as therein mentioned, concurred with by that House.

Resolved, That Robert Fenner be allowed the sum of thirty-five pounds four shillings for that sum by him paid for his Board when in service of the State, in taking care of the State Cloathing; That the Treasurers, or either of them, pay him the same and be allowed.

Mr. Payne, from the joint balloting for an assistant Judge, reported that David Campbell, Esquire, was elected Assistant Judge by a Majority of the votes of both Houses.

The House taking the said report into consideration concurred therewith.

Mr. Maclaine, according to order, delivered in the following protest, vizt.:

Protest against the passage of the Bill for repealing an act commonly called the cession act.

Dissentient:

Because, however ill founded the policy on which the cession of the western lands to the United States in Congress assembled was made, we conceive the grant by the act ceding the same irrevocable on the part of this State, and therefore the repeal disgraceful. That this step taken by the last session of Assembly was and is irrevocable we are convinced from our own reason, which (did it want support) is strongly confirmed from the conclusion of the protest entered into against the cession by many members of the last Assembly, who as members of this Assembly have advocated and voted for the repeal, but were the territory thus granted within our reach we cannot

-------------------- page 831 --------------------
but believe it inconsistent with the true interest of the State to recall to our possession a Country the inhabitants of which reject our Government, contribute not to its support, and who as long as they remain unwillingly attached to its empire remain a weight to our expence without relieving our public burthens.

Because, the reasons set forth in the preamble are not supported by any testimony, to induce us to believe them founded otherwise than in an unjustifiable suspicion of the Grand Council of the Fœderal Union of the United States of America, which may render our claims when brought forward to future account between this and the United States in Congress, objects of difficult settlement.

Because, the cession made by the act of the last General Assembly, and repealed by this Law, will in our opinion, have the worst tendency in contributing towards the continuance and increase of that division in the Councils of the United States, from whence have already proceeded many evils, and from the removal of all discord in our Congress rests (as we conceive) the future happiness and prosperity of North America.

Because, by the repeal of the cession made to Congress without any increase to the strength of the State, the inhabitants of the Western Country forming one tenth of the numbers of the people, by so much will increase the weight of our debt in the settlement of the expences of the War, the number of the people forming the Criterion by which the said debt is to be discharged.

Because, in the attempt to recall our Grant made under the act now repealed we prove ourselves unworthy to receive for North Carolina any benefit resulting from the liberal cessions of Western Territory made by other individual States to the United States in Congress Assembled, as a common fund for the use and benefit of the United States.

Because, between the absolute grant of the Western Territory made by one act, and further confirmed by another act of the last Session of Assembly, but from the tenor of the present act re-annexed to North Carolina the Government of the Western Country, will apparently pertain to both Congress and to this State and seem to belong to neither; during the confusion which must naturally spring from such situation the numerous inhabitants resident in the Country contended for, may from necessity erect themselves

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into a distinct Government inconsistent with the benefits expected by the United States and subversive of our own pretended claims and the rights saved to our Citizens under the conditions of the act of Cession.

Desirous that our names as representative of the free men of North Carolina should be rescued from the disgrace attendant on a measure derogatory to the honour and advantage of the State, destructive of the harmony of the United States, inconsistent with the interests of our constituents and which may produce confusion and distress to our brethren westward of the Alleghany Mountains, we have for these reasons solemnly entered into and signed this our protest that the Misfortunes incident to this measure may not be chargeable to us, by our contemporaries or by posterity.

Signed:
Robert Diggs,
A. Maclaine,
John Sheppered,
Michl Payne,
Nathan Mayo,
John Hay,
Tho. Alderson,
Clem Hall,
John Jordan,
B. McCulloch,
Richd. Moye,
Zed. Stone,
John Reed,
Wm. Bryan,
Spyers Singleton,
B. Jones,
J. G. Blount,
Wm. Randall,
Ed. Starkey,
I. Ross.

Received from the Senate a message proposing to this House that they should consent that the following clauses should be erased from the Bill directing the sale of confiscated property, vizt.:

And whereas, There are debts to a very considerable amount due and owing by the inhabitants of this State to divers persons whose Estates have been confiscated who do not come within the description of those whose interests are secured by the fourth Article of the Treaty of Peace; And whereas, it is just that all such debts should be paid into the Treasury for the use of the State, otherwise they will necessarily fall into the coffers of individuals who have received the full value of what they owe:

Be it therefore enacted by the authority aforesaid, that the Commissioners appointed by this act shall demand and receive of, and from all, and every person and persons whose estates have been

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confiscated previous to the cession of hostilities and whose interests are not secured by the Treaty of Peace, and the Commissioners shall and they are hereby invested with full power and authority to demand and receive all debts due to such persons and to give receipts and releases for the same which shall be good and effectual to discharge the respective debtors for so much as shall be actually paid in the same manner as if the payments had been made to the original creditors before any confiscation of such debts took place.

And be it enacted by the authority aforesaid, that if any person or persons owing any such debts as aforesaid or having in his or their hands or possession any such account Books, Bonds, Mortgages or other writings which may contain any proof, or lead to the discovery of any proof of any such debts, and shall refuse or neglect to pay or deliver the same to the Commissioners who shall make demand therefor, the Commissioners for the time being may commence and prosecute any action in Law or Equity for the recovery or discovery of such debts, accounts, books, bonds, mortgages, notes, and other writings respectively, which suit shall be in his own name for the use of the State, and judgment shall be had thereon in the same manner as if such suit had been commenced and prosecuted by the original creditor before any confiscation had taken place, any Law to the contrary notwithstanding, and as an encouragement to all persons indebted as aforesaid to pay up their respective debts by virtue of this act;

Be it enacted by the authority aforesaid, that all and every person and persons so indebted paying the full amount of his or their respective debt or debts to the Commissioner authorized to receive the same, shall not be chargeable with any interest thereon for the time comprehended between the tenth day of September, one thousand seven hundred and seventy-five until the ratification of this act, any Law to the contrary notwithstanding. But that the payment of the principal with the Interest to the said Tenth day of September, one thousand seven hundred and seventy-five, and after the ratification of this act, shall entitle him or them to a full discharge from such debt.

And whereas, it may have happened that persons who have paid sums of money due and owing for such debts into the hands of Commissioners

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of confiscated Estates, or into the public Treasury, and have obtained acquittances or other discharges in full for what they were supposed to be indebted may, notwithstanding, not have paid the full amount of what they respectively owed, and it would be unjust to deprive the State of any part of such confiscated debts. Be it therefore enacted by the authority aforesaid, that all persons who may have paid partial payments of such debts due and owing by them as aforesaid, though they may have obtained full discharges for the whole thereof, shall be considered in the same situation as those whose debts are yet altogether due, for so much as may yet remain unpaid.

And be it further enacted by the authority aforesaid, that all persons so indebted as aforesaid, who do not, whether the same shall be demanded or not, deliver to the Commissioner of their respective district within one year after the passing of this act, a just and true account on oath to the best of their knowledge and belief, of their respective debts, and how the same arose and became due, shall and may be sued and prosecuted for the recovery of such debt or debts by the original creditors, or their legal representatives, who shall recover from such debtor or debtors the full amount of what may be justly due, with Lawful Interest thereon for the whole time such debts have been payable, any thing in this or any other act to the contrary notwithstanding, in which suits and prosecutions no plea of limitation shall be received or admitted of.

And be it further enacted by the authority aforesaid, that in payment of the aforesaid debts, Specie, Specie Certificates or Currency of the State shall be received. Provided always, that this act shall not extend to the property of Edward Bridgen and —— Waller of the City of London, Merchants and Partners, or to the property of either of them, any Law to the contrary notwithstanding, but that the sale of such property shall be suspended until the end of the next General Assembly.

A motion was made and seconded that this House should agree to the proposition of the Senate in erasing from the Bill the above clauses, which was objected to; the question being put it was carried in the affirmative, whereupon the yeas and nays were required by Mr. Person, which are as follows, vizt.:

Yeas—Messrs. M. Payne, T. Bloodworth, Bryan, White, C. Hall,

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J. Reddick, Lytle, Mebane, Moye, Diggs, S. Singleton, Alderson, J. Bloodworth, Yates, Shepperd, Starkey, Moore, Reed, T. Jones, Mayo, Leak, Humphries, Franklin, Herndon, Outlaw, Withrow, Ross, Dickson and R. Singleton.—29.

Nays—Messrs. B. Jones, J. Paine, Kendall, Hay, Martin, Stewart, Hamilton, Dejarnatt, Robins, A. Hill, Stone, Sharpe, Kerr, Person, D. Hall, Lewis, Yancey, Phifer, Wilson, Davie, Sloan, McKissick, Mackay, McCullock, Gray and Flowers.—26.

The House adjourned till To-morrow morning 7 o’clock.


Friday, 26 November, 1784.

The House met according to adjournment.

The House resumed the consideration of a Resolve of the Senate of the 11th Inst. impowering the Governor for the time being to carry into effect an act therein mentioned, when it was concurred with and returned.

Received from the Senate the report of the Committee on the Acct. of John Taylor. On the Petition of Henry Guthery. On the Petition and Acct. of John Penn, Esq., for attendance in Congress. On the Petition and Accts. of John Williams, Esq., for attendance in Congress. On the Accounts of Judge Ashe, Judge Spencer, and Judge Williams, for the depreciation of their Salaries, heretofore received. Respectively endorsed, read and concurred with.

Whereas, it hath been represented to this Assembly that Rice Bass, John Bass, Herman Bass, William Roberts, Thomas Dean, junior, and Daniel Miller stand indicted in the Superior Court of Law and Equity for the District of New Bern, for the murder of Martin Franks and James Blackshare, two of the citizens of this State, and although process of Law hath several times issued against them yet by their continuing in arms and shifting from County to County they have hitherto eluded the execution thereof and still lye out in obscure places frequently committing thefts and other depredations on the property and sometimes violences on the persons of individuals.

Therefore resolved, That His Excellency the Governor, or commander-in-Chief for the time being, be and he is hereby authorized, impowered and required to issue a Proclamation thereby requiring the said Rice Bass, John Bass, Herman Bass, William Roberts,

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Thomas Dean, junior, and Daniel Miller, and each of them to surrender him or themselves to some one of the Judges of the Superior Courts or Justices of the Peace within ninety days after the date of such proclamation to be dealt with according to the nature of his or their offences; and in case, the said Rice Bass, John Bass, Herman Bass, William Roberts, Thomas Dean, Jun., and Daniel Miller do not surrender themselves agreeable to the Tenor of such Proclamation, then or in such case the Governor or Commander-in-Chief as aforesaid is also authorized, impowered and required to offer a reward of fifty pounds to any person or persons for each and every of the said offenders whom he or they shall apprehend and bring to Justice.

Ordered that this Resolve be sent to the Senate for concurrence.

Received from the Senate the above resolve concurred with.

Resolved, That this House have a due sense of the assiduity and ability manifested by the Honourable the Speaker thereof in discharge of the many and important duties incident to his appointment during the whole of this present session.

The Business of the session being ended, Resolved, That the Speaker do sign the several Acts as the Acts of the General Assembly and the Journal as the Acts of this House.

By order,
J. Hunt, C. H. C.