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Minutes of the North Carolina House of Commons
North Carolina. General Assembly
November 03, 1788 - December 06, 1788
Volume 21, Pages 1-192

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HOUSE JOURNAL---1788.


North Carolina,
In the House of Commons.

At a General Assembly begun and held at Fayetteville on the third day of November, in the year of our Lord one Thousand Seven hundred and Eighty Eight and in the Thirteenth Year of the Independence of the United States of America: It being the first Session of this Assembly.

The returning officers for the several Counties certified that the following Persons were duly Elected as Members to represent the Same in this House, viz:

For Anson,
Bladen, John Brown & Samuel Cain;
Bertie, William Horn & Francis Pugh;
Brunswick, Jacob Leonard and John Cains;
Burke, Joseph McDowell & Jo. McDowell, Jun.;
Beaufort,
Craven, Richard Nixon & John Allen;
Carteret, John Fulford & William Sheppard;
Chowan, Stephen Cabarrus & Samuel Creecy;
Currituck, Thomas Pool Williams & Griffith Dauge;
Cumberland, John McKay & William B. Grove;
Camden, Peter Dauge & Enoch Sawyer;
Caswell, Benjamin Douglass & John Graves;
Chatham, James Anderson & Joseph Stewart;
Duplin, Robert Dickson and Charles Ward;
Dobbs,
Davidson, Elijah Robertson & Thomas Hardiman;
Edgecombe, William Fort & Joshua Killebrew;
Franklin, Jordan Hill and Britain Harris;
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Granville, Thomas Person & Elijah Mitchell;
Gates,
Greene,
Guilford, John Hamilton & William Gowdy;
Halifax, John Jones & John Branch;
Hyde,
Hawkins,
Hertford, Henry Baker & Henry Hill;
Johnston, William Ward & John Bryan, Jun.;
Jones, William Randal & John Hill Bryan;
Lincoln, John Moore & William Maclaine;
Martin, William Williams & Ebenezer Slade;
Moore,
Montgomery, James Tindal & Thomas Ussory;
Mecklenburg, Caleb Phifer & Joseph Douglass;
Northampton, John Knox;
Nash, Wilson Vick & John Bonds;
New Hanover,
Orange, Alex Mebane & Jonathan Lindley;
Onslow, Daniel Yates & Reuben Grant;
Pasquotank, Edward Everagin & Devotion Davis;
Perquimans, Joshua Skinner & Joseph Harvey;
Pitt, John Moye and Shadrick Allen;
Randolph, Zebedee Wood & William Bell;
Rowan, David Caldwell;
Rutherford, William Porter;
Rockingham, William Bethell & Abram Phillips;
Robeson, Elias Barnes & Neill Brown;
Richmond;
Surry, George Houser & William T. Lewis;
Sullivan,
Sampson,
Sumner, William Walton & James Clendenning;
Tyrrel, Simeon Spruill & Samuel Chesson;
Washington, James Stewart & John Blair;
Warren, Wyatt Hawkins & Henry Montfort;
Wilkes, John Brown and Joseph Herndon;
Wake, James Hinton & Britain Sanders;
Wayne, William Taylor & James Handley;
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Town of Hillsborough, Absalom Tatum;
Halifax, Goodorum Davis;
Edenton, William Cumming;
New Bern, John Sitgreaves;
Wilmington, Edward Jones;
Salisbury, John Steele;

Pursuant to which the following Members appeared and took the Oaths by Law appointed for the qualification of Members of the General Assembly, Subscribed the Same, and took their Seats, viz:

John Brown,
Samuel Cain,
William Horn,
Francis Pugh,
John Cains,
Joseph McDowall,
Jo. McDowall, Jun.,
Richard Nixon,
John Allen,
William Sheppard,
Stephen Cabarrus,
John Fulford,
Lemuel Creecy,
Thos. P. Williams,
Griffith Dauge,
William B. Grove,
Peter Dauge,
Enoch Sawyer,
William Wood,
John Bryan,
William Randal,
John Hill Bryan,
John Moore,
William Maclaine,
William Williams,
Ebenezer Slade,
James Tindal,
Thomas Ussory,
Caleb Phifer,
Joseph Douglass,
John McKay,
Benjamin Douglass,
John Graves,
James Anderson,
Joseph Stewart,
Robert Dickson,
Charles Ward,
Elijah Robertson,
Thomas Hardiman,
William Fort,
Jo. Killebrew,
Jordan Hill,
Brittain Harris,
Elijah Mitchell,
John Hamilton,
William Gowdy,
John Jones,
Henry Baker,
William Porter,
William Bethell,
Abram Phillips,
Elias Barnes,
Niell Brown,
George Houser,
William T. Lewis,
William Walton,
James Clendening,
Simon Spruill,
Samuel Chesson,
James Stewart,
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John Bonds,
Alexander Mebane,
Daniel Yates,
Reuben Grant,
Edward Everagin,
Devotion Davis,
Joshua Skinner,
Joseph Harvey,
John Moye,
Shadrick Allen,
Zebedee Wood,
William Bell,
David Caldwell,
Edward Jones,
Wilson Vick,
John Knox,
John Blair,
Wyatt Hawkins,
Henry Montfort,
John Brown,
Joseph Herndon,
James Hinton,
Brittain Sanders,
William Taylor,
James Handley,
John Branch,
Absalom Tatum,
Goodorom Davis,
William Cumming,
John Sitgreaves,
John Steele,
Jonathan Lindley.

Mr. Wyatt Hawkins proposed for Speaker, John Sitgreaves, Esqr., who was unanimously chosen and conducted to the Chair.

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

On motion, James Malloy & Peter Gooding were appointed Door Keepers.

Received from the Senate the following Message:

Mr. Speaker and Gentlemen:

The Senate are now formed and ready to proceed on public business.

The House Adjourned till To-morrow Morning 10 O’clock.


Tuesday, 4 November, 1788.

The House met according to adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have received the Message of the Senate acquainting them that that House is formed and ready to proceed on the dispatch of public business, in answer to which we inform you this House is also formed.

Mr. Thomas Person one of the Members for Granville County, Mr. Lewis Holmes one of the Members for Sampson County, Mr.

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Benjamin Sheppard & Mr. Nathan Lassiter the Members for Dobbs County, and Mr. William Martin one of the Members for Moore County, appeared and took their Seats.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Message which accompanies this we propose shall be handed His Excellency the Governor, should it meet your Concurrence Mr. Blount and Mr. Williams will, on the part of the Senate, attend and present him with the same.

Ordered that the following Message be sent to the Senate.

Mr. Speaker and Gentlemen:

We have agreed to the address proposed to be presented His Excellency the Governor, & appointed Mr. Cabarrus & Mr. Steele to attend His Excellency with the same.

On a motion, made by Mr. Cabarrus and seconded by Mr. Steele,

Resolved, That the Members who qualified and took their Seats this Morning be called upon to assign reasons upon Oath or affirmation, why they did not appear, qualify and take their seats on yesterday; whereupon Mr. Benjamin Sheppard, Mr. Nathan Lassiter, Mr. Lewis Holmes and Mr. William Martin were called upon who rendered upon Oath such reasons for their non-attendance as the House deemed sufficient.

Mr. Miles King and Mr. Edward Williams the Members for Richmond County, Mr. William King one of the Members for Sampson County, Mr. Jacob Leonard one of the Members for Brunswick County, Mr. Lewis Lanier, Mr. Pleasant May the Members for Anson County, appeared, were qualified & took their Seats.

Ordered that the Members who last appeared & qualified be called upon to render reasons upon Oath or affirmation why they did not appear and qualify on yesterday. Pursuant to which Mr. Jacob Leonard, Mr. Edward Williams, Mr. Lewis Lanier, Mr. Pleasant May & Mr. William King rendered upon Oath reasons for their not qualifying, that were deemed sufficient by the House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have appointed Mr. Dixon, Mr. Graham, Mr. Hunt, Mr. Harget, Mr. Tipton, Mr. Dupree, and Mr. Brickell a Committee of Claims who will act jointly with such Gentlemen as you may think

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proper to appoint for this purpose. We have also appointed Mr. Lane, Mr. Overton, Mr. Montgomery, Mr. McKinne, Mr. Ramsev, Mr. Reddick, and Mr. Holmes, on the part of the Senate, a Committee of Propositions and Grievances.

Ordered that the following message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that a Committee be appointed from both Houses to enquire into the present state and condition of the public revenue and to make report thereon. We have on our part appointed Mr. Tatum Mr. Cumming, Mr. Jo. McDowell, Sr., Mr. Skinner, Mr. Edward Jones, Mr. Lindley, Mr. William Maclaine, Mr. Barnes, Mr. Bethel, Mr. John Jones, Mr. Edward Williams, Mr. McDowall, Jun., and Mr. Branch. We have appointed Mr. Stewart, Mr. Phillips, Mr. Leonard, Mr. Porter, Mr. King, Mr. Phifer, Mr. Hinton, Mr. Harvey and Mr. Joseph McDowall to act with the Gentlemen you have appointed as a Committee of Claims. We have also appointed Mr. Person, Mr. Elijah Roberson, Mr. Phifer, Mr. Hardiman, Mr. Dauge, Mr. Sanders, Mr. Creecy, Mr. Everagin and Mr. John Brown to act on our parts as a Committee of Propositions and Grievances.

Resolved, That Mr. Gowdy, Mr. Houser, Mr. McDowall, Mr. Branch, Mr. Dickson, Mr. Hamilton, Mr. Anderson, Mr. Person, Mr. Lewis, Mr. Brown, Mr. Maclaine and Mr. King, be a Committee of Privileges and Elections.

Resolved, That the Committee appointed to enquire into the State and Condition of the Public Revenue be directed to examine into and report the nett produce of our revenues and the amount and nature of our Public debts, who shall extend their enquiries into the present state of the Treasury, the application of the Monies levied and collected in the year 1787 and 1788, that they be authorized to call on His Excellency the Governor, the Treasurer, the Comptroller, the Commissioners, for purchasing Tobacco, the Commissioners of Confiscation, and all other Officers Concerned in receiving, appropriating and accounting for the Public Monies, or other persons and Papers they may deem necessary to such investigation, that they report from time to time as soon as possible on such Matters concerning the Public Monies or revenues, and also make up an estimate of the expences of the foreign and incidental charges of the ensuing year; And that before the end of this Session or as soon as possible they

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form a full statement of the debts, funds and revenues of the State, which shall be printed and bound up with the Laws Enacted this Session.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that a joint Committee be appointed to consider of and report what Bills of a general nature are necessary to be passed into laws at the present Assembly and to prepare and introduce the same; for this purpose we have appointed Mr. Caswell, Mr. Jones, Mr. Charles Johnston, Mr. Lenoir, Mr. Bloodworth, Mr. Hunt, Mr. Willis, Mr. Amis and Mr. Gaither.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have on our part appointed Mr. Person, Mr. James Stewart, Mr. Cabarrus, Mr. Steel, Mr. Grove, Mr. Cumming, Mr. Jo. McDowal, Mr. Gowdy, Mr. Mebane, and Mr. Horn to act with the Gentlemen by you appointed as a Committee to consider of and report what Bills of a Public nature are necessary to be passed into laws at the present Session and to prepare the same.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

It is the sense of this House that three Engrossing and Committee Clerks be made choice of by ballot this Evening at four O’clock, and nominate Mr. Abisha Thomas, Mr. Curtis Ivey, Mr. Pleasant Henderson, Mr. James Rhodes and Mr. Joseph Dixon. We also propose that those three, who on casting up the Poll shall appear to have the greatest number of votes, be deemed duly elected, tho’ they may fall short of a Majority of the votes of the two Houses. Should these propositions meet your approbation Mr. Overton and Mr. Dupree will, on the part of the Senate, conduct the balloting. We further propose that the Superintendent, in order to save time, wait on the Houses separately to receive the ballots.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We concur with your propositions relative to the Election of Engrossing and Committee Clerks and have on our part appointed Mr. Ward and Mr. Hawkins to Superintend the balloting.

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Received from the Senate the representation of Francis Child, Esquire, Comptroller. Endorsed, In Senate, read and referred to Mr. Jones, Mr. Gregory, Mr. Caswell and Mr. Blount; which being read was referred on the part of this House to Mr. Cabarrus, Mr. Person, Mr. Mebane, Mr. Steele, Mr. Gowdy, Mr. Williams, Mr. E. Jones & Mr. Cumming.

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

Ordered that Mr. Withrow be called upon to render on Oath reasons why he did not appear and qualify as a Member of this House on yesterday. Mr. Withrow was accordingly called upon who rendered such reasons as were deemed sufficient.

Adjourned till 4 O’clock.

Met according to adjournment.

Mr. Thomas Carson one of the Members for Rowan County, appeared, was qualified and took his seat; whereupon Mr. Carson was called upon to render reasons upon Oath for his Non-attendance on yesterday, which he accordingly did; and they were deemed sufficient.

Mr. Jos. McDowall presented the Memorial of John Williams, Esquire, late Commissioner of Specifics in Caswell County, which being read was referred, on the part of this House, to the Committee of Propositions and Grievances & sent to the Senate.

Received from the Senate a presentment of the Grand Jury of Morgan District, which being read was ordered to lie on the Table.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemn:

We agree with you in the appointment of a Committe to enquire into the present State and Condition of the Public revenue, and have nominated Mr. Blount, Mr. Williams, Mr. Macon, Mr. Gregory, Mr. Graham and Mr. Hunt, who will act jointly with the Gentlemen by you named for this purpose.

Mr. Speaker & Gentlemen:

We have added to the nomination for Engrossing and Committee Clerks, Mr. Duncan Ockletree.

Resolved, That the following rules of decorum be observed during the sitting of this House.

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That no Person shall pass between the Speaker and the Person speaking.

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

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

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

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

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

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

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

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

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

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

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

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

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


Wednesday, 5 November, 1788.

The House met according to adjournment.

Mr. Henry Hill one of the Members for Hertford County, appeared, was qualified and took his Seat.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have added Mr. Cabarrus to the Committee appointed

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to enquire into the present State and Condition of the Public revenues.

Mr. Mebane presented the Memorial of William Jamison, which being read was referred to the Committee of Propositions and Grievances, on the part of this House, and sent to the Senate

Mr. Mebane presented the Memorial of William Courtney, which being read was referred to the Committee of Propositions and Grievances, on the part of this House, and sent to the Senate.

Mr. Henry Hill one of the Members for Hertford County being called upon to render to the House reasons for not appearing and qualifying as a Member of this House on the day appointed for its meeting, informed the House he had no reason to offer; whereupon it was considered that he had incurred the penalty prescribed by law.

Received from His Excellency the following Message:

To the Honourable the General Assembly:

Gentlemen:

In pursuance of your message of yesterday, I herewith send you such of the public dispatches and Documents as appear to me of importance and claim your immediate attention.

The first object which calls for your serious attention is the proceeding of the late Convention of the people of Hillsborough, and the situation into which the State will be cast on the meeting of the Congress of the States United under the new Federal Constitution, as this State will not be represented in that Congress and her interest may be eventually affected by their proceedings; you will consider of the best method to obviate any inconvenience which may arise from the particular circumstances of the situation, and direct such mode of communication as may appear most eligible until the new Constitution is altered, so as to meet the approbation of the people of this State, and they become united with the other States.

You will perceive from the papers I now lay before you the unsettled and unhappy situation of the Inhabitants of this State on the western waters. The outrages and hostilities which have been mutually committed between them and the neighboring Tribes of Indians, have greatly alarmed not only the Neighboring States, in General, but the United States insomuch that Congress have ordered Troops to be in readiness to protect the Indians from Insults in future and the more effectually to secure the Peace of the United States.

I submit to you the expediency of enacting such regulations as

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may be effectual to settle such disputes as may unfortunately hereafter arise between the Citizens of this State and the neighboring Tribes of Indians, in such manner as to avoid Blood shed and effectually bring to immediate punishment all who shall presume to violate the Treaties subsisting between the United States and the Indian Nations.

I decline appointing a Commissioner to treat with the Indians in conjunction with the States of South Carolina and Georgia, in pursuance of the resolve of Congress, observing that by the Instructions from Congress it was intended these Commissioners were to settle the Boundary between this State and the Indians, a power which appeared to me improper to be entrusted in any person but such as were appointed by the Legislature.

I submit to you the necessity of enacting a Law for the punishment of Piracy and Robberies at Sea, to give power to apprehend and secure Subjects and Citizens of other States and Kingdoms, Guilty of Crimes, who are fugitives from Justice and take up their residence in this State, and also to prevent the importation into this State, from other Kingdoms and States, of convicted Felons.

You will receive an Act of the Virginia Assembly, similar to one which was before the last Assembly held at this place and laid over for consideration, for cutting a Navigable canal between the waters of Pasquotank in this State, and the waters of Elisabeth river in the State of Virginia, to take effect whenever the General Assembly of this State shall pass an Act for that purpose. There is likewise a Resolve of the Virginia Assembly respecting the Boundary line between the two States which requires your immediate Consideration that I may be enabled to return an answer to the State of Virginia.

I forwarded the Resolve of the last Assembly respecting the navigation of the Mississippi to your Delegates in Congress, who have obtained an explicit Declaration of Congress avowing the undoubted right of the Citizens of the United States to the Navigation of that River.

The Continental Treasurer of Loans in this State has refused to receive from me the Warrants and other Securities of the United States which were ordered by the last Assembly to be taken up, and contends that Warrants should issue in favour of the holders on the Treasury of this State for the amount. You will be pleased to direct

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in what manner they shall be disposed of so that this State may obtain Credit for them with the United States.

It has not been in my power to dispose of the Tobacco purchased for the use of this State, the proposals made to me by persons desirous of purchasing could not with safety be accepted; no individual could pay the Money till some time after the delivery of the Tobacco. I thought it would be hazardous to give Credit, as in Case of a Suit agreeable to the decisions of our Courts, the State might sustain a considerable loss; these decisions are founded on the Act regulating the value of the Currency, a Law which however just in its first Commencement has from a certain Concurrence of Circumstances become grievous and oppressive; I would therefore earnestly recommend to you a revision of the Laws regulating exchange and the relative value of the Paper Currency, and Specie, in such manner as to restore Credit to the Publick and to individuals that mutual trust and Confidence so essential to the welfare and prosperity of every State.

SAML. JOHNSTON.

Fayetteville, November 5, 1788.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a file of Papers, endorsed “papers relative to the Inhabitants on the Western Waters,” part of the papers transmitted by His Excellency the Governor, which we propose referring to a Select Committee, and have appointed on the part of this House Mr. McDowall, Mr. Hamilton, Mr. McDowall, Jun., Mr. Caldwell, Mr. Sawyer, Mr. Steele, Mr. Jas. Stewart, Mr. Maclaine and Mr. E. Robertson.

Received from the Senate the Memorial of William Jamison, Wm. Courtney & John Williams. Severally endorsed, In Senate, read and referred as by the House of Commons.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

A file of Papers endorsed “Letters from the Comptroller and Commissioner for settling accounts,” this day received from His Excellency the Governor, & herewith sent you, we propose shall be referred to the Committee appointed on the representation of the Comptroller.

Ordered that the following Message be sent to the Senate:

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Mr. Speaker & Gentlemen:

We herewith send you a message from His Excellency the Governor, with the several public dispatches and papers therein referred, to which we propose referring to the Committee on revenue, except those already referred.

Received from the Senate the Petition of Sarah Dupree. Endorsed, In Senate, read and referred to the Committee of Claims, which being read, was referred to the same Committee by this House and returned.

Mr. Cabarrus presented the Memorial of Michael Weldair, which being read was referred by this House to the Committee of Propositions and Grievances and sent to the Senate.

The House adjourned until To-morrow Morning 10 O’clock.


Thursday, 6th November, 1788.

The House met according to adjournment.

Mr. John Pugh Williams and Mr. Thomas Devane the Members for New Hanover County, and Mr. William Mears one of the Members for Moore County, appeared, were qualified and took their Seats.

Mr. John Pugh Williams, Mr. Thomas Devane and William Mears being called upon to render reasons upon Oath for their non-attendance on the day appointed for the meeting of the General Assembly, rendered reasons that were deemed sufficient.

Received from His Excellency the Governor, the following Message:

To the Honourable the General Assembly:

Gentlemen:

This accompanies a Letter from Mr. Williamson one of your Delegates in Congress, with sundry authentick Documents relating to the Debt due from this State to the United States; as this appears to me a subject of the first importance to the State, I earnestly recommend it to your most serious & attentive Consideration, and Submit to you how far it may be necessary to appoint a person of known integrity and approved abilities to attend the Commissioners, in order to solicit and explain the just Claims of this State against the United States.

SAML. JOHNSTON.

Fayetteville, October 5, 1788.

Ordered that the following Message be sent to the Senate

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Mr. Speaker & Gentlemen:

We herewith send you a Message this day received from His Excellency the Governor, addressed to the General Assembly, together with the Letter and Documents therein referred to, which we propose referring to the Committee on Revenue.

Ordered that Mr. John Pugh Williams and Mr. Steele be added to the Committee on Revenue, and Mr. Moore to the Committee of Propositions and Grievances.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. John Pugh Williams and Mr. Steele to the Committee on Revenue and Mr. Moore to the Committee of Propositions and Grievances.

Mr. Steele presented the Petition of Robert Linn, late Commissary of Militia, praying, &c.; which being read was referred by this House to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Steele presented the Petition of Robert Linn, Guardian of the orphans of Philip Rough, praying, &c.; which being read was referred to the Committee of Propositions and Grievances by this House and sent to the Senate.

Mr. Steele presented the Petition of sundry of the Inhabitants of Rowan County praying a division thereof, which being read, Mr. Steele then moved for leave and presented a Bill agreeable to the prayer thereof, which was read the first time, passed and sent to the Senate.

Mr. Herndon presented the Petition of Sundry of the Inhabitants of the Western Counties, praying, &c.; which being read was referred by this House to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Maclaine presented the Petition of Daniel McKissick, praying, &c.; which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Edward Jones presented the Memorial of Edward Bridgen of the City of London, Merchant, setting forth, &c.; which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Bonds presented the Petition of Wilson Taylor, praying, &c.;

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which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Maclaine presented the resignation of Francis Cunningham as a Justice of the Peace for Lincoln County, which being read was accepted by this House and sent to the Senate.

Mr. Wyatt Hawkins, from the joint balloting for three Engrossing and Committee Clerks, reported that Pleasant Henderson, Curtis Ivey & Abashai Thomas were Elected by a majority of Votes.

The House taking this report into Consideration Concurred therewith.

Mr. Benjamin Douglass, moved for leave and presented a Bill to establish the Town already laid off at the Court House in Caswell County, which was read the first time, passed and sent to the Senate.

Mr. Person moved for leave and presented a Bill to correct the errors and mistakes in an Act entituled “an Act to amend an Act entituled an Act to remove all disabilities from Simon Cleary and others therein named,” which was read the first time, passed and sent to the Senate.

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


Friday, 7 November, 1788.

The House met according to adjournment.

Mr. George Maxwell and Mr. John Scott the Members for Sullivan County, appeared, were qualified and took their Seats.

Mr. Maxwell and Mr. Scott being called upon to render reasons upon Oath for their non-attendance on the day appointed for the meeting of the General Asembly, rendered such reasons as were deemed sufficient.

Ordered that Mr. Maxwell be added to the Committee to whom was referred the Papers relative to the inhabitants on the Frontiers, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. Maxwell to the Committee to whom was referred the file of Papers relative to the Western Inhabitants and Indian Affairs.

Mr. Coor presented the Petition of sundry of the Inhabitants of Rowan County praying a division thereof, which being read, Mr. Carson then moved for leave and presented a Bill agreeable to the

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prayer thereof, which being read the first time was passed and sent to the Senate.

Mr. Elijah Roberson presented the Petition of Sundry of the Inhabitants of Davidson County, praying a division thereof, which being read, Mr. Roberson then moved for leave and presented a Bill agreeable to the prayer thereof, which was read the first time, passed and sent to the Senate.

Mr. Miles King moved for leave and presented a Bill to erect and establish an Academy in the County of Richmond, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Messages, to-wit:

Mr. Speaker & Gentlemen:

We agree with you in referring the Papers laid before this Assembly by His Excellency the Governor, relative to the Inhabitants on the Western Waters, to a Special Committee and have appointed Mr. Tipton, Mr. Caswell, Mr. Jones, Mr. Amis, Mr. Blount, Mr. McDowall and Mr. Gregory to act jointly with the Gentlemen by you named for this purpose.

Mr. Speaker & Gentlemen:

We agree that the file of Papers laid before the Assembly by His Excellency the Governor, respecting the Offices of the Comptroller and Commissioner of Accounts be referred to the Consideration of the Committee appointed on the representation of the Comptroller.

Mr. Speaker & Gentlemen:

We have added to the Committee apointed to examine and report on the State of the Public Revenue, Mr. Willie Jones and Mr. Charles Johnson.

Mr. Speaker & Gentlemen:

We have received your Message inclosing an address from His Excellency the Governor, of yesterday’s date together with the Papers therein alluded to, but do not agree to the whole of the references by you made. It is the opinion of this House that the Paper relating to Indian Treaties be reported on by the Committee appointed on the Papers relative to the disorders in the Western parts of this State. That the file of papers relating to the several Conventions, Letters from the Secretary of Foreign Affairs and those from the Governor of Virginia be submitted to the Consideration of the Committee appointed to report what Bills of a public nature are necessary to be

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passed at the present Assembly. As to those not herein mentioned we agree that they stand referred as by you proposed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the several Papers, relative to Indian Treaties & to the several Conventions, from the Secretary of Foreign affairs & the Governor of Virginia, be referred as by you proposed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the Message from His Excellency the Governor, of this day together with its enclosures, be referred to the Committee appointed to report on the present State of the Public revenue.

Received from the Senate the following Petitions, to-wit: Edward Bridgen of the City of London, Robert Linn in behalf of the Orphans of Philip Rough, Wilson Taylor, Sundry the Inhabitants of the Western Country, Daniel McKissick & Robert Linn. Severally endorsed, In Senate, read and referred as by the House of Commons.

Mr. Miles King moved for leave and presented a Bill to establish an Inspection of Tobacco in the County of Richmond on the land of William Blewett, on the South East side of the Pee Dee river; which was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of John Williams, eldest surviving son of James Williams, late of South Carolina, Deceased. Endorsed, In Senate, read and referred to the Committee of Propositions and Grievances; which Memorial being read was referred as by the Senate, and returned.

Received from the Senate the Report of the Committee on the representation of the Comptroller. Endorsed, In Senate, read and Concurred with; which report being read was Concurred with by this House and returned.

Mr. Miles King moved for leave and presented a Bill to empower the Commissioners therein mentioned to build a Gaol in each of the Counties of Richmond and Anson, and to levy a Tax to defray the Expence thereof; which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for dividing the County of Rowan. Endorsed, In Senate, read the first time and passed.

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

Received from His Excellency the Governor, the following Messages:

To the Honourable the General Assembly:

Gentlemen:

I herewith lay before you all the returns and other Documents relating to the Battalion Commanded by Major Thomas Evans.

SAML. JOHNSTON.

Fayetteville, November 7, 1788.

To the Honourable the General Assembly:

Gentlemen:

For your further information on the subject of the Indian Affairs, I send you two Letters which have come to my hand since my message of the fifth Instant, you will receive at the same time a Continuation of the Journals of Congress, to the first day of October.

SAML. JOHNSTON.

Fayetteville, November 7, 1788.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you two Messages this day received from His Excellency the Governor, one enclosing the returns and documents relating to the Battalion Commanded by Major Thomas Evans, the other inclosing two Letters on the subject of Indian Affairs; the former we propose referring to the Committee on revenue, the latter to the Committee on Indian Affairs.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

In order that the several Committees may have an opportunity of preparing the business of the Session we propose that the two Houses adjourn until Monday next.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the two Houses of the General Assembly adjourn until Monday next as by you proposed.

Ordered that the following Message be sent to the Senate:

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Mr. Speaker & Gentlemen:

We propose that the General Assembly proceed to ballot on Tuesday next in the afternoon for a Governor of this State for the ensuing year, and a Council of State. We nominate for Governor, His Excellency Samuel Johnston, Esq. For Councillors of State, John Kinchen, John Mair, John Skinner and Whitmell Hill, Esquires.

Received from the Senate the following Bills. Endorsed, In Senate read the first time and passed; viz:

A Bill to annex part of the County of Carteret to the County of Jones;

A Bill to repeal part of an Act entituled “an Act for the better regulation of the Town of Halifax and extending the liberties thereof”;

A Bill to correct the errors and mistakes in an Act entituled “an Act to remove all disabilities from Simon Cleary and others therein named;”

A Bill to empower the Commissioners therein mentioned to build a Gaol in each of the Counties of Richmond and Anson, &c.;

A Bill for dividing the County of Davidson;

A Bill to establish an Inspection of Tobacco in the County of Richmond, &c.;

A Bill to erect and establish an Academy in the County of Richmond;

A Bill to establish the Town already laid off at the Court House in Caswell County; and

A Bill for dividing Rowan County.

Received from His Excellency the Governor the two following Messages, to-wit:

To the Honourable the General Assembly:

Gentlemen:

A few days before the meeting of the Assembly I received the resignation of the office of Vendue Master of the Town of New Bern, from Mr. Titus Ogden, which vacancy I declined to supply on account of the near approach of the present Session.

SAML. JOHNSTON.

Fayetteville, Nov. 7, 1788.

To the Honourable the General Assembly:

Gentlemen:

With this I send you a Petition in favour of Thomas Donoho and

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William Sanders, laid before the Council of State and by them referred to the Assembly, as will appear from their Journals.

SAML. JOHNSTON.

Fayetteville, November 7, 1788.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you two messages of this day’s date from His Excellency the Governor, one enclosing a Petition in favour of Thomas Donoho and William Sanders, the other covering the resignation of Titus Ogden as Vendue Master for the Town of New Bern. The former we propose referring to the Committee of Propositions and Grievances.

Ordered that Mr. John Bonds have leave to absent himself from the service of this House until Tuesday next, Mr. Benjamin Sheppard to attend New Bern Superior Court, & Mr. Mears and Mr. Neill Brown until Wednesday next.

Resolved, That no Member of the General Assembly, who shall be absent from the service thereof during the Session, shall be entitled to receive pay as a Member during the time of such absence.

Mr. Tatom presented the Petition of John McGee, praying, &c., which being read, Mr. Tatom then moved for leave and presented a Bill to entitle John McGee to recover the Estate of his reputed Brother Jesse Steed, deceased; which was read the first time, passed and sent to the Senate.

Received from the Senate the resignation of Francis Cunningham. Endorsed, In Senate, read and accepted.

Mr. Jo. McDowall presented the Memorial of William T. Lewis praying to have an allowance made to himself and others for their attendance at Salisbury Superior Court as Witnesses in behalf of the State against John Combs and Mason Combs, which being read, was referred by this House to the Committee of Claims and sent to the Senate.

Mr. Jo. McDowall presented the Memorial of William T. Lewis and others whose names are therein mentioned praying to have an allowance made to them for apprehending, taking up and delivering to Officers of the late Continental Army, Sundry deserters; which being read, was referred by this House to the Committee of Claims and sent to the Senate.

The Bill to repeal part of an Act intituled “an Act for the better

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regulation of the Town of Halifax and extending the liberties thereof, and for altering the mode of laying and levying Taxes in the Town of Edenton,” was read the first time, passed and sent to the Senate.

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

The House adjourned until Monday Morning 10 O’Clock.


Monday, 10 November, 1788.

The House met according to adjournment.

Ordered that Mr. Shadrick Allen have leave to absent himself from the Service of this House for a few days.

Mr. Thomas King one of the Members for Hawkins County, appeared, was qualified and took his Seat; whereupon Mr. King was called upon to render reasons upon Oath for his non-attendance on the day appointed for the meeting of the General Assembly, which he accordingly did, and they were deemed sufficient.

Mr. Mebane presented the Petition of Thomas Donoho and William Sanders at present confined in the District Gaol of Hillsborough, praying to be released from their confinement; which being read, was referred to the Committee of Propositions and Grievances by this House and sent to the Senate.

Mr. Edward Jones moved for leave and presented a Bill to amend an Act entituled “an Act directing the method of Electing Members of the General Assembly, and more fully explaining the disqualifying clauses in the Constitution,” which was read the first time, passed and sent to the Senate.

On a motion made by Mr. Cabarrus and seconded by Mr. John Pugh Williams, Resolved, That all Public Bills shall be noted for the second and third readings at least one day previous thereto.

Mr. Randal presented the Petition of sundry of the Inhabitants of Dobbs County, praying that a part of the said County be added to Jones County; which being read, Mr. Randal moved for leave and presented a Bill to annex part of Dobbs County to the County of Jones, which was read the first time, passed and sent to the Senate.

Ordered that Mr. Sheppard one of the members for Carteret County, have leave to absent himself from the service of this House after Thursday next.

Mr. Tatom moved for leave and presented a Bill to amend an Act

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entituled “an Act for the regulation of the Town of Hillsborough,” which was read the first time, passed and sent to the Senate.

Mr. Bell presented the Petition of Sundry of the Inhabitants of Randolph County praying that an Act be passed to establish and lay out a Town in Randolph County; which being read, Mr. Bell moved for leave and presented a Bill for erecting a Town on the Land of Thomas Dauggan in Randolph County, which was read the first time, passed and sent to the Senate.

The Committee appointed to enquire into the State and Condition of the Public Revenue,

Reported that they find it impracticable to proceed on the business to them committed without the Accounts of the Treasurer and Comptroller, they therefore recommend that Mr. Thomas one of the Engrossing Clerks, be requested to proceed immediately to the Comptroller’s office and obtain therefrom all the Books, papers and documents necessary to be laid before this Committee.

Your Committee also propose that a Copy of the Resolve of the Assembly appointing the Committee on revenue be transmitted with the above to the Comptroller for his further information. Your Committee also recommend the following resolutions to be adopted, viz.:

Whereas, it is found to be impracticable to complete the statements of the Accounts of this State against the United States within the term limited by Congress.

Resolved, That the Delegates of this State in Congress be and they are hereby instructed to solicit an extension of the term.

Resolved also, That His Excellency the Governor, be requested to forward the preceding resolution by express to the line of the post, from thence to go with expedition to our Delegates in Congress.

All which is submitted.

S. CABARRUS, Ch’n.

The House taking this Report into Consideration Concurred therewith.

Mr. Chesson presented the Petition of Sundry of the Inhabitants of Tyrrell County, praying, &c.; which being read, Mr. Chesson moved for leave and presented a Bill for erecting a Town on the Lands of Tabitha Marriner and John Marriner in the County of Tyrrell, on the West side of Scuppernong river, at the place called and known

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by the name of Back Landing; which was read the first time, passed and sent to the Senate.

Mr. Ussory presented the Petition of Sundry of the Inhabitants of Montgomery county, praying, &c.; which being read, Mr. Ussory moved for leave and presented a Bill to annex part of the County of Montgomery to Richmond, which was read the first time, passed and sent to the Senate.

The Bill to confirm the rights and titles of several Citizens of this State in certain Negroes therein described, and preventing unjust and vexatious Law-suits, was read the first time, passed and sent to the Senate.

The Bill to correct the errors and mistakes in an Act entituled “an Act to amend an Act entituled an Act to remove all disabilities from Simon Cleary and others therein named,” was read the second time, passed & Sent to the Senate.

The Bill to establish the Town already laid off at the Court House in Caswell County, was read the second time, amended, passed and sent to the Senate.

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

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

The Bill to impower the Commissioners therein mentioned to build a Gaol in each of the Counties of Richmond and Anson, and to levy a Tax to defray the expence thereof, was read the second time, passed and sent to the Senate.

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

The Bill to establish an Inspection of Tobacco in the County of Richmond on the Lands of William Blewett, on the South East side of Pee Dee River, was read the second time, passed and sent to the Senate.

Received from the Senate the Memorial of William Attmore. Endorsed, read & referred to the Committee on Public Bills; which being read, was ordered to lie on the Table.

Mr. Tatom presented the Memorial of John Williams, Esquire, of Caswell County, which being read, was referred to the Committee of Claims by this House and sent to the Senate.

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Received from the Senate the Petition of the Inhabitants of French Broad Settlement. Endorsed, read and referred to the Committee on Propositions and Grievances; which being read was referred as by the Senate and returned.

Received from the Senate the Memorial of John Armstrong. Endorsed, In Senate, read and referred to the Committee of Propositions & Grievances; which being read, was referred as by the Senate and returned.

Received from the Senate the following Bills. Endorsed, read the first time and passed; vizt:

A Bill to annex part of Dobbs County to the County of Jones;

A Bill to amend an Act entituled “an Act directing the method of electing Members of the General Assembly,” &c.;

A Bill to amend an Act entitled “an Act for the regulation of the Town of Hillsborough;”

A Bill to entitle John McGee to recover the Estate of his reputed Brother Jesse Steed, deceased; and

A Bill to continue an Act passed at Tarborough entitled “an Act for fixing the final settlement of unliquidated Claims,” &c.

Mr. Cabarrus presented the Petition of John De Roulhac, praying, &c.; which being read, was referred to the Committee on Revenue and sent to the Senate.

Mr. Cabarrus moved for leave and presented a Bill to revive part of an Act entituled “an Act to suppress excessive gaming” which was read the first time, passed and sent to the Senate.

The Bill to continue an Act passed at Tarborough in December, 1787, intituled “an Act for fixing the final settlement of Unliquidated Claims against the United States within this State;” was read the first time, passed and sent to the Senate.

The Bill to entitle John McGee to recover the Estate of his reputed Brother Jesse Steed; was read the Seond time, passed and sent to the Senate.

Mr. Cabarrus moved for leave and presented a Bill to repeal an Act intituled “an Act for hiring out persons convicted on Indictment or presentment, not being able or willing to pay the fees of office and Gaolers fees”; which was read the first time, passed and sent to the Senate.

Received from His Excellency the Governor, the following Message:

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To the Honourable the General Assembly:

Gentlemen:

With this will be handed you a Letter from the Vice Consul of France with a state of the Debt due from this State to the Government of Martinique.

SAML. JOHNSTON.

Fayetteville, 10 Nov., 1788.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message of this day’s date from His Excellency the Governor, addressed to the General Assembly, covering a Letter from the Vice Consul of France, with a state of the Debt due from this State to the Government of Martinique, which we propose referring to the Committee on Revenue.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemn:

We propose that the same rules for reading Bills as were pursued the last Session of Assembly be observed this Session.

Received from the Senate the Resolve of this House declaring that a Member of the General Assembly shall be allowed pay for any time he may be absent upon leave, Concurred with.

Ordered that Mr. King be added to the Committee on Indian Affairs, and Mr. Person to the Committee on Revenue.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. King to the Committee on Indian Affairs and Mr. Person to the Committee on Revenue.

Received from the Senate a Bill to appoint Inspectors for the Ware House built in Fayetteville by Robinson Mumford and James Porterfield, established by Act of Assembly December 1785. Endorsed, read the first time and passed.

Ordered that this Bill be read for the first time in this House, which was accordingly read the first time, passed and returned to the Senate.

Mr. Carson presented the Petition of Gasper Smith, praying, &c.; which being read, was referred to the Committee of Propositions and Grievances, and sent to the Senate.

Received from the Senate the Report of the Committee appointed

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to consider of and report what Bills of a Public nature are necessary to be passed into Laws at the present Session. Endorsed, In Senate, read and Concurred with; which report being read, was concurred with by this House and returned.

Mr Carson presented the Petition of Jane Spurgin, praying, &c.; which being read, was referred to the Committee of Propositions and Grievances by this House, and sent to the Senate.

Received from the Senate the following Messages of the 7th Instant, to-wit:

Mr. Speaker & Gentlemen:

The Message from His Excellency the Governor, of this day and papers accompanying it, we agree with you in referring to the Committee on Revenue and Indian Affairs.

Mr. Speaker & Gentlemen:

We have added Mr. Benford and Mr. Dickson to the Committee of Propositions and Grievances, and Mr. Robertson to the Committee on Indian Affairs.

Received from the Senate the following Message of this day’s date, to-wit:

Mr. Speaker & Gentlemen:

We agree that a Governor of this State for the ensuing year be made choice of by ballot on Tuesday next and approve of your Nomination. We also agree to ballot for a Council of State at the same time and add to the nomination by you made, James Armstrong, Thomas Eaton, James Iredell, Dempsey Conner, and Josiah Collins, Senr., Esquires.

We propose that a Secretary of this State be also balloted for, and nominate to that appointment James Glasgow, Esquire.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree to ballot for a Public Secretary at the time of balloting for a Governor as by you proposed, and approve of your nomination to that office. We have added to the nomination for Councillors, Maxwell Chambers, Samuel Strudwick, Thomas Owen and Lawrence Baker, Esquires.

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The Committee, to whom the Memorial of John Williams Commissioner of the Specific provision Tax for the County of Caswell, was referred, Reported,

That the British Army in the year 1781, under the Command of Lord Cornwallis, took possession of the Stores or Magazines of the said Commissioner, and used or otherwise destroyed great quantities of grain and other species of provision deposited therein, as appeared to your Committee by satisfactory Testimony. That in consequence of such destruction the said Williams, as Commissioner aforesaid, on a settlement with the Comptroller fell considerably in arrears. From the affidavits of the said Williams corroborated by other indubitable Testimony adduced to your Committee in writing and herewith presented, they are convinced the aforesaid balance arose altogether from the destruction made by the Troops aforesaid, and not by any neglect or Sinister Conduct of the said Williams. They therefore are of opinion that he ought to be allowed for the same, and that the Comptroller be directed to balance his account accordingly.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration concurred therewith.

The Committee, to whom the Petition of Robert Linn on behalf of the Orphans of Philip Rough, was referred, Reported,

That by the said Petition, and a Certificate of Robert Lanier late Treasurer of Salisbury District, dated the 15th Day of April, 1781, herewith presented, it appears that as treasurer aforesaid, he received of Philip Rough’s Orphans, under an Act of the Assembly passed the 13th Day of December, 1780, the Sum of Ten Thousand four hundred pounds, drawing an Interest of Six per Centum until paid. As no fund heretofore appears to your Committee to have been established for the purpose of redeeming such Certificates, or that by any of the Laws for laying a tax for the support of Government and directing the mode of collecting the same, they are receivable in payment of public taxes, they therefore beg leave to recommend that the Treasurer be directed to redeem such Certificates with actual Money when reduced by the Scale of Depreciation, or that by a resolution of the Assembly they may be received in discharge of the Money part of the ensuing year’s Tax.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

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The Committee, to whom the Petition of William Courtney of the Town of Hillsborough was referred, Reported,

That the said Courtney sustained considerable damage by the Continental Troops under the Command of General Gates encamping on his plantation, burning fence rails, cutting timber, &c., as appears by a Certificate of the Deputy Quarter Master General herewith presented.

Your Committee considering the damages complained of by the said Courtney to be such as in their nature are inadmissable, they therefore beg leave to recommend that it be rejected.

THOMAS PERSON, Ch’m.

The House taking this Report into Consideration Concurred therewith.

The Committee, to whom the Petition of William Jamison, of Orange County, was referred, Report,

That the said Jamison was a Collector for one of the Districts in the County aforesaid for the year 1784. That he fully collected and accounted for all the Tax in his said district except the insolvents, which he failed to apply to Court for an allowance of, until after the Sheriff had made a final settlement of the Taxes of said County with the Treasurer, who then instituted a Suit against the said Jamison and recovered the Sum of Sixteen pounds and Eight pence, the amount of the insolvencies in said District, as appears by the Clerk’s Certificate or Copy of the record of the County Court of Orange, herewith presented.

Your Committee, from the information of William McCawley, and other Circumstances, are convinced that the said recovery of sixteen pounds and eight pence was founded on the said insolvencies; and considering that as the State hath received a Sum of Money not justly due and owing, They therefore recommend that a Resolution be passed allowing the said Jamison out of the Taxes of the ensuing year the aforesaid Sum of Sixteen pounds and Eight pence to be paid in Money and Certificates agreeably to the nature of the said Judgment, that is Eleven pounds three Shillings and four pence in Money and four pounds Seventeen Shillings and four pence in Certificates.

All which is submitted.

THOMAS PERSON, Ch’n.
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The House taking this report into Consideration Concurred therewith.

The Committee, to whom the Petition of Wilson Taylor, Executor of the last Will and Testament of Edward Moore, of Nash county, was referred, Reported,

That the said Wilson Taylor as Executor aforesaid, was bound to make a settlement with the Treasurer for Certificates received by the said Deceased as Entry Taker of Nash County. That on his way to the Treasury for the purpose of making such settlement, he was robbed of his Saddle Bags and therein a Sum of Certificates sufficient to discharge the arrearges aforesaid. Your Committee therefore are of opinion, and beg leave to recommend that the Treasurer be directed to forbear instituting a Suit against the said Taylor as Executor aforesaid, for the recovery of the said arrearages until the first day of October next, agreeably to the prayer of the Petition.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

The Committee, to whom the Petition of Sundry Inhabitants of the Western Counties on the Subject of Lands and the price of entering the same, was referred, Reported,

That the rates already established by Law for the entry of vacant or unappropriated Lands are sufficiently low and cheap, they therefore beg leave to recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this Report into Consideration Concurred therewith.

The House adjourned until To-morrow Morning 10 O’clock.


Tuesday, 11 November, 1788.

The House met according to adjournment.

Received from the Senate the following Bills, endorsed, In Senate, read the Second time and passed, to-wit.:

A Bill to repeal part of an Act intituled “an Act for the better regulation of the Town of Halifax and extending the liberties thereof,” &c.;

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A Bill to annex part of the County of Carteret to the County of Jones; and

A Bill for dividing the County of Rowan.

Received also a Bill to repeal part of an Act passed at Tarborough in November Session, 1787, intitled “an Act to regulate the Inspection of Tobacco in this State.” Endorsed, read the first time and passed.

Received from the Senate the Memorial of William T. Lewis and others praying an allowance for taking up deserters, and the Petition of Thomas Donoho & William Sanders, and the Memorial of William T. Lewis & others praying an allowance for attending as Witnesses against John Combs & Mason Combs. Endorsed, read and referred as by the House of Commons.

Received from His Excellency the Governor, the following Message, to-wit:

To the Honourable the General Assembly:

Gentlemen:

I herewith submit to your Consideration two letters, one from the Commissioners of the Treasury of the United States, the other from the Continental Treasurer of Loans in this State; at the same time I send you a further return of the purchase of Tobacco by the Commissioner for the District of Fayetteville.

SAML. JOHNSTON.

Fayetteville, 11 November, 1788.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message of this day’s date from His Excellency the Governor, addressed to the General Assembly, with the letters therein referred to, and a further return of the purchase of Tobacco by the Commissioner at Fayetteville, which we propose referring to the Committee on Revenue.

Mr. Carson, who had leave to withdraw for amendment the Bill for dividing Rowan County, delivered in at the Clerk’s Table the Bill with the amendments.

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

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The Message from His Excellency the Governor, of the 10th Inst., together with its inclosures, we agree with you in referring to the Committee on Revenue.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

From the number of Petitions and other papers before this Assembly on the subject of the Foederal Constitution, we propose that the two Houses assemble in conference on Wednesday next at 9 O’clock in the forenoon, in the room where the House of Commons sit, in order to fully hear and deliberate on that subject, as well as to determine on the propriety of convening a Second Convention in this State.

Received from the Senate Sundry Petitions from the Counties of Camden, Hertford, Randolph, Johnston, Tyrrell, Hyde, Richmond, Carteret, Dobbs, Chowan, Lincoln, Onslow, Rowan, Surry, Mecklenburg, Martin, Chatham, Currituck and Edgecombe, setting forth the grievances under which the inhabitants of this State labour by the decision of the late Convention on the proposed plan of Government for the United States, and praying that the General Assembly would recommend another Convention to take under further consideration the said plan of Government; which Petitions being read, a motion was made that this House should agree with the Senate, that the two Houses meet in Conference To-morrow to take under consideration the propriety of calling another Convention, which was objected to; the question being put was negatived.

Mr. Hill presented the Petition of sundry of the Inhabitants of Franklin County, praying an allowance for their attendance at Halifax Superior Court as Witnesses in behalf of the State against Martin Campbell & others; which being read was referred to the Committee of Claims.

Whereas, sundry of the Good People of this State did, upon the faith and credit of the promises held forth in an Act of the General Assembly passed the 13th Day of December, 1780, deposit with the several District Treasurers considerable Sums of Money upon Interest; and whereas, no provision hath hitherto been made for the redemption and payment of the Money so loaned; it is therefore,

Resolved, That the Treasurer be, and he is hereby authorized, impowered and required to pay off in Money and take up all such Certificates as were issued by any of the late district Treasurers for

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Money’s by them received on loan, after reducing the same to Specie by the Scale of depreciation which shall be computed agreeable to the date of the Certificates, which Certificates so paid off and taken up by the Treasurer shall be received as vouchers in the settlement of his accounts with the public.

Received from the Senate a Bill to annex part of Bladen to Robeson County and to amend an Act intitled “an Act to divide the County of Bladen. Endorsed, read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received the Report of the Committee appointed to enquire into the state of the Public revenue, but cannot concur with it as it now stands, but propose that it be amended by deleing from the word that in the fourth line of the report to the word them in the Eighth and substituting the following herewith sent you marked A. B.; also that from the word information be deled to the word express, inclusive.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message proposing to amend the report of the Committee appointed to enquire into the State and condition of the public revenue, and accede thereto; have made the report conformable & now send it for your Concurrence.

Received from the Senate a Bill for cutting a Navigable Canal from the waters of Pasquotank River in this State to the waters of Elizabeth river in the State of Virginia. Endorsed, read the first time and passed.

Received from the Senate the Petition of Gasper Smith, the Petition of Jane Spurgin & the Memorial of John Williams. Severally endorsed, read and referred as by the House of Commons.

On a motion made by Mr. Cabarrus and seconded by Mr. Gowdy,

Resolved, That this House will proceed to take under Consideration the several Petitions this day received from the Senate, praying for another Convention, on Saturday next.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message of the Senate proposing a Conference

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of the two Houses on the propriety of Convening another Convention, with which we do not Concur.

We have determined to take under Consideration the several Petitions relating to this subject, on Saturday next.

Mr. Edward Jones moved for leave and presented a Bill for ascertaining the mode of paying the Members of the General Assembly in future; which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to carry into effect the ordinance of the Convention held at Hillsborough in July, 1788, intitled “an Ordinance for establishing a place for holding the future meetings of the General Assembly and the place of residence of the Chief Officers of the State.” Endorsed, read the first time and passed.

The Bill to repeal part of an Act passed at Tarborough in November Session, 1787, intitled “an Act to regulate the Inspection of Tobacco in this State,” was read the first time, passed and sent to the Senate.

Mr. Porter presented the Petition of Nathaniel Hambrick, praying, &c.; which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Received from the Senate the Petition of Charles Dixon. Endorsed, in Senate, read and referred to the Committee of Propositions and Grievances; which being read, was referred as by the Senate and returned.

Mr. Steele presented the Memorial of Abram Creson, praying, &c.; which being read, was referred on the part of this House to Mr. Steele, Mr. M. Cumming and Mr. Hawkins and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Thomas Polk and Miles King, Esquires, to the nomination for Councillors.

Mr. Hamilton presented the Petition of Sundry of the Inhabitants of Washington County praying a division thereof; which being read, Mr. Hamilton moved for leave and presented a Bill agreeable to the prayer thereof, which was read the first time, passed and sent to the Senate.

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Received from the Senate the following Reports Concurred with by that House, to-wit.:

On the Petition of William Courtney;

On the Petition of William Jamison;

On the Petition of Wilson Taylor;

On the Petition of John Williams, and

On the Petition of the Inhabitants of the Western Country relative to the price paid for lands entered with the Entry officers of this State.

The Committee, to whom was referred the Petition and Memorial of Daniel McKissick praying an allowance to be made him in consequence of a wound received in the Service of the State in an Action with the Tories at Ramseur’s Mill on the Morning of the 20th June, 1780, Reported,

That by an Act of the General Assembly passed at Hillsborough the 25th June, 1784, your Committee conceives provision was made for the Citizens wounded in the service of the State; they therefore beg leave to recommend that the said Petition be rejected. All which is submitted.

THOMAS PERSON, Ch’m.

The House taking this Report into Consideration Concurred therewith.

Received from the Senate the Petition of William Murphey and William R. Murphey. Endorsed, In Senate, read and referred to the Committee of Claims; which being read, was referred as by the Senate.

Received from the Senate the following Messages, to-wit.:

Mr. Speaker & Gentlemen:

We agree that the Rules for reading and passing Bills observed by the last Assembly be adopted by the present.

Mr. Speaker & Gentlemen:

We have added the name of Miles King to the nomination of Councillors, and approve of the additions by you made, except as to Lawrence Baker, he being Clerk of a Court and expressly debarred by the Constitution.

Mr. Speaker & Gentlemen:

The Message from His Excellency the Governor, of to-day with

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the additional return of Tobacco purchased at the Town of Fayetteville and other papers accompanying them, we agree with you in referring to the Committee appointed to enquire into the State of the Public revenue.

Mr. Hinton moved for leave and presented a Bill to amend an Act to direct the method of appointing Jurors and Surveyors to run out disputed Lands; which was read the first time, passed and sent to the Senate.

Mr. Gowdy presented the Petition of William Scott, praying, &c.; which being read, was referred on the part of this House to Mr. Mebane, Mr. Gowdy, Mr. Mitchell, Mr. Hamilton, & Mr. Phifer, and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Message from His Excellency the Governor, of the 10th Inst., together with its enclosures, we agree with you in referring to the Committee on revenue.

Received from the Senate the following Bills. Endorsed, In Senate, read the first time and passed, to-wit.:

A Bill for erecting a Town on the Land of Tabitha Marriner, &c.;

A Bill for ascertaining the mode of paying the Members of the General Assembly in future;

A Bill for erecting a Town on the Lands of Thomas Daugan in Randolph County;

A Bill to repeal an Act intitled “an Act for hiring out persons Convicted on Indictment or presentment not being able or willing to pay the fees of office and Gaolers fees;

A Bill to annex part of the County of Montgomery to Richmond, and

A Bill to revive part of an Act intituled “an Act to suppress excessive gaming.”

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have added Mr. Hill to the Committee on Indian affairs and public revenue.

The House adjourned until 4 O’Clock, P. M.

Met according to Adjournment.

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Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We are now ready to proceed to the balloting as heretofore agreed upon, and have appointed Mr. Cabarrus and Mr. Hawkins to superintend the same on the part of this House.

Received from the Senate the following Messages, to-wit:

Mr. Speaker & Gentlemen:

We have added to the Committee on Indian Affairs Mr. James Roddy.

Mr. Speaker & Gentlemen:

We are now ready to proceed on the balloting, and have appointed Mr. Macon & Mr. Lenoir to Superintend the same on the part of this House.

Received from the Senate a Bill to repeal two Acts of the General Assembly of this State, one passed at New Bern in November, 1784, intituled “an Act to describe and ascertain such persons who owe allegiance to this State, and impose certain disqualifications on certain persons therein described;” the other passed at New Bern in the year 1785, intituled “an Act to amend an Act passed at New Bern in November, 1784, intituled an Act to describe and ascertain such persons who owe allegiance to this State, and to impose certain disqualifications on certain persons therein described.” Endorsed, In Senate, read the first time and passed.

The Bill to annex part of Bladen to Robeson County and to amend an Act intituled “an Act to divide the County of Bladen,” was read the first time, passed and sent to the Senate.

Received from the Senate the Report of the Committee appointed to enquire into the State and Condition of the Public revenue, Concurred with by that house.

Received from the Senate the Petition of John De Roulhac. Endorsed, In Senate, read and referred as by the House of Commons.

Received from the Senate the report of the Committee appointed to Consider of, and report what Bills of a public nature are necessary to be passed into Laws at this Session of Assembly. Endorsed, read & Concurred with; which being read, was concurred with by this House & returned.

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Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This accompanies a Letter just received from the Comptroller relative to the settlement of the accounts of this State with the Commissioner appointed on the part of the United States, which we propose shall be referred to the Consideration of the Committee appointed on the Comptroller’s representation.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Letter just received from the Comptroller relative to the settlement of the accounts of this State with the Commissioner appointed on the part of the United States, be referred as by you proposed.

Received from the Senate the Petition of William Scott. Endorsed, In Senate, read and referred on the part of the Senate to Mr. Charles Johnson, Mr. Graham and Mr. Whitmell Hill.

Received from the Senate the following Bills, to-wit:

A Bill to continue an Act passed at Tarborough December, 1787, intituled “an Act for fixing the final settlement of unliquidated Claims against this State and the United States within this State. Endorsed, read the second time and passed;

A Bill for dividing the County of Washington;

A Bill to amend an Act intituled “an Act to direct the method of appointing Jurors and Surveyors to run out disputed Lands.” Endorsed, read the first time and passed.

The House adjourned until To-morrow Morning 9 O’clock.


Wednesday, 12 November, 1788.

The House met according to adjournment.

Mr. Wyatt Hawkins, from the joint Balloting for a Governor, Secretary, and Council of State,

Reported that Samuel Johnston, Esquire, was Elected Governor, and James Glasgow, Esquire, Secretary; John Skinner, James Iredell, John Kinchin, James Armstrong, Josiah Collins, Whitmell Hill & Dempsey Conner, Esquires, Councillors.

The House taking this report into Consideration Concurred therewith.

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Ordered that Mr. John Haywood, Assistant Clerk to this House, have leave to absent himself from the Service thereof on account of his indisposition.

Received from the Senate the representation of Richard Blackledge. Endorsed, in Senate, read and referred to the Committee appointed on Revenue, which representation being read, was on the part of this House, referred to the said Committee and returned.

The Bill to carry into effect the Ordinance of the Convention held at Hillsborough in July, 1788, intituled “an Ordinance for establishing a place for holding the future meetings of the General Assembly, and the place of residence of the Chief officers of the State;” was read the first time, passed and sent to the Senate.

The Bill to repeal two Acts of the General Assembly of this State, one passed at New Bern in November, 1784, intituled “an Act to describe and ascertain such persons who owe allegiance to this State and impose certain disqualifications on certain persons therein described; the other passed at New Bern in the year 1785, intituled “an Act to amend an Act passed at New Bern in November, 1784, intituled an Act to describe and ascertain such persons who owe allegiance to this State, and to impose certain disqualifications on certain persons therein described,” was read the first time, passed and sent to the Senate.

The Bill for cutting a Navigable Canal from the waters of Pasquotank River in this State, to the waters of Elizabeth River in the State of Virginia, was read the first time, passed and sent to the Senate.

The Bill to amend an Act intituled “an Act for the regulation of the Town of Hillsborough,” was read the second time, passed and sent to the Senate.

Received from the Senate a Bill to further amend an Act intituled “an Act to amend an Act intituled an Act to remove all disabilities from Simon Cleary and others therein named.” Endorsed, read the second time, amended and passed.

Mr. William B. Grove moved for leave and presented a Bill to amend an Act intituled “an Act for the better regulation of the Town of Fayetteville, passed at Tarborough in November, 1787;” which was read the first time, passed and sent to the Senate.

Mr. Steele presented the Memorial of Mary Bledsoe, widow and relict of the late Colo. Anthony Bledsoe, which being read, together

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with other papers relative to the subject therein contained, was referred to the Committee on Indian Affairs and sent to the Senate.

Received from the Senate a Bill to enable John McGee to inherit and recover the Estate of his reputed Brother Jesse Steed, deceased. Endorsed, read the second time, amended and passed.

Ordered that the Bill to revive part of an Act intituled “an Act to suppress excessive gaming,” be read for the Second time in this House to-morrow.

The Bill to continue an Act passed at Tarborough December, 1787, intituled “an Act for fixing the final settlement of unliquidated claims against this State and against the United States within this State;” was read the Second time, amended, passed and sent to the Senate.

Mr. Edward Jones moved for leave and presented a Bill to alter the name of Port Brunswick to that of Port Wilmington, which was read the first time, passed and sent to the Senate.

The Bill to repeal part of an Act intituled “an Act for the better regulation of the Town of Halifax and extending the Liberties thereof, and for altering the mode of laying and levying Taxes in the Town of Edenton,” was read the Second time, amended, passed and sent to the Senate.

Received from the Senate the Report of the Committee on the Petition of Daniel McKissick, concurred with by that House.

Received from the Senate a Bill to confirm the rights and titles of several Citizens of this State in certain Negroes therein described, and preventing unjust and vexatious Law Suits. Endorsed, read the Second time, amended and passed.

Received from the Senate the Petition of Nathaniel Hambrick, and the Memorial of sundry people of the County of Franklin. Endorsed, read and referred as by the House of Commons.

The Bill for ascertaining the mode of paying the Members of the General Assembly in future for travelling to and returning from the Assemblies, and for altering the times of holding the Annual elections for members of Assembly,” was read the Second time, amended, passed and sent to the Senate.

Received from the Senate a Bill for the relief of the Creditors of absentees comprehended within the Confiscation Laws. Endorsed, read the first time and passed.

Received from the Senate the report of the Committee to whom

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was referred the representation of the Comptroller. Endorsed, read and concurred with; which report being read, was concurred with by this House and returned.

Received from the Senate a Bill to erect and establish an Academy in the County of Richmond, and a Bill to annex part of Bladen to Robeson County & to amend an Act intitled “an Act to divide the County of Bladen.” Endorsed, read the Second time and passed.

Mr. Mebane presented the Petition of Archibald Lyttle, late Commissioner of Confiscation for the District of Hillsborough; which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Person presented the Petition and Account of John Jones, late Sheriff of Halifax County, which being read, was referred to the Committee of Claims and sent to the Senate.

The Bill to amend an Act entituled “an Act to amend an Act to remove all disabilities from Simon Cleary and others therein named,” was read the third time, passed and sent to the Senate.

Mr. Cains presented the Petition of Thomas Johnston, praying, &c.; which being read, Mr. Cains moved for leave and presented a Bill impowering Thomas Johnston, late Sheriff of Onslow County, his Heirs, Executors or Administrators, to collect the Sinking Fund Tax due from his County for the year 1786, and for giving him or them a longer time for collecting and settling the same; which was read the first time, passed and sent to the Senate.

The House adjourned until To-morrow Morning 9 O’clock.


Thursday, 13th November, 1788.

The House met according to adjournment.

The Bill to revive part of an Act intituled “an Act to suppress excessive gaming,” was read the Second time, amended, passed and sent to the Senate.

Ordered that the Bill for erecting a County on the Northeast side of Yadkin River in Rowan County, be read To-morrow for the Second reading in this House; and the Bill for dividing the County of Rowan, for the third reading.

Received from the Senate a Bill to amend an Act intituled “an Act for the better regulation of the Town of Fayetteville,” passed at

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Tarborough in November, 1787, and a Bill to alter the name of Port Brunswick to that of Port Wilmington. Endorsed, read the first time and passed.

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

Mr. Elijah Roberson moved for leave and presented a Bill for the more effectual and easy administration of Justice in the District of Washington and Davidson, and for dividing the Military Jurisdiction of Washington; which was read the first time, passed and sent to the Senate.

Received from His Excellency the Governor, the following Message:

To the Honourable the General Assembly:

Gentlemen:

I herewith lay before you a Letter from the Commissioner for purchasing Tobacco at Tarborough, with his return of the purchases by him made since the date of his last return.

SAML. JOHNSTON.

Fayetteville, Nov. 13th, 1788.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message from His Excellency the Governor, covering a return of the purchase of Tobacco made by the Commissioner at Tarborough which we propose referring to the Committee on Revenue.

Mr. McDowall, Jun., moved for leave and presented a Bill for dividing Greene County, which was read the first time, passed & sent to the Senate.

The Bill to enable John McGee to Inherit and recover the Estate of his reputed Brother, Jesse Steed, deceased, was read the third time, passed and sent to the Senate.

Ordered that the Bill to amend an Act intituled “an Act directing the method of electing Members of the General Assembly, & more fully explaining the disqualifying clauses in the Constitution,” be read for the second time in this House To-morrow.

The Bill to annex part of Bladen to Robeson County, and to amend

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an Act intituled “an Act to divide the County of Bladen,” was read the Second time, passed and sent to the Senate.

Mr. William B. Grove moved for leave and presented a Bill to appoint Commissioners to Superintend the building a Prison and Stocks for the District of Fayetteville, and to levy a Tax on the Counties within the said District for defraying the expences thereof; which was read the first time, passed and sent to the Senate.

The Bill for the relief of the Creditors of absentees comprehended within the confiscation Laws, was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of Mary Bledsoe. Endorsed, read & referred as by the House of Commons.

Received from the Senate a Bill to establish the Town already laid off at the Court House in Caswell County; and A Bill to repeal part of an Act passed at Tarborough in November, 1787, intituled “an Act to regulate the Inspection of Tobacco in this State.” Endorsed, read the second time and passed.

The Bill to amend an Act for the better regulation of the Town of Fayetteville, passed at Tarborough in November, 1787, was read the Second time, passed and sent to the Senate.

Mr. Randal moved for leave to withdraw for amendment the Bill to annex part of Dobbs County to the County of Jones. Ordered that he have leave.

Received from the Senate a Bill once more to extend an Act intituled “an Act to pardon and consign to oblivion the offences and misconduct of certain persons in the Counties of Washington, Sullivan, Greene, and Hawkins.” Endorsed, read the first time and passed.

Received from the Senate the Petition of John Jones, and the Petition of Archibald Lyttle. Endorsed, read and referred as by the House of Commons.

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

Received from the Senate a Bill to alter the mode of Swearing Petit Juries in the Courts of Law in this State. Endorsed, read the first time and passed.

Mr. Holmes presented a Petition from Sundry of the Inhabitants of Sampson County, praying that the General Assembly recommend to the Inhabitants of this State to convene a second Convention to

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take under consideration the proposed Constitution for the future Government of the United States.

The Bill once more to extend an Act entitled “an Act to pardon and consign to oblivion the offences and misconduct of certain persons in the Counties of Washington, Sullivan, Greene and Hawkins,” was read the first time, passed and sent to the Senate.

Mr. Bonds presented the resignation of Joseph T. Clinch as first Colonel of the Nash Regiment of Militia; which being read, was accepted by this House and sent to the Senate.

Mr. Mitchell presented the resignation of Howell Lewis as Lieutenant-Colonel Commandant of the Hillsborough Regiment of Cavalry; which being read, was accepted by this House and sent to the Senate.

Mr. Horne presented the Petition and claim of William Wootten and Henry Bradford; which being read, were referred to the Committee of Propositions and Grievances & sent to the Senate.

Received from the Senate a Bill to annex part of Brunswick County to the County of New Hanover; and A Bill to amend the Militia Law for the further Security of the Western Frontiers. Endorsed, read the first time and passed.

Received also a Bill to continue an Act passed at Tarborough December, 1787, intituled “an Act for fixing the final settlement of unliquidated claims against this State and against the United States within this State.” Endorsed, read the third time & passed.

Mr. Edward Jones moved for leave and presented a Supplementary Bill to an Act entituled “an Act concerning proving Wills and Granting Letters of Administration, and to prevent frauds in the management of Intestates Estates,” which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of Henry Montfort. 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 remonstrance of Andrew Bass. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, was referred as by the Senate and returned.

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

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To His Excellency Samuel Johnston, Esquire, Governor, Captain-General and Commander-in-Chief of the State of North Carolina:

Sir:

The General Assembly proceeded on the Eleventh Instant to the appointment of a Governor for this State the ensuing year, when you Sir, was re-elected to that office; the two Houses propose to receive your Excellency in the room where the House of Commons sit on Tuesday next at 12 O’clock in order that you may take the Oaths of qualification to that office.

Ordered that the above address be sent to the Senate for their Concurrence, with the following Message:

Mr. Speaker & Gentlemen:

We herewith send for your Concurrence an Address which we propose shall be presented His Excellency the Governor.

The Bill for erecting a Town on the Lands of Tabitha Marriner and John Marriner in the county of Tyrrell, on the West side of Scuppernong river, at the place called and knawn by the name of the Back Landing, was read the second time, amended, pased and sent to the Senate.

Mr. Joseph Hardin and Mr. Alexander Outlaw the Members for Greene County, appeared, were qualified and took their Seats; whereupon Mr. Hardin and Mr. Outlaw were called upon to render reasons upon Oath for their non-attendance on the day appointed for the meeting of the General Assembly, which they accordingly did, and the reasons rendered were deemed sufficient.

Ordered that Mr. Joseph Hardin, Mr. Alexander Outlaw, Mr. John Pugh Williams, Mr. Dickson and Mr. Skinner be added to the Committee on Indian Affairs, and Mr. Hawkins to the Committee of Claims.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. Hardin, Mr. Outlaw, Mr. J. P. Williams, Mr. Dickson and Mr. Skinner to the Committee on Indian affairs, and Mr. Hawkins to the Committee of Claims.

The Bill to annex part of the County of Montgomery to Richmond, was read the Second time, passed & sent to the Senate.

The Bill to alter the mode of Swearing Petit Juries in the Courts

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of Law in this State, was read the first time, passed and sent to the Senate.

The Bill to establish the Town already laid off at the Court House in Caswell County, was read the third time, passed and sent to the Senate.

The Bill for erecting a Town on the lands of Thomas Dougan in Randolph County, was read the Second time, amended, passed & sent to the Senate.

The Bill to annex part of Brunswick County to the County of New Hanover, was read the first time, passed & sent to the Senate.

The Bill to alter the name of Port Brunswick to that of Port Wilmington, was read the second time, passed and sent to the Senate.

Mr. Cabarrus moved for leave to withdraw for amendment, the Bill to repeal an Act entituled “an Act for hiring out persons Convicted on Indictment or presentment not being able or willing to pay the fees of office and Gaolers fees.” Ordered that he have leave accordingly.

Ordered that the Bill to confirm the rights and titles of several Citizens of this State in certain Negroes therein described and preventing unjust and vexatious Law Suits;

The Bill to amend an Act entituled “an Act to direct the method of appointing Jurors and Surveyors to run out disputed Lands,” and the Bill for dividing Washington County; be read To-morrow each, for the Second reading in this House.

Ordered that the Bill to amend the Militia Law for the further Security of the Western Frontiers, be committed to the Committee on Indian Affairs.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill herewith sent you to amend the Militia Law, &c., be committed to the Committee on Indian Affairs.

Ordered that the Bill to continue an Act passed at Tarborough December, 1787, intituled “an Act for fixing the final settlement of unliquidated claims against this State,” &c., be read for the third and last time on Monday next.

Ordered that the Bill to repeal part of an Act passed at Tarborough in November Session, 1787, intituled “an Act to regulate the

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Inspection of Tobacco in this State,” be read for the Second reading on Monday next.

The House adjourned until To-morrow Morning 10 O’clock.


Friday, 14 November, 1788.

The House met according to adjournment.

Received from the Senate a Bill for the recovery of Debts according to Contract, and

A Supplementary Bill to an Act intituled “an Act concerning proving Wills and granting Letters of Administration and to prevent frauds in the management of Intestates Estates.” Endorsed, read the first time & passed.

Received from the Senate the resignation of Howell Lewis, Lieutenant-Colonel Commandant of the Hillsbo. Regiment of Cavalry; and the resignation of Joseph J. Clinch as Colo. of the Nash Regiment of Militia. Endorsed, read and accepted.

Received from the Senate a Resolution of that House directing the mode to be observed by the Committee of Claims in passing upon such Claims as shall be laid before them; which being read, was Concurred with and returned.

Received from the Senate the following Messages, to-wit.:

Mr. Speaker & Gentlemen:

Mr. Charles Johnson and Mr. Williams will, on the part of this House, examine the Engrossed Bills.

Mr. Speaker & Gentlemen:

We concur with you in referring His Excellency the Governor’s Message, together with the return of Tobacco purchased by the Commissioner at Tarborough, to the Committee on Revenue.

Mr. Horn presented the Petition of the Executors of Arthur Brown, deceased; which being read, was referred to the Committee of Propositions and Grievances, and sent to the Senate.

Received from the Senate the Petition and Memorial of Hodge & Wills, Public Printers. Endorsed, read and referred to Mr. Caswell, Mr. Hill, and Mr. Macon on the part of the Senate; which Petition and Memorial being read, was referred on the part of this House to Mr. Cabarrus, Mr. E. Jones, Mr. Mebane, Mr. Steele and Mr. Person.

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Resolved, That Mr. Steele and Mr. Sanders be appointed, on the part of this House, to examine the Engrossed Bills.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Steele and Mr. Sanders to examine the Engrossed Bills.

The Honourable the Speaker, laid before the House an address from the Public Treasurer, which being read, was referred on the part of this House, to Mr. Mebane, Mr. E. Jones, Mr. Carson & Mr. Maclaine.

The Bill for erecting a County on the North East side of Yadkin River in Rowan County, was read the Second time and laid over until the next Assembly.

The Bill for dividing the County of Rowan, 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. Person Seconded by Mr. Cabarrus, which are as follows:

Yeas:—Messrs. Cain, Cains, McDowall, McDowall, Jun., McKay, B. Douglass, Graves, Anderson, Dickson, C. Ward, E. Robeson, Hardiman, Hamilton, Gowdy, J. Moore, Maclaine, W. Williams, Ussory, Phifer, J. Douglass, Mebane, Z. Wood, Bell, Caldwell, Porter, Bethell, Barnes, N. Brown, Houser, W. T. Lewis, Walton, Clendenning, Jas. Stewart, Blair, Brown of Wilkes, Herndon, E. Jones, Steele, Lindley, Holmes, Martin, M. King, E. Williams, W. King, Lennard, May, Withrow, Carson, J. P. Williams, Devane, Maxwell, Scott, T. King, Hardin, Outlaw, Grove.—56.

Nays:—Messrs. Horn, Pugh, Nixon, Allen, W. Sheppard, Cabarrus, Fulford, Creecy, T. Pool, Williams, G. Dauge, Sawyer, Fort, Killebrew, J. Hill, B. Harris, Mitchell, J. Jones, Baker, W. Ward, Bryan, Randal, J. H. Bryan, Slade, Bonds, Yates, Grant, Everagin, D. Davis, Skinner, Moye, Spruill, Chesson, Hawkins, Montfort, Hinton, B. Sanders, Handley, Tatom, Goodorom, Cumming, Vick, Knox, Person, Lassiter, H. Hill, Meares, P. Dauge.—48.

Mr. Mebane presented the Petition of Charles Markland and John Herritage, which being read was referred on the part of this House, to Mr. Person, Mr. P. Williams & Mr. Allen, and sent to the Senate.

Mr. Maxwell presented the Memorial of William Delancy, which

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being read, was referred on the part of this House, to the Committee of Claims and sent to the Senate.

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

Mr. Outlaw presented the Petition of Sundry the Inhabitants of French Broad river, praying that a new county be erected, which being read, was referred to the Committee on Indian Affairs and sent to the Senate.

Mr. Anderson presented the Memorial of Travis Harper, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

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

Received from the Senate a Letter from James Iredell, Esqr., addressed to the Honbl. the General Assembly. Endorsed, In Senate, read and referred to the Committee on the representation of the Public Printer; which being read, was referred as by the Senate and returned.

Mr. Goodorom Davis presented the Petition of Sundry the Inhabitants of the Town of Halifax, praying that another Convention be convened to take under consideration the proposed Constitution for the future Government of the United States.

Received from the Senate the Petition of Stephen Hyde. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, was referred as by the Senate.

Received from the Senate a Bill to amend an Act entituled “an Act for the better regulation of the Town of Fayetteville,” passed at Tarborough in November, 1787; and a Bill to annex part of Brunswick County to the County of New Hanover. Endorsed, read the Second time and passed.

Received also a Bill to annex part of Bladen to Robeson County and to amend an Act intituled “an Act to divide the County of Bladen.” Endorsed, read the third time and passed.

Mr. Cabarrus presented the Petition of Edward Tinker, praying, &c.; which being read, was referred to the Committee on the representation of the Public Printer, and sent to the Senate.

Received from the Senate the Memorial of John Oreler. Endorsed,

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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 resignation of John Atkinson one of the Justices of Caswell County. Endorsed, read and accepted; which being read, was accepted by this House and returned.

Mr. Lanier presented the resignation of William Treadgill, Nathan Morris and James Boggan three Justices of the Peace for Anson County; which being read, was accepted by this House and sent to the Senate.

Received from the Senate a Bill to appoint Commissioners to Superintend the building a prison and Stocks for the District of Fayetteville, and to levy a Tax on the Counties within the said District for defraying the expences thereof; and a Bill impowering Thomas Johnston late Sheriff of Onslow County, his Heirs, Executors or Administrators, to collect the Sinking Fund Tax, &c. Endorsed, read the second time and passed.

Mr. Lanier presented the Petition of Joel Martin, John Jennings & Littleberry Roach, praying to be released from the payment of a forfeited recognizance; which being read was rejected.

Mr. Ussory presented the Petition of Joseph Stacy, praying to be released from the payment of his forfeited recognizance; which being read was rejected.

Received from the Senate the Petition of Charles Markland & John Herritage. Endorsed, In Senate, read and referred on the part of the Senate to Mr. Harget, Mr. Graham & Mr. Overton.

Received from the Senate the Petition of John Coart. Endorsed, In Senate, read and referred as by the House of Commons.

Received from the Senate the Petition of the Executors of Arthur Brown, and the Memorial of William Armstrong. Endorsed, read and referred to the Committee of Propositions and Grievances.

The Committee to whom the Memorial of William Wootten & Henry Bradford, acting Executors of the last will and Testament of John Bradford, deceased, was referred, praying an allowance to be made for House rent and firewood furnished the Board of Auditors for Halifax District, Reported,

That by an Act of the General Assembly the several Boards of Auditors in this State were enabled to draw from the Treasury a

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certain sum of Money for the purpose of purchasing Stationery, paying House rent and other necessaries incidental to their offices, and it appearing to your Committee that the said Board did not draw any part of the aforesaid Sum for the purpose aforesaid, they therefore are of opinion that the said Executors be allowed for the benefit of the estate of the said deceased the Sum of Twenty-five pounds in full for House rent, firewood, &c., furnished the said Board.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Received from the Senate a Bill to establish a Town at the Court House in Robeson County by the name of Lumberton. Endorsed, read the first time and passed.

Received also a Bill for erecting a Town on the Lands of Tabitha Marriner and John Marriner in the County of Tyrrell, on the West side of Scuppernong River, at the place called and known by the name of Back Landing. Endorsed, read the second time and passed.

Received from the Senate the Memorial of William Delancy. Endorsed, read and referred as by the House of Commons.

Received from the Senate the following Message, to-wit:

Mr. Speaker & Gentlemen:

We agree to the address by you proposed to be presented His Excellency the Governor, informing him of his late appointment, &c., and have appointed Mr. Blount and Mr. Harvey, on the part of the Senate, to attend and present him with the same.

Ordered that Mr. Cabarrus and Mr. Steele be appointed on the part of this House to attend His Excellency the Governor, with the address above alluded to.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

Mr. Hunt, Mr. Macon and Mr. Lane, will on the part of the Senate act with the Gentlemen by you named for the purpose of receiving from the Treasurer and burning the Money collected on the Sinking Fund Tax now in his hands.

Mr. Speaker & Gentlemen:

We agree to commit the Bill for amending the Militia Law to the Committee on Indian Affairs as by you proposed.

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Mr. Speaker & Gentlemen:

We herewith send you a resolution of the last Assembly, the intentions of which having never been executed, we now propose it shall be submitted to a joint Committee and have appointed on the part of this House, Mr. Lenoir, Mr. Macon, Mr. Jones and Mr. Hill.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

The resolution of the last Assembly, the intention of which has not been carried into effect we agree to refer as by you proposed, and have appointed on our part for that purpose, Mr. J. P. Williams, Mr. Hawkins, Mr. Person, Mr. Maclaine, and Mr. McDowall, Senr.

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


Saturday, 15 November, 1788.

The House met according to adjournment.

Mr. Charles Ward presented a Petition from Duplin County, praying for a second Convention, &c.; which being read, was ordered to lie on the Table.

Mr. Maclaine presented a Petition from Mecklenburg County, praying a Second Convention, &c.; which was ordered to lie on the Table.

Mr. Baker presented a Petition from Hertford County, praying a second Convention, &c.; which was ordered to lie on the Table.

Received from the Senate the report of the Committee on the Memorial of William Wootten and Henry Bradford. Endorsed, read and Concurred with.

The Order of the Day for taking under Consideration the several Petitions laid before this Assembly, praying that a second Convention be Convened for the purpose of taking under Consideration the Constitution of plan of Government proposed for the future Government of the United States of America, being called for and read,

Resolved, That the House Resolve itself into a Committee of the whole House to take under Consideration the propriety of Convening a second Convention. The House Resolved itself into a Committee of the whole House accordingly and chose Mr. Mebane Chairman. After some time spent therein Mr. Speaker resumed the Chair and Mr. Chairman reported that the Committee had taken under Consideration

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the propriety of Convening a second Convention to take under further Consideration the proposed Constitution or form of Government for the United States of America and had come to the following resolution thereupon, to-wit:

Resolved, That it is the opinion of the Committee that it is not now expedient to call a new Convention.

The House taking this resolution into Consideration Concurred therewith.

On the question to concur with this resolution, the Yeas and Nays were required by Mr. W. T. Lewis and seconded by Mr. E. Jones, which are as follows:

Yeas:—Messrs. Brown of Bladen, Cain, Cains, McDowall, McDowall, Jun., Nixon, J. Allen, B. Douglass, Graves, Anderson, Jo. Stewart, Hardiman, Killebrew, J. Hill, B. Davis, Mitchell, Hamilton, Gowdy, J. Jones, Randal, J. H. Bryan, Ussory, J. Douglass, Bonds, Mebane, Yates, Moye, Porter, Bethell, Phillips, Jas. Stewart, Blair, Hawkins, Montfort, Brown of Wilkes, Herndon, Sanders, Hinton, Handley, Branch, Tatom, Vick, Knox, Lindley, Person, Ilolmes, Martin, W. King, Lennard, Lanier, Carson, Devane, Mears, Maxwell, Scott.—55.

Nays:—Messrs. Horn, Pugh, Sheppard, Cabarrus, Fulford, Creecy, J. P. Williams, G. Dauge, Grove, P. Dauge, Sawyer, McKay, Baker, W. Ward, J. Bryan, Maclaine, W. Williams, Slade, Tindall, Phifer, Grant, Everagin, D. Davis, Skinner, Harvey, Bell, Caldwell, Barnes, N. Brown, Houser, W. T. Lewis, Walton, Clendenning, Spruill, G. Davis, Cumming, E. Jones, Steele, Lassiter, M. King, E. Williams, May, Withrow, H. Hill, Hardin, Outlaw, J. Moore.—47.

Received from the Senate a Bill to impower the Courts of Pleas and Quarter Sessions in the several Counties to levy a Tax on the Inhabitants thereof for the purpose of erecting or repairing the Court House, Prison and Stocks therein, when necessary; and

A Bill to emancipate a certain Negro Slave named Phillis, late the property of George Jacobs of the Town of Wilmington. Endorsed, read the first time and passed.

Mr. McDowall, Jun., moved for leave and presented a Bill to suppress settling in the Counties therein mentioned; which was read the first time, passed and sent to the Senate.

Mr. Cabarrus moved for leave and presented a Bill to establish a

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new mode for the tryal of Slaves for Capital offences; which was read the first time, passed & sent to the Senate.

Mr. Mebane presented the Petition of Samuel Mearly, which being read, was referred to the Committee of Propositions and Grievances and Sent to the Senate.

Mr. Hardiman presented the resignation of James Roberson one of the Justices of the Peace for Davidson County, which being read, was accepted by this House and sent to the Senate.

Mr. McDowall presented the Petition of James Brittain of Burke County, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Received from the Senate the Petition and claim of Niel McLean. Endorsed, read and referred to the Committee of Claims; which being read was referred as by the Senate and returned.

Mr. Cabarrus moved for leave and presented a Bill to impower the Courts of Pleas and Quarter Sessions in the several Counties to levy a Tax on the Inhabitants thereof, for the purpose of erecting or repairing the Court House, Prison and Stocks therein, when necessary; Which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to repeal part of an Act, intituled “an Act for the better regulation of the Town of Halifax and extending the liberties thereof, and for altering the mode of laying and levying Taxes in the Town of Edenton.” Endorsed, read the third time and passed.

Received also a Bill to repeal two Acts of the General Assembly of this State, one passed at New Bern in November, 1784, intituled “an Act to describe and ascertain such persons who owe allegiance to this State, and impose certain disqualifications on certain persons therein described;” the other passed at New Bern in the year 1785 intituled “an Act to amend an Act passed at New Bern in November, 1784, intitled “an Act to describe and ascertain such persons who owe allegiance to this State, and to impose certain disqualifications on certain persons therein described.” Endorsed, read the Second time and passed.

Received from His Excellency the Governor, the following Message:

To the Honourable the General Assembly:

Gentlemen:

In pursuance of your Message of yesterday informing me that the

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General Assembly had done me the honor to re-elect me Governor of the State for the ensuing year, I will do myself the honor to attend you in the room where the House of Commons sit at 12 O’clock on Tuesday next, in order to take the Oaths of qualification to that office.

Permit to acknowledge the high estimation in which I hold the great Honor which you have done me on this occasion, and to assure you that my utmost diligence and attention shall be exerted to discharge the important duties of the Department in which you have been pleased to continue me.

SAML. JOHNSTON.

Fayetteville, 11 November, 1788.

Ordered that the above Message be sent to the Senate.

Received from the Senate a Bill to alter the name of Port Brunswick to that of Port Wilmington. Endorsed, read the second time, amended and passed.

Received from the Senate the resignation of William Treadgill, Nathan Morris and James Boggan. Endorsed, read & accepted.

Received from the Senate the Memorial of Travis Harper & Edward Tinker. Endorsed, read and referred as by the House of Commons.

Received also the Petition of Sundry Inhabitants of French Broad river. Endorsed, read and referred as by the House of Commons.

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

The House adjourned until Monday Morning 10 O’clock.


Monday, 17 November, 1788.

The House met according to adjournment.

Mr. Knox presented the Petition of Howel Edmunds & others, Commissioners appointed to lay out a Town at Figures’s Point, praying, &c.; which being read Mr. Knox moved for leave and presented a Bill to amend an Act intituled “an Act to erect a Town on the Lands of Matthew Figures in Northampton County;” which was read the first time, passed and sent to the Senate.

Mr. Mebane presented the Report of the Commissioners of Confiscated Property for the District of Hillsborough; which being read, was referred to the Committee on the Representation of the Public Printer & sent to the Senate.

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The Committee to whom the Petition of Henry Montfort was referred, setting forth that Robert Reid, for himself and Company, Merchants, signed and executed a certain note promising to pay to Edward Hall the sum of one hundred and thirteen pounds with lawful interest till paid, and that by proper assignment the said note became payable to Joseph Montfort, deceased, Father of the said Petitioner, Reported,

That by an Act of the General Assembly the property of the said Robert Reid and Company became confiscated and forfeited to the State, that a part thereof was sold to satisfy an execution obtained against the same, and the over plus of Money, one hundred and ninety-three pounds and ten pence, deposited in the Treasury as the property of the State, as appears by the Treasurer’s Certificate herewith presented. Your Committee therefore beg leave to recommend that a resolution be passed directing the Treasurer to pay to the said Henry Montfort one Hundred and Thirteen pounds, the principal, and fifty-five pounds Eighteen Shillings and Six pence Interest, making in the whole one hundred and Sixty-eight pounds Eighteen Shillings and Six pence; which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith; whereupon,

Resolved, That the Public Treasurer be and he is hereby directed to pay unto Henry Montfort, Esquire, the Sum of One Hundred and Sixty-Eight pounds Currency, and for which he shall be allowed in the settlement of his accounts.

Mr. McDowall moved for leave and presented a Bill to amend an Act passed in the year 1783, intituled “an Act to vest certain lands in fee simple in Richard Henderson and others; which was read the first time, passed and sent to the Senate.

Mr. Cumming moved for leave and presented a Bill to amend an Act to prevent Domestick Insurrections; which was read the first time, passed and sent to the Senate.

Mr. E. Jones moved for leave and presented a Bill for the better ascertaining the Taxable property in the Town of Wilmington, and collecting the Public Taxes which may be imposed thereon, and for the further regulation of the said Town, and also for repairing the Episcopal Church of Saint James, situated therein; which was read the first time, passed and sent to the Senate.

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Mr. Steele presented the Petitions of James Kerr, one as Administrator on the Estate of Gilbreath Falls, praying that the General Assembly would authorize the present Treasurer to make a settlement with him as administrator aforesaid. The other praying an allowance for sundries furnished for the use of the late Continental Army; which being read, were referred to the Commitee of Propositions and Grievances & sent to the Senate.

Received from His Excellency the Governor, the following Message:

To the Honourable the General Assembly:

Gentlemen:

I submit to your consideration a Letter from Mr. Murphree, Commissioner for the Sale of Confiscated property in the District of Edenton, and all sundry papers sent to me by the Commissioner for purchasing Tobacco in the District of Halifax, containing a state of His transaction in that Department.

SAML. JOHNSTON.

At the same time received the Letter and papers above referred to, which being read was referred to the Committee on Revenue and sent to the Senate.

The Bill to repeal part of an Act, intituled “an Act for the better regulation of the Town of Halifax and extending the liberties thereof, and for altering the mode of laying and levying Taxes in the Town of Edenton;” was read the third time, passed and ordered to be Engrossed.

Received from the Senate a Bill once more to extend an Act intitled “an Act to pardon and Consign to oblivion the offences and misconduct of certain persons in the Counties of Washington, Sullivan, Greene and Hawkins.” Endorsed, read the second time and passed.

Received also a Bill to annex part of the County of Carteret to the County of Jones. Endorsed, read the third time and passed.

Resolved, That no Bill of a private nature be received in the General Assembly after Thursday next.

The Bill to repeal part of an Act passed at Tarborough in November Session, 1787, intitled “an Act to regulate the Inspection of Tobacco in this State;” was read and laid over until the next Assembly.

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

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to amend an Act intitled “an Act to direct the method of appointing Jurors and Surveyors to run out disputed Lands.” Ordered that he have leave accordingly.

Received from the Senate A Bill for levying a Tax for the support of Government, and for the redemption of the old paper Currency, Continental Money and Specie and other Certificates, and for sinking the State Currency; and

A Bill ceding to the Congress of the United States certain Western Lands therein described, and authorizing the Governor of this State to execute a Deed or Deeds for the same. Endorsed, read the first time and passed.

Received also the resignation of James Robertson. Endorsed, in Senate, read and accepted.

The Bill to confirm the rights and titles of several Citizens of this State in certain Negroes therein described, and preventing unjust and vexatious Law Suits, was read the second time, passed and sent to the Senate.

The Bill to continue an Act passed at Tarborough December, 1787, intitled “an Act for fixing the final settlement of unliquidated claims against this State and against the United States within this State,” was read the third time, passed and ordered to be Engrossed.

Mr. W. B. Grove presented the Petition of Sundry of the Inhabitants of Bladen County, praying that a part of the said County be added to Cumberland County, which being read, Mr. Grove moved for leave and presented a Bill for adding part of Bladen to Cumberland County; which was read the first time, passed and sent to the Senate.

Mr. E. Jones moved for leave to withdraw for amendment the Bill to amend an Act entitled “an Act directing the method of Electing members of the General Assembly, and more fully explaining the disqualifying clauses in the Constitution.” Ordered that he have leave accordingly.

The Bill to repeal two Acts of the General Assembly of this State, one passed at New Bern in November, 1784, intitled “an Act to describe and ascertain such persons who owe allegiance to this State, and impose certain disqualification on certain persons therein described;” the other passed at New Bern in the year 1785, intitled “an Act to amend an Act passed at New Bern in November, 1784, intitled an Act to describe and ascertain such persons who owe allegiance

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to this State and to impose certain disqualifications on certain persons therein described,” was read the Second time, and laid over until the next General Assembly.

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

Mr. Maxwell moved for leave and presented a Bill to amend an Act entitled “an Act for appointing the place of holding Courts of Pleas and Quarter Sessions in the County of Sullivan,” passed at Fayetteville, 1786, which was read the first time, passed and sent to the Senate.

The Bill Ceding to the Congress of the United States certain Western Lands therein described, and authorizing the Governor of this State to execute a Deed or Deeds for the same, was read for the first time, passed and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that seven members of any of the Committees, except that on revenue, be considered a quorum to proceed on business.

The Bill for levying a Tax for the support of Government, and for the redemption of the old Paper Currency, Continental Money, and Specie and other Certificates, and for sinking the State Currency, was read the first time, passed and sent to the Senate.

Mr. Cabarrus presented the Petition of Jesse Bryan, which being read, was referred to the Committee of Claims and sent to the Senate.

The Committee to whom was referred the Petition of William Scott, Reported,

That Samuel Scott, in the year 1753 obtained a Grant from Lord Granville’s office for six hundred and forty acres of Land, which said Land is now possessed by William Scott son of the said Samuel Scott, that the said tract of land was intended to be a square of eighty chains each way, but through mistake of the surveyor the plot returned specifies such courses and distances as will only secure to the said William Scott about three hundred and sixty acres of Land in lieu of the quantity mentioned in the original Grant. The courses mentioned in the original plot are as follows: Beginning at a Water Oak and runs So. 80 chains to a small white and black oak, thence Wt. 80 chains to a Small W. Oak, thence No. with a straight line to the reed fork, crossing the mouth of the Rich Fork, which makes the land in a

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triangular form, which your Committee conceive was never intended, but that the courses and distances of the lines of said lands were to be as follows: 1. Beginning at a White Oak Corner to No. 13, running South along that line 320 poles, then No. 320 poles, then East (crossing Reedy Fork twice) 320 Poles to the first station, which courses will include 640 Acres and the very Land intended to be conveyed by Lord Granville to Samuel Scott.

Your Committee are therefore of the opinion that the Grievance of the said William Scott be redressed by passing an Act that he shall hold and possess the land inclusive in the last mentioned Courses, with a provisionary clause that no part of it be claimed by any other person before the passing of such act.

All which is submitted.

W. GOWDY, Ch’n.

The House taking this report into consideration Concurred therewith. Whereupon, Mr. Hamilton moved for leave and presented a Bill to quiet in the possession of William Scott certain Lands therein described; which was read the first time, passed and sent to the Senate.

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


Thursday, 18 November, 1788.

The House met according to adjournment.

Mr. Cabarrus, who had leave to withdraw for amendment the Bill to amend an Act intitled “an Act for hiring out persons convicted on Indictment or presentment, not being able or willing to pay the fees of office and Gaolers fees,” delivered in the same with the amendments.

Mr. King presented the Petition of sundry of the Inhabitants of Hawkins County, praying a division thereof; which being read, Mr. King moved for leave and presented a Bill agreeable to the prayer thereof, which was read the first time, passed and sent to the Senate.

Mr. Goodorom Davis presented the Petition of Sundry Inhabitants of the County and Town of Halifax, praying that a Convention be recommended to take under further Consideration the Federal Constitution; which was read, & ordered to lie on the Table.

Mr. Dickson presented the Petition of Elisabeth Fussel, which

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

Mr. Maxwell presented the Petition of Sundry of the Inhabitants of Washington, praying, &c.; which being read, Mr. Maxwell moved for leave and presented a Bill to annex part of the County of Washington to Sullivan, which was read the first time, passed & sent to the Senate.

Mr. Maclaine presented the Memorial of James Simpson, which being read, was referred to Mr. Phifer, Mr. Parton, Mr. Caldwell & Mr. Maclaine, on the part of this House and sent to the Senate.

Mr. Porter moved for leave and presented a Bill to amend an Act intitled “an Act to amend an Act passed at Fayetteville in November, 1776, entitled an Act to amend an Act passed at New Bern in December, 1785, entitled an Act for increasing the Jurisdiction of the County Courts of Pleas and Quarter Sessions, and of the Justices of the Peace out of Court and directing the time of holding Courts in this State;” which was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of James Glasgow. Endorsed, read and referred to the Committee on the Petition of Mr. John Stewart; which being read, was referred as by the Senate.

Received also the Petition of John Stewart. Endorsed, read and referred on the part of the Senate to Mr. W. Hill, Mr. Blount & Mr. Brown; which being read, was referred to Mr. Hawkins, Mr. Hill and Mr. Ward, and returned.

Received from the Senate the report of the Committee on the Petition of Charles Markland and John Herritage, Concurred with by that House; which being read, was Concurred with by this House and returned.

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

Received from the Senate the Report of the Commitee on the Memorial of Hodge and Willis, Concurred with by that House; which being read, was concurred with by this House and returned.

Received from the Senate the Petition of Thomas Brown of Bladen County. Endorsed, read and referred to Mr. Caswell, Mr. Bloodworth & Mr. Blount; which being read, was referred on the part of this House, to Mr. Steele, Mr. McDowall, Mr. Jones & Mr. J. P. Williams.

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Received from the Senate a resolution of that House for suspending John Cox of Moore, from executing the office of a Justice of the Peace, &c.; which being read was Concurred with and returned.

Received from the Senate the Petition of Joseph Leech. Endorsed, read and referred to Mr. Stewart, Mr. Jones and Mr. C. Johnston; which being read was referred on the part of this House to Mr. McDowall, Mr. Hawkins, Mr. Grove, Mr. Jones & Mr. Person.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The subject matter of a resolution of this House herewith sent you we propose shall be immediatelly reported on by a joint Committee, and have appointed for this purpose on our part, Mr. McDowall, Mr. Jones and Mr. Ben. Williams.

At the same time received the resolution referred to in the foregoing Message, which being read was Concurred with; whereupon the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Outlaw, Mr. McDowall, Mr. Cabarrus, Mr. Person and Mr. Phifer to act with the Gentlemen by vou appointed to confer with Mr. Drumgoole on the propriety of sending a Talk to certain Indian Tribes, &c.

The Bill to alter the name of Port Brunswick to that of Port Wilmington, was read the third time, passed and sent to the Senate

Mr. Grove presented the Petition and Claim of Duncan Buie, which being read, was rejected for want of proper vouchers to support the justness thereof.

The Bill to amend an Act intitled “an Act for the more regular collecting, payment of and accounting for the public Tax,” was read the first time, passed and sent to the Senate.

The Bill for the recovery of Debts according to contract, was read the first time & laid over until the next Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This being the day which His Excellency the Governor, was requested to attend the General Assembly in order to qualify to his late appointment, we propose that two Members from each House be appointed to attend and conduct him to the place already appointed for

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his reception; we have for this purpose appointed Mr. Cabarrus and Mr. Steele.

The Bill to annex part of Bladen to Robeson County, and to amend an Act entitled “an Act to divide the County of Bladen,” was read the third time, passed and ordered to be Engrossed.

The Bill to emancipate a certain Negro Slave named Phillis, late the property of George Jacobs of the Town of Wilmington, deceased; was read the first time, passed and sent to the Senate.

The Bill for erecting a Town on the Lands of Tabitha Marriner in the County of Tyrrell on the West side of Scuppernong river, at the place called and known by the name of Back Landing, was read the third time, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Petition of Henry Montfort, and the Resolution of this House in consequence thereof, directing the Treasurer to pay him a certain sum therein mentioned, Concurred with.

Received from the Senate the Petition of James Kerr, Samuel Marley and Jesse Bryan. Severally endorsed, read and referred as by the House of Commons.

The Bill to appoint Commissioners to superintend the building a Prison and Stocks for the District of Fayetteville, and to levy a Tax on the Counties within the said District for defraying the expences thereof; was read the Second time, passed and sent to the Senate.

The Bill to annex part of Brunswick County to the County of New Hanover, was read the second time, passed and sent to the Senate.

The Bill impowering Thomas Johnson late Sheriff of Onslow County, his Heirs, Executors and Administrators, to collect the Sinking fund Tax due from his County for the year 1786, and for giving him or them a longer time for collecting and settling the same, was read the Second time, passed and sent to the Senate.

The Bill to establish a Town already laid off at the Court House in Robeson County by the name of Lumberton, was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of John Coleson. Endorsed, In Senate, 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 Thomas Pitt & Henry Hill. Endorsed,

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read and referred to the Committee on the Petition of Joseph Leech; which being read, was referred as by the Senate and returned.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that seven Members shall constitute a quorum for the transaction of business in any of the Committees, that on revenue excepted, as by you proposed.

Received from the Senate the Report of the Commissioner of Confiscated property of Hillsborough District. Endorsed, read and referred as by the House of Commons.

Received from the Senate a Bill to carry into effect the Ordinance of the Constitution held at Hillsborough in July, 1788, intitled “an Ordinance for establishing a place for holding the future meetings of the General Assembly, and the place of residence of the Chief Officers of the State.” Endorsed, read the second time, amended and passed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

Mr. Blount and Mr. Williams will, on the part of this House, attend and conduct His Excellency into the presence of the General Assembly.

Received from the Senate the Petition of James Brittain. Endorsed, read and referred as by the House of Commons.

Mr. Person moved for leave and presented a Bill for amending an Act for establishing Courts of Law, and for regulating the proceedings therein, and another act entitled “an Act for giving an Equity Jurisdiction to the Superior Courts;” which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for impowering the Navigation of Albemarle Sound. Endorsed, read the first time & passed.

Received from the Senate the Resolve of this House declaring that no Bill of a private nature shall be received after Thursday next, Concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the General Assembly proceed to ballot To-morrow evening at 4 O’clock for a public Treasurer, and the place at which the next Assembly shall be held; we nominate for Treasurer John

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Haywood, Esquire. For the place at which the next Assembly shall be held the Towns of Warrenton, Fayetteville, Hillsborough, New Bern and Tarborough.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that a Public Treasurer be balloted for at the time by you proposed, but do not agree to ballot at the same time for the place at which the next Assembly shall be held, and propose that business be postponed until Saturday, the 29th Instant.

The Senate and Commons, according to order, assembled in Conference, the Speaker and Members being seated, the Gentlemen appointed by both Houses to attend His Excellency the Governor, and conduct him to the place appointed for his reception, accordingly attended and conducted him to the room where the House of Commons Sit, who then and there, in the presence of the General Assembly, qualified as Governor, by taking the Oath of Allegiance, and also an Oath of office.

Ordered that the following Bills be read for the third reading in this House to-morrow, to-wit:

A Bill once more to extend an Act intitled “an Act to pardon & consign to oblivion the offences and misconduct of certain persons in the Counties of Washington, Sullivan, Greene and Hawkins;”

A Bill to carry into effect the Ordinance of the Convention, &c.;

A Supplementary Bill to an Act concerning proving Wills and granting Letters of Administration, &c.

The Committee, to whom the Petition of Stephen Hyde was referred, setting forth that about twelve years ago he intermarried with Susanna Fanning daughter of John Colson, that in consequence of such marriage the said Colson gave him a tract of Land in Anson County Containing 650 Acres and which he possessed until the year 1786, when Charles Bruce, Esquire, Commissioner of Confiscated property for the district of Salisbury advertised and sold the said 650 Acres of Land as the Property of said Colson; Reported,

That as the aforesaid Land was sold by a legal officer and agreeable to Law, it is the opinion of your Committee it cannot with propriety be restored to the said Hyde; but beg leave to recommend that the Comptroller be directed to issue a Certificate to him to the full amount

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the said Land sold for, properly chequed and numbered, to be of equal value of Audited Certificates.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this Report into Consideration Concurred therewith.

The Committee to whom the Petition of the executors of Arthur Brown, deceased, formerly Sheriff of Bertie County, was referred, Reported,

That as no documents or other papers were adduced to your Committee to elucidate or in any manner establish the legality or equity of the Claim of the said Petition, they are therefore of opinion that it ought to be rejected.

All which is submited.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

The Committee, to whom the Memorial of Andrew Bass was referred, delivered in a report, which being read, was rejected.

The Committee, to whom the Petition of Charles Dixon was referred, Reported,

That it appears by the Petition of the said Dixon and Indictment for a misdemeanor is now hanging over him in the Superior Court for the District of Hillsborough.

Your Committee therefore Conceive it would be improper to grant a pardon to the said Charles Dixon before any conviction be had on the Indictment, and beg leave to recommend that the Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

The House adjourned until To-morrow Morning 10 O’clock.


Wednesday, 19 November, 1788.

The House met according to adjournment.

Received from the Senate the Message from His Excellency the

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Governor, the return of the purchase of Tobacco by the Commissioner of Tarborough & the letter from Hardy Murfree, Commissioner of Confiscation for Edenton district. Endorsed, read and referred as by the House of Commons.

Received from the Senate a Bill to encourage the drainage and recovering a tract of Land in Tyrrell County. Endorsed, read the first time and passed.

Received also, a Bill for dividing the County of Davidson. Endorsed, read the second time and passed.

A resolution adopted by the Senate recommending another Convention to take under further Consideration the proposed Constitution, & sent to this House for Concurrence; in the resolution as it came from the Senate the number of Members recommended to be Elected for each County was three, a motion was made and seconded that the word three should be struck out and the word five inserted; this motion was objected to, the question being put was carried in the affirmative; whereupon, the Yeas and Nays were required by Mr. Phifer and Seconded by Mr. Lindley, which are as follows:

Yeas:—Messrs. J. Brown, Cain, Horn, Pugh, McDowall, Cabarrus, Grove, McKay, B. Douglass, Graves, Jo. Stewart, Dixon, C. Ward, E. Robertson, J. Hill, B. Harris, E. Mitchell, Hamilton, Gowdy, J. Jones, W. Williams, Ussory, J. Douglass, Bond, Mebane, Yates, Grant, Wood, Caldwell, Philips, N. Brown, W. T. Lewis, Spruill, J. H. Bryan, Hawkins, Montfort, Brown of Wilkes, Herndon, Branch, Tatom, Cumming, E. Jones, Vick, Person, Martin, M. King, Lennard, Lanier, Withrow, J. P. Williams, Devane, Scott, T. King, Hardin, Outlaw, W. King.—56.

Nays:—Messrs. McDowall, Jun., Nixon, J. Allen, Fulford, Creecy, T. P. Williams, G. Dauge, P. Dauge, Sawyer, Hardiman, Fort, Killebrew, Baker, W. Ward, J. Bryan, Moore, Maclaine, Slade, Tindale, Phifer, Everagin, D. Davis, Skinner, Harvey, May, S. Allen, Bell, Porter, Barnes, Houser, Walton, Clendenning, Blair, Jas. Stewart, Hinton, Sanders, Handley, G. Davis, Knox, Steele, Lindley, Holmes, Lassiter, E. Williams, Moy, Carson, H. Hill, Maxwell.—48.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message of your House accompanied by sundry

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resolutions, recommending to the people of this State to elect members in another Convention, &c.; with which we do not concur as it now stands. We therfore propose the following amendments, to-wit: That the first resolution be amended to read thus: “Resolved, That it is the opinion of this House a new Convention for the purpose of reconsidering the new Constitution held out by the Federal Convention as a Government for the United States.”

In the second resolution we propose as an amendment, that the number of Persons to be Elected as members for each County be altered from three to five.

In the fourth we propose as an amendment that the resolution be altered to read “the third Monday in November,” instead of the last Monday in October.

Should your House agree to those amendments you will make the resolutions conformable and we will then concur.

Ordered that the Committee have leave to withdraw the Petition and other papers relative thereto.

Mr. McDowall presented the Petition of James Warrenton; which being read, was referred to the Committee of Propositions and Grievances & sent to the Senate.

Mr. Ussory moved for leave and presented a Bill for altering the place for holding the County Courts of Pleas and Quarter Sessions for the County of Montgomery; which was read the first time, passed and sent to the Senate.

Mr. McDowall, Jun., moved for leave and presented a Bill for the relief of persons who may suffer for want of their Grants, Deeds and Mesne Conveyances not being registered within the time heretofore appointed by law; which was read the first time, passed and sent to the Senate.

Mr. Moye presented the Petition of sundry of the Inhabitants of Dobbs County, praying that part of the said County be added to Pitt County; which being read, Mr. Moye moved for leave and presented a Bill for adding part of Dobbs County to Pitt County, which was read the first time, passed and sent to the Senate.

Mr. Grove presented the Memorial of sundry Free Holders and Inhabitants of Fayetteville, praying, &c.; which being read,

Mr. Grove moved for leave and presented a Bill to open a communication between Cape Fear River and upper Fayetteville by making

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Cross Creek navigable; which was read the first time, passed and sent to the Senate.

Mr. Tatom presented the Petition of David Johnston; which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Resolved, That the present General Assembly proceed to ballot for five persons to represent this State in a Convention of the United States, in case such Convention is appointed for the purpose of amending the Constitution, proposed at Philadelphia the 17th September, 1787.

Resolved, That it be recommended by this Assembly to the Convention which is to meet on the third Monday in November, to reconsider the new Constitution, that they also Consider the propriety of allowing the Town of Fayetteville a member to represent the said Town on the same terms with the other District Towns in this State.

On the question to agree to the last resolution the Yeas and Nays were required by Mr. Person, which are as follows:

Yeas:—Messrs. J. Brown, Cains, McDowall, McDowall, Jun., Grove, McKay, B. Douglass, Anderson, Jo. Stewart, Dixon, Hamilton, Gowdy, W. Ward, Moore, Maclaine, Slade, Ussory, Phifer, Mebane, Wood, Bell, Caldwell, Porter, Bethell, Phillips, Barnes, N. Brown, Houser, W. T. Lewis, Walton, Clendenning, Jas. Stewart, Herndon, E. Jones, Steele, Holmes, Martin, M. King, Lennard, May, Withrow, Carson, Maxwell, Scott, T. King, W. King.—46.

Nays:—Messrs. Horn, Nixon, Cabarrus, Fulford, Creecy, T. P. Williams, G. Dauge, P. Dauge, Sawyer, Graves, E. Roberson, Hardiman, Fort, Killebrew, J. Hill, B. Harris, Mitchell, J. Jones, Baker, J. Bryan, J. H. Bryan, Bonds, Yates, Grant, D. Davis, Skinner, Harvey, Mayo, S. Allen, Spruill, Blair, Hawkins, Hinton, Sanders, Handley, Branch, Cumming, Vick, Knox, Person, H. Hill, Hardin, Outlaw.—43.

Received from the Senate a Bill for cutting a navigable Canal from the Waters of Pasquotank River in this State, to the Waters of Elisabeth River in the State of Virgina. Endorsed, read the second time and passed.

Received also, the following Bills. Endorsed, read the first time and passed, to-wit:

A Bill to quiet Thomas Brown, of Bladen County, Esquire, in his

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title to and possession of divers Lands, Tenaments and Hereditaments therein referred to;

A Bill for the recovery of Debts hereafter incurred, according to contract;

A Bill for the relief of Thomas Craike, James Walker, the Executors of John Ancrum and the Administrator of John Forster deceased.

Received from His Excellency the Governor, the following Message:

To the Honourable the General Assembly:

Gentlemen:

I herewith lay before you a letter from the Governor of the Commonwealth of Virginia, with sundry papers referred to in that Letter.

SAML. JOHNSTON.

At the same time received the Letters, &c., above referred to; which being read, were referred to the Committee on Public Bills, & sent to the Senate.

Received from His Excellency the Governor the following Message:

To the Honourable the General Assembly:

Gentlemen:

Permit me to recommend to your particular attention a Letter from the Superintendant of Indian Affairs in the Southern Department, and the papers referred to in that Letter.

SAML. JOHNSTON.

At the same time received the Letter and papers referred to in the above Message; which being read, were referred to the Committee on Indian Affairs and sent to the Senate.

The Committee to whom the Petition of Thomas Donoho and William Sanders praying a remission of their confinement in Hillsborough Gaol, was referred, Reported,

That it is the opinion of your Committee, whenever the said Donoho and Sanders produce to His Excellency the Governor, satisfactory Testimony that they have complied with the sentence of the Court as far as it respects the payment of the fines and all the cost of the prosecution, that he be requested to issue a pardon to the said Donoho and Sanders, remitting the remainder of their Imprisonment absolutely. And your Committee beg leave to recommend that a resolution

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be passed requesting the Governor to issue his Pardon Accordingly.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration concurred therewith; whereupon,

Resolved, That His Excellency the Governor, be requested to issue a pardon to Thomas Donoho and William Sanders, now in the Gaol of Hillsborough District under a Sentence of the Superior Court on Indictment of misdemeanors, pardoning and remitting the remainder of their imprisonment, whenever the said Thomas Donoho and William Sanders shall produce to His Excellency Satisfactory Testimony that they have fully complied with the Sentence of the said Court by paying the fines imposed and all cost accrueing thereon, and given Security agreeably to Law:

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We do not concur with your proposition relative to balloting on Saturday the 29th Inst., for the place at which the next Assembly shall be held; neither do we agree to ballot for the Public Treasurer this Evening, but will consent, and propose that this business be entered on To-morrow at 4 O’clock.

We also propose that a Vendue Master for the Town of New Bern, and Judge for the Marine Court at the Town of Washington, be made choice of at the same time, and nominate for Judge, Jonathan Loomass, for Vendue Master John Smallwood and Henry Purse.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message of your House proposing to ballot for the several public offices therein mentioned, to-morrow at four O’clock in the afternoon, with which we do not Concur; but propose that the several officers by you mentioned be balloted for on Saturday next at four O’clock in the afternoon.

The House adjourned until To-morrow Morning 10 O’clock.


Thursday, 20th November, 1788.

The House met according to adjournment.

Mr. Carson moved for leave and presented a Bill to alter the manner

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of holding Election for Members of the General Assembly in Rowan County; which was read the first time, passed and sent to the Senate.

Mr. Bonds presented the Petition of Thomas Viveritt, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Cumming moved for leave and presented a Bill to regulate the Town of Edenton, which was read the first time and passed.

Mr. P. Dauge moved for leave and presented A Bill to impower the Wardens of the Poor in the County of Camden to levy a Tax to enable them to settle the arrears due from the said County, which was read the first time & sent to the Senate.

Mr. Cumming moved for leave to withdraw for amendment the Bill to regulate the Town of Edenton. Ordered that he have leave accordingly.

Mr. Randall, who had leave to withdraw for amendment the Bill to annex part of Dobbs County to the County of Jones, delivered in at the Clerks Table the Bill with the amendments.

Mr. Phifer moved for leave and presented a Bill to repeal part of an Act passed at New Bern November, 1785, intituled “an Act for destroying Wolves, Wildcats, Panthers, & Bears, in the several Counties therein mentioned;” which was read the first time, passed and sent to the Senate.

Mr. Porter moved for leave and presented a Bill to extend the line between the Counties of Burke and Rutherford, and to appoint Commissioners to run said line; which was read the first time, passed and sent to the Senate.

Mr. J. Brown moved for leave and presented a Bill to authorize and enable John Coulson to return into this State, and exercise the privileges of a Citizen; which was read the first time, passed and sent to the Senate.

Mr. Maxwell moved for leave and presented a Bill for destroying Wolves, Crows and Squirrels in the Counties therein mentioned; which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to revive part of an Act intitled “an Act to suppress excessive gaming.” Endorsed, read the second time and passed.

Received also the following Bills. Endorsed, read the first time and passed; to-wit:

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A Bill to amend an Act entitled “an Act to establish a Superior Court of Law and Equity in the County of Davidson, passed at New Bern in December, 1785”;

A Bill for the relief of Persons who have suffered or may suffer by their grants, deeds and mesne Conveyances not being proved and registered within the time heretofore appointed by law, and to grant a further time for registering certain Grants heretofore issued from Lord Granville’s office.

Mr. Person presented the Petition of Henry Emanuel Lutterloh, late Colonel in the Continental Army; which being read, Mr. Person moved for leave and presented a Bill to amend the Militia Law, for the establishment of the office of Inspector General of the State, which was read the first time and laid over till the next General Assembly.

Mr. Person moved for leave and presented a Bill for dividing the County of Mecklenburg, which was read the first time, passed and sent to the Senate.

Received from the Senate a resolution of that House directing the Secretary to admit to record a Patent for five hundred Acres of Land granted to Osborn Jeffries, which being read, was concurred with by this House and returned.

Received from the Senate the Petition of William Evans. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, was referred as by the Senate and returned

The Committee, to whom was referred the Petition of Jane Spurgin, delivered in a report thereon, which being read was rejected; Whereupon,

Mr. Person moved for leave and presented a Bill to secure and quiet the wives of the Persons therein described in the possession of the Land and property assigned them by the Laws of this State.

Received from the Senate a Resolution of that House for allowing Hodge and Wills, Public Printers, five hundred pounds, &c.; which being read was rejected; whereupon,

Resolved, That His Excellency the Governor, be requested to grant a warrant on the Treasurer for five hundred pounds in favour of Hodge and Wills, Printers to the State, they previously giving bond and sufficient Security as recommended by the report of a Committee on the Memorial of Hodge and Wills, Concurred with the 18th Inst.

Ordered that the folowing Message be sent to the Senate:

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Mr. Speaker & Gentlemen:

The resolution of your House allowing Hodge and Wills, public printers, five hundred pounds for the purposes therein expressed, we have thought proper to reject; and now send you for Concurrence a resolution requesting His Excellency the Governor, to grant them a warrant for five hundred pounds on their complying with a report of a Committee therein alluded to.

Mr. Steele presented sundry Petitions from Greene County, which being read, were referred to the Committee on Indian Affairs and sent to the Senate.

Mr. Person presented the Petition of sundry of the Inhabitants of Randolph County, which being read, was referred to the Committee of Propositions and Grievances & sent to the Senate.

Mr. Bethell moved for leave and presented a Bill to revive part of an Act passed at New Bern in the year 1785, intitled “an Act for dividing Guilford County.”

Mr. Outlaw moved for leave to withdraw for amendment the Bill once more to extend an Act intitled “an Act to consign to oblivion the offences & misconduct of certain persons in the Counties of Washington, Greene, Sullivan and Hawkins.” Ordered that he have leave.

Mr. Lennard presented the Memorial of John Walker, Esquire, of the Town of Wilmington, setting forth that Mr. Edward Jones, one of the sitting members in this House was not entitled to a Seat therein, from a supposition that he was not entitled to Citizenship; which being read, was referred to the Committee of Privileges and Elections.

Received from the Senate the report of the Committee on the Petition of Thomas Donoho and William Sanders, and the resolution of this House in consequence thereof. Endorsed, In Senate, read and Concurred with.

Received also the Message from His Excellency the Governor, with the Letter from the Governor of Virginia and papers therein referred to. Endorsed, read and referred as by the House of Commons.

The Bill to carry into effect the ordinance of the Convention held at Hillsborough in July, 1788, entitled “an Ordinance for establishing a place for holding the future meetings of the General Assembly, & the place of residence of the Chief Officers of the State,” was read the Second time; whereupon, a motion was made by Mr. Phifer and Seconded by Mr. Grove, that this Bill lie over until the next General

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Assembly, which was objected to. The question being put was carried in the affirmative, whereupon the Yeas and Nays were required by Mr. Cabarrus, and are as follows:

Yeas:—Messrs. J. Brown, Cain, Cains, McDowall, McDowall, Jun., Grove, McKay, B. Douglass, Graves, Anderson, Jo. Stewart, Dixon, Hardiman, Hamilton, Gowdy, Moore, Maclaine, Tindall, Ussory, Phifer, J. Douglass, Mebane, Yates, Grant, Wood, Bell, Caldwell, Porter, Bethell, Phillips, Barnes, N. Brown, Houser, W. T. Lewis, Clendenning, Jas. Stewart, Blair, Brown (Wilkes), Herndon. E. Jones, Lindley, Holmes, W. Martin, M. King, E. Williams, W. King, Lennard, Lanier, May, Withrow, Carson, J. P. Williams, Devane, Maxwell, Scott, Hardin, Steele.—57.

Nays:—Messrs. Horn, Pugh, Nixon, J. Allen, Cabarrus, Fulford, Creecy, T. Pool Williams, G. Dauge, P. Dauge, Sawyer, E. Robertson, Fort, Killebrew, J. Hill, B. Harris, Mitchell, J. Jones, Baker, W. Ward, J. Bryan, Randall, W. Williams, Slade, Bonds, D. Davis, Skinner, Harvey, Moye, S. Allen, Walton, Spruill, Hawkins, Montfort, Hinton, Sanders, Handley, Branch, Tatom, G. Davis, Cumming, Vick, Knox, Person, Lassiter, H. Hill, Outlaw.—47.

Mr. Steele presented the Petition of James Craig, which being read, was referred on the part of this House to Mr. Steele, Mr. Hamilton, Mr. Baker, Mr. Houser, & Mr. Phifer and sent to the Senate.

Mr. E. Jones moved for leave and presented a Bill to amend an Act entitled “an Act for the promotion of learning in the district of Wilmington.”

Mr. Lassiter moved for leave and presented a Bill to amend the several Acts of Assembly to prevent dealing and trafficing with slaves.

Mr. Cumming moved for leave and presented a Bill to amend an Act to prevent the exportation of unmerchantable Commodities.

The Committee to whom the Petition of John Williams, eldest surviving son of James Williams of South Carolina, deceased, was referred, Reported,

That by a resolution of the General Assembly passed at Hillsborough 1780, the said Petitioners father, James Williams, was authorized to draw the Sum of Twenty-five Thousand Dollars from the Treasury of this State, conditioned that the Money should be applied in raising Troops for the defence of this State, then invaded by the British Army. That your Committee are induced to believe the Money was applied to that particular business as he was soon after the

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reception thereof seen in action at King’s Mountain, at the head of three or four hundred men, where he gloriously fell.

Your Committee therefore beg leave to recommend that a Resolution be passed, releasing and acquitting the said James Williams, his Heirs, Executors and Administrators from the aforesaid draft.

Which is submitted.

THOMAS PERSON, Ch’n.

The House taking this Report into Consideration Concurred therewith; whereupon,

Resolved, That the Estate of James Williams, Esquire, deceased, late of the State of South Carolina, be released and acquitted from the payment of Twenty-five Thousand Dollars advanced to the said deceased in his lifetime by this State, for the purpose of raising men for the defense of this & the United States, it having been manifest to this Assembly, that he was in action at the battle of King’s Mountain, where he headed three or four hundred men, and in which action he gloriously fell a sacrifice to liberty.

The Committee to whom the Petition of Robert Linn, Commissary, praying a releasement of a balance of Sixty-four pounds five Shillings owing to the State on a settlement with the Auditors, Reported,

That no voucher being produced to the Committee establishing any fraud in the said settlement, they presume the said Robert Linn stands justly indebted to the State the above Sum of Sixty-four pounds five shillings Currency; they therefore beg to recommend that the said Petition be rejected.

Which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

The House adjourned until To-morrow Morning 10 O’clock.


Friday, 21 November, 1788.

The House met according to adjournment.

Received from the Senate the following Reports, Concurred with by that House, to-wit:

On the Petition of the Executors of Arthur Brown;

On the Petition of Stephen Hyde & on the Petition of Charles Dixon.

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Received also the following Message:

Mr. Speaker & Gentlemen:

The resolution of your House in favor of Hodge and Wills, Public Printers, we return you Concurred with.

At the same time received the resolution above referred to, concurred with.

Received from the Senate the following Bills. Endorsed, read the first time and passed, to-wit:

A Bill to annex part of the County of Washington to Sullivan;

A Bill to amend an Act passed in the year 1783, intitled “an Act to vest certain lands in fee simple in Richard Henderson & others.”

A Bill to impower the Wardens of the poor for the County of Camden to lay a Tax to enable them to settle the arrears due from the said County;

A Bill to alter the manner of holding Elections for Members of the General Assembly in Rowan County;

A Bill for the dividing the County of Hawkins;

A Bill to repeal part of an Act passed at New Bern, November 1785, intitled “an Act for destroying wolves, wildcats, Panthers, Bears,” &c., in the several counties therein mentioned;

A Bill to invest Thomas Maples, Jun., his Heirs and assigns, for ever with a title in fee simple to a certain tract of Land;

A Bill for the regulation of Edenton Ferry;

A Bill to repeal part of an Act intitled “an Act to alter the mode of punishing horse stealing,” and also to repeal an Act to prevent Horse-Stealing;

A Bill to enable John Crawford late Sheriff of Anson County, to collect the arrearages of taxes for the year 1779;

A Bill to open a Communication between Cape Fear River and upper Fayetteville by making Cross Creek navigable;

A Bill to direct in what manner the Members of the General Assembly shall be paid for their services and attendance in future;

A Bill to amend an Act intitled “an Act to prevent domestic insurrections;”

A Bill for the better ascertaining the taxable property in the Town of Wilmington & collecting the public taxes and other taxes which may be imposed thereon, and for the further regulation of the said town; and also for repairing the Episcopal Church of Saint James situated therein.

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Received from the Senate the Petitions of Thomas Viverett, David Johnston, The Inhabitants of Randolph County & the Petitions from Greene County. Severally endorsed, read and referred as by the House of Commons.

Mr. Outlaw, who had leave to withdraw for amendment the Bill once more to extend an Act intiled “an Act to pardon and consign to oblivion the offences & misconduct of certain persons in the Counties of Washington, Greene, Sullivan and Hawkins;” delivered in at the Clerks Table the Bill with the amendments; whereupon, this Bill was read the second time, amended, passed and sent to the Senate.

On the question shall this Bill pass or not pass, the Yeas & Nays were required by Mr. W. T. Lewis, which are as follows:

Yeas:—Messrs. Horn, Pugh, Cains, Cabarrus, G. Dauge, P. Dauge, Sawyer, B. Douglass, Graves, Anderson, E. Robertson, Killebrew, J. Hill, J. Jones, Baker, W. Ward, W. Williams, Slade, Phifer, J. Douglass, Bonds, D. Davis, Moye, S. Allen, Wood, Porter, Barnes, N. Brown, Houser, W. T. Lewis, Walton, Clendenning, Montfort, Hinton, Sanders, Branch, Tatom, G. Davis, Cumming, E. Jones, Vick, Holmes, Lassiter, W. King, Lanier, Withrow, H. Hill, J. P. Williams, Devane, T. King, Hardin, Outlaw.—52.

Nays:—Messrs. J. Brown, Cain, McDowall, McDowall, Jun., Fulford, T. Pool Williams, Grove, McKay, Hamilton, Gowdy, Moore, Maclaine, Tindall, Ussory, Mebane, Yates, Grant, Everagin, Skinner, Harvey, Bell, Caldwell, Spruill, Jas. Stewart, Blair, Hawkins, Brown (Wilkes), Knox, Person, Lennard, Carson, Maxwell, Scott.—33.

Received from the Senate the following Bills. Endorsed, read the first time & passed; to-wit:

A Bill to amend an Act intitled “an Act for appointing the place of holding Courts of Pleas and Quarter Sessions in the County of Sullivan;” &c.;

A Bill to impower the Courts of Pleas & Quarter Sessions in the several Counties to levy a Tax on the Inhabitants thereof for the purpose of erecting or repairing the Court House, Prison and Stocks therein, when necessary.

A Bill to amend an Act intitled “an Act to erect a Town on the Land of Matthew Figures,” &c.;

A Bill to extend the Line between the Counties of Burke and Rutherford, &c.;

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A Bill to suppress settling, &c.;

A Bill to establish a new mode of tryal of Slaves for Capital offences;

A Bill to quiet in the possession of William Scott certain Lands, &c.

Received from the Senate the report of the Committee on the Memorial of Thomas Brown. Endorsed, read and concurred with; which being read, was concured with by this House and returned.

The Bill to quiet Thomas Brown, of Bladen County, Esquire, in his title to and possession of divers Lands, Tenements and Hereditaments therein referred to, was read the first time, passed and sent to the Senate.

Received from the Senate the following Bills. Endorsed, read the second time and paseed; to-wit:

A Bill to appoint Commissioners to superintend the building a Prison & Stocks for the District of Fayetteville, &c.;

A Bill to amend an Act intitled “an Act for the regulation of the Town of Hillsborough;”

A Bill impowering Thomas Johnston late Sheriff of Onslow County, his heirs, Executors, and Administrators, to collect the Sinking Fund Tax, &c.

Received from the Senate the report of the Committee on the Memorial of John Williams, the eldest surviving son of James Williams, late of South Carolina, dec’d; and the resolution of this House in consequence thereof, Concurred with by that House.

Received also, the Petition of James Craig. Endorsed, In Senread and referred to Mr. Bryan, Mr. Lenoir & Mr. Armstrong.

The Committee, appointed to confer with Mr. Drumgoole, Reported,

That Mr. Drumgoole is willing to wait some days until the General Assembly shall come to some determination on the subject of Indian Affairs, and to carry any Talk or Talks, which they may think proper to send to the Cherokees, Chickamawgaws or Creeks; provided the Assembly will make a reasonable allowance for his delay while here.

Mr. Drumgoole has a Wagon and five Horses in Town and three persons to maintain, therefore your Committee are of opinion that Mr. Drumgole be allowed the Sum of four pounds per day while he

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remains here waiting the orders of the Assembly, commencing the 17th day of November.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. McDowall, Jun., moved for leave and presented a Bill to encourage the building of Iron Works in this State; which was read the first time, passed & sent to the Senate.

Mr. Person moved for leave to withdraw for amendment the Bill to secure and quiet the wives of the persons therein described in the possession of the Land & property assigned them by the Laws of this State. Ordered that he have leave.

Received from the Senate the Bill to establish a Town already laid off at the Court House in Robeson County, &c.; and a Bill to emancipate a certain Negro Slave named Phillis late the property of George Jacobs, of the Town of Wilmington. Endorsed, read the Second time and passed.

Received also a Bill to annex part of Brunswick County to the County of New Hanover, and a Bill to confirm the rights and titles of several Citizens of this State in certain Negroes therein described, & preventing unjust and vexatious Law Suits. Endorsed, read the third time and passed.

Mr. Robeson moved for leave to withdraw for amendment the Bill for dividing Davidson County. Ordered that he have leave.

The Bill to revive part of an Act passed at New Bern in the year 1785, intitled “an Act for dividing Guilford County,” was read the first time, passed and sent to the Senate.

The Bill to amend the several Acts of Assembly to prevent dealing and trafficking with Slaves, was read the first time, passed & sent to the Senate.

The Bill to direct in what manner the Members of the General Assembly shall be paid for their services and attendance in future, was read the first time, passed and sent to the Senate.

The Bill to amend an Act to prevent the exportation of unmerchantable Commodities, was read the first time, passed and sent to the Senate.

The Bill to amend an Act intitled “An Act to establish a Superior Court of Law and Equity in the County of Davidson; passed at New

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Bern in December, 1785, was read the first time, passed and sent to the Senate.

The Bill for the recovery of Debts hereafter incurred, according to contract, was read the first time, passed & sent to the Senate.

The Bill for improving the navigation of Albemarle Sound, was read the first time, passed & sent to the Senate.

The Bill to encourage the draining and recovering a Tract of Land in Tyrrell County, was read the first time, passed & sent to the Senate.

The Bill for the relief of Persons who have suffered or may suffer by their grants, Deeds and mesne Conveyances not being proved and registered within the time heretofore appointed by Law, and to grant a farther time for registering certain Grants heretofore issued from Lord Granville’s office, was read the first time, passed and sent to the Senate.

The Bill to amend an Act intitled “an Act for the promotion of learning in the district of Wilmington,” was read the first time, passed and sent to the Senate.

The Bill for the regulation of Edenton Ferry, was read the first time, passed & sent to the Senate.

The Bill for the relief of Thomas Craik and James Walker, the Executrix of John Ancrum and the Administrator of John Forster, deceased was read the first time, passed & sent to the Senate.

The Bill to enable John Crawford late Sheriff of Anson County, to collect the arrearages of Tax for the year 1779, was read the first time, passed & sent to the Senate.

The Bill to repeal part of an Act intitled “an Act to alter the mode of punishing Horse Stealing;” also to repeal an Act to prevent Horse stealing, was read the first time, passed and sent to the Senate.

The Bill to amend an Act intitled “an Act for appointing the place of holding Courts of Pleas and Quarter Sessions in the County of Sullivan;” passed at Fayetteville 1786, was read the Second time, passed and sent to the Senate.

The Bill to invest Thomas Maples, Jun., his Heirs & Assigns, forever with the title in fee simple to a certain tract of Land; was read the first time, passed and sent to the Senate.

Recived from the Senate the Bill to encourage the building of Iron Works in this State. Endorsed, read the first time and passed.

Received also, a Bill to quiet Thomas Brown, of Bladen County, Esquire, in his title to and possession of divers lands, Tenements and

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Hereditaments, therein referred to. Endorsed, read the second time and passed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We herewith send you sundry payrolls for services performed in a late expedition against the Indians, Commanded by General Martin, which we propose shall be reported on by a joint Committee, and have appointed for this purpose on the part of the Senate, Mr. McDowall, Mr. Graham, Mr. Lane, Mr. W. Hill, Mr. C. Johnson, Mr. Ben. Williams, Mr. Dupree, Mr. Willis and Mr. Robinson.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the payrolls for services performed on a late expedition against the Indians be referred to a joint Committee as by you proposed, and have for this purpose appointed Mr. J. Brown (of Wilkes), Mr. E. Robeson, Mr. Maxwell, Mr. Steele, Mr. Person, Mr. J. Jones, Mr. Cabarrus, Mr. Grove, Mr. W. Ward and Mr. J. P. Williams, to act with the Gentlemen by you appointed as a Committee.

Received from the Senate a Petition in favour of Jacob Clynard, which being read was rejected.

Ordered that Mr. Steele have leave to withdraw this Petition.

Received from the Senate the following Petitions. Endorsed, read and referred to the Committee of Propositions and Grievances; to-wit:

The Petition of Saucer Keen;

A Petition in favour of David Davis;

The Petition of Christopher Reddick;

The Petition & remonstrance of Andrew Bass.

These Petitions being read, were severally referred as by the Senate and returned.

Received from the Senate the resignation of Thomas Everett & Richard Huff, of Tyrrell County, James Sanders and John Sommers of Caswell County, as Justices of the Peace, and Frely Jones as First Major of the Tyrrel regiment of Militia. Severally endorsed, read and accepted; which resignations being read, were accepted by this House & returned.

Received from the Senate the Petition of Samuel Doak. Endorsed,

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read and referred to the Committee on the payrolls for the Western expedition; which being read, was referred as by the Senate and returned.

Mr. Outlaw presented sundry Payrolls for services performed on an expedition against the Indians. Ordered that they be referred to the Committee heretofore appointed to examine and report upon payrolls of a similar nature.

The Committee to whom the Petition of Henry Hill and Thomas Fitt was referred, Reported,

That the said Petitioners had at a Considerable expence & risque fitted out a ship to Coast off Africa for a Cargo of Slaves; That at the time the said Ship sailed the duty on imported Slaves was no more than two and a half per cent.; that after the sailing of the said ship and before her return the Law was passed increasing the duty on Slaves imported from Africa and that the Petitioners, ready to make every compensation in their power, are willing to pay double the duty which was laid on Slaves at the time they commenced the said voyage. Your Committee are therefore unanimously of opinion that the said Petitioners on paying double the duty receivable on slaves on the first day of October, 1786, that is to say on their paying five per cent. on the original cost of the said Slaves, they be exonerated from the payment of any other or further duty on the said cargo of slaves imported from Africa some time in May or June, 1787, and that the collector of the Imports for Port Roanoke Govern himself with respect to the said Cargo of Slaves accordingly.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration concurred therewith.

Received from the Senate the Report of the Committee on the Memorial of the Secretary, which being read was rejected.

Received from the Senate the resolution of this House for appointing five persons by ballot to represent this State in a Convention of the States, should one be called, and recommending to the next Convention of this State to take under consideration the propriety of allowing the Town of Fayetteville a Member in General Assembly, Concurred with.

Received from the Senate a list of the Warrants Granted by Governor Caswell from the 26th Nov. to the 16th Dec., 1787. Endorsed,

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read and referred to the Committee on Revenue; which being read, was referred as by the Senate and returned.

Received also, the Petition of Henry Spears. Endorsed, read & referred to Mr. Bryan, Mr. Armstrong and Mr. McCawley; which being read, was referred on the part of this House to Mr. Houser, Mr. Mebane, Mr. Horn, Mr. Lewis & Mr. Caldwell & returned.

Received from the Senate a resolution of that House declaring that no person should be allowed pay as a Member of the General Assembly & as a Member of the State Convention for the same time; which being read, was concurred with and returned.

Received from the Senate the two following Messages, to-wit:

Mr. Speaker & Gentlemen:

We propose that the Petition of James Warrenton be referred to a joint Committee, and have for this purpose on our part appointed Mr. C. Johnson.

Mr. Speaker & Gentlemen:

We propose that the Petition of Elisabeth Fuzzell be referred to the Committee appointed on Jane Simpson’s Memorial, rather than to the Committee of Propositions & Grievances, as by you proposed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Petition of Mr. Warrenton be referred to a joint Committee as by you proposed, and have for this purpose on our part, appointed Mr. Cabarrus & Mr. Horn. We also agree that the Petition of Elisabeth Fuzzel be reported on by the Committee to whom was referred the Petition of Jane Simpson.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We agree to postpone the balloting for the public Treasurer, place at which the next Assembly shall be held, &c., until Saturday next as by you proposed.

Mr. Speaker & Gentlemen:

We consent to the whole of the amendments, as by you proposed, to be made in the resolution of this House relative to the calling a second Convention, and now send them for your concurrence.

At the same time received the resolutions above referred to; which being read, were concurred with and returned.

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Mr. Person, on behalf of himself and others, moved for leave to enter a protest against the concurrence of this House to the resolutions above referred to. Ordered that he have leave.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith return the resolutions of your House for calling another Convention, Concurred with as amended.

Ordered that the Bill to annex part of Dobbs County to the County of Jones be read to-morrow for the second time.

The House adjourned until To-morrow Morning 10 O’clock.


Saturday, 22 November, 1788.

The House met according to adjournment.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

It was the sense of this House that the place for holding the next Assembly, be balloted for this evening, altho’ it was omitted to be expressed in our last Message.

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

Mr. Phifer presented the Memorial of Matthew McClure, which being read, was referred to Mr. Steele, Mr. Hawkins, Mr. Person, Mr. Withrow, Mr. Gowdy & Mr. Baker, and sent to the Senate.

The Bill to alter the manner of holding Elections for Members of the General Assembly in Rowan County, was read the second time, passed and sent to the Senate.

Received from His Excellency the Governor, the following Messages:

To the Honourable the General Assembly:

Gentlemen:

I herewith lay before you a Letter which I have just received from the Commissioner for settling the accounts of this State with the United States.

You will be pleased to consider whether it is essentially necessary to the Interest of this State, that the time limited for the adjusting the Claims of this State against the United States, should be extended,

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in that case you cannot be too early in directing your Delegates to make an application to Congress for that purpose.

SAML. JOHNSTON.

To the Honourable the General Assembly:

Gentlemen:

I have the Honor to lay before you a resolution of Congress requiring thirteen Copies of the Public Acts of the General Assembly, also a Letter from the Secretary of Congress requesting that in case the resolution cannot be fully complied with, that I will send to his office Copies of the Acts imposing duties and Imports and regulating Commerce; if you think proper to comply with this request you will be pleased to order the Secretary of State to furnish me with the Copies of such Acts as you shall judge expedient.

SAML. JOHNSTON.

Ordered that the two foregoing Messages from His Excellency the Governor, together with the two letters, &c., therein referred to be referred to the Committee on revenue.

Mr. E. Robeson, who had leave to withdraw for amendment the Bill for dividing the County of Davidson, delivered in at the Clerks Table the Bill with the amendments; whereupon this Bill was read the third time, passed and sent to the Senate.

The Bill to amend an Act passed in the year 1783, intitled “an Act to vest certain lands in fee simple in Richard Henderson & others,” was read the Second time, passed and sent to the Senate.

Ordered that Mr. Nixon have leave to absent himself from the service of this House after Monday next, and Mr. Fort after Tuesday.

The Bill to annex part of the County of Washington to Sullivan, was read the second time, amended, passed and sent to the Senate.

Mr. Randal presented his resignation as a justice of the Peace for Jones County, which being read, was accepted and sent to the Senate.

Ordered that Mr. Goodorom Davis have leave to absent himself from the service of this House after the last day of this month.

The Bill to amend an Act intitled “an Act to erect a Town on the Land of Matthew Figures, in Northampton County, was read the second time, passed and sent to the Senate.

The Bill to impower the Courts of Pleas and Quarter Sessions in

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the several Counties to levy a Tax on the Inhabitants thereof, for the purpose of erecting or repairing the Court House, Prison and Stocks therein, when necessary; was read the second time, amended, passed and sent to the Senate.

The Bill to amend an Act entitled “an Act for the regulation of the Town of Hillsborough,” was read the third time, passed and sent to the Senate.

The Bill to impower the wardens of the poor for the County of Camden to levy a Tax to enable them to settle the arrears due from the said County, was read the Second time, passed & sent to the Senate.

Ordered that the following Bills be read on Monday next for the Second time in this House, to-wit:

A Bill for cutting a navigable Canal from the waters of Pasquotank River to Elisabeth River, &c., in Virginia;

A Bill to establish a new mode of the trial of Slaves;

A Bill to amend an Act for hiring out persons convicted on Indictment, &c.;

A Bill to amend an Act to direct the method of appointing Jurors, &c.;

A Bill to encourage the building Iron Works.

And that the following Bills be read on the same day for the third time, to-wit:

A Bill to revive part of an Act intitled “an Act to suppress excessive gaming;”

A Bill to confirm the rights & titles of Several Citizens of this State in certain Negroes,” &c.

Ordered that Mr. Houser have leave to absent himself from the service of this House after Tuesday next.

The Bill to suppress settling in the several Counties therein mentioned, was read the second time, passed and sent to the Senate.

The Bill to repeal part of an Act passed at New Bern, November, 1785, intitled “an Act for destroying Wolves, Wildcats, Panthers and Bears in the several Counties therein mentioned,” was read the second time, amended, passed and sent to the Senate.

The Bill to establish a Town already laid off at the Court House in Robeson County, by the name of Lumberton, was read the Second time, passed and sent to the Senate.

The Bill to annex part of Brunswick County to the County of

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

Mr. Mebane moved for leave to withdraw for amendment The Bill to impower Thomas Johnston, late Sheriff of Onslow County, to collect the Sinking Fund Tax, &c. Ordered that he have leave.

The Bill to quiet Thomas Brown, of Bladen County, Esquire, in his title to, and possession of divers lands, Tenements and Hereditaments therein referred to, was read the second time, passed and sent to the Senate.

The Bill for the better ascertaining the taxable property in the Town of Wilmington, and collecting the public and other taxes which may be imposed thereon, and for the further regulation of the said Town, and also for repairing the Episcopal Church of Saint James Situated therein; was read the second time and laid over until the next Assembly.

The Bill to amend an Act intitled “an Act to prevent domestic insurrections,” was read the Second time, passed and sent to the Senate.

Ordered that the Bill to open a Communication from Cape Fear River to upper Fayetteville, &c., be read on Monday next for the Second time.

The Bill to quiet in the possession of William Scott certain lands therein described, was read the Second time, passed and sent to the Senate.

The Bill to amend an Act intitled “an Act for the better regulation of the Town of Fayetteville,” passed at Tarborough in November, 1787, was read the third time, passed and sent to the Senate.

The Bill to appoint Commissioners to superintend the building a Prison and Stocks for the District of Fayeteville, and to levy a Tax on the Counties within the said District for defraying the expences thereof, was read the third time, amended, passed & sent to the Senate.

The Bill to emancipate a certain Negro Slave named Phillis, late the property of George Jacobs of the Town of Wilmington, deceased, was read the second time, passed, & sent to the Senate.

The Committee to whom the Petition of William Evans of the Town of Wilmington, was referred, Reported.

That the said William Evans, in the fire on the night of the 24th November, 1786, in the Town of Wilmington, had among other

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property consumed, Certificates granted by the late Boards of Commissioners of liquidating Army Accounts, to the amount of Seventeen hundred and fifty-five pounds thirteen Shillings and ten pence, which by the list produced to the Committee appears all to be issued previous to the last setting of the said Board.

Your Committee being fully persuaded that the said Certificates were consumed in the said fire are of opinion, and beg leave to recommend that a resolution be passed directing the Comptroller to issue to the said William Evans, Certificates to the aforesaid amount in the name of those persons to whom they originally were granted, to bear the same date and be entitled to draw Interest accordingly.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith; whereupon,

Resolved, That the Comptroller issue to William Evans of the Town of Wilmington Certificates to the amount of Seventeen hundred and fifty-five pounds thirteen Shillings and Ten pence of the following dates and numbers, and in the names of the following persons, for the Sums annexed to their respective names, to-wit:

Dates.
No.
£
s.
d.
1779.
June 14, 1780.
549—William Vance, Corporal Artillery
67
10
9
Feb’y 1,
700—James Bond, Doctor
73
3
9
Oct. 22, 1781.
284—James Scurlock, Ass’t Commissary
7
13
4
Sept.—,
322—William Jones, Soldier
74
11
2
Dec. 1, 1782.
102—John Reidpath, Lieutenant Doctor
100
Jan’y 1,
101—John Clendenman, Lieutenant
100
102 ditto. ditto.
100
104 ditto. ditto.
100
934—John Strucker, Soldier
37
4
2
617—Martin Cole, Sergeant
196
2
3
505—Nathaniel Cooper, Soldier
37
5
4
265—Kedac Copeland, ditto
80
266—Ditto. ditto
29
2
8
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246—Colonel Archibald Lytle
367
9
1039—Thomas Smith, Sergeant
106
11
3
July 23,
228—Stephen Truett, ditto.
38
8
£1755
13
10

Resolved further, That the Certificates when so issued shall be entitled to draw the same Interest of those issued by the Commissioners of Army Accounts of the same dates, it having been manifest to this Assembly that Mr. Evans had consumed by fire Army Certificates of the dates and numbers, & in the names of the Persons aforesaid for the Sums annexed to their respective names.

The Committee of Propositions and Grievances, to whom the Petition of Thomas Viverett was referred, Reported,

That in consequence of Mr. Viverett’s indisposition with the Palsy he was unable to collect the Taxes due for two Districts in Nash County for which he stands accountable, whereby execution hath been levied on his property for the amount of the said Taxes.

Your Committee taking the said circumstances of Mr. Viverett’s case into consideration recommend that he be allowed a further time of six months from the rising of this Assembly to make the said collection; wherefore,

Resolved, That the County Court of Nash are hereby directed and required to grant a stay of Execution on the Judgment obtained against Thomas Viverett for the amount of the Taxes accordingly.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Person and Mr. Hamilton to superintend & conduct the balloting on the part of this House.

The House adjourned until 4 O’clock P. M.

Met according to adjournment.

Received from the Senate the report of the Committee on the report of Henry Hill and Thomas Fitt, Concurred with by that House.

Mr. Hawkins presented the Petition of James Ransome, Young

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McLemore & James Johnston, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We are now ready to proceed to the balloting for a public Treasurer, a place at which the next Assembly shall be held, &c., and have appointed Mr. Macon and Mr. Dixon to superintend the same on the part of this House.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

It is the opinion of this House that the Superintendents of balloting be requested to wait on those Members, in order to receive their Tickets, who from indisposition cannot attend.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Inspectors appointed for the balloting shall wait on the Members who are sick & receive their Tickets as by you proposed.

Received from the Senate a Bill for the relief of the Creditors of absentees, comprehended within the Confiscation Laws; and a Bill ceding to the Congress of the United States certain Western Lands therein described, and authorizing the Governor of this State to execute a Deed or Deeds for the same. Endorsed, read the first time & passed.

Received from the Senate the resignation of William Randal, one of the Justices of the Peace for Jones County. Endorsed, read & accepted.

Received also the Memorial of Matthew McClure. Endorsed, read & referred to Mr. Montgomery, Mr. Graham & Mr. Hunt.

Received from the Senate the Message from His Excellency the Governor, enclosing the Letter therein referred to from the Commissioner for settling the Accounts of this State with the United States. Endorsed, read and referred as by the House of Commons.

Received also the report of the Committee appointed to confer with Mr. Dromgoole. Endorsed, read and Concurred with.

The House adjourned until Monday Morning 10 O’clock.

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Monday, 24 November, 1788.

The House met according to adjournment.

Mr. Mebane, who had leave to withdraw for amendment the Bill impowering Thomas Johnston late Sheriff of Onslow County, his Heirs, Executors or Administrators, to collect the Sinking Fund Tax due from that County for the year 1786, and for giving him or them a longer time for collecting and settling for the same, delivered in at the Clerks Table the Bill with the amendments; whereupon, this Bill was taken up and read for the third time, passed & sent to the Senate.

Mr. Steele presented the Memorial and Petition of Sundry of the Inhabitants of Rowan County, who heretofore purchased Confiscated property, and praying that permission be given them to discharge the ballances yet due in Certificates; which being read, was referred to the Committee on Revenue & Sent to the Senate.

Mr. E. Jones presented the Petition of Thomas Bloodworth, which being read, was referred on the part of this House, to Mr. Everagin, Mr. Maxwell and Mr. Dixon, and sent to the Senate.

The Committee to whom was referred the Memorial of James Warrenton, Reported,

That having taken the same into Consideration, they are of opinion that the Prayer of the Memorial ought to be granted, and that the Collector of Impost for Port Brunswick be directed to Cancel the Bond of the Memorialist given for duties on Goods by him imported and set forth in said Memorial to have been cast away on the Coast of this State, he paying the Customary fees of office.

Which is submitted.

S. CABARRUS, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. Person, from the joint Balloting for the place at which the next Assembly shall be held, for a Public Treasurer, a Judge of the Marine Court for Port Bath, and Vendue Master for the Town of New Bern, Reported,

That John Haywood, Esquire, was elected Treasurer; Jonathan Loomis, Esquire, Judge, and John Smallwood, Esquire, Vendue Master. That no place in nomination for holding the next Assembly at, had a Majority of votes.

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The House taking this Report into Consideration Concurred therewith; whereupon, the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the General Assembly proceed to ballot at four O’clock this evening for the place at which the next Assembly shall be held. Mr. Hamilton and Mr. Mitchell will conduct the balloting on the part of this House.

Mr. Mebane moved for leave and presented a Bill to levy a Tax in Gold or Silver, or Specific Articles, to pay the Interest of the Foreign Debt; which was read the first time, passed and sent to the Senate.

The Honbl. the Speaker laid before the House the Petition of John Rutledge, Thomas Sumpter, Isaac Huger, Benjamin Waring, Christian Senf, Daniel Bordeaux, Alexander Gillon, Joseph Atkinson, William Hill and John Galliard, of South Carolina, praying permission of this State, by an Act of the Legislature, to enable them to clear and make navigable the Catawba River in this State, &c.; which being read was referred to a Committee.

The Committee on Public Revenue, to whom were referred a Letter from the Board of Treasury of the United States, a Letter from William Skinner, Esquire, Commissioner of the Continental Loan office in this State, and proposals of John De Roulhac for purchasing part of the Public Tobacco, Reported,

On the Letter from the Board of Treasury, requesting His Excellency the Governor, to permit Mr. William Skinner, Commissioner of the Continental Loan Office in this State, to purchase as much of the Public Tobacco as will be equal to the arrears of Salary due to him from the United States to the 30th September 1788, amounting to 2943 54-90 dollars; your Committee are of opinion that His Excellency be instructed to inform the Board of Treasury that the said Tobacco is collected for and appropriated to the sole purpose of discharging this State’s quota of Interest due on the foreign debt of the United States, and that it is improper to alter the appropriation. Your Committee are further of opinion, that if the Board of Treasury will agree to credit the State of North Carolina for the Sum aforesaid in the Continental Account against this State for the Interest aforesaid, on their paying the same to Mr. Skinner, that then His Excellency let him have the Tobacco to said amount.

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On the letter of Mr. Skinner, relating to the old emissions of Continental Money, Your Committee are of opinion that His Excellency the Governor, be requested to take receipts from Mr. Skinner for the said Money, expressing that the packages delivered are said to contain —— Dollars of the old Emission, which the said Skinner engages to forward to the Continental Treasury, and transmit the same to the Comptroller’s office.

On the Memorial of John De Roulhac relating to the purchase of Public Tobacco, your Committee are of opinion, that his proposals ought not to be received.

All which is submitted.

S. CABARRUS, Ch’n.

The House taking this report into Consideration Concurred therewith.

The Bill for cutting a navigable Canal from the Waters of Pasquotank River in this State, to the Waters of Elisabeth River in the State of Virginia, was read the Second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We herewith send you the representation of the Public Treasurer which we propose shall be referred to the Committee on Revenue, the latter part thereof excepted, which we propose shall be immediately reported on by a joint Committee, and have appointed on the part of this House for that purpose, Mr. Jones, Mr. Graham & Mr. Hunt.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the representation of the Public Treasurer be referred as by you proposed, and have appointed on the part of this House, Mr. McDowall, Mr. Cabarrus, Mr. Gowdy, Mr. Lennard and Mr. Mebane, to act with the Gentlemen by you appointed to report on the latter part thereof.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

No place having had a Majority of Votes at the late balloting for a place at which the next Assembly shall be held, we now propose that the General Assembly proceed to make that choice on Friday next at

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four O’clock in the afternoon. We also propose that five persons be balloted for at the same time to represent this State in a Convention of the United States, and nominate for this purpose Mr. Iredell, Mr. Bloodworth, Mr. Person, Judge Spencer, Mr. Allen Jones, Mr. McDowall, Sen., Mr. Dupree, Mr. Locke, His Excellency Saml. Johnston and Mr. Alfred Moore.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We do not concur with you in postponing the Balloting for a place for the sitting of the next Assembly until Friday next, but propose to ballot this evening at 4 O’clock, as proposed in a former Message on that subject. We consent and propose that five persons to represent this State in a Federal Convention be also balloted for at the same time, and approve of the nominations by you made, and have added thereto, Mr. James Gallaway and Mr. Joseph McDowall the elder.

The Bill to establish a new mode of tryal of Slaves for Capital offences, was read the Second time, amended, passed & sent to the Senate.

The Supplementary Bill to an Act intitled “an Act concerning proving Wills and granting Letters of Administration, and to prevent frauds in the management of intestates Estates,” was read the Second time and rejected.

Received from the Senate a resolution of that House directing the Secretary, on application of His Excellency the Governor, to furnish Copies of Acta of Assembly for the purposes therein mentioned; which being read was Concurred with and returned.

Mr Grove moved for leave to withdraw for amendment the Bill for making Cross Creek Navigable. Ordered that he have leave accordingly.

Mr. Jo. Stewart presented the resignation of William Vestal a Justice of the Peace for Chatham County, which being read, was accepted & sent to the Senate.

Mr. Person presented the Petition of Henry Emanuel Lutterloch late a Colonel in the Continental Army, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Received from the Senate the following Bills. Endorsed, read the first time & passed;

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A Bill to amend the several Acts of Assembly to prevent dealing with Slaves, &c.;

A Bill to levy a Tax in Gold or Silver, or Specific Articles, &c.;

A Bill to regulate the Town of Edenton;

A Bill to amend an Act to prevent the exportation of unmerchantable Commodities;

A Bill to amend an Act intitled “an Act for the promotion of learning in the district of Wilmington;”

A Bill for the relief of former Sheriffs & for directing the Comptroller as to the manner of settling their Accounts.

Received also, A Bill to quiet Thomas Brown of Bladen County, Esquire, in his title to, and possession of divers Lands, Tenements, &c. Endorsed, read the third time & passed.

Ordered that the Bill Ceding to the Congress of the United States Certain Western Lands, &c.; be read the second time to-morrow.

Received from the Senate the Report of the Committee on the Petition of Thomas Viverett, concurred with by that House.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We consent to ballot this Evening agreeable to your last proposition.

Mr. Cabarrus informed the House that His Excellency the Governor, had been applied to for his consent to serve as a member to the Federal Convention, should one be recommended by Congress, who gave for answer that he could not. He at the same time informed that Mr. Iredell could not serve should he be Elected.

The Bill for the relief of former Sheriffs and for directing the Comptroller as to the manner of settling their Accounts, was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We are now ready to proceed to the balloting agreed on, and have appointed Mr. Hunt and Mr. Dickson to conduct the same on the part of this House.

It is our opinion that the Superintendants of the present balloting have the same power with respect to taking the votes of Indisposed Members as those of last Assembly.

The Sub-Committee of Revenue, to whom was referred the account

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of the several Commissioners for purchasing Tobacco, Reported:

That on examining the account of James Porterfield, Commissioner of Fayetteville, they find that he has drawn from the Treasury at different times to the amount of Twleve Thousand five hundred & seventy-five Pounds, two Shillings & Six pence, as will appear by the Treasurer’s statement No. 1. That he purchased from the 9th November, 1787, to the 27th May, 1788, one hundred & Ten Thousand and Thirty-five pounds weight of Tobacco, amounting to the Sum of Three Thousand one hundred and Twenty pounds Eight Shillings and two pence, and from the 28th of May, 1788, until the 8th November following, he purchased one Hundred and Thirty-Eight Thousand Eight Hundred and Ninety-five pounds weight of Tobacco for the Sum of Three Thousand four hundred & Eighty-Eight pounds one Shilling and Seven pence, amounting in the whole to Six Thousand & Eight pounds, Nine Shillings, Nine pence, as will also appear by his own returns Nos. 2 & 3, which Sum being deducted from the Sum he drew from the public Treasurer leaves a balance in Mr. Porterfield’s hands of five Thousand Nine Hundred & Sixty-Six pounds Twelve Shillings & Nine pence, as is contained in paper No. 4, to all which papers your Committee beg leave to refer your Honorable Houses. That it also appears from the latter part of Mr. Porterfield’s return No. 2, that he received of Robert Rowan, late Commissioner for purchasing Tobacco at Fayetteville, Inspectors Notes for Twenty Thousand and Sixty-Nine pounds weight of Tobacco, which the said Rowan had purchased on account of the Public and lodged in the Ware houses; and from Mr. Porterfield’s own recital, it further appears to your Committee that he has made diligent search and inquiry after said Tobacco, and from the best accounts he can get about Eight Thousand pounds weight of it is lost or destroyed, as he can hear nothing of it from Mr. John Welch and Mr. Mc’Natt the former Inspectors, who received it and issued notes, nor of the present Inspectors.

Your Committee hath also examined the account of Etheldred Philips Commissioner for purchasing Tobacco at Tarborough, and find by the Treasurer’s statement No. 5, that he has drawn out of the public Treasury, at different times, to the amount of Ten Thousand pounds; That it appears from his own returns Nos. 6 & 7, he purchased from the 15th November, 1787, to the 17th of May, 1788,

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Seventy-Nine Thousand one hundred and Seventy-four pounds weight of Tobacco, amounting to One Thousand Nine Hundred & Sixty-Nine Pounds Eighteen Shillings & Eleven Pence. And from the 9th June, 1788, to the 23rd of September following, he purchased Twelve Thousand five hundred and Twenty-Nine pounds weight of Tobacco for the Sum of Three hundred & Nine pounds Seventeen Shillings and Nine pence, amounting in the whole to Two Thousand two hundred & Seventy-Nine pounds Sixteen Shillings and five pence, which being deducted from the Sum he drew from the Treasury, leaves a balance in Mr. Philips hands of Seven Thousand Seven Hundred and Twenty Pounds, three Shillings and five pence, as set forth in the paper No. 8, to which several papers your Committee also refer your Honourable body.

That upon the examination of the account of Egbert Haywood Commissioner for purchasing Tobacco at Halifax, it appears from the Treasurer’s statement No. 9, that he drew from the Treasury at different times to the amount of Eight Thousand and Twenty-Eight pounds Seven Shillings. That from his own return No. 10, it also appears that he has purchased Eighty Nine Thousand Six hundred and Ninety-two pounds weight of tobacco amounting to Two Thousand two hundred and Seventeen pounds and five pence, which being deducted from the Sum he drew from the Treasury leaves a balance in Mr. Haywood’s hands of five Thousand Eight hundred and Eleven pounds Nine Shillings and one penny, as it is contained in the paper No. 11, to which papers your Committee beg leave to refer the Honourable Houses.

That your Committee, upon casting up the several Sums of Money drawn by the said Commissioners, find they amount to Thirty Thousand Six hundred and three pounds Twelve Shillings, and that they have purchased Four Hundred and Thirty Thousand three hundred and Twenty-five pounds weight of Tobacco, amounting to Eleven Thousand one hundred and five pounds six Shillings and Seven pence, which being deducted from the Sums they drew from the Treasury leaves a balance of Nineteen Thousand four hundred and Ninety-eight pounds five Shillings and five pence in the hands of the Commissioners, as contained in the paper No. 12.

Your Committee further report, that the Sums of Money still remaining in the hands of the several Commissioners are subject to a

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deducting for Commissions and other incidental charges, and that the Tobacco purchased by the Commissioners is still in their hands subject to orders of the General Assembly.

All which is submitted.

JO. McDOWALL, Ch’n.

The Committee on Revenue, having read the foregoing report, Concur therewith, and recommend that the Attorney General be directed to Commence Suit against the late Inspectors of Tobacco at Fayetteville and their Securities, for the recovery of the Tobacco which appears to have been lost in their hands.

Which is submitted.

S. CABARRUS, Ch’n

The House taking this report into consideration Concurred therewith.

The Committee, to whom the Petition of James Kerr, Administrator of the Estate of Galbreath Falls, deceased, late Sheriff of Rowan County, praying that some person might be appointed to settle the accounts of the Deceased, as Sheriff aforesaid, with him as Administrator, was referred, Reported,

That it is the opinion of your Committee the Comptroller is fully impowered to settle all such accounts, they are therefore of opinion that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

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

The Committee, to whom the Petition of Divers Citizens in Randolph County was referred respecting the removal of the Court House, Prison & Stocks to the Centre of said County, Report,

That as the Subject of the said Petition appears to your Committee Concern all the Citizens of the said County, they beg leave to recommend that it be laid over until the next Assembly.

All which is submitted.

THOMAS PERSON, Ch’n.
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The House taking this report into Consideration Concurred therewith.

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

The Committee to whom the Memorial of Travis Harper was referred, Report,

That by a resolution of the last General Assembly, the said Travis, Harper was suspended from the office of a Justice of the Peace for the County of Chatham, in Consequence of an Indictment then pending in the Court of said County for a Deceit.

That as it appears to your Committee by the attestation of divers the Justices, the Clerk and Sheriff of the said County, the said Travis Harper was fully and absolutely acquitted of the charges laid in the said Bill of Indictment, and the allegations before the last Assembly were not well founded. They are of opinion that the said resolution ought to be rescinded; wherefore,

Resolved, That the said Travis Harper be restored to the office of a Justice of the Peace for the County of Chatham as fully and amply as if no such resolution of suspension had ever been passed.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report:

The Committee to whom the Memorial of William Armstrong was referred, praying an allowance to be made him for two Horses purchased of him by the Commissioners appointed to extend the Boundary line between this State and the State of Virginia, Reported,

That it is the opinion of your Committee the Comptroller is fully impowered and authorized to settle all such claims and issue Certificates accordingly; wherefore they are of opinion that the said Memorial be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Received from the Senate the Petition of John Rutledge, Thomas

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Sumpter, and others. Endorsed, read and referred to Mr. Dickson, Mr. Bloodworth & Genl. McDowall.

Received also the Memorial & Petition of Sundry of the Inhabitants of Rowan County, and the Petition of James Ransome, Young McLemore and James Johnston. Endorsed, read and referred as by the House of Commons.

Received from the Senate the Report of the Committee on the Memorial of James Warrenton, and the report of the Committee on Revenue on the Letters from the Board of Treasury, W. Skinner, and the proposals of J. De Roulhac for the purchase of the public Tobacco, Concurred with by that House.

Received also the Petition of Thomas Bloodworth. Endorsed, read & referred to Mr. Overton, Mr. Harvey, Mr. Brown, Mr. Kenan.

Received from the Senate a Bill for altering the time of holding Courts of Pleas and Quarter Sessions in the County of Orange. Endorsed, read the first time & passed.

Received also a Bill to establish a Town already laid off at the Court House in Robeson County by the name of Lumberton. Endorsed, read the third time & passed.

The House adjourned until To-morrow Morning 10 O’clock.


Tuesday, 25 November, 1788.

The House met according to adjournment.

Mr. Maclaine presented the Memorial of James Witherspoon, which being read, was referred to the Committee of Propositions and Grievances & sent to the Senate.

Mr. Hamilton, from the joint Balloting for the place at which the next Assembly shall be held and five Delegates to represent this State in the Federal Convention, should one be called, Reported,

That the next Session of the General Assembly was to be held at Fayetteville.

That Timothy Bloodworth, Joseph McDowall, Thomas Person, Matthew Locke, Esquires, were elected Delegates, and That one Delegate was yet to be Elected.

The House taking this report into Consideration Concurred therewith.

Mr. Steele presented the Memorial of Robert Martin, Esqr., Clerk

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of Salisbury Superior Court; which being read, was referred to the Committee of Claims & sent to the Senate.

Mr. Cabarrus presented the Memorial of John Hoskins, which being read, was referred to the Commitee of Claims, and sent to the Senate.

The Bill to confirm the rights and titles of several Citizens of this State in certain Negroes therein described, and preventing unjust and vexatious Law Suits, was read the third time, amended by consent of the Senate, passed and ordered to be engrossed.

Received from the Senate the resignation of Howell Edwards as Colonel of Northampton County, and Willie Dickson a Colonel of Moore County; which being read, were accepted by this House and returned.

Received from the Senate the Memorial of John Walker, and the Petition and Claim of Niel Ray. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, were referred as by the Senate and returned.

Received also, the resignation of Jesse McLendon and William Miller, two of the Justices of the Peace for Montgomery County; which being read, were accepted by this House and returned.

Mr. Cabarrus moved for leave and presented a Bill to admit to record certain Deeds, Grants and Patents for Lands heretofore obtained, which was read the first time, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Petition of Henry Spears. Endorsed, read & Concurred with; which being read was Concurred with by this House and returned.

Received from the Senate a resolution of that House directing the Comptroller to examine & settle the accot’s of Henry Rhodes, deceased, which being read, was Concurred with and returned.

The Bill to revive part of an Act intitled “an Act to suppress excessive gaming,” was read the third time, passed and sent to the Senate.

Received from the Senate the Bill for erecting a Town on the Land of Thomas Douggan in Randolph County. Endorsed, read the second time & passed.

Received from the Senate the Report of the Committee on the Petition of William Evans, and the resolution of this House in consequence thereof, Concurred with.

Resolved, That the Committees of Claims, of Propositions and

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Grievances, and all Committees to which any special business is referred, be directed to make report on or before Monday next, and that no Bill shall be received after that Day.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

One person to represent this State in a Convention of the United States being yet to be balloted for, we propose that the two Houses proceed to make that choice this afternoon at four O’clock, and nominate Mr. William Lenoir.

At the request of Mr. Gallaway his name is withdrawn from the nomination.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree to ballot this evening as by you proposed for the one person yet to be made choice of to represent this State in a Convention of the United States, and have added to the nomination Mr. John Macon.

The Bill to amend an Act to direct the method of appointing Jurors & Surveyors to run out disputed Lands, was read the Second time, amended, passed and sent to the Senate.

The Bill to amend an Act, intitled “an Act for hiring out persons convicted on Indictment or presentment not being able or willing to pay the fees of office and Gaolers fees,” was read the second time, amended, passed and sent to the Senate.

The Bill to encourage the building of Iron Works in this State, was read the second time, amended, passed and sent to the Senate.

Received from the Senate a resolution of that House directing the mode which shall be observed by the Treasurer in delivering out the final Settlement Certificates; which being read, was Concurred with and returned.

Received from the Senate the Petition of Richard Goode, Sheriff of Surry County. Endorsed, read & referred to the Committee of Propositions and Grievances; which being read, was referred as by the Senate and returned.

Mr. McDowall presented the Memorial of Griffith John McRee, which being read, was referred to Mr. McDowall, Mr. Sawyer and Mr. Hawkins, on the part of this House, and sent to the Senate.

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Received from the Senate the resignation of William Vestal. Endorsed, read and accepted.

Received also, the Petition of Henry Emanuel Lutterloch. Endorsed, read & referred as by the House of Commons.

Mr. Hawkins, from the Committee to whom was referred the Memorial of Matthew McClure, delivered in a report, which being read, was ordered to lie on the Table until To-morrow.

Received from the Senate a Bill to direct in what manner the Members of the General Assembly shall be paid for their Services and attendances in future. Endorsed, read the second time and passed.

Ordered that the Bill for dividing the County of Hawkins be read to-morrow for the Second time.

Mr. E. Jones moved for leave to withdraw for amendment, the Bill to amend an Act intitled “an Act for the promotion of learning in the district of Wilmington.” Ordered that he have leave accordingly.

The Bill to extend the line between the Counties of Burke and Rutherford and to appoint Commissioners to run said line, was read the Second time, passed and sent to the Senate.

Reeived from the Senate a Bill to repeal part of an Act intitled, “an Act to alter the modes of punishing Horse Stealing;” also to repeal part of an Act to prevent Horse Stealing. Endorsed, read the Second time and passed.

The Bill to quiet Thomas Brown, of Bladen County, Esquire, in his title to, and possessions of divers Lands, Tenements & Hereditaments, therein referred to; was read the third time, passed and ordered to be Engrossed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We herewith send you a Petition of James Hunter, the subject matter of which we propose shall be reported on by a joint Committee, and that the Committee be instruceted to report what steps are necessary to be taken to prevent like abuses in future; for this purpose we have appointed Mr. Gallaway, Mr. W. Hill and Mr. Bloodworth.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Petition of James Hunter be reported upon as

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by you proposed, and have for this purpose appointed Mr. T. Pool Williams, Mr. Hamilton, Mr. Gowdy, Mr. Ward and Mr. Steele.

The Bill to impower the County Courts of Cumberland to appoint Inspectors for the Ware House built in Fayetteville, by Robinson Montford and James Porterfield, established by act of Assembly December, 1785; was read the Second time, amended, passed and sent to the Senate.

The Bill for altering the time of holding the Courts of Pleas and Quarter Sessions in the County of Orange, was read the first time and rejected.

Received from the Senate a resolution of that House directing the Treasurer to suspend the entering up Judgment against Older Neal, as therein expressed; which being read, was concurred with and returned.

The Bill for erecting a Town on the Land of Thomas Douggan in Randolph County, was read the third time, passed and sent to the Senate.

Mr. E. Jones presented the Petition of Thomas Lucas, which being read was rejected.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee to whom the Petition of Nathan Hambrick was referred, Report,

That the said Hambrick entered into recognizance for twenty-five pounds, to appear at a Court in Rutherford County and give Testimony on behalf of the State against some persons Indicted therein for a trespass. That through inattention or ignorance he did not appear according to his recognizance, whereby it became forfeited, but at the next Court he attended and gave Testimony as aforesaid, and no Bill was found against the person indicted.

Your Committee under these circumstances are of opinion that the said forfeiture ought to be remitted, and beg leave to recommend the following resolution, to-wit:

Resolved, That Nathan Hambrick aforesaid be fully and absolutely acquitted of the said forfeiture of twenty-five pounds, and that the County Court of Rutherford Govern themselves accordingly.

All which is submitted.

THOMAS PERSON, Ch’n.
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The House taking this report into Consideration Concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report, to-wit:

The Committee to whom the Petition of divers Persons settled on the Land of the Cherokee Indians, on the East side of Tennessee River, was referred, praying for protection and the opening of an office for the said Lands, Report,

That it is the opinion of your Committee impolitic to protect the intruders on the Indians hunting ground, more especially as they settled in open violence of the Laws of this State, and they think it equally impolitic and premature to open an office for the entry of Lands on the West side of the Mountains at this Period; wherefore they beg leave to recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee to whom the Petition of David Johnston was referred, praying an allowance to be made him in consequence of a wound he received in the service of this State in a battle on Tyger River in South Carolina, under the command of Colo. Robert Erwin, Report,

That your Committee on examining the Laws, find by an Act passed at Hillsborough in the year 1784, the County Courts are fully impowered and authorized to make allowances to Citizens wounded in the service of the State; they therefore beg leave to recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration concurred therewith.

The House adjourned until 4 O’clock P. M.

Met according to adjournment.

Ordered that the following Message be sent to the Senate:

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Mr. Speaker & Gentlemen:

We propose, at the request of Mr. Macon, that his name be withdrawn from the nomination as one of the Members to represent this State in a Convention, &c. We are now ready to proceed to balloting heretofore agreed upon & have appointed Mr. Horn & Mr. Mitchell to conduct the same.

The Bill to revive part of an Act passed at New Bern in the year 1785, intitled “an Act for dividing Guilford County,” was read the Second time, passed and sent to the Senate.

The Bill to amend the several Acts of Assembly to prevent dealing and trafficking with Slaves, was read the Second time, passed and sent to the Senate.

Ordered that Mr. Knox have leave to absent himself from the Service of this House.

Mr. Cumming moved for leave to withdraw for amendment, the Bill for the better regulation of Edenton. Ordered that he have leave.

The House adjourned until To-morrow morning 10 O’clock.


Wednesday, 26 November, 1788.

The House met according to adjournment.

Received from the Senate the Bill for the relief of former Sheriffs, and for directing the Comptroller as to the manner of settling their accounts. Endorsed, read the Second time and passed.

Received also the report of the Committee on the Petition of William Armstrong. Endorsed, read and Concurred with.

The Bill Ceding to the Congress of the United States certain Western Lands therein described, and authorizing the Governor of this State to execute a Deed or Deeds for the same, was read the Second time, and laid over until the next Assembly.

The Bill to establish a Town already laid off at the Court House in Robeson County by the name of Lumberton, was read the third time, amended by Consent of the Senate, passed and Ordered to be Engrossed.

The Bill for the relief of former Sheriffs and for directing the Comptroller as to the manner of settling their accounts, was read the Second time, passed and sent to the Senate.

Mr. Maxwell presented sundry Payrolls for services performed

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on a late expedition against the Indians. Ordered that they be referred to the Committee to whom the Western payrolls were referred.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We do not concur with the report of the Committee on Revenue as it now stands, but propose that it be amended by deleing from the word that in a recommendatory part marked, to the word Fayetteville inclusive, and substituting Attorney-General; should you agree to this amendment we will then Concur.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree to the amendment proposed by your House to the report of the Committee on Revenue, have made the same conformable, and now send it for your concurrence.

Received from the Senate the following reports, Concurred with by that House, Vizt:

On Petition of Divers Citizens in Randolph County;

On the Petition of James Kerr, Administrator, &c.;

On the Petition of David Johnston;

On the Petition of Divers Settlers on the Indian Land on Tennessee River;

On the Petition of Nathan Hambrick.

Received also the Memorial of James Witherspoon, and the Memorial of Robert Martin. Endorsed, read and referred as by the Commons.

The Bill for dividing the County of Hawkins, was read the second time, and laid over until the next Assembly.

Received from the Senate the Memorial of Griffith John McRee. Endorsed, read and referred to Mr. Bunn, Mr. Williams and Mr. T. Brown.

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

Received from the Senate the report of the Committee appointed to consider the last paragraph of the representation of the Treasurer. Endorsed, read & Concurred with. This report being read, was Concurred with and returned.

Received from the Senate a Bill for cutting a Navigable Canal from the Waters of Pasquotank River in this State to the Waters of

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Elizabeth River in the State of Virginia. Endorsed, read the third time, amended & passed.

The House, according to order, took up the Consideration of the report of the Committee on the Memorial of Matthew McClure; when the Report was read, debated and rejected.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We do not agree with you in referring the Memorial of John Hoskins to the Committee of Claims, but propose that the resolution herewith sent on that subject be adopted.

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

The Bill for the relief of the Creditors of absentees comprehended within the Confiscation Laws, was read the Second time, and laid over until the next Assembly.

Resolved, That it be recommended to the Committee on Revenue to report to the General Assembly what measures they conceive most proper to be adopted, with regard to the Commissioners for purchasing Tobacco for the ensuing year.

Mr. Porter moved for leave to withdraw from the possession of the House the Vouchers and other papers relative to the claim of Mathew McClure. Ordered that he have leave accordingly.

The Bill to direct in what manner the Members of the General Assembly shall be paid for their services and attendance in future, was read the Second time, and laid over until the next Assembly.

The Bill to repeal part of an Act intitled “an Act to alter the mode of punishing Horse Stealing;” also to repeal an Act to prevent Horse Stealing, was read the Second time and rejected.

The Bill to amend an Act to prevent the exportation of unmerchantable Commodities, was read the Second time, passed and sent to the Senate.

Mr. Mebane moved to withdraw for amendment the Bill to levy a Tax in Gold, or Silver, or Specific Articles, &c. Ordered that he have leave accordingly.

Received from the Senate the Petition of John Devane & Richard Herring. Endorsed, read and referred to the Committee of Propositions and Grievances. The Petition being read was referred as by the Senate and returned.

Ordered that the Bill for cutting a navigable Canal from the waters

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of Pasquotank River in this State, to the Waters of Elisabeth River in the State of Virginia, be read for the third time to-morrow.

The House adjourned until To-morrow Morning 9 O’clock.


Thursday, 27 November, 1788.

The House met according to adjournment.

Ordered that Mr. Tatom have leave to absent himself from the service of this House after Thursday next.

Received from the Senate a Bill for the relief of former Sheriffs, and for directing the Comptroller as to the manner of settling their accounts. Endorsed, read the third time and passed.

Received also the report of the Committee on the accounts of the Tobacco Commissioners and the report of the Committee on the Petition of divers settlers on the Indian Land on the Tennessee River, concurred with.

Received from the Senate the Petition of Nathan King, and the claims for Services on an Indian expedition. Endorsed, read and referred as by the House of Commons.

The Bill for cutting a navigable Canal from the waters of Pasquotank River in this State, to the waters of Elisabeth River in the State of Virginia, was read the third time and laid over until the next Assembly.

The question shall this Bill lie over until the next Assembly or not, being put, was carried in the affirmative; whereupon the Yeas and Nays were required by Mr. Montfort, which are as follows, to-wit:

Yeas:—Messrs. J. Brown, of Bladen, Cain, Cains, McDowall, Jun., Cabarrus, Fulford, Creecy, Grove, McKay, Anderson, Jo. Stewart, Dixon, Killebrew, Baker, J. Bryan, J. H. Bryan, Maclaine, Tindall, Ussory, Phifer, J. Douglass, Mebane, Yates, Grant, Moye, S. Allen, Wood, Bell, Caldwell, Barnes, N. Brown, W. T. Lewis, Clendenning, Spruill, J. Brown of Wilkes, Tatom, Goodorom Davis, Cumming, E. Jones, Steele, Lindley, Lassiter, W. Martin, M. King, Lennard, Lanier, May, Withrow, Carson, Devane, Hardin.—51.

Nays:—Messrs. Horn, Pugh, McDowall, J. Allen, T. Pool Williams, G. Dauge, P. Dauge, Sawyer, B. Douglass, Graves, Hardiman, J. Hill, Mitchell, Hamilton, Gowdy, J. Jones, W. Ward, Moore, W. Williams, Slade, Bonds, Skinner, Harvey, Porter, Bethell, Phillips,

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Walton, Jas. Stewart, Blair, Hawkins, Montfort, Hinton, Sanders, Handley, Vick, Person, Holmes, H. Hill, J. P. Williams, Harris.—40.

Mr. Grove who had leave to withdraw for amendment the Bill to open a communication between Cape Fear River and upper Fayetteville by making Cross Creek navigable, delivered in the Bill with the amendments, who did at the same time present the Memorial of Mark Russell proprietor of the Land on Cross Creek, and the Petition of Sundry Inhabitants of Fayetteville, praying that the Bill should not pass into a Law, &c.; which being read, Mr. Grove then moved that the Bill be read for the Second reading in this House, which was accordingly read the second time and rejected.

Received from the Senate the report of the Committee on Western territory on Indian affairs. Endorsed, in Senate, read & Concurred with “as amended”; which report being read was Concurred with as amended by the Senate, and returned.

Mr. William Cack one of the members for Hawkins county, appeared was qualified and took his seat; whereupon Mr. Cack was called upon to render reasons upon Oath for his non-attendance, on the day appointed for the meeting of the General Assembly, which he accordingly did and they were deemed sufficient.

Received from the Senate a Bill once more to extend an Act intitled “an Act to pardon and consign to oblivion the offences and misconduct of certain persons in the Counties of Washington, Greene, Sullivan and Hawkins,” and a Bill to impower the County Court of Cumberland to appoint Inspectors for the Ware House built in Fayetteville by Robeson Mumford & James Porterfield, &c. Endorsed, read the third time and passed. Ordered that these Bills be read the third time To-morrow.

Received also, a Bill for impowering the navigation of Albemarle Sound and a Bill to impower the Wardens of the Poor for the County of Camden to levy a Tax to enable them to settle the arrears due from the said County. Endorsed, read the second time & passed.

Received from the Senate a resolution of that House directing the Treasurer to pay Richard Allen Twenty-three pounds, also a resolution directing the Comptroller to issue said Allen a Certificate for the like Sum; which being read, were Concurred with & returned.

Mr. Cumming moved for leave and presented a Bill to punish

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House Breaking and other Crimes, which was read the first time, passed & sent to the Senate.

Received from the Senate a Resolution of that House, requesting His Excellency the Governor, to transmit a Talk or Talks to the Cherokees and Chickamawgaws, &c.; which being read was Concurred with and returned.

Received also a resolution of that House requesting His Excellency the Governor, to write to Alex McGilvary informing him that this State, in compliance with the requisition of Congress, will appoint a Commissioner to act with the Commissioners from South Carolina & Georgia for holding a Treaty with the Southern Indians, &c.; which being read, was Concurred with and returned.

The Bill for the relief of former Sheriffs and for directing the Comptroller as to the manner of settling their accounts, was read the third time, passed & ordered to be Engrossed.

Received from the Senate a Bill to admit to record certain Deeds, Grants and Patents for Land heretofore obtained. Endorsed, read the first time & passed. Ordered that this Bill be read the second time to-morrow.

Received also a Bill for the relief of persons who have and may suffer for want of their Grants, Deeds, and Mesne Conveyances not being proved and registered, &c. Endorsed, read the Second time and passed. Ordered that this Bill be read the Second time To-morrow.

Mr. Lindley moved for leave and presented a Bill to prevent the further importation of Slaves, which was read the first time, passed and sent to the Senate.

Mr. McDowall presented the Memorial of William Moore, late Sheriff of Burke County; which being read, was referred to Mr. Brown, Mr. McDowall and Mr. Horn, on the part of this House, and sent to the Senate.

The Bill to impower the wardens of the Poor for the County of Camden to levy a Tax to enable them to settle the arrears due from the said County, was read the third time, passed & sent to the Senate.

Received from the Senate a Bill to authorize and enable John Coulson to return into this State, and exercise the privileges therein mentioned. Endorsed, read the first time & passed.

Received also, a Bill to quiet in the possession of William Scott

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certain lands therein mentioned. Endorsed, read the Second time and passed.

The Bill for improving the navigation of Albemarle Sound was read the Second time, passed and sent to the Senate.

Mr. Person, from the Committee to whom was referred the Petition of John Coulson, delivered in a report, which being read, was ordered to lie on the Table until To-morrow.

Received from the Senate the Memorial of John Ellis of Bladen County. 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 John Kimbrough, which being read was rejected.

Ordered that Mr. Hawkins have leave to absent himself from the service of this House after Tuesday next.

Mr. Person presented the Petition of Robert Alexander, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Person, from the Committee of Privileges and Elections to whom was referred the Memorial of John Walker, Esquire, of the Town of Wilmington, delivered in the following report, to-wit:

The Committee of Privileges and Elections to whom was referred the Memorial of Major John Walker, setting forth that Edward Jones the sitting Member in the House of Commons for the Town of Wilmington, had not taken the Oath of Allegiance to this State prior to his being elected, and consequently being a Foreigner was not Eligible to a seat in the General Assembly, Report,

That it is their opinion the said Edward Jones was entitled to Citizenship in this State at the time of his Election and that he was eligible to a Seat in the General Assembly.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

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

The Committee to whom the Memorial of Samuel Marley was referred, Report,

That some time in the year 1776, the said Marley gave his Bond

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to a certain Robert Mains for Sixty Pounds, which by the said Mains was assigned to a certain John Nicholas Harder. That after the said Marler entered into the aforesaid Contract with the said Mains, he was summoned as a Garnishee on behalf of the State to declare what Estate he had of the said Mains in his possession, and not knowing that the said Bonds had been assigned as aforesaid, declared that he was indebted to the said Mains the aforesaid Sum of Sixty pounds. That the said John Nicholas Harder soon after produced the aforesaid Bonds properly assigned and transferred, which the said Marley fully paid as appears by the said Harder’s affidavit herewith presented, and is still bound by his acknowledgment as Garnishee aforesaid.

Your Committee under these circumstances are of opinion that the said Mains ought not to be subject to the further payment of his acknowledgment as aforesaid, and beg leave to recommend the following Resolution, to-wit:

Resolved, That the County Court of Orange be directed to remit to the said Samuel Marley the aforesaid acknowledgment as a Garnishee.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

The House adjourned until To-morrow Morning 9 O’clock.


Friday, 28 November, 1788.

The House met according to adjournment.

Mr. Dixon presented the resignation of Francis Oliver as a Justice of the Peace for Duplin County, which being read, was accepted & sent to the Senate.

Mr. Hardin presented Sundry pay rolls for services performed on an expedition against the Indians.

Ordered that they be referred to the Committee to whom the Western Payrolls were referred.

Received from the Senate a Bill to prevent the further importation of Slaves, and a Bill to punish House breaking and other Crimes. Endorsed, read the first time & passed,

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Received also a Bill to repeal part of an Act passed at New Bern December, 1785, intitled “an Act for destroying Wolves, &c.;” a Bill to encourage the draining and recovering a Tract of Land in Tyrrel County, and a Bill to amend an Act to prevent the exportation of unmerchantable Commodities. Endorsed, read the Second time and passed.

Received from the Senate a Bill for dividing the County of Mecklenburg. Endorsed, read the first time & passed.

Received also, the resolution of this House directing the Committee on Revenue to Report the necessary measures to be adopted with regard to the Commissioners for purchasing Tobacco for the ensuing year, Concurred with.

Received from the Senate a resolution of that House directing His Excellency the Governor, to issue a Proclamation requiring all persons unlawfully settled on the Indian hunting Grounds to remove therefrom; which being read, was rejected.

Received from the Senate the following Bills. Endorsed, read the Second time & passed; to-wit:

A Bill to extend the line between the Counties of Burke & Rutherford;

A Bill to annex part of Dobbs County to the County of Jones;

A Bill to annex part of the County of Washington to Sullivan.

Received also, a Bill to emancipate a certain Negro Slave named Phillis, late the property of George Jacobs, &c. Endorsed, read the third time and passed.

Received from the Senate Sundry Payrolls for services performed on an Indian expedition, &c. Endorsed, referred as by the House of Commons.

Received from the Senate a Bill to amend an Act intitled “an Act to prevent domestic insurrections”; and a Bill to amend an Act intitled “an Act for appointing the place of holding Courts of Pleas and Quarter Sessions in the County of Sullivan,” &c. Endorsed, read the second time and passed.

The Bill once more to extend “an Act to pardon and consign to oblivion the offences and Misconduct of certain persons in the Counties of Washington, Sullivan, Greene and Hawkins,” was read the third time, passed and ordered to be Engrossed.

The question shall this Bill pass or not pass, being put, was carried

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in the affirmative; whereupon, the Yeas & Nays were required by Mr. McDowall, which are as follows, to-wit:

Yeas:—Messrs. J. Brown of Bladen, Horn, Pugh, Cains, McDowall, Jun., Cabarrus, Grove, P. Dauge, Sawyer, McKay, B. Douglass, Graves, Jo. Stewart, Dixon, Robeson, Killebrew, J. Hill, Mitchell, J. Jones, Baker, W. Ward, J. Bryan, Moore, W. Williams, Slade, Phifer, Jo. Douglass, Bond, Mebane, Moye, S. Allen, Wood, Caldwell, Porter, Bethell, Barnes, N. Brown, W. T. Lewis, Walton, Clendenning, Jas. Stewart, Blair, Hawkins, Montfort, Brown of Wilkes, Hinton, Sanders, Handly, Branch, Tatom, Goodorom Davis, Cumming, E. Jones, Vick, Steele, Lindly, Holmes, Lassiter, Martin, W. King, Carson, H. Hill, J. P. Williams, Devane, Maxwell, Scott, T. King, Hardin, Outlaw, Cack.—70.

Nays:—Messrs. Cain, McDowall, Fulford, Creecy, T. Pool Williams, G. Dauge, Anderson, B. Harris, Hamilton, Gowdy, Maclaine, Tindall, Yates, Grant, Skinner, Harvey, Bell, Spruill, Herndon, Knox, Person, Lennard, Withrow.—23.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The subject matter contained in the form of a resolution herewith sent you, we propose shall be reported on by a joint Committee, and for this purpose on our part have appointed Mr. Gallaway, Mr. Blount and Mr. Bloodworth.

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

Mr. Speaker & Gentlemen:

The Commons have on their part appointed Mr. E. Jones, Mr. Phifer, Mr. Cabarrus, Mr. Steele and Mr. Cack to act as a Committee with the Gentlemen by you appointed, to report on the subject matter contained in the resolution by you referred to.

Received from the Senate a resolution of that House for appointing a Committee to confer with His Excellency the Governor, on the subject of sending a Message with a Talk or Talks to the Indians, &c.; which being read was Concurred with and returned. Whereupon the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Cack and Mr. Person to act with General

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McDowall for the purpose of conferring with His Excellency the Governor, on the subject of sending a Talk or Talks to the Indians, &c.

The Bill to admit to record certain Deeds, Grants and Patents for lands heretofore obtained, was read the second time, passed and sent to the Senate.

Mr. Cumming moved for leave and presented a Bill concerning recognizances; which was read the first time, passed & sent to the Senate.

The Bill to quiet in the possession of William Scott certain Lands therein described, was read the third time, passed and sent to the Senate.

The Bill for the relief of Persons who have and may suffer for want of their Deeds, Grants and Mesne Conveyances being proved & registered within the time heretofore appointed by Law, and to direct Transcripts of the records of Orange County to be made; was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Bills. Endorsed, read the Second time and passed; to-wit:

A Bill to encourage the building of Iron Works in this State;

A Bill to amend the several Acts of Assembly to prevent dealing and trafficking with slaves;

A Bill to enable John Crawford late Sheriff of Anson County, to Collect Arrears, &c.;

A Bill to invest Thomas Naples, Jun., his Heirs and assigns, for ever with a title in fee simple to a certain Tract of Land, &c.;

A Bill to amend an Act intitled “an Act to direct the method of appointing Jurors, &c.;

A Bill to amend an Act passed in the year 1783, intitled “an Act to vest certain Lands in fee simple in Richard Henderson & others.”

Received also, a Bill to amend an Act passed at Tarborough in the year 1786 intitled “an Act directing the County Courts of Pleas & Quarter Sessions to appoint Coopers or turners up of Tobacco. Endorsed, read the first time & passed.

Received from the Senate the Memorial of William Moore, late Sheriff of Burke County. Endorsed, read and referred to Mr. Graham, Mr. McCawley and Mr. Lenoir.

Received also, the Petition of Robert Alexander. Endorsed, read and referred as by the House of Commons.

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Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the two Houses proceed to ballot on Saturday next at four O’clock in the afternoon for the Delegate yet to be made choice of, and an Agent to superintend the settlement of the accounts of this State with the United States, and a Commissioner for holding a Treaty with the Indians. We nominate for Delegate, William Lenoir, Esq., and Judge Spencer. For an agent to superintend the settlement of accounts, Hugh Williamson and Benjamin Williams, Esqrs. Commissioners for holding a Treaty with the Indians, Charles McDowall, James Gallaway, John Steele and John Stokes, Esquires.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree to ballot at the time by you proposed for the officers mentioned in your Message of this day, approve of your nominations, and have added thereto for an agent for the settlement of the accounts of this State with the United States Mr. Abishai Thomas, and for Commissioner for holding a Treaty with the Indians, Mr. McDowall, Jun., and General Caswell.

Received from the Senate a Bill to amend an Act entitled “an Act to erect a Town on the Lands of Matthew Figures, in Northampton County,” and a Bill to amend an Act, intitled “an Act to establish a Superior Court of Law and Equity in the County of Davidson,” &c. Endorsed, read the Second time and passed.

Received also, a Bill to secure to Thomas Bloodworth, his Heirs and assigns, the exclusive right of building Mills on the principle of the oblique Wheel. Endorsed, read the first time and passed.

And received also, a Bill for improving the navigation of Albemarle Sound. Endorsed, read the third time and passed.

The Bill to encourage the draining and recovering a tract of Land in Tyrrell county, was read the Second time & laid over until next Assembly.

Mr. Phifer moved for leave to withdraw for amendment the Bill for dividing the County of Mecklinburg. Ordered that he have leave accordingly.

The Bill to amend an Act passed at Tarborough in the year 1786, intitled “an Act directing the County Courts of Pleas and Quarter

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Sessions to appoint Coopers or turners up of Tobacco,” was read the first time, passed and sent to the Senate.

Received from the Senate the Report of the Committee on the Memorial of Samuel Marley, Concurred with by that House.

Received also, the resignation of Francis Oliver, a Justice of the Peace, accepted of by that House.

The Bill to amend an Act passed in the year 1783, intitled “an Act to vest certain Lands in fee simple in Richard Henderson & others,” was read the third time, passed and sent to the Senate.

The Bill to amend an Act intitled “an Act to establish a Superior Court of Law and Equity in the County of Davidson,” passed at New Bern in December, 1785, was read the Second time, passed and sent to the Senate.

Received from the Senate a Bill for the relief of Thomas Craike, James Walker, the Executrix of John Ancrum and the Administrator of John Forster, deceased. Endorsed, read the Second time and passed.

The Bill to amend an Act to prevent the exportation of unmerchantable Commodities, was read the third time and laid over until the next Assembly.

The Bill to amend the several Acts of Assembly to prevent dealing and trafficking with Slaves, was read the third time, amended, passed and sent to the Senate.

The Bill to secure to Thomas Bloodworth, his Heirs and Assigns, the exclusive right of building Mills on the principle of the oblique Wheel, was read the first time and laid over until the next Assembly.

Ordered that Mr. Edward Everagin have leave to absent himself from the service of this House after To-morrow.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have added Mr. Galloway to the Committee on Revenue.

Mr. Miles King presented the Petition of William Johnson of Montgomery county & sundry depositions against the Conduct of certain Justices of the Peace in the said County.

Ordered that they be referred to the Committee of Propositions and Grievances.

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

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Mr. Porter moved for leave to withdraw for amendment the Bill to extend the line between the Counties of Burke and Rutherford.

Ordered that he have leave accordingly.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report, to-wit:

The Committee to whom the Petition of John Colson of Anson County, was referred, praying to be restored to the rights of Citizenship, which he had forfeited by attaching himself to the British in the late War, Report,

That as a number of respectable Citizens in the Counties of Anson and Montgomery have Petitioned that the said John Colson might be received as a Citizen, Your Committee beg leave to recommend that an Act be passed restoring the said John Colson to the rights and Privileges of a Citizen.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration concurred therewith.

The Bill to authorize and enable John Colson to return into this State, and exercise the privileges therein mentioned, was read the Second time, passed and sent to the Senate.

Mr. Cabarrus, from the Committee of Revenue, delivered in the following Report, to-wit:

The Committee on Public Revenue, to whom was referred the Memorial and Petition of Sundry Inhabitants of Rowan County, praying to be released from payment of two thirds of the purchase money of Certain Confiscated property in Cash, and to be allowed to pay the same in Certificates, Report,

As their opinion that the prayer of the said Petition ought not to be granted.

On the representation of John Haywood, Esquire, Public Treasurer, relative to payment of Warrants granted by the Governor for Commissions of Sales of Confiscated property, the Committee are of opinion that Mr. Haywood be allowed for the warrant which he has paid in favour of Colo. Nicholas Long, and that the same shall be admitted in settlement of his accounts as Cash. The Committee are also of opinion that the payment and allowance of this warrant shall not establish a precedent for payment of others of like nature in future, but that the same shall depend on the Law for directing

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the Sale of Confiscated property, and that where Suits are or shall be instituted against the Treasurer for refusing to pay such Warrants, he shall defend the same at the expence of the State; and in case of Judgment being had against him for money in the Court where such Suit or Suits are or shall be commenced he shall be Authorized and required to pray an injunction and have the matter determined by the Court of Equity (which shall next be held for the district in which such Judgment shall be had), whose decree in the premises shall be final and conclusive, and the said Treasurer shall pay such Warrant or Warrants according to such decree and shall be allowed for the same in settlement of his accounts with the public.

All which is submitted.

S. CABARRUS, Ch’n.

The House taking this report into Consideration Concurred therewith.

The House adjourned until To-morrow Morning 9 o’clock.


Saturday, 29 November, 1788.

The House met according to adjournment.

On a motion made by Mr. Cabarrus and seconded by Mr. —— that the report of the Committee on the Memorial of James Glasgow, Esquire, which had been rejected, he reconsidered, It was

Resolved, The said report be taken up and re-considered.

The Report was accordingly taken up, read and debated, and again rejected.

Mr. Person, from the Committee of Propositions and Grievances, delivered in a Report on the Memorial of John Walker, which being read, was ordered to lie on the Table without further order.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the recommendation for Justices and Field officers for the several Counties, where necessary, be made this evening, to the end that Commissions may be issued previous to the rising of the Assembly.

The Bill to prevent the further importation of Slaves, was read the Second time and laid over until the next Assembly.

The question shall this Bill be laid over until the next Assembly

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or not, being put, was carried in the affirmative; whereupon the Yeas and Nays were required by Mr. Lindley, which are as follows:

Yeas:—Messrs. J. Brown of Bladen, Pugh, Cains, T. Pool Williams, P. Dauge, McKay, B. Douglass, Graves, Anderson, J. Hill, Mitchell, Hamilton, J. Jones, W. Ward, J. Bryan, J. H. Bryan, Moore, Maclaine, W. Williams, Slade, Ussory, Bonds, Mebane, Yates, Grant, Moye, S. Allen, Caldwell, Porter, Bethell, Phillips, Barnes, Lewis, Jas. Stewart, Brown (of Wilkes), Hinton, Sanders, Branch, Tatom, Steele, Person, Lassiter, W. King, Lennard, Lanier, Withrow, J. P. Williams, Devane, T. King, Hardin, Outlaw, Cocke.—52.

Nays:—Messrs. Cain, Horn, McDowall, McDowall, Jun., J. Allen, Cabarrus, Fulford, Creecy, G. Dauge, Sawyer, Dixon, Hardiman, Gowdy, Baker, Randall, Phifer, J. Douglass, Everagin, D. Davis, Harvey, Wood, Bell, N. Brown, Walton, Clendenning, Spruill, Blair, Hawkins, Montfort, Herndon, Cumming, E. Jones, Knox, Lindley, May, Carson, H. Hill, Maxwell, Scott, Skinner.—40.

Received from the Senate a Bill concerning recognizances. Endorsed, read the first time and passed.

The Bill to punish House breaking and other Crimes, was read the Second time, amended, passed and sent to the Senate.

The Bill to encourage the building of Iron Works in this State, was read the third time, amended, passed and sent to the Senate.

Received from the Senate a Bill to amend an Act intitled “an Act to establish a Superior Court of Law and Equity in the County of Davidson,” passed at New Bern in December, 1785. Endorsed, read the third time and passed.

Ordered that Mr. John Walker have leave to withdraw such papers as were presented with his Memorial.

The Bill to impower the County Court of Cumberland to appoint Inspectors for the ware house built in Fayetteville, by Robeson Montford and James Porterfield, established by Act of Assembly December, 1785, was read the third time, passed and ordered to be Engrossed.

The Bill to amend an Act intitled “an Act to establish a Superior Court of Law and Equity in the County of Davidson,” passed at New Bern in December, 1785, was read the third time, passed and ordered to be Engrossed.

The Bill to amend an Act intitled “an Act to direct the method of appointing Jurors and Surveyors to run out disputed Lands,”

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was read the third time, and laid over until the next General Assembly.

The Bill to amend an Act intitled “an Act to prevent domestick insurrections,” was read the third time, passed and sent to the Senate.

The Bill to annex part of Dobbs County to the County of Jones, was read the third time, passed and sent to the Senate.

The Bill to annex part of the County of Washington to Sullivan, was read the third time, passed and sent to the Senate.

The Bill to amend an Act intitled “an Act for appointing the place of holding Courts of Pleas and Quarter Sessions in the County of Sullivan,” passed at Fayetteville, 1786, was read the third time, passed and sent to the Senate.

The Bill for improving the navigation of Albemarle Sound, was read the third time, passed and ordered to be Engrossed.

The Bill to amend an Act intitled “an Act to erect a Town on the Land of Matthew Figures in Northampton County,” was read the third time, passed and sent to the Senate.

The Bill to enable John Crawford, late Sheriff of Anson County, to collect the arrearages of Tax for the year 1779, was read the second time, amended, passed and sent to the Senate.

The Bill to repeal part of an Act passed at New Bern, December 1785, intitled “an Act for destroying Wolves, Wildcats, Panthers, Bears, Crows and Squirrels in the several Counties therein mentioned,” was read the third time, passed and sent to the Senate.

The Bill to authorize and impower the Judges of the Superior Courts of Law in their several Districts to lessen or remit forfeited recognizances, was read the second time, amended, passed and sent to the Senate.

The Bill for the relief of Thomas Craike, James Walker, the Executrix of John Ancrum and the Administrator of John Forster, deceased, was read the second time, passed and sent to the Senate.

The Bill to emancipate a certain Negro Slave named Phillis, late the property of George Jacobs of the Town of Wilmington, deceased, was read the third time, passed & ordered to be Engrossed.

The Bill to invest Thomas Maples, Jun., his Heirs and assigns, forever with a title to a certain Tract of Land therein described, in the County of Moore; was read the Second time, and laid over until the next Assembly.

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Mr. Mebane, who had leave to withdraw for amendment the Bill to levy a Tax in Gold, or Silver, or Specific Articles, &c., delivered in at the Clerk’s Table the Bill with the amendments. Ordered that this Bill lie on the Table until Tuesday next.

Mr. Cabarrus presented the representation & Memorial of John Hunt, Clerk of the House of Commons, which being read, was referred to the Committee on Revenue, and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

The Bill for establishing a Superior Court of Law and Equity in Davidson County having now passed into a Law, we propose that a Brigadier General, and Colonel of Cavalry for the District of Mero, be balloted for and nominate for a Brigadier General William T. Lewis, Daniel Smith and Samuel Barton. For Colonel of Cavalry, Robert Hays and Edward Hickman.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the consideration of the report of the Committee of Propositions and Grievances on the Petition of the Executors of Arthur Brown, deceased, formerly Sheriff of Bertie County, be taken up and recommitted to the same Committee.

Received from the Senate the Petition of Adam Laurence. 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 Charles Simpson. Endorsed, read and referred to Mr. Kenan, Mr. Bloodworth and Mr. Hargett; which being read, was referred on the part of this House, to Mr. Cabarrus, Mr. Skinner, Mr. Mebane, Mr. Maclaine and Mr. Hamilton.

Mr. Outlaw moved for leave and presented a Bill to impower the Commanding Officers of Greene and Hawkins Counties to erect a station or stations on the North side of Tennessee River, in the district of Washington, to protect the Citizens of this State to settle on the Lands entered in John Armstrong’s office, and to prevent hostilities on the Cumberland Road, and for other purposes therein mentioned; which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to admit to record certain Deeds, Grants and Patents for Lands heretofore obtained; and a Bill for the

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relief of Persons who have suffered or may suffer by their Grants, Deeds and Mesne Conveyances not being proved and registered within the time heretofore appointed by Law; and to grant a further time for registering certain Grants heretofore issued from Lord Granville’s office; and to direct Transcripts of the records of Orange County to be made. Endorsed, read the Second time and passed.

Mr. Edward Jones moved for leave and presented a Bill to establish an Inspection of Pork, Beef and Naval Stores at Bryan’s Ferry on Neuse River, in Craven County; which was read the first time and laid over until the next Assembly.

Received from the Senate a Bill to establish a Company for opening the navigation of the Catawba River. Endorsed, read the first time and passed.

Received from the Senate the following Messages, to-wit:

Mr. Speaker & Gentlemen:

We agree that the recommendations for Justices and Field officers to be appointed by the present Assembly be presented this afternoon.

Mr. Speaker & Gentlemen:

We have received and considered of the report of the Committee appointed on Revenue, with the whole of which we do not concur, but propose that the latter part thereof which respects impost on drawbacks for Molasses distilled be expunged, and that the resolution of this House herewith sent you on that head be adopted.

At the same time received the resolution above referred to, which being read, was concurred with; whereupon, the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the resolution of your House relative to the drawbacks for Molasses distilled, and Commissions on drawbacks for goods reshipped, as also a proposition for expunging that part of the report of the Committee on Revenue relative to that subject. The resolution we return you Concurred with, have made the report conformable to your proposition and now send it for Concurrence.

Received from the Senate the resignation of Samuel Harrell as First Major of the Hertford Regiment of Militia. Endorsed, read & accepted; which being read, was accepted by this House and returned.

Received also, the report of the Committee appointed on the resolutions

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submitted by Mr. Blount. Endorsed, read & Concurred with; which being read was Concurred with by this House and returned.

The House adjourned until 4 O’clock P. M.

Met according to adjournment.

Ordered that Mr. Vick have leave to absent himself from the service of this House. That Mr. Ward have leave also, after Tuesday next, and Mr. Hinton after Thursday.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree to ballot for the Military officers mentioned in your Message of to-day, and approve of the nominations, and propose that a Major and Second Major for the regiment of Cavalry in the district of Mero, be made choice of at the same time and nominate for First Major, James Lewis; and for Second Major, Jonathan Drake. We also propose, in order to expedite this business, that the persons who have the greatest number of Votes (the Brigadier excepted) be returned legally appointed.

Ordered that the following Message be sent to the Senate.

Mr. Speaker & Gentlemen:

We agree that a First and Second Major for the district of Mero be also balloted for this evening. We have added Mr. Benjamin Hawkins to the nomination for a Delegate, and James Clendenning for Second Major of Cavalry. We agree that the officers having the greatest number of Votes, as by you proposed, be declared duly Elected, and have appointed Mr. Mebane & Mr. Skinner to superintend the balloting.

Received from the Senate the resignation of Archibald Murphy as Colo. of Caswell County. Endorsed, read and accepted; which being read, was accepted by this House and returned.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We consent that the report of the Committee on the Petition of the Executors of Arthur Brown, deceased, be recommitted agreeable to your proposition.

Mr. Speaker & Gentlemen:

We are ready to proceed on the balloting and have appointed Mr.

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McKinne and Mr. McCawley to superintend the same on the part of this House.

Received from the Senate the representation and Memorial of John Hunt, and the Petition of William Johnson. Endorsed, read and referred as by the House of Commons.

Mr. Hawkins, from the Committee to whom was referred the Memorial of Griffith John McRee, delivered in the following Report:

The Committee to whom was referred the Memorial of Griffith John McRee, setting forth that he had lost a Warrant on the Treasury, Granted by Governor Caswell for the Sum of Ninety five 20-90 Dollars and praying the General Assembly to take his case into Consideration, Report,

That having examined the said Memorial, together with the deposition of the Memorialist, they find the facts therein set forth to be true, that the Warrant Granted in lieu of a Bill drawn by the Board of Treasury of the United States, on the Continental Loan Officer in this State, for arrears of pay due to the Memorialist as an officer in the Continental Army, and that the Governor on Granting said Warrant, took up said Bill whereby a claim is founded against the United States to amount thereof.

Your Committee are therefore of opinion that the Treasurer be directed to pay to the said Griffith John McRee the Sum of Thirty-Eight pounds one Shilling and Nine pence, being the amount of the said Warrant by him lost, as aforesaid, which warrant appears to have been numbered 78, and that he be allowed the same in the settlement of his account with the public; provided, he shall not have heretofore paid the original warrant, and shall take the necessary precaution in checking and stopping payment of the said original warrant in future, pursuant to which they recommend the following resolution to be adopted, vizt:

Resolved, That the Treasurer be and he is hereby directed to pay to Griffith John McRee the Sum of thirty-eight pounds one shilling and nine pence, being the amount of a warrant No. 78 granted by Governor Caswell in his favour, in lieu of a Bill drawn by this Board of Treasury of the United States, on the Commissioner of the Continental Loan Office in this State, which warrant is said to be lost, and that he be allowed the same in settlement of his accounts with the public. Provided, the said warrant shall not have been paid heretofore,

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and that he shall take the necessary measures to stop payment of the same in future.

All which is submitted.

WYATT HAWKINS, Ch’n.

The House taking this report into consideration Concurred therewith.

The House adjourned until Monday Morning 9 O’clock.


Monday, 1 December, 1788.

The House met acording to adjournment.

The Bill to establish a Company for opening the navigation of the Catawba River, was read the first time, passed and sent to the Senate.

Mr. E. Jones, who had leave to withdraw for amendment the Bill to amend an Act intitled “an Act for the promotion of learning in the district of Wilmington, delivered in at the Clerk’s Table the Bill with the amendments, which was taken up & read the Second time, and the amendments inserted therein, was passed & sent to the Senate.

Mr. Cumming moved for leave and presented a Bill to prevent the exportation of Raw Hides, pieces of Hides, of Black Cattle, and Calf Skins; also of Beaver, Rackoon, Fox, Wildcat and lesser Furs, and all skins of the above nature; which was read the first time, passed and sent to the Senate.

The Bill to admit to record certain Deeds, Grants and Patents for lands heretofore obtained, was read the third time, passed and sent to the Senate.

Mr. Phifer, who had leave to withdraw for amendment the Bill for dividing the County of Mecklinburg, delivered in the Bill with the amendments, which Bill was then taken up and read the second time and laid over until the next Assembly.

Mr. Mebane, from the joint Balloting for one Delegate, for an Agent to superintend the settlement of the accounts of this State with the United States, a Commissioner to Treat with the Indians, and Military officers for the district of Mero, Report,

That William Lenoir, Esquire, was Elected Delegate; John Steele, Esquire, Commissioner to treat with the Indians; Daniel Smith, Esquire, Brigadier Genl. for the district of Mero; Robert Hays,

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Esquire, Colonel of Cavalry; James Lewis, First Major, and James Clendenning, Second Major for the said District.

That Abishia Thomas, Esquire, as Agent for Settlement of the Accts. of this State, &c., had 70 Votes, tho’ not a Majority.

The House taking this report into Consideration Concurred therewith.

Mr. Dixon presented the Petition of Alexander Gunn, which being read, was sent to the Senate.

The Bill for the relief of persons who have suffered or may suffer by their grants, deeds and mesne Conveyances not being proved and registered, within the time heretofore appointed by Law, and to grant a further time for registering certain Grants heretofore issued from Lord Granville’s office, and to direct Transcripts of the records of Orange County to be made; was read the second time, amended, passed and sent to the Senate.

Ordered that Mr. Meares have leave to absent himself from the service of this House after Wednesday next, and Mr. Ussory after Thursday.

Received from the Senate a Resolution of that House directing the Treasurer to pay Edward Tinker one Hundred and fifty-one pounds Twelve Shillings and Six pence, which being read, was concurred with and returned.

Received also, a resolution directing the Treasurer to change & take up from Anthony Maultsby Nine Pounds of ragged Money, &c.; which being read, was concurred with & returned.

Received from the Senate a Bill to impower the Commanding Officers of Greene and Hawkins Counties to Erect a Station or Stations, &c.; A Bill to punish persons guilty of the Sin of Adultery, Incest and Polygamy, and a Bill to prevent the exportation of Raw Hides, &c. Endorsed, read the first time and passed.

Received also, a Bill to impower the County Courts of Rockingham to lay a further Tax, &c. Endorsed, read the second time and passed.

Received from the Senate the report of the Committee on Revenue; on the Memorial and Petition of Sundry Inhabitants of Rowan County, and the report of the Committee on the Memorial of Griffith John McRee. Endorsed, read and concurred with.

Whereas, William Good, who was heretofore appointed to take care of the public buildings in the town of New Bern, has resigned

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the said appointment, and prayed that his accounts respecting the same may be examined and settled; therefore,

Resolved, That John Daves, Esquire, be appointed to take care of the aforesaid buildings, and that William Good be requested to present his accounts to the next Assembly for settlement.

The Bill to empower the County Court of Rockingham to lay a further tax to reimburse the Commissioners the Money by them expended in erecting the Court House, Prison and Stocks in said County, was read the third time, amended, passed & sent to the Senate.

The Bill to punish persons guilty of the Sin of Adultery, Incest and Polygamy, was read the first time, passed and sent to the Senate.

Recived from the Senate a resolution of that House for appointing a Committee to receive of Griffith John McRee certain Certificates therein alluded to, for the purposes therein expressed, which being read was Concurred with; whereupon the following Message was Ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Mebane and Mr. Gowdy to act with Mr. Thomas Stewart for the purpose of receiving from Mr. McRee, the Certificates referred to in the Resolution of your House.

The Bill to impower the Commanding Officers of Greene and Hawkins Counties to erect a station or stations on the North side of Tennessee river, in the district of Washington, &c.; was read the Second time, amended, passed and sent to the Senate.

Mr. Person called for the resolutions entered into during this Session for the calling another Convention, and moved, and was Seconded, that they be read through; Whereupon they were accordingly read. He then moved that the first resolution be again read, which was accordingly read in the following words, to-wit:

“Resolved, That it is the opinion of this House a new Convention be recommended for the purpose of reconsidering the new Constitution held out by the Federal Convention as a Government for the United States.”

This resolution being read, Mr. Person then moved and was seconded by Mr. Bethell, that the House reconsider the said resolution, which was objected to, The question being put “will the

-------------------- page 130 --------------------
House reconsider this resolution or not,” was carried in the Negative; whereupon, the Yeas and Nays were required by Mr. Person, which are as follows, to-wit:

Yeas—Messrs. McDowall, McDowall, Jun., B. Douglass, Graves, Jo. Stewart, Dixon, Hardiman, Killebrew, J. Hill, Hamilton, Gowdy, J. Jones, Randall, J. H. Bryan, Jo. Douglass, Bonds, Mebane, Moye, Porter, Bethell, Phillips, Jas. Stewart, Blair, Hawkins, Montfort, Branch, Tatom, Lindley, Person, Holmes, Withrow, Maxwell.—32.

Nays—Messrs. J. Brown (Bladen), Horn, Pugh, Cains, Cabarrus, Fulford, Creecy, T. Pool Williams, G. Dauge, P. Dauge, McKay, Baker, W. Ward, J. Bryan, Moore, Maclaine, W. Williams, Slade, Phifer, Yates, Grant, D. Davis, Skinner, Wood, Bell, Barnes, N. Brown, Walton, Clendenning, Spruill, Hinton, Sanders, G. Davis, Cumming, E. Jones, Knox, Martin, Lennard, Lanier, May, Carson, H. Hill, T. King, Hardin, Outlaw, Cocke, Everagin, Steele, Grove, Caldwell.—50.

Mr. Cumming moved for leave and presented a Bill to explain an Act directing the duty of Naval Officers and all Masters of Vessels coming into any of the Ports or Inlets of this State, which was read the first time, passed and sent to the Senate.

Mr. Bonds presented the Petition of Hugh McDonald, which being read, was refered to the Committee of Propositions and Grievances and sent to the Senate.

Received from the Senate a Bill for the relief of Persons who have suffered or may suffer by their Deeds, Grants, &c., not being proved and Registered, &c.; and a Bill for the relief of Thomas Craik and others, &c. Endorsed, read the third time and passed.

Received also, a Bill to impower the Courts of Pleas and Quarter Sessions in the several Counties to levy a Tax on the Inhabitants thereof for the purpose of erecting or repairing the Court House, Prison and Stocks therein, &c. Ordered that this Bill be read the third time; the said Bill was accordingly read the third time and laid over until the next Assembly.

The Bill for the relief of Thomas Craik, James Walker, the Executrix of John Ancrum & the Administrator of John Forster, was read the third time and laid over until the next General Assembly.

Received from the Senate a Bill for processioning Lands. Endorsed, read the first time and passed.

Received from the Senate a Resolution of that House appointing

-------------------- page 131 --------------------
Memucan Hunt, Alexander Mebane, William Waters and William McCawley, to receive of the Comptroller all Warrants, Certificates & old Dollar Bills, &c.; which being read, was Concurred with and returned.

The Bill for processioning Lands was read the first time, passed and sent to the Senate.

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

Mr. Cabarrus, from the Committee on Revenue, delivered in the following Report, to-wit:

The Committee on Revenue to whom was referred the representation and Memorial of John Hunt, Clerk to the House of Commons, setting forth that he was annually at considerable trouble, risque and expence, in keeping possession of, removing, &c., the public papers, and never had been allowed anything either for office rent or extra services, and praying an allowance by the present Assembly therefor.

2ndly. That he had delivered into the Comptroller’s office Sundry Vouchers for allowances made by the General Assembly on which claims could be founded against the United States, which by former directions of the Assembly he was to have lodged in the Secretary’s office, and praying the sense of the Assembly on the propriety of his conduct in this particular; also, requesting that proper persons may be appointed to over look his office and direct what papers are necessary to be withdrawn and lodged either in the Secretary’s or Comptroller’s office.

3rd. And that the late General Assembly had omitted to give particular directions with respect to the disposition to be made with the orders of the Board of Treasury of the United States, on the Continental Loan office in this State, for arrears of pay due to the Continental line, and praying relief in the premises.

Mr. Hunt also presented an account for services in overlooking his office and furnishing the Comptroller with Vouchers, &c., as Stated in his Second proposition; all which the Committee having taken into Consideration are of opinion, and Report on the first Proposition,

That no allowance ought to be made for office rent or extra Services, prior to this Assembly; but that the Clerk of the Senate and

-------------------- page 132 --------------------
Commons be allowed Twenty-five pounds each, per annum in future, including the year 1788, for office rent and extra services, exclusive of their wages for services during the Assembly.

On the 2nd:

The Committee are of opinion that Mr. Hunt stands justified in sending to the Comptroller’s office such papers and Vouchers as were necessary to establish claims or accounts of this State against the United States; but they do not think it necessary to appoint any persons to overlook his office, or that of the Clerk of the Senate, for the purpose of directing what papers ought to be withdrawn from either, and lodged in the Secretary’s or Comptroller’s office; because they conceive that the said Clerks are as Competent Judges in this respect as any persons whatever.

The Committee find it unnecessary for the Assembly to take any order as Mr. Skinner the Commissioner of the Continental Loan office in this State is now instructed by the Board of Treasury to receive the said drafts or orders, and Mr. Hunt has lodged them with the Governor for negotiation as appears by the receipt of the Governor’s Secretary which accompanies this report,

On Mr. Hunt’s claim for Service in searching and examining public papers, for Vouchers to support the Claims of this State against the United States, and for going to Hillsborough and delivering the same to the Comptroller, The Committee are of opinion he be allowed Twenty-five pounds.

All which is submitted.

S. CABARRUS, Chn.

The House taking this report into consideration Concurred therewith.

Received from the Senate the report of the Committee appointed to confer with His Excellency the Governor, on the Subject of sending a Talk or Talks to the Indians, and sending a Messenger with the said Talks; and a resolution authorizing and requesting His Excellency to grant a Warrant on the Treasury in favor of Mr. Drumgoole for three hundred pounds in full for his wages and Services in carrying and delivering Talks and Letters to the Cherokees and other Indians, &c.; which report and resolution being read, were Concurred with and returned.

On the question to agree to this Report and resolution, the Yeas and Nays were required by Mr. Porter, which are as follows, to-wit:

-------------------- page 133 --------------------

Yeas—Messrs. J. Brown (Bladen), Horn, Cabarrus, Creecy, T. Pool Williams, Sawyer, B. Douglass, Hardiman, Hamilton, Gowdy, J. Jones, Baker, Maclaine, Slade, Tindall, Phifer, Everagin, Skinner, Harvey, Wood, Bell, Caldwell, Barnes, Walton, Clendenning, Spruill, Montfort, Hinton, Handley, Branch, G. Davis, Cumming, E. Jones, Knox, Steele, Person, Holmes, Lassiter, Withrow, Carson, J. T. Williams, Mears, Maxwell, T. King, Cocke.—45.

Nays—Messrs. Cains, McDowall, McDowall, Jun., Fulford, Graves, Dixon, Yates, Grant, Moye, S. Allen, Porter, Bethell, N. Brown, Blair, Hawkins, Tatom, W. Martin, Lennard, H. Hill, Devane, Hardin, Outlaw.—22.

Mr. Cabarrus from the Committee on Revenue delivered in the following report, to-wit:

The Sub-Committee on Revenue No. 4, to whom was referred the accounts, &c., of the entry taker of the Western Lands, Report,

That having examined the Journals of the General Assembly of 1786 and 1787, they find therein stated that John Armstrong, Esquire, the said entry taker did make return of Lands entered in his office to amount of four Millions three hundred and Ninety-three Thousand Nine hundred and forty-five acres, which at Ten pounds per hundred Acres, amounted to the sum of Four Hundred and Thirty Nine Thousand, Three Hundred and Ninety-four pounds Ten Shillings. That he has paid as follows, vizt.:

Certificates in the years 1784 and 1785,
Checked and field in the Comptroller’s office
£289,731
8
11
Ditto in the year 1788, but not checked
69,603
00
1
Ditto paid in and returned being Counterfeits
to be delivered to the Secretary of State
3,328
00
00
Making in the whole
£362,662
9
00

Payments as appears by the Comptroller’s Certificates herewith presented, and which being deducted from the amounts of entries leaves a balance due the State from the said Entry Taker of Seventy-Six thousand seven hundred and thirty-two pounds one Shilling.

The Sub-Committee further find that by a resolution of the last Assembly the Treasurer was directed, in case the said entry taker failed to settle with and finally pay up to the Comptroller on or before the first day of October the next ensuing, the balance which

-------------------- page 134 --------------------
then appeared to be due and owing from him to the State in Virtue of his said office, as aforesaid, to commence Suit against the said entry taker and his Securities; and having examined the Treasurer relative thereto, were informed by him that prior to the said limited term, the said entry taker did appear at the Comptroller’s office in Hillsborough and in his presence solicited the Comptroller to settle and finally close his account as aforesaid; and giving among other reasons for his being importunate on this subject, that by the foregoing resolution of the Assembly himself and Securities were liable to suffer when he was in readiness to come to a settlement, which the Comptroller declined, and urged as his reasons for so doing, that he was then engaged in exhibiting the accounts of this State against the United States to the Commissioner appointed by Congress to receive them; which to relinquish, and enter on the business of the Land Office (which could not be compleated in less than a Month or Six Weeks) he considered as having a tendency to injure the State in a much greater degree than could possibly be experienced by the arrearages of the Land Office being unaccounted for, as that could be acted upon after the other was compleated, and the reverse could not happen unless Congress should extend the term which they had limited for exhibiting the accounts as aforesaid; with these reasons the said entry taker acquiesced, and the Treasurer consider That it would be improper and unjust to institute a Suit against him when he declared he was in readiness fully and finally to settle up and balance his accounts. The Sub-Committee having taken no resolution on the subject, beg leave to submit the foregoing facts to be decided on and reported to the House by the Committee on Revenue.

J. JONES, Ch’n.

The Committee on Revenue taking the foregoing statement of facts into consideration are of opinion that the said entry taker ought to be allowed Six months from the end of the present session of Assembly to compleat a settlement of his accounts, and that the Treasurer be directed to delay commencing Suit against him until the expiration of said Six Months.

Which is submitted.

S. CABARRUS, Ch’n.

The House taking this report into consideration Concurred therewith.

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Mr. Cabarrus, from the Committee on Revenue, delivered in the following Report, to-wit:

The Committee on Public Revenue, to whom was referred the account of Robert Rowan, late Commissioner for purchasing Tobacco at Fayetteville, as settled in the Comptroller’s office Report,

That there appears to be a balance due the State on that account from the said Robert Rowan, Commissioner as aforesaid, of Sixty-two pounds Sixteen Shillings, which your Committee advise that the Treasurer be directed to receive, and whose receipt for the same shall be a full discharge for the said balance and finally close the account aforesaid.

All which is submitted.

S. CABARRUS, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. Cabarrus, from the Committee on Revenue, delivered in the following Report, to-wit:

The Committee on Public Revenue to whom was referred the Memorial and State of Facts of Richard Blackledge, alleging that he had furnished sundry supplies of leather, Tobacco, Coffee, Sugar, &c., for the use of the Public in the years 1778 and 1781, and praying the same to be admitted as an offsett against the Tobacco by him taken belonging to the Public, of the Purchase made by J. Haywood, Esquire, Commissioner, &c., at Tarborough, Report,

That the facts are not supported so as to induce the Committee to be of opinion the same ought to be allowed; therefore, they advise that the prayer of the Memorialist be rejected.

Which is submitted.

S. CABARRUS, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee, to whom the Memorial of John Orelor was referred, Report,

That by the Memorial it appears the Public had the use of a House of the said Memorialist two years, but as no proof was adduced to support the fact, or show for what particular purpose, or that the

-------------------- page 136 --------------------
Memorialist had not already been paid, induce your Committee to recommend the said Memorial be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee, to whom the Memorial of Gasper Smith was referred, Report,

That the House of the said Memorialist was consumed by fire, and therein Certificates to the amount of one hundred and Six pounds Six shillings, issued by the Board of Commissioners for settling Army Accounts, and the Board of Auditors.

Your Committee are of opinion that the said Gasper Smith be allowed the aforesaid Sum, and beg leave to recommend the following resolution, to-wit:

Resolved, That the Comptroller be and he is hereby directed to issue to Gasper Smith, Certificates to the amount of one hundred and Six pounds Six Shillings to be of equal value of Certificates issued by the Boards of Auditors in this State.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

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

The Committee to whom the Petition of Richard Goode, Sheriff of Surry County was referred, Report,

That the said Goode conceived himself injured in a settlement with the Treasurer for the Taxes of the years 1785 and 1786. Your Committee on examining the premises are of opinion that the Treasurer settled with the said Goode fairly and strictly conformable to the Law; therefore recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

-------------------- page 137 --------------------

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

The Committee to whom the Petition of Saucer Keen, on the subject of allowances as a Soldier in the services of the United States, was referred, Report,

That on examining the Certificates in the possession of the Treasurer, they find one in the name of Saucer Kedar, which induced the Committee to believe it was intended for the said Keen, and as Mr. McKinne hath receipted for the same in the name and behalf of the said Saucer Keen, they beg leave to recommend, that the Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this Report into consideration concurred therewith.

The House adjourned until To-morrow Morning 9 O’clock.


Tuesday, 2 December, 1788.

The House met according to adjournment.

Mr. Person moved for leave to withdraw from the possession of the House, the Petition of Adam Lawrence.

Ordered that he have leave.

Received from the Senate the Petition of Hugh McDonald and the Petition of William Johnson. Endorsed, read and referred as by the House of Commons.

Received also, the resolutions of this House appointing John Daves, Esquire, to take charge of the public buildings in the Town of New Bern, Concurred with.

Received from the Senate the following Reports, Concurred with by that House, to-wit:

Of the Committee on Revenue on the accounts of the Entry Taker of the Western Lands;

On the Memorial of John Hunt; and the report of the Committee of Propositions and Grievances on the Petition of Saucer Keen;

On the Petition of Richard Goode;

On the Memorial of John Oreler.

Received from the Senate a Bill to amend an Act entitled “an

-------------------- page 138 --------------------
Act directing the Sale of Confiscated property.” Endorsed, read the first time and passed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have rejected the recommendations of the Justices for the Counties of Dobbs and Richmond, the first on account of the number now in Commission and the latter by reason of its not being signed by the whole of the members representing the County. We have also erased the name of Alexander McIver from the recommendation for Cumberland. We have likewise rejected the recommendations of officers for Hawkins county. With the whole of the others we have Concurred and send you a List herewith, which we request you will cause to be handed his Excellency the Governor, immediately.

Mr. Cabarrus, from the Committee on Revenue, delivered in a report, which being read and amended, was agreed to in the following words, to-wit:

The Committee on Public Revenue took into consideration the Resolve of the General Assembly relating to the propriety of continuing the purchases of Tobacco, and report as their opinion:

That the Commissioners be directed to purchase Tobacco to the amount of the Money already drawn by them, and that they respectively be authorized to draw out of the Public Treasury as much Money over and above what appears to remain in their hands unappropriated, as will make Ten Thousand pounds in each of the said Commissioners hands, the respective balances now in their possession being first expended and accounted, the whole of which they shall appropriate in the purchase of Tobacco. That the Treasurer be and he is hereby authorized and requried to advance the same in the same manner and under the same restrictions as heretofore. And the remainder of the Monies arising from Impost shall remain in the Treasury subject to the order of a future General Assembly.

All which is submitted.

S. CABARRUS, Ch’n.

On a motion made by Mr. Steele and seconded by Mr. Cabarrus,

Resolved, That a joint Committee be appointed to consider of, and draw such instructions as they shall think the most proper and expedient to be given to the present Agent appointed by the General Assembly to hold a treaty with the Cherokees and Chickamawgaw

-------------------- page 139 --------------------
Indians, in conjunction with the Commissioners appointed by the States of South Carolina and Georgia.

Resolved, That Mr. McDowall, Mr. Person, Mr. Mebane, Mr. Cocke, and Mr. Cabarrus act on the part of this House with such Gentlemen as the Senate shall appoint for this purpose.

Mr. Porter, who had leave to withdraw for amendment the Bill to extend the line between the Counties of Burke and Rutherford, delivered in the Bill at the Clerk’s Table with the amendments; which was read the third time, amended, passed and sent to the Senate.

Received from the Senate a Bill to prevent in future the diminution of the Public Revenue of this State by the neglect of the County Courts; and a Bill to repeal part of an Act intitled “an Act for the revising and collecting the Acts of the General Assembly by the State of North Carolina. Endorsed, read the first time and passed.

Received also, a Bill to authorize and enable John Colson to return into this State and exercise the Privileges therein mentioned; and a Bill to regulate the inspection of Tobacco in this State. Endorsed, read the second time and passed.

The Bill to amend an Act, intitled “an Act directing the Sale of Confiscated Property,” was read the first time, passed and sent to the Senate.

The Bill to repeal part of an Act intitled “an Act for the revising and collecting the Acts of the General Assembly of the State of North Carolina,” was read the first time, passed and sent to the Senate.

The Bill to prevent in future the diminution of the public revenue of this State by the neglect of the County Courts, was read the first time, passed and sent to the Senate.

Mr. E. Jones presented the Petition of Samuel Russell, which being read, was referred to the Committee of Propositions and Grievances & sent to the Senate.

Received from the Senate the Report of the Committee appointed to consider Mr. Iredell’s application to the Assembly respecting the Acts that have been repealed or disallowed by the King’s Proclamation, &c. Endorsed, read and Concurred with; which report being read was concurred with by this House and returned.

Received also a Resolution of the Senate directing the Treasurer to advance Two hundred and fifty pounds to James Iredell, Esquire, which being read was concurred with and returned.

-------------------- page 140 --------------------

The Bill to regulate the Inspection of Tobacco in this State was read the second time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree with you in the appointment of a Committee for preparing instructions to be observed by the Commissioner for Treating with the Indians and have appointed Mr. Jones, Mr. C. McDowall and Mr. Hill.

Received from the Senate a Bill to explain an Act directing the duty of Naval Officers, &c. Endorsed, read the first time and passed.

Received also, a Bill to enable John Crawford, late Sheriff of Anson County, to collect the arrearages of Taxes for the year 1779. Endorsed, read the third time and passed.

Received from the Senate the report of the Committee on Revenue; on the representation of Richard Blackledge, and on the accounts of Robert Rowan, Esquire, late Commissioner for purchasing Tobacco at Fayetteville; Concurred with by that House.

The Bill for the relief of persons who have suffered or may suffer by their grants, deeds and Mesne Conveyances not being proved and registered, within the time heretofore appointed by Law, and to grant a further time for registering certain Grants heretofore issued from Lord Granville’s office; and to direct transcripts of the records of Orange and Tyrrel Counties to be made; was read the third time, passed and ordered to be Engrossed.

The Bill to authorize and enable John Colson to return into this State and exercise the privileges therein mentioned, was read the third time, passed and sent to the Senate.

The Bill to enable John Crawford late Sheriff of Anson County to collect the arrearages of Taxes for the year 1779, was read the third time & Rejected.

Received from the Senate a Bill to enable and impower the Attorney-General to commence Suits in Law and Equity in all cases in which he shall have information that the Treasury hath been injured by pretended Creditors of persons whose Estates have been Confiscated, and also to institute actions for the recovery of Debts & property belonging to persons of the above description, &c. Endorsed, read the first time and passed.

Ordered that Mr. Jo. Douglass have leave to absent himself from the Services of this House after Thursday next.

-------------------- page 141 --------------------

Mr. Cumming moved for leave to withdraw for amendment the Bill to explain an act directing the duty of Naval officers and all Masters of Vessels, &c. Ordered that he have leave accordingly.

The Bill to enable and impower the Attorney General to commence Suits in Law and Equity in all cases in which he shall have information that the Treasury hath been injured by pretended Creditors of Persons whose Estates have been Confiscated, and also to institute actions for the recovery of debts and property belonging to persons of the above description; and further to enable the said Attorney General to commence Suits in Law or Equity upon information against any Person or Persons holding public Monies for which they are accountable; was read the first time, passed and sent to the Senate.

Received from the Senate a resolution of that House, allowing General Griffith Rutherford until the first Monday in November next to close his accounts with the Public, which being read, was concurred with and returned.

Received from the Senate the Claim of Joseph Irwin. Endorsed, read and refered to the Committee on Pay Rolls; and the Petition of William Dent. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read, were referred as by the Senate and returned.

Received from the Senate the report of the Committee on the Petition of James Hunter, Esquire, late Sheriff of Guilford County. Endorsed, read and Concurred with; which report being read was concurred with by this House and returned.

Received from the Senate the report of the Committee on the Memorial of John Stewart. Endorsed, read & concurred with, which report being read was concurred with by this House and returned.

Resolved, That the Treasurer be required to lay (immediately) before the General Assembly a list of all the delinquents in public monies.

Mr. Cabarrus, from the Committee on Revenue, delivered in the following Report, to-wit:

The Sub-Committee on Public Revenue No. 2, appointed to examine into the State of the Treasury, Monies collected in 1788 with the application, produce of the Revenue and Taxes, nature and amount of the public Debt, estimate and Taxes for the year 1788, and the foreign debt and Interest, Report,

to have been in the hands of the Treasurer on the 1st day of Nov., 1787, agreeably to his accounts then rendered the sum of
That having examined into the State of the Treasury, there appears
-------------------- page 142 --------------------
£6,745
5
3
That he has collected and received from the said 1st November, 1787, to the 1st November, 1788, for account of arrearages the Sum of
54,131
18
8
And that he has collected and received from said 1st November, 1787, to 1st November, 1788, for account of Taxes for the year 1787
35,862
14
3
Amounting in the whole to
96,739
18
2
That he has paid the full amount of the Sum received for arrearages, including the balance on hand as aforesaid, amounting to
60,877
3
11
And out of the collection of Taxes for the year 1787, including the Sinking Fund burned by order of the present Assembly
27,555
10
9
Which amounts in the whole to
88,432
14
8
And which being deducted from the foregoing sums of Money on hand and received up to the 1st of the present month, leaves a balance in his hands due and owing to the State of in Money.
8,307
3
6
That he has collected and received in Certificates for accounts of arrearages from the 1st November, 1787, to the 1st of November, 1788, including
65,227
14
11
On hand the first mentioned day, the sum
110,557
5
7
In Continental Dollar Bills as aforesaid, 113,231 Dollars, equal in value to
56
12
2
In State Dollar Bills as aforesaid, 408,068 Dollars equal in value to
204
10
8
That he has collected and received of the Taxes for 1787 in Certificates
28,475
16
1
In Continental Dollar Bills 32,315 dollars, equal in value to
16
2
4
In State Dollars 169,476, equal to
84
14
4
Amounting in the whole to
£139,394
11
11
-------------------- page 143 --------------------
That he has paid out to sundries who, on final settlement of their accounts with the public, appeared to have balances in their favour, and which is included in the foregoing Debits, Certificates to amount of
90
12
8
To the Comptroller at different times, punched agreeably to resolve of Assembly, the sum of
110,751
13
8
To Ditto in Continental Dollar Bills 160,112 Dollars equal at 800 for 1 in Certificates, to
80
1
1
That there was burned by last Assembly at Tarborough, Subsequent to closing his Account to the 1st November, 1787, State Dollar Bills to amount of 431,919 Dollars, which at 800 for 1 is equal to
215
19
3
And that his commissions for collection of arrearages, pursuant to act of Assembly passed in December, 1787, which allows him 10 per cent. amounts to
221
16
9
Making in the whole
£111,360
3
5
Which being deducted from the foregoing amount of debits leaves a balance in his hands due and owing to the State of
28,034
8
6

In Certificates, in which it is to be observed is included the State and Continental Dollar Bills.

On the produce of the Revenue and Taxes, the Sub-Committee beg leave to observe, that as returns have not been made up and Compleated, of the Taxable property in the several Counties of this State for the year 1787 they have been under the necessity of having recourse to the returns of 1786, except as to the articles of Impost of water and British Tonnage, which are founded on the returns for 1787; from such materials they have formed the following estimate, vizt:

The Land Tax at 3s per 100 acres will produce nett, the Sum of
£17,099
16
00
Poll Tax
32,632
00
00
Town poperty
730
00
00
Tax on Stud Horses, Wheels of pleasure, Suits at Law, Deeds, &c., And Impost by Land. (Taxes in Aid of the Public Revenue)
3,800
00
00
-------------------- page 144 --------------------
Impost by water including British Tonnage, Calculated on returns made for the year 1787
17,165
10
8
Total
£71,427
4
8

The above estimate is formed on the return from fifty-one Counties only, there being no returns of either Revenue or Taxable property from the Counties of Washington, Greene, Sullivan, Davidson, Sumner or Hawkins; the County of Robeson being erected by act of Assembly subsequent to returns being made for the year 1786, is included in the above under the return of Bladen. The Sub-Committee beg leave to decline taking order on the Taxes of the Counties Westward of the Appalachian Mountains as they have no returns, documents or other papers before them, on which they could form an estimate with any degree of accuracy.

The Sub-Committee are of opinion that for the services of the year 1789 the sum £104,262 16 will be necessary to be raised for the following purposes, vizt:

For the Civil List
£86,370
00
00
Military Department
2,800
00
00
One years quota of principal & Interest of the foreign loans (being arrearages) agreeably to requisition of Congress of 2nd August, 1786
63,092
16
00
Requisition of Congress for holding Indian Treaties Contingencies, including Grants and Warrants unpaid
10,000
00
00
£104,262
16
00

From the foregoing statement the requisition of Congress for this State’s quota of principal and Interest of the foreign Loans, there appears a difference from the statement made to the General Assemblies in 1786 and 1787, although such statements must have been founded on the same requisition, which difference the Sub-Committee are of opinion must have arisen from the former Committee taking the requisition for Indents made at the same time, in lieu of the requisition for Specie. On the nature and amount of the public debt, the Sub-Committee have made some enquiries and find there is due to our own Citizens, on Certificates for liquidated debts for which this State alone is bound and liable, the sum of £807,946 6 1 exclusive of the Interest, as appears by the Comptrollers

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statement herewith presented; but on examining that statement they find that interest has been calculated on nearly all the Sums which have been paid in and added to the principal, whereby both principal and Interest have been deducted, when principal only hath been charged, therefore the said statement must be erroneous; to remedy which, and to enable the future Legislatures to decide with some degree of accuracy on the amount of the Certificate debt of this State, and to take the necessary measures for sinking the same, the Sub-Committee recommend that the Comptroller be directed to make out and lay before the General Assembly at their next meeting, an Account of the Certificates issued to individuals by Auditors, Commissioners, &c., which shall include the whole amount of such issues, from the commencement thereof until the time of his making up such accounts, and of all the Certificates by him received or which have been paid into his office, distinguishing in separate Columns the Principal and Interest so paid in, where the same shall be practicable, whereby a more accurate knowledge of the Certificated debt may be had than at present appears practicable. In the mean time the Sub-Committee suggest that there must be at least £1,000,000 Certificates in Circulation, the Annual Interest on which will amount to £60,000, which last Sum by the present Tax in Certificates is not annually Sunk or called in, there being but £50,461 14 annually collected, as appears by the returns before the Sub-Committee on which they have formed the estimate for the current year; they therefore recommend that for the year 1788 a tax be levied, and collected in Certificates, of four shillings on every hundred Acres of Land, Twelve Shillings on each Taxable Poll and Twelve Shillings on every hundred pounds value of Town property, this will produce the nett Sum of £67,282 5 4.

Which with the Sums to be collected from the Land office and Sales of Confiscated property will, they trust, not only sink the amount of the annual Interest but lessen in a small degree the principal, and by being persisted in will in a few years enable the State to do Justice to her Citizens by redeeming all the Securities now in their hands.

On the foreign debt and interest the Sub-Committee have observed that there is due by this State in Specie, for Interest and Instalments of the principal of the foreign loans of the United States agreeably

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to requisitions of Congress of the 30th October, 1781, 27th and 28th April, 1784, 27th September, 1785, and 2nd August, 1786, (after deducting 28,486 78-90 Dollars paid by the Sales of Tobacco to Constable, Rucker & Co.,) the sum of 435,419 60-90 1-8 dollars, equal in North Carolina Currency to £174,167 17 5, which the Sub-Committee have recommended to be provided for in part, by annexing the requisition of the 2nd August, 1786, vizt: £63,092 16 00 to the Sum of their estimates of Money necessary to be raised for the services of the year 1789, and which is also in part provided for by the Law for purchasing Tobacco.

On the quota of this State, of the Interest of the Domestick Debt of the United States, and the balance due for the advances to this State in old and new emissions of Continental money, by the United States, the Sub-Committee have made the following statement: From a schedule of the requisitions of Congress on the Several States, of the 10th September, 1782, 30th October, 1782, 27th and 28th April, 1784, 27th September, 1785, 2nd August, 1786, and 11th October, 1787, there appears to be due and owing from the State of North Carolina in Indents for Interest on Certificates of the liquidated debt of the United States, the Sum of 552,174 86-90 2-8 Dollars, and on the requisition of the 20th August, 1788, the further sum of 122,564 54-90 Dollars, making in the whole 674,739 50-90 2-8 Dollars, equal in North Carolina currency to £269,895 16 5½. And from an abstract of Monies advanced in old emissions, new emissions and in Specie to the Individual States, there appears to have been advanced to North Carolina in old emissions 2,980,959 8-90 Dollars and in new emissions 7,400 Dollars, equal in the whole in Specie to 788,032 9-90 Dollars, and that the State has credit in said abstract for 52,040 Dollars in old emissions, equal in Specie to 1,400 16-90 ⅜ Dollars, which taken from the foregoing debit leaves a balance due of 786,631 88-90 ⅝ Dollars, equal in North Carolina Currency to £314,652 15 10¼ and which being added to the foregoing Sum due in Indents makes an apparent balance against the State of North Carolina of £584,548 12 3¾ due and owing to the United States for Indents and advances as aforesaid; On which the Sub-Committee beg leave to remark, That as the requisitions of Congress are expressly declared to be for payment of the Interest on the domestic debt, and are permitted to be paid in Indents for Interest on Certificates of the Liquidated debt of the United States,

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and as the State of North Carolina has assumed to her Citizens the payment of claims for supplies and services rendered the United States of the same nature with those assumed in other States by the Congress of the United States for the Interest on which the said requisitions are made, the Sub-Committee are of opinion the said requisitions ought not to be complied with at present, trusting that when the accounts and claims of this State against the United States shall be finally adjusted interest will be allowed thereon from the respective dates of the several Items in the accounts of such claims, and that such Interest so allowed will fully balance the account of requisitions for Interest as aforesaid, in consequence of which they have taken no order in the estimate of the current year for raising either money or Indents for that purpose. Upon the same principle the Sub-Committee have suggested no measures as necessary to be taken for the payment of the balance due on advances in Continental Money as aforesaid, in full confidence that when the Claims of this State against the United States be established and finally adjusted the advances to and for the use of the Southern Armies and their dependencies, for account of the United States, will be found adequate to the discharge of such balance as aforesaid.

All which is submitted.

M. HUNT, Ch’n.

The Committee on Public Revenue taking the foregoing report into consideration Concurred therewith, and ordered that the same be reported to the House.

S. CABARRUS, Ch’n.

The House taking this report into Consideration concurred therewith.

Mr. Cabarrus, from the Committee on Revenue, delivered in the following Report, to-wit:

The Sub-Committee to whom was referred the Letter from the Vice-Consul of France on the subject of the Debt due from the State to the Government of Martinique, Report,

That the Marquis De Britigney hath drawn from the Treasury the Sum of £2,365 supposed to have been adequate to the discharge of the above demand, that in May Session 1784, a Committee of the General Assembly reported that the Comptroller Collected from the said Marquis De Britigney the Sum advanced to him on account of the aforesaid demand.

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The Sub-Committee likewise report that in 1784 John Gray & Thomas Blount drew from the Treasury the Sum of Eleven hundred pounds for the purpose of remitting for the said demand, and in the year 1786 the further Sum of Thirteen Hundred pounds was drawn from the Treasury by them, making in the whole two Thousand four hundred pounds for the purpose aforesiad. The Sub-Committee observe that by the Statement of the account exhibited by the Vice-Consul of France, the said John Gray & Thomas Blount in April and July, 1786, paid into the hands of the French Agent at New York the Sum of One Hundred & Seventy pounds Seventeen Shillings and Eight pence and in May, 1787, they paid to the Agent of France in Philadelphia the further Sum of Ninety-three pounds Seven Shillings and Nine pence, making in the whole two hundred and Sixty four pounds five Shillings and five pence, which Sum being deducted from the amount of articles supplied the State by the Government of Martinique leaves a balance of 4,826 63-90 Dollars.

The Committee recommend that His Excellency the Governor, by and with the advice and consent of the Council of State, dispose of so much of the Public Tobacco for hard money or bills of exchange on Philadelphia, New York or Martinique as will discharge the said Balance.

The Committee also point out the necessity of the Comptroller’s reporting to the Treasurer the balance due from the Marquis De Britigney on account of the Sum of Money advanced to him for the purpose of paying the above debt, and that the Treasurer commence Suit immediately for the same.

The Committee further recommend that the Treasurer request Messrs. John Gray and Thomas Blount to make an immediate settlement and pay up the balance, with interest, remaining in their hands on account of the Sum advanced them for the above purpose, and that on failure therein he institute a suit for the recovery thereof and make report thereof to the next General Assembly.

Which is submitted.

WHIT’LL HILL. Ch’n.

In Committee on Public Revenue, December 2nd, 1788. Read and concurred with, and ordered to be reported to the House.

S. CABARRUS, Ch’n.

The House taking this report into Consideration concurred therewith.

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Mr. Maclaine, from the Committee to whom was referred the Memorial of Jane Simpson, delivered in the following Report, to-wit:

The Committee to whom was referred the Memorial of Jane Simpson, praying that she may have allowance out of that part of the estate of Thomas Rutherford, her former husband, which was sold by the Commissioner appointed to sell Confiscated property in lieu of a part of the same, which was granted her by the County Court of Cumberland agreeable to an Act of the General Assembly, &c.

Your Committee upon examining the papers relative to the estate of Thomas Rutherford, and comparing them with the Acts of General Assembly, do find that the estate of said Rutherford was confiscated by an Act passed at New Bern 1779, which sets forth that persons who had absented themselves from this State since the commencement of the War, and do not return and shew cause to the next General Assembly why this act should not take effect, their estates should be confiscated and applied for the benefit of this State. It appears to your Committee that the said Rutherford had absented himself before the passing of this act and never returned to shew reason why it should not be in force, and that his Brother, John Rutherford, in his absence without any order or authority from the said Thomas Rutherford sold the same and removed the Monies arising therefrom, together with the Bonds and Book acco’ts relative to the same, to the great damage of the Creditors of said Thomas Rutherford, and to the injury of the State.

Your Committee are of opinion that a Suit or Suits ought to be commenced in the name of the State for the recovery and legal appropriation of the same.

It further appears that Mrs. Simpson, formerly Mrs. Rutherford, upon her return to this State after the death of said Thomas Rutherford, found some few articles of said Estate, which upon application to the Court, they thought proper to allow her for subsistence, and granted her an order for the same, all which hath since been sold by the Sheriff, as appears by his Inventory of Sale and the affidavit of Mrs. Simpson, for the benefit of the Creditors of the said Estate, and ample satisfaction not yet made.

And whereas, it appears that two small Tracts of Land in this

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County belonging to Thomas Rutherford’s Estate have been sold by the Commissioner of Confiscated property, Your Committee are of opinion that the Sum for which they were sold should be reimbursed in Compensatio for the Subsistance granted her by Court, and to enable her more fully to satisfy the demand against said Estate.

As to that part of the prayer of the Memorialist which relates to the Audited Certificates, your Committee are of opinion that it cannot be allowed, as the Certificates may be in circulation. It also appears probable to your Committee that there are a great many Tracts of Land in this State belonging to the Estate of said Rutherford, which by reason of the Grants being removed are now unknown, it is therefore their opinion that the Secretary of State be directed to make a return of all the Grants issued in favour of said Rutherford to the next General Assembly.

All which is submitted.

WM. MACLAINE, Ch’n.

The House taking this report into Consideration concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

The Commons have thought it more expedient to the Interest & safety of the State that two Agents, instead of one, be appointed to superintend the settlement of the accounts of this State with the United States, that it shall be more particularly the business of one to solicit in behalf of the State, and the other to state and arrange the accot’s, and propose that they be balloted for To-morrow at four O’clock in the Evening.

We also propose at the same time to ballot for Field Officers for the Regiment of Cavalry in the District of Washington.

We nominate for Agents, Hugh Williamson, Benjamin Hawkins and Abishai Thomas, Esquires. For Colo. of Cavalry, Thomas King and Valentine Sevier. For First Major, John Hunter and Francis Alexander Ramsey For Second Major, John Miller.

The House adjourned until To-morrow Morning 9 o’clock.


Wednesday, 3rd December, 1788.

The House met according to adjournment.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report, to-wit:

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The Committee to whom the Petition of James Witherspoon, Jun., praying an allowance for a Rifle Gun and other Articles taken from him by the British in the late War, was referred, Report,

That as no allowance heretofore has been made for damages done by the British Army in the late War, nor any law now in force admiting such claims, your Committee beg leave to recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Commitee to whom the Petition of Nathan King, respecting the appointment of the Colo. of the Cumberland Regiment of Militia at the last Assembly as being injurious to his grade as a Field Officer in said Regiment, was referred, Report,

That an examination of the Militia Law passed at Fayetteville in the year 1786, they observe that the appointment of Field Officers is particularly directed to be made by joint Ballot of both Houses of the General Assembly, and as the present Colo. of the said Regiment was legally appointed at the last Assembly, the Commitee conceive the promotion of the said King would be injurious and destructive of the appointments already taken place and Sanctioned by Law, they therefore beg leave to recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this Report into Consideration concurred therewith.

Mr. Person from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee, to whom the Petition of Neil Ray praying an allowance to be made him for damages sustained in the late war by the Militia of this State, was referred, Report:

That it is the opinion of the Committee the Comptroller is the proper officer to liquidate and adjust all such claims, wherefore they recommend that the said Petition be rejected.

Which is submited.

THOMAS PERSON, Ch’n.
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The House taking this report into Consideration concurred therewith.

Mr. Person, from the Committee to whom the Petition of James Ransome, Young McLemore and James Johnston praying an allowance to be made for Horses sold to Robert Burton for the use of the Southern Army under a resolution of the General Assembly, was referred, Report,

That the said James Ransome, Young McLemore, and James Johnston have already received certificates for the Horses so sold, and as your Committee think no distinction ought to be made in the supplies granted by the Citizens they therefore beg leave to recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee to whom the Memorial of John Ellis of Bladen County, was referred, Report,

That at a Sale of Public Property in said County the said Ellis purchased a Steer, which afterwards was proved to be the property of a certain John Council, and paid the sum of fifteen pounds and Ten Shillings in Specie Certificates as appears by the receipt of the Sheriff of said County.

Your Committee are of opinion that he be allowed the aforesaid Sum and recommend the following resolution:

Resolved, That the Comptroller be and he is hereby directed to issue to the said John Ellis a Certificate to be of equal value of Specie Certificates for the aforesaid amount.

Which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

Received from the Senate a Bill to amend an Act intitled “an Act for the promotion of learning in the district of Wilmington.”

Endorsed, read the second time and passed.

Received from the Senate the Report of the Committee on the

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representation of Timothy Bloodworth, late Treasurer of Wilmington District. Endorsed, read and Concurred with. This report being read was concurred with and returned.

Received also a Resolution of the Senate directing the Clerk thereof to deliver Mr. Bloodworth a certain Certificate therein alluded to; which being read, was concurred with & returned.

Resolved, That the allowance to the Members of this Assembly be Twenty Shillings per day during their attendance, and the like sum for every thirty Miles travelling to and returning from the same, and that the Clerks proceed to make up the estimate to Saturday next inclusive.

Received from the Senate a Letter from Benjamin Hawkins, Esquire, addressed to the General Assembly. Endorsed, read and referred to the Committee on Revenue. This letter being read was referred as by the Senate and returned.

Ordered that Mr. M. King have leave to absent himself from the service of this House after Friday, and Mr. Branch and Mr. J. Jones after To-morrow.

The Bill to amend an Act entitled “an Act for the promotion of learning in the district of Wilmington,” was read the third time, passed and sent to the Senate.

Received from the Senate the Petition of Samuel Russell, and the Petition of John Humphries. Endorsed, read and referred as by the House of Commons.

Received from the Senate a Bill to establish a Company for opening the navigation of the Catawba River. Endorsed, read the second time and passed.

Resolved, That any seven of the Members on the Committee to whom was referred the Western payrolls, be considered a quorum to proceed on business.

Received from the Senate a Resolution of that House recommending to the people of this State to authorize and direct their representatives to be elected for the purpose of deliberating on the Federal Constitution, &c., to take under their consideration the Second and third Articles of the Constitution, which being read was rejected.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree to ballot at the time mentioned in your Message for two Persons to attend the business of settling the accounts of this State

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with the United States. We also agree to ballot for officers of Cavalry for the District of Washington and approve of the nomination by you made, Valentine Sevier excepted, it not appearing to this House that he has availed himself of the Act of Pardon and oblivion of the last Session of Assembly.

We have added to the Nomination for Colo. of Cavalry, Mr. Landon Carter and Mr. William Cocke.

The Bill to establish a Company for opening the navigation of the Catawba River, was read the Second time, passed and sent to the Senate.

Received from the Senate the Petition of William Graham. Endorsed, read and referred to Mr. Graham, Mr. Macon, Mr. Singleton & Mr. Hunt; which being read, was referred on the part of this House, to Mr. S. Allen, Mr. Caldwell, Mr. Porter and Mr. Maclaine and returned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose balloting for a Colo. of Cavalry for Hillsborough District at the same time the other officers are to be balloted for, and nominate Colo. Alexander Mebane.

Mr. Person, offered the following resolution to the House, to-wit:

Whereas, it is represented to this present General Assembly, that some of the Justices of the Peace in this State have heretofore received Inventories of property subject to Taxation, without Administering an Oath as the law requires.

Resolved, That it be recommended to the Attorney General of this State, upon information to him made of the like offence being hereafter committed by any Justice of the Peace within this State, to prosecute such offender without delay.

The question “will the House enter into this resolution or not,” being put was Negatived; whereupo, the Yeas and Nays were required by Mr. Person, which are as follows:

Yeas—Messrs. Creecy, Graves, Hardiman, Killebrew, Gowdy, Hamilton, Maclaine, Slade, Phifer, Jo. Douglass, Bonds, Bethell, Brown (of Wilkes), E. Jones, Person, May, Carson.—17.

Nays—Messrs. J. Brown (Bladen,), Pugh, Cains, McDowall, Jun., Cabarrus, Fulford, Groves, P. Dauge, McKay, B. Douglass, Robeson, J. Hill, Mitchell, J. Jones, W. Ward, Mebane, Grant, Skinner, Harvey, Moye, S. Allen, Wood, Bell, Caldwell, Porter, Philips, Barnes,

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N. Brown, Clendenning, Blair, Herndon, Hinton, Tatom, Steele, Lindley, Lassiter, Martin, Lennard, Lenoir, J. P. Williams, Devane, Holmes, Mears, Maxwell, T. King, Harden, Outlaw, Cocke.—48.

Mr. Cabarrus, from the Committee on Revenue, delivered in the following Report, to-wit:

The Sub-Committee No. 3, appointed to examine the accounts of Commissioners of Confiscated Property, &c., Report,

That the amount of the sales of Confiscated property in the district of New Bern is £14,294, and that James Armstrong, the Commissioner, at two payments, vizt: May 22nd & Dec. 20th, in the year 1786, paid the whole sum above mentioned into the Comptroller’s office.

That the sales of Confiscated property in the District of Halifax amounts to £24,903. And that Nicholas Long, the Commissioner, at two payments, Vizt: July 17th & December 21st, 1786, paid the sum aforesaid into the Comptroller’s office.

That the sales of confiscated property in the District of Salisbury amount to £33,316 00 6, and that Charles Bruce, the Commissioner, paid £15,414 4 7 into the Comptroller’s office on the 11th Day of December, 1786, which being deducted leaves a balance due to the State of £17,901 15 11.

That the sales of Confiscated property in the District of Edenton amount to £42,916 4, and that Hardy Murfree, the Commissioner, paid £30,583 14 9 into the Comptroller’s office on the 11th day of October, 1786, which being deducted leaves a balance due to the State of £12,332 9 3.

That Archibald Lytle, Commissioner for the District of Hillsborough, sold to the amount of £38,714 18 4 and paid £19,701 19 5 Nov. 23rd, 1786, which being deducted leaves a balance due to the State of £19,012 18 11, exclusive of the amount of the sale No. 19, in Randolph County, which said Lytle omitted to debit himself with, and the amount of which is unknown to your Committee.

And the sales of Confiscated property in the District of Wilmington amount to £46,607 9, And that Griffith John McRee, at two payments, vizt: Nov. 29th and December 11th, 1786, paid into the Comptroller’s office £20,141 7 2, which being deducted leaves a balance of £26,466 1 10 due to the State.

The amount of all the balances is as follows:

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In the hands of Chas. Bruce, Salisbury
£17,901
15
11
Of Hardy Murfree, Edenton
12,332
9
3
Of Arch. Lytle, Hillsborough
19,012
18
11
Of Griffith J. McRee, Wilmington
26,466
1
10
£75,713
5
11

It appears from the Report of Arch. Lytle, Commissioner for the District of Hillsborough, that Bonds, reciprocal, have passed between H. E. McCullock, or his Agents, and the Citizens of this State, in said District, the former to make titles to, the latter to pay for, Lands which are subject to Confiscation. The same case occurs in Mecklenburg County, (Salisbury District), as appears by the Petition of Sundry Inhabitants of Mecklenburg County.

Your Committee are of opinion that the State ought to comply with the Contracts made by H. E. McCullock or his Agents, and also with similar contracts made by any other person, under the like circumstances. They therefore recommend that such purchasers shall have grants for the said Land on payment of the Money due, with a deduction of Interest for Six Years, as the Law directs in other cases.

The Commissioners for Hillsborough and Wilmington Districts represent that there are other Confiscated Lands, distinct from those above described, which hitherto, they have not been able to sell, either for want of Surveys or by reason of disputes respecting the Titles, and recommend an amendment of the Law which relates to this subject, and your Committee coincide with them in opinion.

The Commissioner for the District of Edenton States in his Letter to the Governor, that he has commenced Suits against Sundry purchasers of Confiscated property, and that the Judges have hitherto postponed the tryal of said Suits, by which means the Commissioner is prevented from making a final settlement with the public, and therefore cannot draw his Commissions on any part of them.

Your Committee are of opinion that the said Commissioner, and the other Commissioners under like Circumstances, ought to have a Specie Certificate for their Commissions on the payments made by them into the Comptroller’s office, and recommend that the General Assembly pass a Resolution to that Effect.

Submitted.

WILLIE JONES.

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The foregoing report being read by the Committee on Public Revenue, was ordered to be reported to the House.

S. CABARRUS, Ch’n.

The House taking this report into Consideration Concurred therewith.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree to ballot for a Colonel of Cavalry for the district of Hillsborough, and add to the nomination Mr. William Hunt.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Harvey and Mr. Mitchell to superinted the balloting heretofore agreed upon & propose that the whole of the Persons to be balloted for having the greatest number of Votes shall be declared duly Elected, tho’ they may fall short of having a Majority of Votes.

Received from the Senate the following rsolutions of this House concurred with, to-wit:

Directing the Treasurer immediately to lay before the General Assembly a list of delinquents;

Directing Seven Members of the Committee on payrolls to proceed on business;

Declaring the Members of the present General Assembly shall receive Twenty Shillings per Day for attendance, and the like Sum for every Thirty Miles Travelling to & from this Session.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We are also ready to proceed on the balloting, and have appointed Mr. Overton and Mr. McCawley to Superintend the same on behalf of this House. We agree that the persons having the greatest number of Votes for the several appointments be declared duly Elected.

Received from the Senate a Bill for levying a Tax for the support of Government, and for the redemption of the old paper Currency, Continental Money, and Specie and other Certificates, and for sinking the State Currency. Endorsed, read the Second time, amended and passed.

Ordered that this Bill be read the Second time To-morrow.

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Received from the Senate the Report of the Committee on Public Revenue, on the State of the Treasury, Monies collected in 1788 with the application, &c., and on the Martinique Demand, and the report of the Commitee on the Memorial of Jane Simpson. Endorsed, read and Concurred with.

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

The Committee, to whom the Petition of Chirstopher Reddick was referred, report,

That by a Certificate from the Surveyor of the County of Gates it appears, that an entry made by Mary Reddick in said County for one Thousand Acres of Land, by admeasurement contained only Seven Hundred and Fifty-Six, whereby the said Mary or her assignee became, under the law passed at ——— 178—, intitled to the Sum of Twenty-four pounds eight shillings as over paid for the said entry, your Committee therefore recommend the following resolution,

Resolved, That the present entry taker of Gates County pay to the said Mary Reddick or assignee, the aforesaid Sum of Twenty-four Pounds eight Shillings in Certificates, out of such as he may have received for Land entered, and be allowed for the same in his settlement with the Treasurer.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking the foregoing report into consideration Concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report, to-wit:

The Committee to whom the Petition of Robert Alexander, Commissioner of the Specific provision tax for Lincoln County, was referred, Report,

That it appears by a statement of the Comptroller’s, that the said Alexander received from Benjamin Hawkins, Commissioner of Trade, one hundred Bushels of Salt, Sixty Eight of which he produced proper vouchers for in his office, the remaining thirty-two bushels Mr. Alexander made appear by his Oath he had fully accounted for with the Auditor of Morgan District. Your Committee therefore beg leave to recommend the following resolution,

-------------------- page 159 --------------------

Resolved, That the Comptnoller be and he is hereby directed to balance the account of the said Robert Alexander so far as relates to the said Salt.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report, to-wit:

The Committee to whom the Petition of Sundry the Inhabitants of Pasquotank County on behalf of a certain David Davis was referred, report,

That the said Davis became bound in recognizance in the Sum of Ninety pounds, and his Securities in the Sum of forty-five pounds each, for his, the said Davis’s, good behavior, That by provocation and Insulting language, He was induced to break the Peace and the Recognizances thereby became forfeited.

Your Committee on examining the said Petition signed by so many of the respectable Citizens of the said County, and being further informed by Colonel Harvey and several other members of the Assembly, that the said infraction of the Peace arose purely from the sudden gust of passion and not from the general tenor or cast of the mind of the said Davis, are induced to believe the said forfeitures ought to be remitted, and this belief is more especially founded on the further information the Committee have received that the County Court of Pasquotank were induced to suspend the issuing of the Execution until this Assembly, in order that the said Davis might be released from the forfeiture aforesaid; they therefore beg leave to recommend the following resolution,

Resolved, That David Davis, together with his Securities, be released from the pains and penalties of the aforesaid forfeitures, and that the County Court of Pasquotank take order accordingly. All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration concurred therewith:

The House adjourned until To-morrow Morning 9 O’clock.

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Thursday, 4 December, 1788.

The House met according to adjournment.

Mr. Harvey, from the joint balloting for two Agents to Superintend the Settlement of the accounts of this State, &c., Military officers for the District of Washington and a Colo. of Cavalry for the District of Hillsborough,

Reported, That Hugh Williamson and Abishai Thomas, Esquires, were appointed Agents.

Thomas King, Colonel of Cavalry for Washington District; Landon Carter, First Major, and Francis Alexander Ramsey Second Major; Alexander Mebane, Esquire, Colonel of Cavalry in the District of Hillsborough.

The House taking this report into Consideration concurred therewith.

On reading the Tax Bill an amendment was proposed to be made therein by Mr. McDowall, by striking out the word three and inserting in the place thereof the word four which related to the Tax to be paid in Certificates on each hundred acres of Land; this being objected to, the question was put and carried in the affirmative; whereupon, the Yeas and Nays were required by Mr. Person, which are as follows, to-wit:

Yeas—Messrs. J. Brown (Bladen), Horn, Pugh, Cains, McDowall, McDowall, Jun., J. Allen, Cabarrus, Creecy, Tho. Pool Williams, G. Dauge, P. Dauge, Sawyer, McKay, J. Hill, Harris, Grove, J. Jones, Baker, W. Ward, J. Bryan, Maclaine, Ussory, Phifer, Grant, D. Davis, Skinner, Harvey, Moye, S. Allen, Caldwell, Barnes, N. Brown, Hawkins, Montfort, Hinton, Sanders, Branch, Cumming, Steele, Lindley, Lassiter, Lennard, Carson, H. Hill, Maxwell, Har, din, Cocke, Outlaw, E. Jones, Yates.—51.

Nays—Messrs. Fulford, B. Douglass, Grove, Anderson, Jo. Stewart, Roberson, Hardiman, Killebrew, Mitchell, Hamilton, Gowdy, Moore, Slade, Tindall, Bonds, Mebane, Wood, Bell, Porter, Walton, Clendenning, Spruill, Jas. Stewart, Blair, Brown (Wilkes), Herndon, Person, Holmes, Martin, Lanier, May, Withrow, J. P. Williams, Mears, T. King.—35.

Received from the Senate a Bill to punish persons guilty of Adultery, Incest and Polygamy, and a Bill directing a method to be observed by the County Courts in laying and appropriating County Taxes and appointing the County officers therein mentioned, and

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to impower the County Courts of Moore to levy a Tax, &c. Endorsed, read the first time and passed.

The Bill for levying a Tax for the support of Government, and for the redemption of the old paper Currency, Continental Money, and Specie and other Certificates, and for sinking the State Currency, was read the Second time, amended passed and sent to the Senate.

Mr. Cabarrus, from the Committee on Revenue, delivered in the following Report, to-wit:

The Sub-Committee on Revenue No. 5, consisting of Mr. Cumming, Mr. Lindley, Mr. Person and Mr. Gallaway appointed to resolution, as appears by a copy of such list of balances made out and Report,

That by a resolution of the last General Assembly the Comptroller was directed annually to make out and deliver to the Treasurer a list of balances due on his Books from Individuals to the State, on which the Treasurer was directed to institute Suits for the recovery of such balances, and that the Comptroller has complied with such resolution, as appears by a copy of such list of balances made out and furnished to the Treasurer as aforesaid, which Copy is herewith presented.

The Sub-Committee are of opinion that the resolution aforesaid was founded in good policy, and has produced good effect, as the list and amount of balances for the present year appears to be considerably diminished when compared with that of the last; they therefore recommend that the said resolution be continued in full force, and that where Suits have been or shall be instituted by the Treasurer for recovering as aforesaid, for an Article or Articles the price or prices of which is not ascertained in said list, then, and in that Case, the Juries who shall sit on trial of such Suits, shall from the best information they can obtain ascertain and fix the price or prices of such Article or Articles as aforesaid, and give their Verdict accordingly.

All which is submitted.

JAMES GALLAWAY, Ch’n.

The Committee on Revenue taking the foregoing report into consideration

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concurred therewith, and ordered it to be reported to the House.

S. CABARRUS, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. Person, from the Committee to whom was referred the Petition of Colo. Joseph Leech, delivered in a Report; which being read, was laid over until the next Assembly.

Whereas, the report of the Committee on the accounts of Colo. Joseph Leech is laid over until the next Assembly for further information and Satisfaction, and it appearing that Colo. Leech is much distressed by not having his accounts settled and himself thereby enabled to receive the balance due him, therefore,

Resolved, That the Treasurer be, and he is hereby authorized and required to advance to Colo. Joseph Leech, one month after date, the Sum of one Thousand pounds, taking his Bond for the same, for which Colo. Leech shall be accountable to the public.

Received from the Senate a Bill to amend an Act intitled “an Act directing the sale of Confiscated property.” Endorsed, read the second time and passed.

Mr. Lanier presented the resignation of Jesse Gilbert a Justice of the Peace for Anson County, which being read, was accepted by this House and sent to the Senate.

Mr. Cumming, who had leave to withdraw for amendment the Bill to explain an Act directing the duty of Naval officers and all Masters of Vessels coming into any of the Ports or Inlets of this State, delivered in at the Clerk’s Table the Bill, with the amendments; which was read the second time, the amendments inserted therein, passed and sent to the Senate.

Received from the Senate a resolution of that House directing the Clerks of the Assembly to furnish His Excellency the Governor, with the Copies, &c., therein referred to; which being read, was Concurred with and returned.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received a resolution of your House in favour of Joseph Leech, Esq., with which we will concur, provided you will agree to insert the words “at the expiration of one month after date” immediately

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following the name of Joseph Leech in the Eleventh line thereof.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have made the Resolution of this House in favour of Colo. Leech conformable to your proposition & now send it for Concurrence.

Received from the Senate the Report of the Committee appointed to prepare Instructions for the Commissioner appointed to hold a Treaty with the Indians, &c. Endorsed, read and concurred with; which report being read was Concurred with by this House and returned.

Whereas, the Counties of Cumberland, Sampson, Robeson and Moore, formerly of Wilmington District, and the County of Richmond formerly of Salisbury District, were and are now erected into a District by the name of Fayetteville District, therefore,

Resolved, That the Public Printers of this State, be and they are hereby directed and required to deliver to the Clerk of the Superior Court of Fayetteville District, all the Laws and Journals of each Session which were heretofore allotted for the several counties herein before mentioned.

And whereas, it is found expedient that at least two of the Commissioners for building the District Gaol at Fayetteville, should reside in the Town for the purpose & convenience of Superintending the building,

Resolved therefore, That Robert Adam and William B. Grove, be and they are hereby added to & appointed Commissioners for Contracting & building the Gaol, to act in conjunction with the Commissioners already appointed.

Received from the Senate a Bill to regulate the Inspection of Tobacco in this State, and to repeal part of the said Act. Endorsed, read the third time and passed.

The Bill to amend an Act intitled “an Act directing the Sale of Confiscated property,” was read the Second time, amended and laid over until the next Assembly.

Received from the Senate a resolution of that House directing the Clerk of Perquimans County Court to grant a permit to James Forster to vend goods as a peddler, which being read, was Concurred with and returned.

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

The Bill to punish persons guilty of Adultery, Incest and Polygamy, was read the Second time, passed and sent to the Senate.

The Bill directing the method to be observed by the County Courts in levying and appointing the County officers therein mentioned, and to impower the County Court of Moore to levy a Tax on the Inhabitants thereof to repair the Court House, prison and Stocks in said County, was read the first time & laid over until the next Assembly.

Received from the Senate a Resolution of that House directing the Commissioner of Confiscated property for the District of Salisbury to forbear to collect the Money arising from the Sale of certain Lands therein mentioned, until the end of the next Assembly; which being read, was Concurred with and returned.

Received, also, a resolution directing the Treasurer to forbear commencing Suit on any Bond given for Confiscated property purchased in the year 1782, until the end of Eight Months; which being read, was Concurred with and returned.

Received from the Public Treasurer the following representation,

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

Gentlemen:

Pursuant to Act of Assembly I lay before you herewith, for publication, accounts of the receipts and expenditures in my office from the first day of November, 1787, to the first day of November, 1788. The General Assembly will observe that the accounts are so stated, as to include in the one, all Sums paid on account of arrearages, to-wit: for Monies due previous to the first day of January, 1788, (from which time forward the Comptroller’s charges the Treasurer with the Public Taxes, &c.), and in the other, all sums paid on account of the taxes of the year 1787. In the account of arrearages the amount of the debits or disbursements exceeds that of the receipts, which is occasioned by too great a number of warrants having been accidentally charged in the Books on which that account is founded, the balance is therefore carried forward and placed to my credit in the account current of the Taxes of the year 1787; that account will show, at one view, the amount of the Money and Certificates which were in my hands on the first day of November last and remain yet to be accounted for. After the account of arrearages is added a list of the

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Balances due from the several Sheriffs in this State for the years 1784, 1785 and 1786. The want of proper returns prevented the Comptroller from making report to me of the Sums due from the Several Sheriffs on account of the Taxes of 1787, and his failure in this particular renders it impracticable for me to ascertain the balances due from those Sheriffs, a number of whom have settled up fully and finally, others in part only, and some have failed altogether; by the next Assembly, however, I hope to be able to give a better account of them.

The accounts of the Collectors of Impost stand Stated on my books up to the 31st day of December last, inclusive, except that of the Collector of Port Bath, which has been rendered only to the 25th of September, 1787. On those accounts the balances appear as follows, to-wit: against the Collector of Port Currituck the Sum of Eleven Hundred and Forty-five pounds three Shillings and eleven pence. £1,145 3 11.

Against the Collector of Port Roanoke, the Sum of Three Thousand eight hundred and sixty-four pounds seven shillings. £3,864 7.

In favour of the Collector of Port Bath the Sum of one pound eighteen Shillings and four pence one farthing. £1 18 4 ¼.

Against the Collector of Port Beaufort the Sum of two thousand four hundred & fifty eight pounds fourteen Shillings & Ten pence one farthing. £2,458 14 10 ¼.

(Error in this balance, see the last Entry on the Journal, for the right sum.)

Against the Collector of Port Brunswick the Sum of Three Thousand and Ninety pounds nineteen Shillings and three farthings. £3,090 19 0 ¾.

And against John McCullock Collector of Port Brunswick, as by the Comptroller’s Report on his account rendered up to the 29th July, 1788, the Sum of Fifty-two pounds ten Shillings and two pence. £52 10 2.

The Collectors generally have, I believe, rendered their accounts for part of the year 1788 to the Comptroller, but they have not been reported on account of the doubts which prevailed as to their Commission on drawbacks and reshipments, which I have already, in the course of the present Session, attempted to explain to the General Assembly. The balances against the Collectors appear large, but it is to be remembered they must at all times be in arrear on account

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of the credit which the Law compels them to give the Merchant.

JOHN HAYWOOD, Pub. Treasurer.

Mr. Steele moved for leave and entered a protest against the report of the Committee on the Confiscated Land yet unsold, in the following words:

Dissentient.

Because, H. E. McCullock being a real British subject is intitled under the Treaty of Peace to collect his debts in Sterling Money.

Because, If it is necessary for North Carolina to receive these debts, it should be done in Gold and Silver agreeably to the original Contract entered into between the said H. E. McCullock and the Grantees, striking off Six years Interest as in other Cases, by which precaution the State cannot be injured should the Superintendant Govt. hereafter direct such money to be reimbursed.

Because, It is unjust and impolitic to receive paper Money for these debts tending only to promote the Interest of a few Individuals, which must hereafter be paid in Gold and Silver collected by General Tax.

Because, It was proposed to amend the report in the following manner: That Deeds should be made by the State in all cases where it might be made appear to the satisfaction of the General Assembly that reciprocal Bonds had passed between the Citizens of this State and the British subjects, the Grantees previously entering into Bond (with a mortgage on the Land as Security) conditioned to pay the full Sum with interest (except Six years) in gold and silver to the Governor, or any other person hereafter legally authorized to receive it, agreeably to his, or their original Contract.

Because, The same or a similar question was negatived in the last session at Tarborough, by a very full House, and therefore ought not to have been decided so hastily, at so late a period of the present session, after a great number of the Members had obtained leave of absence.

JNO. STEELE,
THOS. CARSON,
CALEB PHIFER,
JO. McDOWALL, Jun.,
WM. PORTER,
DAVID CALDWELL.

The House adjourned until To-morrow morning 9 O’clock.

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Friday, 5 December, 1788.

The House met according to adjournment.

Ordered that the Bill to levy a tax in Gold or Silver, or Specific Articles, to pay Interest of the foreign Debt, be laid over until the next Assembly.

Resolved, That the Public Treasurer be and he is hereby directed to pay as follows, to-wit: To William Muzzell of Orange County for carting the Books and papers in the Treasury office from Hillsborough to the Town of Tarborough, in the month of November, 1787, the Sum of fifteen pounds; to Hardy Jones for carting the said Books and papers from Tarborough to Hillsborough, in the Month of March last, the Sum of fifteen pounds, and to John Taylor for Carting the said Books and papers from the Town of Hillsborough to Fayetteville, in the Month of November, 1788, the Sum of Ten pounds, for which this shall be his sufficient voucher.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report on the Petition of John Armstrong, to-wit:

That the said Armstrong purchased of Charles Bruce, Esquire, Commissioner of Confiscated Property, a Tract of Land supposed to contain two Hundred Acres, late the property of Edward Turner of Rowan County, and Confiscated, for the Sum of one Thousand and Twenty-five pounds in Certificates; That by admeasurement the said tract of Land contained only one hundred and Sixty-two Acres, and the said Armstrong received a grant for that quantity. The Committee are of opinion that the Commissioner aforesaid refund to John Armstrong the Sum of one hundred and Ninety-four pounds five Shillings in Certificates, which he appears to have overpaid.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

Received from the Senate a Bill to amend the Revenue Laws. Endorsed, read the first time and passed.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee to whom the Petition of John Humphries was referred, Report,

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That in the year 1781, three hogsheads of rum was impressed from the said Humphries in the Town of Halifax, for the use of the State, as appears by proper Warrants and Certificates, amounting in the whole to three Hundred and nine Gallons.

The Committee are of opinion the said Humphries ought to be paid by the Treasury for the said three Hogsheads of rum at Sixteen Shillings per Gallon, which amounts to the Sum of two hundred and forty seven pounds four Shillings, and beg leave to recommend the following Resolution,

Resolved, That His Excellency the Governor, be and he is hereby directed to issue a warrant on the Treasury in favour of John Humphries for the aforesaid Sum of two Hundred and forty Seven pounds four Shillings, in full payment for the aforesaid three hundred and Nine Gallons of Rum.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

The question was put, “will the House concur with this report or not,” & was carried in the affirmative; whereupon, the Yeas and Nays were required by Mr. Bond, which are as follows:

Yeas—Messrs. Pugh, J. Allen, Cabarrus, Fulford, Thos. Pool Williams, G. Dauge, P. Dauge, Sawyer, McKay, Robeson, Hardiman, J. Hill, Mitchell, J. Jones, Baker, J. Bryan, J. H. Bryan, Moore, W. Williams, Slade, Yates, Grant, D. Davis, Skinner, Harvey, Moye, S. Allen, Caldwell, Barnes, Walton, Spruill, Montfort, J. Brown (Wilkes), Cumming, E. Jones, Steele, Person, W. Martin, Withrow, H. Hill, J. P. Williams, Maxwell.—42.

Nays—Messrs. J. Brown (Bladen), Cains, B. Douglass, Graves, Dixon, Killebrew, Hamilton, Gowdy, Ussory, Bond, Mebane, Wood, Bell, Porter, Bethell, Phillips, Clendenning, Jas. Stewart, Blair, Lindley, Holmes, Lennard, May, Carson, Scott, T. King, Hardin, Outlaw, Cocke.—29.

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

That the said John Devane and Richard Herring drew from the Treasury of this State the Sum of one thousand pounds to enable them to carry on a Gun Manufactory in the district of Wilmington. That by receipts from proper officers it appears they delivered one

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hundred Muskets with Bayonetts, three Rifles, & Six Smooth Guns. That afterwards the said factory, with a quantity of Gun barrels, were destroyed by the Tories, and by the accident of War the vouchers of the application of the aforesaid Money have been lost, and the said Petitioners prevented from Settling for the same.

The Committee, from these circumstances, are induced to recommend that the said accot. be closed; wherefore,

Resolved, That the Comptroller be and he is hereby directed to finally close the account of the said John Devane and Richard Herring for the monies drawn as aforesaid.

Which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following Report, to-wit:

The Committee, to whom the Petition of Hugh McDonald of the Town of Fayetteville, was referred, praying an allowance to be made him for the use of his house at the Sessions of Assembly, 1786, as a guard House for the prisoners, Report,

Tht by a Certificate of Thomas Armstrong, Colonel of Cumberland County, it appears he had the use of a house of the said Hugh McDonald Twenty-seven days for the above purpose.

The Committee are therefore of opinion that he be allowed Ten Shillings per day, making thirteen pounds ten Shillings, and recommended the following resolution,

Resolved, That His Excellency the Governor, be, and he is hereby directed to Grant a Warrant on the Treasury in favour of Hugh McDonald (payable Thirty days after date) for the Sum of Thirteen Pounds Ten Shillings in full consideration for the use of his House for the prisoners at the Session of Assembly in 1786.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into considertion Concurred therewith.

The Bill to amend the Revenue Laws, was read the first time, amended, passed and sent to the Senate.

Received from the Senate a Resolution of that House directing the Treasurer to repay to the late Elizabeth Williams, now Williamson,

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a certain Sum therein mentioned; which being read, was concurred with & returned.

Mr. Person, from the Committee of Propositions and Grievances, delivered in a report on the Petition of Arch’d Lytle, which being read, was ordered to lie on the Table without further order.

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

The Committee to whom the Memorial of James Britain was referred Report,

That the said James Britain entered into the service of the United States, and whilst in service a certain George Killion entered a piece of Land to which he had the right of pre-occupancy, and obtained a Grant for the same previous to his return, whereby he lost the opportunity of Entering the said Land, or availing himself of the Law allowing absentees to enter Caveats, &c.

The Committee on considering the presumptions, are of opinion the grievance complained of is only remediable in a Court of Equity, they therefore recommend that the said Memorial be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

The Committee to whom the Memorial of John Baptist Ashe was referred, Report,

That the said John B. Ashe purchased of Colo. Nicholas Long, Commissioner of Confiscated property for the District of Halifax, three small Tracts of Land condemned by the County Court of Halifax as the property of Archibald Hamilton & Company, for the Sum of Six hundred and Eighty Six pounds Eleven Shillings & five pence in Certificates. That it appears by a Copy of the Verdict of a Jury herewith presented; the property of the said three tracts of Land was in Edward Moore.

The Committee under these circumstances recommend, that the Comptroller be, and he is hereby directed to issue a Certificate to the said John B. Ashe of four hundred and Seventy-four pounds to be of equal value to District Auditor’s Certificates in place and stead of that Sum paid by the said Ashe in discharge of the aforesaid Contract.

THOMAS PERSON, Ch’n.
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The House taking this report into Consideration Concurred therewith.

Received from the Senate a Bill to explain an Act directing the duty of Naval Officers and all Masters of Vessels coming into any of the Ports or Inlets of this State. Endorsed, read the second time and passed.

This Bill was taken up and read the third time, amended, passed and sent to the Senate.

Received from the Senate a resolve of that house allowing the Clerk thereof Twent-five pounds, and one other resolution directing the Treasurer not to allow in settlement with Entry Takers either Interest or Commissions; which being read were Concurred with and returned.

Resolved, That Thomas Bridges be allowed the Sum of fifteen pounds for removing the Public papers of the General Assembly in possession of the Clerk of the House of Commons, from Tarborough to Fayetteville, and that the Treasurer pay the same.

Received from the Senate a Bill for the relief of persons who have or may hereafter forfeit their recognizance in the Superior and County Courts. Endorsed, read the second time, amended and passed.

This Bill was taken up and read the third time, passed and sent to the Senate

Received from the Senate the Report of the Committee on the Petition of Charles Simpson, in behalf of the Orphans of John Gilliard. Endorsed, read & Concurred with; which report being read, was concurred with and returned.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report,

The Committee to whom the Petition of James Kerr was referred, Report,

That as Commissioner of the Specific of Provision in Rowan County, he purchased twenty bushels of Salt and contracted to pay in Tallow, that the Public Tallow in his hands not being sufficient, he borrowed on his own credit three hundred and thirty-three pounds weight to discharge the aforesaid contract, the value of which he hath been compelled to pay as per warrant and judgement herewith presented, amounting to Thirteen pounds Seven Shillings and Six pence. That as Commissioner aforesaid, he also borrowed twenty

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bushels of Indian Corn on his private Credit, which he delivered to Genl. Morgan’s detachment, and hath been compelled to pay Three pounds fifteen Shillings for the same. The Committee are of opinion that the aforesaid Sums amounting to Seventeen pounds Twelve Shillings and Six pence ought to be paid by the Treasury. They therefore recommend the following resolution,

Resolved, That His Excellency the Governor, be, and he is hereby requested to issue a warrant on the Treasury in favour of James Kerr, for Seventeen pounds twelve Shillings and Six pence, payable thirty days after the date thereof, in full for the foregoing judgment and disbursement.

Which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration concurred therewith.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report,

The Committee to whom the Petition of Doctor Andrew Bass was referred, on the Subject of Cattle taken by the British Army under Command of Lord Cornwallis, which he had previously sold to the Commissioner (tho’ not delivered) of the Specific provision Tax for Wayne County, Report,

That it appears by the Certificate of the said Commissioner, the Doctor had contracted with him for a certain number of Cattle, but the Committee not being convinced by satisfactory Testimony an allowance had not heretofore been made for the same, are of opinion the said Petition be rejected.

Which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. Cabarrus, from the Commitee on Revenue, delivered in a report, which being read and amended, was agreed to in the following words, to-wit:

The Commitee on Revenue, to whom was referred the Letter of Benjamin Hawkins, Esquire, of the 3rd instant, relative to the Certificate Scale of Depreciation as established by Law, and the necessity of collecting letters and other vouchers of the Generals and

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other officers of the United States during the late War, Report,

On the Second part relative to the Certificate Scale of Depreciation established by Law, the Committee are of opinion that the State cannot be affected in the settlement of their accounts with the United States, as the accounts are stated from the original vouchers granted to individuals for Supplies and services rendered, and not on Certificates granted by this State, and that one General plan will be adopted by the Board of Commissioners appointed by Congress to adjust the accounts of the Union, consequently that such plan cannot operate partially against the claims of this State.

On the third part of this Letter the Committee are of opinion, and recommend the following resolution to be adopted, vizt.:

Whereas, there are Sundry Letters and other vouchers, of the Generals, and of the other officers in the service of the United States, during the late War, in the hands of the Militia officers, or of private Gentlemen, which may be necessary to elucidate the well founded claims of this State against the United States,

Resolved therefore, That all persons having any such Letters or other Vouchers, be, and they are hereby requested to deliver the same as soon as may be, to William Cocke, for Washington District, to General McDowall for the District of Morgan, Richard Trotter for the District of Salisbury, General Eaton for the District of Halifax, the Comptroller for the District of Hillsborough, General Gregory for the District of Edenton, General Armstrong for the District of New Bern, General Kenan for the District of Wilmington, General Clinton for the District of Fayetteville, who are hereby required without delay to forward the same to the Comptroller who is hereby directed to forward the same to the Agents at New York in order that they may be lodged with the Agents who are appointed to settle their accounts of this State with the United States.

All which is submitted.

S. CABARRUS, Ch’n.

Received from the Senate a Bill to impower the commanding officers of Greene and Hawkins Counties to erect a station or stations on the North side of Tennessee River in the District of Washington, to protect the Citizens of this State to settle on the Lands entered in John Armstrong’s office, and to prevent hostilities on the Cumberland Road, and for other purposes therein mentioned. Endorsed, read the second time & passed.

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This Bill was taken up and read the third time in this House, was amended, passed and sent to the Senate.

Mr. Person from the Committee of Propositions and Grievances, delivered in the following report,

The Committee to whom the Petition of William Johnson was referred, with certain depositions touching the Mal-practice in office of Thomas Butler, Mark Bennett and James Butler, Justices assigned to keep the peace for Montgomery County, Report,

That they have examined the depositions aforesaid, and are of opinion they are not sufficient to criminate the said Thomas Butler, Mark Bennet and James Butler; therefore they recommend that the said Petition be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into consideration Concurred therewith.

Mr. McDowall, from the Commitee to whom was referred the Memorial of William Moore late Sheriff of Burke County, Reported,

That upon examining the facts therein set forth, they find that the Clerk of the Court of Burke County did furnish the Treasurer with the amount of Taxables of said County for 1784, and also furnished the Collectors and Sheriffs with another list of the Taxables, by which they were bound to collect the tax for that year. That when the said Sheriff went to settle the Tax of that year he found he stood charged with a much larger Sum that he had collected; he then made application to the Clerk, who, upon examining the returns found that he had made a mistake in the amount of taxes returned to the Treasurer, and that the list furnished the Sheriff was a true one.

Your Committee are therefore of opinion, as the mistake was with the Clerk, that the said Sheriff be impowered to settle with the Treasurer for the tax of 1784, agreeably to the list furnished him by the Clerk, by which list he collected; which is submitted; and the Committee therefore report the following Resolution as proper to be entered into by the General Assembly, Vizt:

Resolved, That the Public Treasurer be and he is hereby required to balance the accounts of William Moore as Sheriff of Burke county for the year 1784, as they now stand on his books, that he raise a new account against the said Moore as Sheriff aforesaid, and that

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the account so by him to be raised be founded on the last return made by the Clerk of the said County, to-wit: the return which the Clerk has certified to be just and accurate, and that in the account so by him to be raised he shall debit and credit the said Moore in like manner as tho’ he had not heretofore been charged.

JO. McDOWALL, Ch’n.

The House taking this report into Consideration Concurred therewith.

Received from the Senate a Bill for the recovery of Debts according to Contract. Endorsed, read the first time and passed.

Received also, a Bill to enable and impower the attorney General to commence Suits, &c., upon information that the Treasury hath been injured by pretended Creditors of persons whose estates have been Confiscated, &c. Endorsed, read the Second time and passed.

Mr. Cuming moved for leave to withdraw this Bill for amendment. Ordered that he have leave accordingly.

Whereas, it is represented that a resolution of the General Assembly in April 1783, directing the Auditors of Hillsborough District to issue sundry Certificates therein mentioned, in lieu of others which had been destroyed, was lost and the Certificates never issued agreeably thereto;

Resolved therefore, That the Comptroller be, and he is hereby directed to grant Certificates in favour of John Ledloe, Ezekiel Dollarhide, Hudson Berry, Daniel Parker, Richard Owen and John Aiken for the Sum of Nine pounds four Shillings each, in lieu of the aforesaid, to have interest from the time the aforesaid would have done, had they been granted agreeably to the said receipted resolution.

The Bill for the recovery of Debts according to Contract, was read the first time and Rejected.

A report of the Committee of Claims on the Petition of William Rigsby Murphy, being read, was ordered to lie on the Table without further order.

The Committee of Claims, to whom was referred the Petition and claim of Neill McLean, praying an allowance for Sundry articles of Cloathing furnished the Public, Reported,

That they are of opinion the matter comes properly before the Comptroller, therefore are of opinion they are not at liberty to allow it.

LEWIS DUPREE, Ch’n.
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The House taking this report into consideration concurred therewith.

The Chairman of the Committee of Claims delivered in the following Report,

Your Committee to whom was referred the Memorial of William Delancy, Report,

That from the information of Colo. Tipton and Colo. Maxwell, it appears that the said Delancy received a wound in an action under the command of Colo. Tipton, to quell an insurrection in that part of the State, whereby the said William Delancy was much disabled for some months, and in order to be relieved he applied to two Surgeons who charged him for their attendance, &c., Thirty pounds five Shillings and Six pence.

Your Committe are of opinion as the said Delancy was wounded in the Defence of the State against an insurrection excited by John Sevier, that he be allowed the said Sum of Thirty pounds five Shillings and Six pence, and that the Sheriff of Washington County pay the same out of the tax of 1787, and he be allowed the same in his settlement with the Treasurer.

All which is submitted.

LEWIS DUPREE, Ch’n.

The House taking this report into Consideration Concurred therewith.

Received from the Senate a Bill for levying a Tax for the support of Government, &c. Endorsed, read the third time and passed.

Ordered that this Bill be read the third time in this House Tomorrow.

Received from the Senate a Bill to repeal part of an Act intitled “an Act for the revising and collecting the Acts of the General Assembly,” &c. Endorsed, read the Second time and passed.

Received from the Senate the resolution of this House directing the Comptroller to issue Certificates of Nine pounds four Shillings each to John Ledloe and others therein named, Concurred with.

Received also the reports of the Committee of Propositions & Grievances on the Petitions of Andrew Bass & Hugh McDonald, concurred with.

Received from the Senate a Bill to prevent in future the diminution of the public revenue of this State by the neglect of the County Courts. Endorsed, read the Second time and passed.

-------------------- page 177 --------------------

The Bill to establish a Company for opening the Navigation of the Catawba River, was read the third time, passed and ordered to be Engrossed.

Received from the Senate the Resolve of this House allowing Thomas Bridges fifteen Pounds. The resolve directing the Treasurer to advance to Colo. Joseph Leech one Thousand pounds. The resolve directing the Public Printer to deliver to the Clerk of Fayetteville Superior Court the Laws & Journals for that district; and the resolve for appointing Robert Adam & William B. Grove Commissioners to Superinted the building a Gaol in the District of Fayette, severally concurred with.

Received from the Senate a Bill to punish Persons guilty of House breaking and other Crimes. Endorsed, read the second time & passed.

The Bill to repeal part of an Act intitled “an Act for revising and collecting the Acts of the General Assembly of the State of North Carolina, was read the second time, passed and sent to the Senate.

The Bill to prevent in future the diminution of the public revenue of this State by the neglect of the County Courts, was read the Second time, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Petition of Thomas Bloodworth. Endorsed, read and Concurred with; which report being read, was concurred with by this House and returned.

Received from the Senate the following Reports, Concurred with by that House, to-wit:

On the Petition of Neill McLean;

On the Petition of James Witherspoon;

On the Petition of Chirstopher Reddick;

On the Petition of Robert Alexander;

On the Petition of Nathan King;

On the Petition of James Britain;

On the Petition of Neill Ray;

On the Memorial of John Armstrong;

On the Memorial of John Ellis;

On the Petition of John Devane and Richard Herring;

On the Petition of James Kerr, & on the Petition of William Delancy.

-------------------- page 178 --------------------

Mr. Edward Jones moved for leave to enter the following protest.

Dissentient.

Because, The principle of Government entering into Mercantile Speculations is bad in its Self, and has pernicious tendencies.

Because, From experience we have found the State purchase of Tobacco inexpedient and oppressive.

Because, The purchase of Tobacco has depreciated our paper Currency which public faith was bound to support.

Bcause, It has enhanced the price of our chief Staple export contrary to the policy of the wise Nations.

Because, On Tobacco Speculation hitherto, we have sunk two-thirds of our principal in turning our State Currency into Specie, Whilst the Law of the Land asserts it shall be of equal value with Specie.

Because, It tends to enrich the few and oppress the many.

EDWARD JONES,
JOHN CAINS,
JOSEPH HARVEY,
JOSHUA SKINNER,
ENOCH SAWYER,
S. CABARRUS,
JOHN ALLEN,
WM. BARRY GROVE,
PETER DAUGE.

The House adjourned until To-morrow Morning 9 O’clock.


Saturday, 6 December, 1788.

The House met according to adjournment.

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

Mr. Steele introduced the following resolutions, which being read, Mr. Steele proposed that the House enter into the said resolutions, which was objected to; whereupon, Mr. Herndon moved and was Seconded, that they be laid over until the next Assembly; this was also objected to; the question on the last motion was put and carried in the affirmative.

The proposed resolutions are as follows:

Resolved, That the Commissioners appointed to purchase Tobacco in this State on behalf of the Public, be, and they are hereby directed

-------------------- page 179 --------------------
to purchase no tobacco of any kind or quality at a higher price than forty-five Shillings for the succeeding year.

Rsolved, That each and every Commissioner appointed as aforesaid, settle and finally adjust his or their accounts with the Comptroller on or before the 1st day of May next, and fully pay up to the Treasurer any balance of Money which may remain unappropriated at that time.

On the question shall these resolutions lie over until the next Assembly or not, the Yeas and Nays were required by Mr. Cabarrus, which are as follows:

Yeas—Messrs. J. Brown, Cains, McDowall, McDowall, Jun., J. Allen, B. Douglass, Anderson, Graves, Jo. Stewart, Killebrew, J. Hill, Mitchell, Hamilton, Gowdy, J. Jones, Tindall, Phifer, Bonds, Mebane, Wood, Bell, Porter, Bethell, Phillips, Barnes, N. Brown, Spruill, Jas. Stewart, Blair, Montfort, Brown (Wilkes), Herndon, Hinton, Martin, Withrow, Carson, Devane, Maxwell, Hardin, Outlaw, Cocke, Lanier, May.—43.

Nays—Messrs. Pugh, Cabarrus, Fulford, Creecy, Thos. Pool Williams, G. Dauge, Grove, P. Dauge, Sawyer, Dickson, Robeson, Hardiman, Baker, Moore, Maclaine, W. Williams, Slade, Yates, Grant, D. Davis, Skinner, Harvey, Moye, S. Allen, Caldwell, Walton, Hawkins, Cumming, E. Jones, Steele, Lindley, Person, H. Hill, J. P. Williams.—34.

Received from the Senate the resolution of this House directing the Treasurer to pay William Muzzel, Hardy Jones & John Taylor the Sums therein mentioned, Concurred with.

Received also the report of the Committee of Propositions and Grievances on the Petition of John Colson and David Davis, Concurred with; and the report of a Special Committee on the Memorial of William Moore, also Concurred with.

Received from the Senate a Resolution of that House for Suspending Thomas Butler, Mark Bennet and James Bennet, three Justices of the Peace for Montgomery County, from office; which being read, was Concurred with and returned.

Resolved, That John M. Whitney be allowed the Sum of Eighteen pounds for going express to the Attorney General with dispatches from the Treasurer, and that the Treasurer pay him the same and be allowed.

Whereas, it appears to this General Assembly that the business

-------------------- page 180 --------------------
of the Treasurer from the many Laws that have passed, and the various alterations made in the regulations of his office, has been considerably augmented, and that the Salary allowed him by Law has not been enlarged, and as it bears no proportion to the great additional duties and care that has developed on him:

Therefore Resolved, That John Haywood, Esquire, be allowed the Sum of two Hundred Pounds as a Compensation for his extraordinary services in the exercise of that office hertofore, and that the same shall be allowed him in the next annual settlement of his accounts.

Ordered that the Bill to enable and impower the Attorney General to commence suits in Law or Equity in all cases in which he shall have information that the Treasury hath been injured by pretended Creditors of persons whose Estates have been Confiscated, &c., be laid over until the next Assembly.

The Bill to punish persons guilty of House breaking and other crimes, was read the third time, passed and sent to the Senate.

Received from the Senate the resignation of John Tilman as Colo. of Craven County. Endorsed, read and accepted; which being read, was accepted by this House & returned.

Received from the Senate a resolution allowing Hardy Jones fifteen pounds;

A Resolution directing the Attorney General to institute a Suit or Suits in the name of Timothy Bloodworth for the purposes therein expressed; and a Resolution authorizing His Excellency the Governor, to notify the Gentlemen appointed to represent this State in a Convention, should one be called, & grant them Warrants on the Treasury to enable them to attend, &c.; which being read, were severally Concurred with and returned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the General Assembly proceed to ballot immediately for a judge in the District of Morgan, and nominate John Stokes, Esquire. We have appointed Mr. Hill and Mr. Maclaine to superintend the balloting.

Whereas, there is at present one Judge in each of the Districts of Washington and Mero, and cases may often happen that will require the presence of two Judges to decide; therefore,

Resolved, Whenever such cases arise in either of the said Districts,

-------------------- page 181 --------------------
the Judge of the other District may, and he is hereby authorized and required to attend and officiate at such Court, together with the Judge of the District where such case may happen; and he shall be allowed the same Sum and be paid in the same manner as is by Law provided for holding Court in his own District.

Mr. Person, from the Committee to whom was referred the Memorial of Henry E. Lutterloch, delivered in a report thereon; which being read, was ordered to lie on the Table without further order thereon.

Mr. Person, from the Committee of Propositions and Grievances, delivered in the following report:

The Committee to whom the Memorial of Edward Bridgen of the City of London by his Attorney, was referred, Report,

That in December, 1785, an Act passed restoring to the said Edward Bridgen his property both real and personal, together with the Bonds and purchase Money of such part as had been previously sold. That as Certificates had become of such little value, the said Bridgen claimed the value of a Lott and House in Wilmington sold previous to the passing of said Law, in actual Money.

The Committee are of opinion the claim is inadmissible, & recommend the said Memorial be rejected.

All which is submitted.

THOMAS PERSON, Ch’n.

The House taking this report into Consideration Concurred therewith.

Mr. Brown presented the resignation of Russel Jones one of the Justices of the Peace for Wilkes County, which was accepted & sent to the Senate.

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

The Committee to whom the representation and Petition of the Executors of Arthur Brown, deceased, was recommitted, Report,

That the said Arthur Brown was Sheriff of Bertie County for the year 1774, but did not collect the taxes until the years 1779 and 1780 in the depreciated Currency, and after a Law had passed for the purpose of impowering him to perfect his collection. That about that time the said Brown was Colonel of Bertie County and paid the monies received in discharge of the Taxes to Soldiers for their

-------------------- page 182 --------------------
Bounties, as appears from the face of an account settled in the Comptroller’s office.

The Committee further observe that by the said account it appears that the said Arthur Brown fully settled for all Public Money he had received for the purpose of paying the said Soldiers bounties, and a balance remains due and owing by the State to him of Four Thousand Five Hundred and Twelve pounds, two Shillings & one penny half penny, hence the belief arises that the Monies received in discharge of the Taxes were applied with the other Public Money indiscriminately in payment of the Soldiers bounties before stated.

As it appears to the Committee the aforesaid Taxes were collected in depreciated money, they think the estate of th said Arthur Brown ought not to be subject to the payment thereof in actual Cash at this period, and for which the Executors are sued by the Treasurer, and have paid Ninety odd pounds in part in money, they recommend that on the said Executors delivering the Treasurer the Comptroller’s Certificate, for the aforesaid £4,512 2 1 reduced by the Scale of depreciation (which together with the Ninety odd pounds the Committee conceive to be equal in value to the Taxes at the time they were recovered) he be directed to balance the account, and dismiss the Suit at the expence of the said Executors.

THOMAS PERSON, Ch’n.

The House taking this report into consideration concurred therewith.

The Bill for levying a Tax for the support of Government, and for the redemption of the old paper Currency, Continental Money, and Specie and other Certificates, and for sinking the State Currency, was read the third time, amended by Consent of the Senate, passed and ordered to be Engrossed.

Received from the Senate the Resolve of this House allowing John Haywood, Esquire, two hundred pounds; and one other resolve allowing John M. Whitney Eighteen Pounds Eighteen Shillings, Concurred with.

Received from the Senate a Bill to amend the Revenue Laws & to continue an Act allowing Salaries to the Governor and other officers of the State, passed 1787. Endorsed, read the Second time and passed.

-------------------- page 183 --------------------

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We do not agree to ballot immediately for a Judge as by you proposed, but will enter on that business at 4 O’clock this evening.

We propose that an Attorney for the State for Washington District be appointed at the same time and nominate Mr. Sharpe, Mr. Avery & Reuben Wood. We have added to your nomination for Judge, A. Ozborn.

Received from the Senate a resolution allowing the Sheriffs of Washington, Sullivan, Greene and Hawkins until the last day of April to settle their accounts with the Treasurer, which being read was Concurred with and returned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree to ballot as by you proposed, and add to the nomination for States Attorney in Washington, William Cocke, Esquire.

The Bill to continue an Act allowing Salaries to the Governor and other officers of the State passed 1787, was read the second time, amended, passed & sent to the Senate.

The Bill to repeal part of an Act for the revising and collecting the Acts of the General Assembly of the State of North Carolina, was read the third time, passed and ordered to be Engrossed.

Received from the Senate a resolution of that House permitting the Agents appointed to superintend the settlement of the accounts of this State with the United States to have access to the several offices for the necessary vouchers, &c., and allowing the Agents a Salary; which being read, was concurred with and returned.

Received from the Senate a Bill to prevent the dimunition of the public revenue of this State by the neglect of the County Courts. Endorsed, read the third time and passed.

This Bill was taken up and read the third time, passed and ordered to be Engrossed.

Received from the Senate the report of the Committee on the Petition of John Humphries; The Memorial of John B. Ashe, and the report of the Committee on revenue on the Comptroller’s progress & settlement, severally concurred with.

Received from the Senate a Resolution declaring Hodge and Willis, Printers to the State, &c.; which being read, was rejected.

-------------------- page 184 --------------------

Received from the Senate a resolution of that House allowing the Honbl. Alexander Martin, Esquire, until the next Assembly to balance his accounts with the Public; which being read, was Concurred with and returned.

Received from the Senate the folowing Message:

Mr. Speaker & Gentlemen:

We are now ready to proceed on the balloting and have appointed Mr. Dixon and Mr. Graham to superintend the same.

Received from the Senate a Bill to continue an Act allowing Salaries to the Governor and other officers of the State, passed 1787. Endorsed, read the third time and passed.

The Bill was taken up and read the third time, passed and ordered to be Engrossed.

Resolved, That Mr. Sawyer be appointed to assist in examining the Engrossed Bills.

Mr. Person, from the Committee to whom was referred the Western Payrolls, delivered in a report thereon; which being read, was Rejected.

Mr. Hill, from the joint balloting for a Judge for the District of Morgan, and a States Attorney for the District of Washington,

Reported, that John Stokes, Esquire, was elected Judge and William Cocke, Esquire, States Attorney.

The House taking this report into consideration concurred therewith.

Whereas, Sundry of the Inhabitants of the Counties of Washington, Sullivan, Greene and Hawkins, were called into actual service in defence of the Frontier Inhabitants of this State against the Indians, agreeable to orders issued by His Excellency the Governor, with the advice of the Council of State;

And whereas, no provision hath hitherto been made for the settlement and liquidation of the Claims for such service, nor for the necessary supplies furnished; Therefore

Resolved, That Landon Carter, John Scott and John Blair be appointed a Board of Auditors for the settlement and liquidation of all claims in consequence of such service, and that the board shall make allowances for all articles of provision furnished agreeable to the then Cash prices for all and every of such Articles, and in no other manner whatsoever, and for the actual service of the People called out, agreeable to the Militia Law.

-------------------- page 185 --------------------

Resolved further, That the said Board shall lay the whole of their proceedings before the next General Assembly.

And Resolved further, That the said Auditors, previous to their entering into the duties of their office shall take the following oath: I, A. B., do solemnly Swear that I will do equal Justice between man and man, the State and Individuals, and to the best of my skill and abilities. So help me God.

Resolved, That the Treasurer be, and he is hereby required and directed without delay, or as soon as may be, to institute Suits against all holders of Public Monies, and delinquent debtors to the public, who may have failed, refused or neglected to settle and account for the same agreeably to Law or former resolutions of the General Assembly of this State, excepting only such persons to whom indulgencies are or may be granted by this Assembly.

Mr. Person, from the Committee to whom was referred the Western Payrolls, delivered in the following Report, to-wit:

Your Committee, to whom was referred the several Payrolls and Commissary accounts from the District of Washington beg leave to report, That your Committee are of opinion that a Board of Auditors ought to be appointed to liquidate, settle and adjust all Claims against this State arising in said District, either by purchase of Commissaries or impressments of provisions or other Articles, which when adjusted and liquidated, your Committee are of opinion ought to be paid off by the County Treasurers of the several Counties of said District; also the several payrolls to be paid off agreeable to the Militia.

Your Committee are further of opinion that as part of the expence in that quarter has accrued by the People acting on the Defensive in supporting Garrisons, &c., and a number of the accounts have not yet come forward.

Your Committee are of opinion the above plan is the most elegible method that your Commitee can advise, also that the receipts given for the payments of such Sums ought to be received and taken by the Treasurer of this State from the several County Treasurers in the District of Washington, and full Credit given by said Treasurer for Monies received.

All which is submitted.

THOMAS PERSON, Ch’n.
-------------------- page 186 --------------------

The House taking this report into Consideration Concurred therewith.

Resolved, That James Moore be allowed the sum of fifteen pounds for Candles and fire wood furnished for the use of the present General Assembly, and that the Treasurer be and he is hereby directed to pay the same.

Received from the Senate the report of the Committee on the representation of the executors of Arthur Brown;

The report on the Memorial of Edward Bridgen, and

The report on Mr. Hawkins letter, severally Concurred with.

Received from the Senate a Resolve directing the Comptroller to report the names of persons who have advanced Money to this State, &c.; which being read, was Concurred with and returned.

Received from the Senate a Resolve of that House allowing Isaac Burklow Sixteen pounds four Shillings and one penny, which being read, was Concurred with and returned.

Received from the Senate the Resolution of this House allowing James Moore fifteen pounds, and the resolution directing the Treasurer to institute Suits against holders of public monies, Concurred with.

Resolved, That William Dudley keeper of the District Gaol of New Bern be allowed the Sum of Sixty Nine Pounds five Shillings and Ten Pence for Sundry Expences of provisions, and that the Treasurer pay the same and be allowed.

Received from the Senate the resolution of that House allowing Abishai Thomas ten pounds, and one other resolution directing the Commissioners for purchasing Tobacco to continue their purchase until the money in their hands is expended, which being read were rejected.

Resolvd, That the Commissioners for purchasing Tobacco at Tarborough, Halifax and Fayetteville be continued in that business until the meeting of the next General Assembly under the restrictions and regulations of the Act of Assembly respecting that business.

Received from the Senate the Resolve of this House allowing William Dudley Sixty Nine Pounds five Shillings and Ten pence, Concurred with.

Received from the Senate a resolution of that House for remitting the fines imposed on persons refusing to turn out on a late expedition

-------------------- page 187 --------------------
against the Indians, which being read, was Concurred with and returned.

Resolved, That the Treasuer be and he is hereby directed to pay to Captain James Richardson the Sum of Twenty Pounds on consideration of his services in bringing dispatches from Washington District to the General Assembly.

Received from the Senate a resolution of that House directing the Treasurer to advance to Abishai Thomas one hundred and fifty pounds to enable him to proceed on collecting certain vouchers for the settlement of the accounts of this State with the United States, which being read was rejected.

Received from the Senate the Resolve of this House directing the Treasurer to advanced to Capt. James Richardson Twenty Pounds, Concurred with.

Mr. Cabarrus, from the Committee on Revenue, delivered in the following estimate of expenditures in the Civil Department for the year 1789, from which that Committee reported the nett amount, to-wit:

Civil List for the year 1789, as stated by the Sub-Committee on Public Revenue No. 2, consisting of Mr. Hunt, Mr. Johnson, Mr. Blount, Mr. Gallaway and Mr. Jos. McDowall, Sen.,

Governor’s Salary
£750
Private Secretary
100
Secretary of State
100
Treasurer
500
Judges of the Superior Courts
2,500
Attorney General
640
Comptroller
500
Public Printer
500
Delegates to Congress and to Convention of the U. States
3,000
Clerk to the Treasurer
150
Clerks to the Comptroller as allowed by the Governor and Council for settling with the Contl. Commissioner
1,000
Council, Clerk and Door-keeper
130
Members of Assembly and of State Convention, Clerks and Door-Keepers
15,500
Agent, for settling the accounts of this State with the U. States
1,000
Total
£26,370
-------------------- page 188 --------------------

Resolved, That the Thanks of this House be presented to the Honbl. John Sitgreaves, Esqr., for his able, faithful and public spirited services as Speaker thereof, during this Session.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

The business of the Session being now compleated, we propose to adjourn immediately.

The House adjourned Sine Die.

By Order,
J. Hunt, Clerk.

Tarborough, 16 January, 1789.

On examining my books, I find the balance reported against the Collector of Port Beaufort is founded in error, and that instead of two Thousand four Hundred and fifty-eight pounds fourteen shillings and Ten pence one farthing, it should of right have been four hundred and forty pounds eleven Shillings and one penny three farthings only. The above error was occasioned by my having omitted to enter and post to the credit of Mr. Daves, Collector of Port Beaufort, the amount of his last payment, the last mentioned Sum, to-wit, £440 11 13 4 is therefore to be considered as that which ought to have been reported against the said Collector.

JOHN HAYWOOD, Pub. Treasurer.

-------------------- page 189 --------------------

ESTIMATE OF ALLOWANCES TO THE MEMBERS OF THE HOUSE OF COMMONS, DECEMBER 1788.
MEMBERS.
Attendance.
Miles Travelling.
Ferriages.
Sums.
John Sitgreaves, Esqr., Speaker
34
232
£
£41
14
8
John Brown, (Bladen)
34
120
2
38
2
Samuel Cain
34
108
37
12
William Horn
34
220
44
13
4
Francis Pugh
34
300
1
45
John Cains
34
240
3
42
3
Jo. McDowall
34
440
48
13
4
Jo. McDowall, Jun.,
34
480
2
50
2
Richard Nixon
21
232
4
28
18
8
John Allen
34
236
1
5
43
7
William Sheppard
13
336
14
24
18
Stephen Cabarrus
34
390
4
14
57
14
John Fulford
34
330
2
10
47
10
Lemuel Creecy
34
410
4
14
52
7
4
Tho. Pool Williams
34
560
2
4
54
17
4
Griffith Dauge
34
560
5
4
57
13
4
Wm. B. Grove
34
34
Peter Dauge
34
540
54
4
Enoch Sawyer
34
540
1
10
53
10
John McKay
34
8
34
5
4
Ben. Douglass
34
220
41
6
8
John Graves
34
220
40
13
4
James Anderson
34
90
37
Jo. Stewart
34
116
37
17
4
Ro. Dickson
34
120
2
38
2
Charles Ward
27
140
31
13
4
Elijah Robertson
34
1400
80
13
4
Thomas Hardiman
34
1400
80
13
4
William Fort
23
220
4
30
10
8
Jno. Killebrew
34
240
4
42
4
Jordan Hill
34
180
40
Brittain Harris
34
180
40
Elijah Mitchell
34
220
41
6
8
John Hamilton
34
240
41
6
8
William Gowdy
34
240
41
6
8
John Jones
34
240
6
42
6
Henry Baker
34
360
2
46
2
Wm. Ward
34
100
37
7
4
John Bryan
34
100
37
7
4
William Randall
34
190
40
6
8
John H. Bryan
34
196
40
10
8
John Moore
34
340
4
45
10
8
Wm. Maclaine
34
300
4
44
4
Wm. Williams
34
270
1
4
44
4
Ebenezer Slade
34
300
1
4
45
4
James Tindall
34
160
49
6
8
Thos. Ussory
34
140
38
13
4
Caleb Phifer
34
260
42
13
8
Joseph Douglass
33
316
43
10
8
John Bonds
34
180
40
Alexander Mebane
34
180
40
-------------------- page 190 --------------------
Daniel Yates
34
240
£4
£40
4
Reuben Grant
34
240
4
42
4
Edward Everagin
30
460
14
46
8
Devotion Davis
34
460
1
2
50
16
4
Joshua Skinner
34
460
1
4
50
4
Joseph Harvey
34
460
2
51
6
8
John Moye
34
240
4
42
4
Shadrack Allen
30
240
4
38
4
Zebedee Wood
34
180
40
William Bell
34
180
40
David Caldwell
34
280
43
6
8
William Porter
34
430
48
6
8
William Bethell
34
240
42
Abram Phillips
34
240
42
Elias Barnes
34
90
37
Neill Brown
31
60
33
George Houser
27
340
38
6
8
Wm. T. Lewis
29
290
38
13
4
Wm. Walton
34
1400
80
13
4
Jas. Clendening
34
1400
80
13
4
Simon Spruill
34
210
6
41
6
Samuel Chesson
15
210
13
22
13
James Stewart
34
580
53
6
8
John Blair
34
620
59
13
4
Wyatt Hawkins
34
240
42
Henry Montfort
34
220
41
6
8
John Brown (Wilkes)
34
380
46
13
4
Joseph Herndon
34
360
46
James Hinton
34
110
37
13
4
Brittain Sanders
34
86
36
17
4
William Taylor
10
170
15
13
4
James Handley
28
170
33
13
4
John Branch
33
260
6
8
41
13
4
Absalom Tatom
32
170
47
13
4
Goodorom Davis
31
280
40
5
4
Wm. Cumming
34
380
4
14
57
7
4
Edward Jones
34
200
5
40
18
4
Wilson Vick
28
200
34
14
4
John Knox
34
300
44
John Steele
34
240
42
Jonathan Lindley
34
75
36
10
Thomas Person
34
240
42
Lewis Holmes
34
60
2
36
2
Ben. Sheppard
6
200
12
13
4
Nathan Lassiter
34
200
3
40
16
4
Wm. Martin
33
100
36
6
8
Miles King
34
120
37
Ed’w. Williams
19
150
24
Wm. King
34
120
38
Jacob Lennard
34
210
3
41
3
Lewis Lanier
34
160
39
6
8
Pleasant May
34
160
39
6
8
-------------------- page 191 --------------------
James Withrow
33
430
£4
£47
6
8
Thomas Carson
33
140
37
13
4
Henry Hill
32
360
12
44
12
John P. Williams
34
190
40
Thomas Devane
34
124
4
37
4
Williams Mears
26
60
28
George Maxwell
31
600
4
57
4
John Scott
31
600
4
57
4
Thos. King
29
660
51
Joseph Hardin
24
660
46
Alex. Outlaw
24
700
47
6
8
William Cocke
10
700
33
6
8
John Branch, for attendance at Tarbro. not heretofore att’d
8
John Walker, for attendance at Hillsborough in Nov. 1783
10
16

-------------------- page 192 --------------------

COMMITTEE REPORTS.
Report on Proposals of Derolack. Tobacco, &c.—His Excellency the Governor.
Henry Montfort, Resolved in consequence of a report,—dd himself.
The resolution on the report Donoho & Dickson,—dd. Chas. Dickson.
Resolution on the Report, Wm. Evans,—d. himself.
No. 1 Report of Com. on Revenue E’tion of time for settling Accts.—His Excellency.
Report on the Peto. of Viverett,—J. Bonds.
Rep’t in fav. of Fitt & Hall,—M. Fitt.
Ditto in fav. Warrenton,—McNicoll.
Ditto Saml. Marley,—P. Henderson..
Ditto Nathan Hambrick,—R. Singleton.
Ditto J. G. McRee,—himself.
Ditto John Armstrong, himself.
Ditto revenue on the Treasurer’s representation,—himself.
Ditto H. Bradford & William Moore,—Wm. Wooten.
Ditto John Williams,—himself.
Ditto Entry Taker Western Lands,—J. Haywood.
Ditto John Hunt,—himself.
The Treasurer to pay Wm. Muzzell, John Taylor & Hardy Jones,—The Treasurer.
Treasurer to institute Suits against delinquents,—Ditto.
Treasurer allowed £200 extra,—Ditto.
James Moore allowed £15,—himself.
Wm. B. Grove & R. Adam Comm’rs and Printer,—Grove.
James Richardson £20,—Self.