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At a General Assembly begun and held at Fayetteville on the Second day of November, in the year of our Lord one Thousand Seven Hundred and Eighty-Nine, and in the Fourteenth 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 to represent the same in this House, Vizt:

Pusuant to which the following Members appeared and were qualified by taking and subscribing the Oaths by Law appointed for the qualification of the Members of the Genral Assembly, to-wit:

Mr. Person proposed for Speaker Stephen Cabarrus, Esquire, who was unaimously chosen and conducted to the Chair.

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

On motion, Peter Gooding and James Maloy were appointed Doorkeepers.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

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

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

The House met according to adjournment.

Ordered that the following Message be sent to the Senate.

Mr. Speaker & Gentlemen:

The House of Commons are also formed and ready to proceed on the business of the Public.

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

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

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

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

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

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

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

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

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

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

9. That no Member shall depart the services of this House without leave.

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

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

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

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

Mr. Zebedee Wood, one of the Members for Randolph County, Mr. Michael Peters, one of the Members for Hyde County, and Mr. James Spiller & Mr. James Thompson, the Members for Sampson County, appeared, were qualified and took their seats.

Mr. Lock presented the resignation of John Stokes, Esquire, of

his office of Judge of the Superior Court of Law & Equity for Morgan District, which being read was accepted by this House and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the two Houses after to-day meet at the Brick building on the South side of the Creek, it being more commodious for the dispatch of business.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message proposing that the two Houses adjourn after the present day to the Brick building on the South side of the Creek, and have concurred therewith.

Resolved, That Mr. Phill. Hawkins, Mr. Speller, Mr. Mebane, Mr. Person, Mr. Grove, Mr. Porter, Mr. Outlaw, Mr. Dauge, Mr. Hill, Mr. Sawyer, Mr. Hamilton, Mr. Edenton, Mr. Lindley and Mr. Allen be a Committee of Privileges and Elections.

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

Mr. Speaker & Gentlemen:

We have appointed Mr. Gowdy, Mr. Skinner, Mr. A. Bryan, Mr. McKinnie and Mr. Smith a Committee of Propositions and Grievances, who will act jointly with such Gentlemen as you may think proper for these purposes.

Mr. Speaker & Gentlemen:

We have appointed Mr. Frazier, Mr. Hargitt, Mr. Gray, Mr. Dickson, Mr. Donaldson, Mr. Yates, Mr. Winston, Mr. Clay, Mr. Carter and Mr. Clinton a Committee of Claims, who will act jointly with such Gentlemen of the House of Commons as may be named for this purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Drew, Mr. Blair, Mr. Brown, Mr. Johnston, Mr. Nash, Mr. Qualls, Mr. Baker, Mr. J. Bryan, Mr. Dickson and Mr. Barnes, to act as a Committee of Claims on the part of this House, who will act jointly with the Gentlemen appointed by the Senate for that purpose. We have also appointed Mr. Rhea, Mr. Outlaw, Mr. Moore, Mr. Holland, Mr. Phifer, Mr. Gillispie, Mr. Sanders, Mr.

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Dickens, Mr. W. Hawkins, Mr. Blount, Mr. Creecy, Mr. Hamilton of Edenton, Mr. Guion, Mr. Nixon, Mr. Jones, Mr. Yates, Mr. McKay, Mr. Spiller, Mr. Wilson & Mr. Rice, as a Committee of Propositions and Grievances on the part of this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed the following persons to act with such Gentlemen as the Senate may think proper to appoint as a Committee of Finance, to-wit: Messrs. Locke, P. Hawkins, B. Williams, Jno. Stewart, Jones, Mebane, Wm. Williams, Person, Lindley, Chambers, McClain, Grove & Porter. We propose also, that this Committee be particularly directed to enquire into and report on the Nett produce of our revenues, and the amount and nature of all public debts, and to extend their enquiries into the present State and Condition of the Treasury, the application of the monies levied and collected in the years one Thousand Seven hundred and Eighty-Eight, and one Thousand Seven Hundred and Eighty-nine. 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, and as soon as possible in such matters concerning the public monies or revenues, and also make up an estimate of the expenses of the foreign and incidental charges of the ensuing year, and that before the end of the present session, or as soon as possible they form a full statement of the debts, funds and revenues of this State, which shall be printed and bound up with the Laws to be Enacted this Session. We have also appointed on the part of this House Mr. Wilson, Mr. Drew, Mr. McDowall, Mr. Holland, Mr. Brevard, Mr. Lock, Mr. Dickens, Mr. Person, Mr. T. Blount, Mr. P. Hawkins, Mr. Jno. Hamilton, Mr. Montgomery, Mr. Guion, Mr. Armstrong, Mr. Beck, Mr. Jones, Mr. Spiller, Mr. Grove, Mr. White & Mr. Outlaw, to Act with such Gentlemen as you may appoint, to report what bills of a public Nature are necessary to be passed into Laws at the present Session, and to prepare the same.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the number of Clerks for Engrossing Bills and

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attending Committees at the present Session be two, and that Mr. Henderson & Mr. Ivey be appointed for that purpose.

Received from the Senate the resignation of John Stokes, Esquire, as Judge of the Superior Court of Law & Equity for Morgan District, accepted of by that House.

Mr. John Stokes, one of the Members for Rowan County, appeared, was qualified and took his seat.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received your Message relative to the appointment of two Engrossing and Committee Clerks only, with which we do not concur, being of opinion a less number than three would not answer the purpose. We therefore propose that the two Houses proceed to make these appointments by ballot at 4 O’clock this evening, and add to your Nomination. Mr. James Taylor and Mr. John Dixon. We also propose that the three of the Candidates who, on casting up the Poll, shall appear to have the greatest number of Votes, be declared elected.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House are of opinion that two Engrossing Clerks are fully equal to the business of the presnt Session, and therefore cannot recede from their proposition on that head, should a greater number appear to be necessary in the progress of business, we shall then concur with the Senate in appointing a third.

Mr. Benjamin Williams presented the Memorial of William H. Hill of the Town of Wilmington, setting forth that the late Election for a Member to represent the said Town in this House was conducted in an illegal manner, and praying that an investigation of the legality of the said Election be had. Ordered that the Memorial be referred to the Committee of Privileges and Elections.

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

Met according to adjournment.

Received from the Senate a Message proposing the appointment of a Committee on Revenue, which being read was ordered to lie on the Table.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message & resolution of the Senate appointing a Committee on Revenue, to which this House did not concur, because they had previously entered into one on the same subject, which had given more extensive powers to that Committee.

Mr. John Wallace, one of the Members for Carteret County, appeared, was qualified and took his seat.

Whereupon Mr. Wallace 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 the reasons given were deemed sufficient to exonerate him from the penalty prescribed by Law.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received your second Message relative to the appointment of Engrossing and Committee Clerks by which we are sorry to find you have not concurred with our last proposition on that head. We are still of opinion a less number than three will be unequal to the transaction of the business with dispatch, therefore again request your attention to our first Message on this business and hope you will concur therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have concurred with the proposition of yours relative to Engrossing & Committee Clerks and have added Mr. William Strange to the nomination already made.

We propose that the two Houses proceed to ballot immediately and have appointed Mr. Hamilton & Mr. Bryant on the part of this House to superintend the balloting.

Mr. Zebedee Wood, one of the Members for Randolph County, 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 did, and the reasons given were deemed sufficient to exonerate him from the penalty prescribed by Law.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

Mr. Montgomery & Mr. McKinnie are appointed, on the part of

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the Senate, to superintend the balloting, and we agree with you in proceeding immediately on that business.

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

The House met according to adjournment.

Mr. Hamilton, from the Joint Balloting for three Engrossing and Committee Clerks, Reported that Pleasant Henderson, Curtis Ivey and John Dickson were Elected by a Majority of the Votes of both Houses.

The House taking this report into consideration Concurred therewith.

Mr. Person presented the Memorial and Petition of William Smith, of the Commonwealth of Virginia, which being read was referred to the Committee of Claims and sent to the Senate.

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

To His Excellency Samuel Johnston, Esquire, Captain-General, Governor, &c.:

Sir:

The General Assembly are now formed and ready to receive from your Excellency such public papers and dispatches as you may have to lay before them for their consideration.

Ordered that the foregoing Message be sent to the Senate for their Concurrence, together with the following Message:

Mr. Speaker & Gentlemen:

We propose that the address herewith sent you be presented to His Excellency the Governor, and have on our parts appointed Mr. Phill. Hawkins & Mr. Person to wait on him with the same.

Mr. Joseph Stewart presented the Petition of James McMasters, praying, &c., which being read was referred to the Committee of Propositions & Grievances & sent to the Senate.

The Honourable the Speaker laid before the House a Letter from John Fitch, of the City of Philadelphia, on the subject of the Steam Boat, which being read was ordered to be sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree to the Message by you proposed to be presented to His Excellency the Governor, and have appointed Mr. Bloodworth and Mr. Ashe, on the part of this House, to attend and present him with the same.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received and considered of your Message relative to the appointment of a Committee of Finance and powers to be granted them, with which we cannot concur, but propose that the resolution herewith sent you on the same subject be adopted in lieu thereof; should it meet your approbation, Mr. Ashe, Mr. Blount, Mr. Gallaway, Mr. Skinner, Mr. Gregory, Mr. Charles Johnson and Mr. Lenoir are appointed, on the part of this House, a Committee of Finance. We have also appointed Mr. Charles Johnson, Mr. Ashe, Mr. Gallaway, Mr. Blount, Mr. Willis, Mr. Bloodworth and Mr. John Johnston to act jointly with the Gentlemen by you named for the purpose of preparing and introducing Bills of a public nature.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have received your Resolve and Message relative to the Powers given to the Committee of Finance and have concurred therewith. This House do continue their first nomination of Members for their Committee, except only that the name of Mr. B. Williams is withdrawn and that of Mr. Guion inserted in place thereof.

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

A Bill to impower the County Court of Pitt to lay a Tax annually for the purpose of building a new Court House, Prison and Stocks, and for keeping the same in repair;

A Bill to repeal part of an Act passed at Tarborough Intituled “an Act to amend an Act to regulate the Inspection of Tobacco within this State”;

A Bill to repeal part of an Act for increasing the Jurisdiction of the County Courts of Pleas and Quarter Sessions, of the Justices of the Peace out of Court and directing the time of holding Courts in this State.

Received from the Senate the Petition of John Blair, John Gillispie

and others. Endorsed, read and referred to Mr. Hargett, Mr. Gowdy and Mr. Hill, on the part of this House; which being read was referred on the part of this House, to Mr. Hamilton of Guilford, Mr. Mebane, Mr. Stokes and Mr. Gillispie and returned.

The Bill to repeal part of an Act intitled “an Act for increasing the Jurisdiction of the County Courts of Pleas and Quarter Sessions,” &c., was read the first time and rejected.

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

The Bill to impower the County Court of Pitt to lay a Tax annually for the purpose of building a new Court House, Prison and Stocks, & for keeping the same in repair, was read the first time, passed and sent to the Senate.

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

Received from the Senate the Petition of Sundry Inhabitants of the Western Country. 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 resignation of William Sherrod as a Justice of the peace for Pitt County; The resignation of John Brinson as a Justice of the Peace for Onslow County, and the resignation of Richard Carney as a Justice of the Peace for Halifax County. Severally endorsed, read and accepted; which being read, were accepted by this House and returned.

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

The House met according to adjournment.

Mr. Ben Williams presented the Petition of John Whitley, late Commissioner of Johnston County, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Phifer presented the Petition of James Barr, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Porter presented the resignations of Shadrick Hogan and William Nevil, two of the Justices of the Peace for Rutherford County, which being read were accepted by this House and sent to the Senate.

Resolved, That the expence of fixing Stoves in the brick building for the use of the General Assembly shall be reimbursed the Commissioners or Trustees of the said building.

Mr. Burwell Mooring, one of the Members for Wayne County, appeared, was qualified and took his seat.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

It is the opinion of this House that seven Members of any Committee during the present Session shall be a quorum for the transaction of business.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that Seven Members of any of the Committees appointed this Session be a quorum for the transaction of business.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We do not agree with you in submitting the Memorial of William Smith to the consideration of the Committee of Claims, but propose that it be referred for adjustment to the Comptroller, and that he be directed to make such allowance thereon as shall appear to him equitable and just.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House do consent that the Memorial of William Smith be referred to the Comptroller, and that he be directed to make such allowance thereon as shall appear to him to be just.

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

A Bill for altering the name of James Rowsom to that of James Long, and

A Bill for dividing the County of Surry into two distinct Counties and for other purposes.

Received from the Senate the Memorial of William Evans. Endorsed,

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

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

The Bill for altering the name of James Rowsom to that of James Long, was read the first time, passed and sent to the Senate.

The Bill for dividing the County of Surry into two distinct Counties and for other purposes, was read the first time, passed and sent to the Senate.

Received from the Senate a Message proposing the appointment of a Committee to take under consideration the necessary and most eligible plan for extinguishing the Certificate debt owing by this State, which being read was ordered to lie on the Table.

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

Met according to adjournment.

Received from His Excellency the Governor, the following Message:

To the Honorable the General Assembly:

Gentlemen:

In pursuance of your Message of yesterday, I send you all the publick papers and dispatches which have been received by me since the last Session of the General Assembly, which, with the Journal of the Council of State and my Letter Book, contain all the information which I have to lay before you at present.

None of the public Tobacco could be sold for Cash, so that it has not been in my power to discharge the Debt due from this State to the Government of Martinique, it is therefore proper that you attend to that business and enable me to give satisfaction to the Consul of France, who is very importunate in his Demands.

It is not in my power to give a full State of the Sales of the public Tobacco, not having yet received the returns from the District of Halifax.

SAM. JOHNSTON.

Fayetteville, 5th November, 1789.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message from His Excellency the Governor,

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addressed to the General Assembly, together with the several public papers and dispatches therein referred to.

Mr. Benjamin Sheppard, one of the Members for Dobbs County, appeared, was qualified and took his seat.

Resolved, That Mr. Ewing, Mr. Love, Mr. Brown, Mr. Phifer, Mr. Person, Mr. Norfleet, Mr. Montgomery, Mr. Guion, Mr. Dixon and Mr. Speller, be a Commitete to hear the reasons which may be oftered by such Members of this House who failed to give their personal attendance on the day appointed for the meeting of the General Assembly, and make report.

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

The House resumed the consideration of the Message of the Senate proposing the appointment of a Committee to take under consideration the necessary and most eligible plan to be taken for extinguishing the Certificate debt owing by this State, which is in the words following:

Mr. Speaker & Gentlemen:

We propose that a joint Committee be appointed to take under their consideration and report the amount of the Certificate debt due by this State, and what steps are most eligible to be taken for the extinguishment of the same. Should this proposition meet your concurrence, Mr. Willis, Mr. Macon, Mr. Gregory, Mr. Bloodworth, Mr. Blount, Mr. Lenoir, Mr. Smith, Mr. Lane, Mr. Gallaway and Mr. Carter will, on the part of this House, act with such Gentlemen as you may appoint for the above mentioned purposes.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have appointed Mr. Rice, Mr. Ewing, Mr. Ray, Mr. Scott, Mr. Holland, Mr. McDowall, Mr. Stokes, Mr. Chambers, Mr. Yancey, Mr. Mebane, Mr. P. Hawkins, Mr. Qualls, Mr. Hamilton of Edenton, Mr. Montgomery, Mr. Guion, Mr. B. Williams, Mr. Dickson, Mr. Jones, Mr. Grove and Mr. Spiller a Committee on their part, to act with the Gentlemen by you appointed as a Committee to take under consideration the necessary and most eligible plan to be taken for extinguishing the Certificate debt owing by this State.

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

The House met according to adjournment.

Received from the Senate a Bill to impower the County Court of Pitt to lay a Tax annually for the purpose of building a new Court House, Prison and Stocks, and for keeping the same in repair. Endorsed, read the second time, amended and passed. This Bill was read for the second time in this House, was amended, passed and returned to the Senate.

Received from the Senate a Bill for the recovery of debts according to Contract. Endorsed, read the first time and passed. This Bill was read for the first reading in this House, passed and returned to the Senate.

Mr. Phifer presented the representation of David Campbell, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Guion presented the resignation of William Good, one of the Justices of the Peace for Craven County, which being read was accepted by this House and sent to the Senate.

Received from the Senate a Bill to confirm unto Greenbury Sutton an indefeasible title to certain Lands therein mentioned in Perquimans County. Endorsed, read the first time and passed.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill to confirm unto Greenbury Sutton an indefeasable title to certain Lands therein mentioned together with the Petitions of the said Sutton and the affidavits accompanying the same be committed to a joint Committee from both Houses who shall ascertain the facts relative to the matters of hardship stated in the Petition and report thereon, with their opinion as to the propriety or impropriety of passing the Bill. We have nominated on our parts, Mr. Stokes, Mr. Hamilton of Edenton, Mr. Peete, Mr. Jones & Mr. Sheppard for this purpose.

Mr. Thomas Poole Williams presented the resignation of Josiah Nicholson, as a Justice of the Peace for Currituck County, which being read was accepted by this House and sent to the Senate.

Mr. Francis Pugh presented the Memorial of Humphrey Hardy, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Resolved, That all Bills of a public nature be noted for reading at least one day previous to the second or third reading.

Mr. Norfleet presented the Petition of Ptolemy Powell, praying, &c., which being read was referred to the Committee of Propositions and Grievances & sent to the Senate.

Mr. Alderson moved for leave and presented a Bill for erecting Pungo river and other inlets in Hyde county into a district port by the name of—which being read the first time was passed and sent to the Senate.

Ordered that Mr. Person be added to the Committee appointed to take under consideration and report the amount of the Certificate debt due by this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. Person to the Committee appointed to take under consideration and report the amount of the Certificate debt due by this State.

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

Resolved, That no Member of the General Assembly, who shall be absent from the service thereof upon leave, shall draw pay as a Member for the time of such absence.

On a motion made by Mr. Stokes and seconded by Mr. Pride,

Resolved, That a Committee of two Members from each district within this State be appointed for the special purpose of drawing a Bill to equalize the Land Tax, and for ascertaining the several subjects of Taxation for the ensuing year.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that a joint Committee of both Houses be appointed for the special purpose of drawing a Bill to equalize the Land Tax, and for ascertaining the several subjects of Taxation for the ensuing year. We have on our parts appointed two Members from each District for this purpose who are Mr. Rhea, Mr. Wilson, Mr. White, Mr. Love, Mr. McDowall, Mr. Porter, Mr. Lock, Mr. Stokes, Mr. Dickens, Mr. Mebane, Mr. P. Hawkins, Mr. Pride, Mr. Pool Williams,

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Mr. Dauge, Mr. Williams, Mr. Guion, Mr. Dickson, Mr. Sneed, Mr. Grove & Mr. Spiller.

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

Met according to adjournment.

Mr. William R. Davie, the Member for the Town of Halifax, appeared, was qualified and took his seat.

Mr. Person, from the Committee of Privileges and Elections, delivered in the following report, to-wit:

The Committee of Privileges and Elections to whom the Memorial of William Henry Hill was referred, Report,

That having taken under consideration the said Memorial and strictly inquiring into the charges and allegations therein set forth, are of opinion that they are not supported by sufficient testimony and that Mr. Jones the sitting Member is intitled to a seat in the present General Assembly.

All which is submitted.

THOMAS PERSON, Chr.

The House taking this report into consideration concurred therewith.

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

The House met according to adjournment.

Ordered that Mr. Davie be added to the Committee on Public Bills, on Finance, and the Committee appointed to take under consideration the necessary & most eligible plan for extinguishing the Certificate debt due by this State.

Ordered that the following Message be sent to the Senate.

Mr. Speaker & Gentlemen:

We have added Mr. Davie to the Committee on Public Bills, Finance, and the Committee appointed to take under consideration the necessary and most eligible plan for extinguishing the Certificate debt due by this State.

Mr. Stokes moved for leave and presented a Bill for levying a Tax in the District of Salisbury for finishing the Court House, and repairing the Jail for the said district, which was read the first time, passed and sent to the Senate.

Mr. Rhea presented the Memorial of Brigadier-General Joseph Martin, which being read was referred to the Committee on Indian Affairs and sent to the Senate.

Mr. Davie presented the resignation of Goodorum Davis, as a Justice of the Peace for Halifax County, which being read was accepted by this House and sent to the Senate.

Received from the Senate a Bill to impower the County Court of Pitt to lay a tax annually for the purpose of building a Court House, Prison and Stocks, and for keeping the same in repair. Endorsed, read the first time and passed. This Bill was read the third time in this House, passed and ordered to be Engrossed.

Mr. Johnston moved for leave and presented a Bill to release Joseph Stacey of Montgomery County from the forfeiture of a recognizance, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Message of this days date from His Excellency the Governor, together with the public papers accompanying it, we have received, and as you appear to have taken no order thereon, we herewith return them to you referred in the following manner, vizt: That the files of papers numbered three, four, six and eight, containing Letters respecting the Martinique demand accounts of this State with the U. States, Sales of the public Tobacco, and Letters from the Commissioners of Army Accounts be reported on by the Committee of Finance;

That the files No. 5 & 2 be submitted to the consideration of a joint Committee to be styled the Committee on Indian Affairs, on which Committee we have appointed Mr. Gillispie, Mr. Smith and Mr. Lenoir, who will act with such Gentlemen as you may name for this purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the paper laid before the General Assembly by His Excellency the Governor, be referred as by you proposed. We have also on our parts, appointed Mr. Blount, Mr. Davie, Mr. Outlaw. Mr. Holand, Mr. Brevard and Mr. Scott a Committee on Indian Affairs.

Mr. Maclaine moved for leave and presented a Bill for dividing the County of Hawkins.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Petition from sundry of the Inhabitants of Hawkins County, praying a division of the County, together with a Bill for that purpose which we propose referring to a joint Committee, who shall examine into the truth of the allegations set forth in the Petition and report their opinion with respect to the expediency of the division. We have for this purpose appointed Mr. Blount, Mr. Davie, Mr. White, Mr. Dickens, Mr. Person & Mr. Scott.

Mr. Spruill moved for leave and presented a Bill to compel Josiah Collins, Nathaniel Allen and Samuel Dickinson, Esquires, to pay a County and Parrish Tax in the County of Tyrrell for the Property they hold in said County, which was read 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 the same rules of reading and passing Bills into Laws be observed this Session, that were observed the last Session of Assembly.

Mr. Qualls presented the Claim of John Eaton, Coroner of Halifax County. Ordered that the same be referred to the Committee of Claims.

Received from the Senate the resignation of Shadrick Hogan, William Nevill, William Good and Josiah Nicholson as Justices of the Peace. Severally endorsed, read and accepted.

Mr. Holland presented the resignation of James Lytle as a Justice of the Peace for Lincoln County; which being read, was accepted by this House and sent to the Senate.

Resolved, That all claims to be exhibited for allowance to the present Assembly shall be, in the first instance, exhibited to the Committee of Claims, and not to either House.

Received from the Senate the folowing Message:

Mr. Speaker & Gentlemen:

We propose that a joint Committee be appointed to take under consideration and report on the Letters and papers now before the Assembly, relative to the conduct of General Joseph Martin, for

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which purpose we have appointed Mr. Blount, Mr. Smith, Mr. Skinner, Mr. Montgomery and Mr. Mayo, who will act with such Gentlemen as you may think proper to name for this purpose.

Ordered that the following Message be sent to the Senate:

Mr. Speaker and Gentlemen:

This House concurs with the Senate in referring the papers relative to the conduct of General Martin, to a joint Committee, and have on our parts appointed Mr. Davie, Mr. Blount, Mr. Williams, Mr. Stokes, Mr. McDowall and Mr. Wilson.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree with you in referring the Petition of Greenbury Sutton to a joint Committee, and that they be directed to report specially thereon, and have appointed Mr. Skinner, Mr. Lenoir, Mr. Gallaway and Mr. Harget to act with the Gentlemen by you named.

Received from the Senate the Petitions of John Whitley, James Barr, James Fletcher, Ptolemy Powell and Humphrey Hardey. Severally endorsed, read and referred as by the House of Commons.

Received from the Senate the Petition of John Simmons, and the Petition of Unity Wilson. Endorsed, read and referred to the Committee appointed on the Memorial of Greenbury Sutton; which being read, were referred as by the Senate and returned.

Received from the Senate the resignation of Aaron Hill as a Justice of the Peace for Randolph County, and the resignation of Joseph McPherson as a justice of the Peace for Craven County. Endorsed, read and accepted; which being read, were accepted by this House and returned.

Received from the Senate two Resolves of this House, one for reimbursing the Commissioners or Trustees the expence of fixing Stoves in the brick building, the other declaring that no member of the General Assembly shall be allowed to draw pay for any time they may be absent upon leave, concurred with.

Received from the Senate a resolution of that House requesting the Commisioners or Trustees of the brick building to purchase and-Irons, &c.; which being read, was concurred with and returned.

Received from the Senate the representation of David Campbell. Endorsed, read and referred as by the House of Commons.

The House adjourned until Monday Morning 10 O’Clock.

The House met according to Adjournment.

Received from the Senate the following Mesages:

Mr. Speaker & Gentlemen:

We agree that the rules observed by the last Assembly in reading and passing Bills be adhered to by the present Assembly.

Mr. Speaker & Gentlemen:

Mr. A. Bryan, Mr. Bloodworth, Mr. Clinton, Mr. Macon, Mr. Skinner, Mr. Smith, Mr. Lucas, Mr. Gowdy, Mr. Carter and Mr. Jos. Dickson will on the part of this House act with the Gentlemen by you named for the purpose of preparing a Bill Equalizing the Land Tax, and ascertaining the several subjects of Taxation for the ensuing year.

Mr. Speaker & Gentlemen:

We have added Mr. Sevier to the Committee appointed to report on Indian Affairs.

Mr. Wood presented the Petition of sundry of the Inhabitants of Anson County praying that the said County be added to, and made a part of the District of Fayetteville, which being read, Mr. Wood then moved for leave and presented a Bill to answer the prayer of the said Petition, which was read the first time, passed and sent to the Senate.

Mr. Grove presented the Petition of sundry of the inhabitants of Bladen County praying that a part thereof be added to the County of Cumberland, which being read, Mr. Grove then moved for leave and presented a Bill to answer the prayer of the Petition, which was read the first time, passed and sent to the Senate.

Received from the Senate a resolution of that House directing the Treasurer to advance on loan to Gotlieb Shober three Hundred Pounds, which being read was concurred with and returned.

Mr. Lock, from the Committee appointed to consider and report what Bills of a public nature are necessary to be passed into Laws, reported:

1. A Bill to carry into effect the ordinance of the late Convention at Hillsborough.

2. A Bill for raising a Revenue for the payment of the Civil List and Contingent charges of Government.

3. A Bill for establishing an University.

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4. A Bill to amend an Act intitled “an Act to regulate the descent of real estates, to do away entails, to make provision for widows, and to prevent frauds in the execution of last Wills and Testaments.”

5. A Bill to amend an Act intitled “an Act for making process in equity effectual against Persons who abscond, and who will reside without the limits of the State and for better regulating the proceedings in the Courts of Equity.

6. A Bill to amend an Act intituled “an Act concerning proving Wills and granting letters of administration, and to prevent frauds in the management of Intestates Estates.”

7. A Bill to amend an Act intituled “an Act for establishing Courts of Law and regulating the proceedings therein.”

Which are submitted.

The House taking this report into Consideration concurred therewith.

Mr. Jacob Leonard, one of the Members for Brunswick County, appeared, was qualified and took his seat.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We propose that the General Assembly proceed to ballot on Saturday next at 4 O’clock in the afternoon for a Governor of this State for the ensuing year, and also for the place at which the next Assembly shall be held. We nominate for Governor His Excellency Samuel Johnston, Esquire, and for the place at which the next Assembly shall be held, the Towns of New Bern, Fayetteville, Tarborough, Hillsborough, Salem and Warrenton.

Mr. Speaker & Gentlemen:

We herewith send you the Petition of Daniel Williams, late an officer in the Continental Line of this State, the subject matter of which we propose shall be reported on by a joint Committee, and have for this purpose on our parts, appointed Mr. Macon, Mr. Bloodworth & Mr. Harget.

The Honorable the Speaker, laid before the House a Letter from James Iredell, Esquire, on the subject of the revisal of the Laws of this State, together with other papers relative to the same subject, which being read were referred on the part of this House, to Mr. Davie, Mr. Hamilton, Mr. Spiller, Mr. Person & Mr. Blount.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message proposing to ballot on Saturday next at 4 O’clock in the afternoon for a Governor of this State for the ensuing year, and also for the place where the next Assembly shall be held, with which we have concurred. We have also received your Message proposing that the Petition of Daniel Williams be referred to a joint Committee, and have on our parts appointed Mr. Jones, Mr. Brevard, Mr. Pugh, Mr. Mebane and Mr. Spiller.

This House agree that the Bill and Petition for the Division of Washington be referred to the Committee appointed to report on the Bill, &c., for the division of Hawkins.

We herewith send you a Letter from James Iredell, Esquire, on the subject of the revisal of the Laws of this State, which we propose referring to a joint Committee to report on, and have on our parts appointed Mr. Davie, Mr. Hamilton, Mr. Spiller, Mr. Person and Mr. Blount.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

Mr. Lane, Mr. Gray and Mr. Clinton will, on the part of this House, act with the Gentlemen by you appointed for the purpose of enquiring into the expediency of dividing Hawkins County. We also propose that the Bill and Petition herewith sent you for the division of Washington County be reported on by the same Committee.

Mr. Davie presented the Memorial of Isaac Alexander, which being read, was referred to the Committee of Propositions and Grievances, and sent to the Senate.

Mr. Wallace moved for leave and presented a Bill to erect a light House on Ocracoke Island, which was read the first time, passed and sent to the Senate.

Mr. Phifer presented the Petition of John Michel Winecoff, which being read, was referred to the Committee appointed on the Petition of Greenbury Sutton and sent to the Senate.

Received from the Senate the Petition of the Inhabitants of Surry County; the Memorial of John Williams of Caswell County, and the Petition of Daniel McCarthey. Severally endorsed, read and referred to the Committee of Propositions and Grievances; which being read, were referred as by the Senate and returned.

Mr. Davie presented the Petition of sundry of the Inhabitants of

Halifax County, praying that the 65th Section of an Act intitled “an Act for establishing Courts of Law,” be repealed, which being read was referred to the Committee on Public Bills and sent to the Senate.

Mr. Hamilton presented the Memorial of Doctor Frederick Ramche, which being read was referred to the Committee on Public Bills and sent to the Senate.

Received from the Senate the Memorial of General Joseph Martin. Endorsed, read and referred as by the House of Commons.

Received also the Petition of George Holyboy, and the Claim of Richard Moss. Endorsed, read and referred to the Committee of Claims; which being read was referred as by the Senate and returned.

Received from the Senate the report of the Committee on the Petition of John Simmons, concurred with by that House, which being read was concurred with by this House and returned.

Received from the Senate the Report of the Committee on the Petition of Greenbury Sutton, concurred with; which being read was concurred with by this House and returned.

Received from the Senate a Bill to prevent the exportation of raw hides, pieces of Hides of black Cattle and Calf Skins, Beaver, Rackoon and Fox furs. Endorsed, read the first time & passed.

This Bill was read the first time in this House, passed and returned to the Senate.

Received from the Senate a Bill for erecting and establishing a Town at Hawkins Court House. Endorsed, read the first time and passed.

This Bill was read for the first reading in this House, passed and returned to the Senate.

Received from the Senate a 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.” Endorsed, read the first time and passed.

This Bill was read for the first reading in this House, passed and returned to the Senate.

Received from the Senate a Bill for levying a Tax in the District of Salisbury for finishing the Court House and repairing the Jail for the said District. Endorsed, read the first time and passed.

This Bill was read for the second reading in this House, passed and returned to the Senate.

Received from the Senate the Bill for altering the name of James

Rowsom to that of James Long. Endorsed, read the first time and passed.

This Bill was read for the second reading in this House, passed and returned to the Senate.

Received from the Senate a Bill to repeal part of an Act intitled “an Act 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 first time and passed.

This Bill was read for the first reading in this House, passed and returned to the Senate.

Ordered that Mr. Stokes be added to the Committee on Public Bills and the Committee on Finance, and that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. Stokes to the Committee on Public Bills and the Committee on Finance.

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

A Bill to release oseph Starkey of Montgomery County, from the forfeiture of a recognizance;

A Bill to annex the County of Anson to Fayetteville district, &c.;

A Bill to direct Josiah Collins, Nathaniel Allen and Samuel Dickinson, Esquires, to pay County & Parish Tax in the County of Tyrrell, &c.;

A Bill for erecting Pungo River and the other Inlets in Hyde County into a distinct Port, &c.;

A Bill to add part of Bladen County to Cumberland County.

Received also a Bill to repeal part of the fifth Section of an act intitled “an Act to regulate the Inspection of Tobacco in this State.” Endorsed, read the second time & passed.

Mr. Alderson moved for leave to withdraw for amendment The Bill for erecting Pungo River and the other Rivers in Hyde County into a distinct port, &c. Ordered that he have leave.

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

The House met according to adjournment.

Mr. Nickson presented the Claims of John Hill and John Charles,

which being read were referred to the Committee of Claims and sent to the Senate.

Resolved, That the public Treasurer be and he is hereby directed to pay as follows, to-wit: to John Armstrong of Orange County, for bringing the books and papers of the Treasury from Hillsborough to the Town of Fayetteville, the sum of three pounds; and to Roswell Huntington, James Pratt, John Faddis, James Patterson, John Faucett, Frederick Taylor, Robert Scoby, John Scoby and David Rainey, being nine of the Orange Company of Horse employed to guard the removal of the money in the Treasury from Hillsborough to Fayetteville, the Sum of Five Pounds each, together with the necessary travelling expences of the said Guard in going to and returning from Fayetteville, estimating their expences in returning at what they may have been in coming.

Mr. Bonds moved for leave and presented a Bill to repeal part of an Act pased at Fayetteville, 1786, intitled “an Act to impose a duty on all Slaves brought into this State by Land or Water;” which was read the first time, passed and sent to the Senate.

Mr. Davie presented the Petition of Benjamin Sheppard, which being read was referred to the Committee of Claims, and sent to the Senate.

Mr. Edward Jones presented the Petition of Thomas Withers and others whose names are thereunto subscribed, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Rhea moved for leave and presented a Bill to amend an Act intitled “an Act to prevent the obtaining of grants of Lands lying in the Western parts of this State to the prejudice of the first entries, and entered in the land office lately established for receiving entries of claims of such Lands, by an Act intitled ‘an Act for opening the land office for the redemption of Specie and other Certificates,’ and discharging the arrears due to the Army passed at Fayetteville,” which was read the first time, passed & sent to the Senate.

Mr. Hamilton of Edenton, moved for leave and presented a Bill to enable Creditors more easily to recover their debts from joint partners and upon joint notes, which was read the first time, passed and sent to the Senate.

Mr. Chesson presented the Petition of sundry of the Inhabitants of Tyrrell County, praying that a Town be established on the Lands

of John Marriner, &c.; which being read, Mr. Chesson then moved for leave and presented a Bill to answer the prayer of the said Petition; which was read the first time, passed and sent to the Senate.

Mr. Outlaw moved for leave and presented a Bill to extend the Civil and Military authority of this State to the Inhabitants South of French Broad and Holston rivers, which was read the first time, passed and sent to the Senate.

Mr. Edward Jones moved for leave and presented a Bill to repeal part of an act intitled “an Act to explain an Act directing the duty of Naval Officers, and all Masters of Vessels coming into the Ports and Inlets of this State;” which was read the first time, passed and sent to the Senate.

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

Mr. Mebane presented the Petition of George Hoskins of the Town of Hillsborough, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

The Honorable the Speaker, laid before the House a statement of the accounts and vouchers delivered by the Comptroller to Mr. Abisha Thomas, one of the Commissioners appointed to settle and ajust the accounts of this State with the United States, and other papers relating to that subject; which being read the following Message was ordered to be sent to the Senate.

Mr. Speaker & Gentlemen:

We herewith send you an address from the Comptroller containing a list of papers delivered to the Commissioners appointed to liquidate finally the accounts of this State with the United States, and also sundry papers stating the amount of the Certificate debts now due from this State to individuals, we propose that all the said papers except those last mentioned be referred to the Committee of Finance and that the papers relating to the Certificate debt be referred to the Committee to consider what are the most eligible means to be adopted for the extinction of the Certificate debt.

Mr. Davie moved for leave and presented a Bill to amend an Act intitled “an Act directing the mode of proceeding against the real estate of deceased debtors where the personal estate is insufficient for the payment of the debts;” which was read the first time, passed and sent to the Senate.

Mr. Davie moved for leave and presented a Bill to amend an Act intitled “an Act for establishing Courts of Law, and for regulating the proceedings therein,” and another Act intitled “an Act for giving an Equity jurisdiction of the Superior Courts;” which was read the first time, passed & sent to the Senate.

Received from the Senate the resolution of this House allowing five pounds to each of the light Horsemen who came from Hillsbo. to Fayetteville as a Guard to the Money in the Treasury, &c., concurred with.

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

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

Received from the Senate the Memorial of Thomas Vail. Endorsed, read and referred to the Committee of Propositions and Grievances; which being read was referred as by the Senate and returned.

Mr. Davie presented the Petition of James Hogg, Executor of Thomas Burke, Esquire, deceased; 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 agree that the Letter from James Iredell, Esquire, be reported on by a joint Committee, and have appointed Mr. Skinner, Mr. Lenoir and Mr. Blount to act with the Gentlemen by you named for this purpose.

The Bill to direct Josiah Collins, Nathaniel Allen and Samuel Dickinson, Esquires, to pay a County and Parish Tax in the County of Tyrrell for the property they hold in said County, was read the second time and rejected.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This House having received information of the death of the Honbl.

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Richard Caswell, our late Speaker, we propose that a joint Committee be appointed to direct and conduct the mode and order of his interment, and have on our part appointed for this purpose Mr. Blount, Mr. Skinner and Mr. Bloodworth.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have received the Message of yours containing the information of the much to be lamented death of your late Speaker, and concur with your proposition for a Committee to direct the mode of his interment, have appointed Mr. Davie, Mr. Stokes, Mr. Blount, Mr. Leak, Mr. Hawkins and Mr. Person a Committee on our part for that purpose.

The Bill to add part of Bladen County to Cumberland, was read the second time, amended, passed and sent to the Senate.

The Bill to release Joseph Stacey of Montgomery County, from the forfeiture of a Recognizance, was read the second time, passed and sent to the Senate.

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

The Bill to annex the County of Anson to Fayetteville District, and to regulate the appointment of Jurors to Fayetteville Superior Court, was read the second time, passed and sent to the Senate.

Ordered that the Bill to repeal the fifth Section of an Act intitled “an Act to regulate the Inspection of Tobacco in this State,” be read on Thursday for the second reading in this House.

Mr. Alderson, who had leave to withdraw for amendment the Bill for erecting Pungo River and the other Rivers in Hyde County into a distinct port, &c., declivered in the bill with the amendments; whereupon he presented the Petition of sundry of the Inhabitants of the said County praying that a separate and distinct Port be established therein; which being read, The Bill was then read for the second reading in this House, amended, passed and sent to the Senate.

Mr. Davie presented the Claim of Nathaniel Allen, which being read, was referred to the Committee of Claims and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have added Mr. Davie, Mr. Hamilton of Edenton, Mr. Person, Mr. Edwd. Jones and Mr. Johnson to the Committee appointed to equalize the Land Tax. Mr. Rhea to the Committee on Finance, and Mr. Moore to the Committee of Claims.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House propose that the Public Printer for the ensuing year be balloted for on Saturday next, at the same time that the Governor and place of holding the next Assembly are to be balloted for, and we nominate Messrs. Sibley and Howard and Messrs Hodge and Wills for that appointment.

Resolved, That no Bill of a private nature be received into either of the Houses of the General Assembly after Saturday next.

Received from the Senate the Memorial of Isaac Alexander; The Petition of Sundry Inhabitants of Halifax County; The Memorial of John Michael Wincoff, & the Memorial of Dr. Frederick Ramche. Severally endorsed, read and referred as by the House of Commons.

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

A Bill to repeal part of an Act passed at Fayetteville 1786 intitled “an Act to enforce a duty on all Slaves brought into this State,” &c.;

A Bill for layin off a Town on the Lands of John Marriner in Tyrrell County;

A Bill to carry into effect the ordinance of the Convention held at Hillsborough in July, 1788, &c.

Received also A Bill for erecting and establishing a Town at Hawkins Court House, and a Bill to prevent the exportation of Raw Hides, &c. Endorsed, read the second time and passed.

Ordered that the Bill to prevent the exportation of raw Hides, &c., and the Bill to repeal part of an Act passed at Fayetteville, 1786, intitled “an Act to inforce a duty on all Slaves brought into this State by Land or Water,” be read To-morrow for the second reading in this House, and that the Bill to carry into effect the ordinance of the Convention held at Hillsborough in July, 1788, &c.; be read on Thursday next for the second reading.

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

The House met according to adjournment.

Received from the Senate the Report of the Committee to whom was referred the mode and order of burial of the Honbl. Richard Caswell. Endorsed, read and concurred with; which being read was concurred with by this House and returned.

The House adjourned until 12 o’clock.

Met according to adjournment.

Adjourned until To-morrow 10 O’clock.

The House met according to adjournment.

Mr. Alexander Mebane, one of the Commissioners appointed to examine and punch such Cash Claims and Certificates as were in the Comptroller’s office, redeemed by the Public, and for burning such State Dollar Bills as were in the said office, presented a statement of their proceedings therein; which being read, together with other papers accompanying the same, were referred to Mr. Stokes, Mr. Brown, Mr. Person and Mr. Lock on the part of this House, and sent to the Senate with the following Message:

Mr. Speaker & Gentlemen:

We herewith send you the report of the Commissioners appointed to examine and punch the Cash Claims and Certificates in the Comptrollers office, &c., together with a recommendation of the said Commissioners in favour of the Comptroller, all which we propose referring to a joint Committee to report on, and have on our parts appointed Mr. Stoker, Mr. Brown, Mr. Person and Mr. Lock a Committee.

Mr. Lock presented the Petition of Sundry of the Inhabitants of Iredell County, praying that a part of the said County be added to Rowan County; which being read, Mr. Lock then moved for leave and presented a Bill to answer the prayer of the said Petition, which was read the first time, passed and sent to the Senate.

Mr. Lock presented the Petition of William Brandon, which being read was referred on the part of this House, to Mr. Lock, Mr. McDowall, Mr. Mebane and Mr. P. Hawkins, and sent to the Senate.

Mr. Mebane presented the Petition of John Armstrong of Orange

County, which being read was referred to the Committee on Finance and sent to the Senate.

Mr. Davie presented the Claim of Charles L. Hunter, Jailor, &c.; which being read was referred to the Committee of Claims and sent to the Senate.

Mr. Benjamin Smith, one of the Members for Brunswick County, appeared, was qualified and took his seat.

Mr. Rhea moved for leave and presented a Bill for defraying the expences of an expedition carried on against the Cherokee Indians; which was read the first time, passed and sent to the Senate.

Mr. E. Jones moved for leave and presented a Bill to amend an Act intitled “an Act to establish in the Towns of Washington, Edenton, Washington and New Bern, Courts for the speedy decision of Mercantile transactions with the Foreigners & Transient Persons, and Maritime Affairs;” which was read the first time, passed and sent to the Senate.

Mr. Davie moved for leave and presented a Bill to amend an Act intitled “an Act concerning proving of Wills & 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.

Mr. Hamilton moved for leave and presented a Bill to regulate the practice of Physic and Surgery; which was read the first time, passed and sent to the Senate.

Received from the Senate the report of the Committee on Public Bills, concurred with by that House.

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

A Bill to extend the Civil and Military authority of this State to the Inhabitants South of the French Broad & Holston Rivers;

A Bill to repeal part of an Act intituled “an Act to explain an Act directing the duty of Naval Officers and Masters of Vessels coming into the Ports and Inlets of this State;”

A Bill to erect a light house on Ocracoke Island.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the address from the Comptroller, together with the

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papers accompanying it, stand referred as by you proposed.

Mr. Johnston presented the Memorial of James Butler, which being read was referred to Mr. Hamilton, Mr. Mebane, Mr. Gillispie and Mr. Johnston and sent to the Senate.

Mr. Stokes moved for leave and presented a Bill to alter the manner of fining and imprisoning offenders, which was read the first time, passed and sent to the Senate.

Mr. Edward Jones presented the Petition of John Bradley of the Town of Wilmington, praying, &c.; which being read, Mr. Jones moved for leave and presented a Bill for pardoning John Bradley of the Town of Wilmington, which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to release Joseph Stacey of Montgomery County, from the forfeiture of a recognizance. Endorsed, read the second time and passed.

A Bill for altering the name of James Rowsom to that of James Long. Endorsed, read the third time & passed.

Received also, the Claims of John Hill and John Charles. Endorsed, read and referred as by the House of Commons.

Mr. Cabarrus presented the Memorial of Spruce McKay, which being read was referred to the Committee appointed on the Petition of William Brandon, and sent to the Senate.

Mr. Chambers presented the resignation of Valentine Baird, one of the Justices of the Peace for Rowan County, which being read was accepted by this House and sent to the Senate.

Mr. Hill presented the resignation of Edmund Waddell, one of the Justices of the Peace for Randolph County, which being read was accepted by this House and sent to the Senate.

Mr. T. P. Williams moved for leave and presented a Bill to impower the Wardens of the Poor for the County of Currituck to lay a tax to enable them to settle the arrears due from said County to Persons who have supported the Poor, which was read the first time, passed and sent to the Senate.

The Bill to prevent the exportation of raw Hides, pieces of Hides of black Cattle and Calf Skins, Beaver, Rackoon and fox furs, was read the second time, passed and sent to the Seante.

The Bill to erect a light House on Ocracoke Island, was read the second time, passed and sent to the Senate.

Received from the Senate a Bill to amend an Act intitled “an Act

to prevent the obtaining of Grants for lands lying in the western parts of this State, to the prejudice of the first entries,” &c. Endorsed, read the first time and passed.

Mr. Stokes presented the Petition of Sundry of the Inhabitants of the District of Salisbury, 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 Lewis McPherson; which being read was referred to Mr. Jones, Mr. Stokes, Mr. Smith and Mr. Lock, on the part of this House, and sent to the Senate.

Received from the Senate a Bill to incorporate certain persons in every Christian Church or Congregation throughout this State, and a Bill to enable Creditors more easily to recover their debts from joint partners and upon joint notes. Endorsed, read the first time and passed.

Received from His Excellency the Governor, the following Message:

To the Honourable the General Assembly:

Gentlemen:

I herewith transmit a Letter which I have just received from Abishai Thomas, Esquire, one of the Agents appointed to settle the accounts of this State with the United States, enclosing his account of expenditures in that service.

The Pacquet referred to in the above Letter I have not yet received.

SAM JOHNSTON,

Fayetteville, 12 Nov., 1789.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message this day received from His Excellency the Governor, together with a Letter and an account of expenditures, from Abishai Thomas, Esquire, one of the Commissioners for liquidating the accounts of this State with the United States, therein referred to, all which we propose referring to the Committee of Finance to report on.

Mr. Guion moved for leave and presented a Bill to repeal part of New Bern Town Law, which was read the first time, passed and sent to the Senate.

Mr. J. Allen 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, passed and sent to the Senate.

The Bill for altering the name of James Rowsom to that of James Long, was read the third time, passed and ordered to be Engrossed.

Received from the Senate the Petition of Thomas Parker & The claim of Nathan Allen. Endorsed, read and referred as by the House of Commons.

Mr. Davie moved for leave and presented a Bill to establish an University in this State; which was read the first time, passed and sent to the Senate.

Mr. Guion moved for leave and presented a Bill to emancipate certain Negroes therein mentioned, which was read the first time, passed and sent to the Senate.

Mr. Guion moved for leave and presented a Bill to impower certain persons therein named to receive, sue for and recover all such bequests, donations, benefactions and other things as have heretofore been bequeathed, given or made by any person or persons whatsoever, for the use of the Congregation or Society of the Episcopal Communion of New Bern; which being read the first time was passed and sent to the Senate.

Received from the Senate a Bill to enable Thomas Callendar, acting Executor of the last Will of Parker Quince, late of New Hanover County, deceased, and the other persons therein named, to make sale of certain lands and Tenements, part of the residuary Estate of the said Parker Quince. Endorsed, read the first time and passed.

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

Mr. Speaker & Gentlemen:

We agree that a Public Printer be balloted for on Saturday next, agreeable to your proposition, and approve of your nomination.

Mr. Speaker & Gentlemen:

We herewith send you the Petition of Robert Gilkey and Gasper Smith, which we propose shall be reported on by a joint Committee, and have appointed for this purpose on our parts, Mr. Singleton and Mr. Sevier.

Ordered that the following Message be sent to the Senate:

We agree that the Petitions of Robert Gilkey and Gasper Smith

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be referred to a Special Committee of both Houses, and have on our parts appointed Mr. Smith, Mr. McLean, Mr. Wilson, Mr. Brevard and Mr. McDowall.

Resolved, That the Clerk of the Committee of Claims, and the Clerk of the Committee of Propositions and Grievances, be directed from day to day to advertise the time and place of meeting of those Committees respectively, for the information of all persons who may have business to transact before them.

Ordered that the Bill to amend an Act intitled “an Act to prevent the obtaining of Grants for Lands lying in the Western parts of this State, to the prejudice of the first enterers, and entered in the land office lately established for receiving entries of claims for such Lands by an Act intitled “an Act for opening the land office for the redemption of Specie and other Certificates and discharging the arrears due to the Army,” passed at Fayetteville, 1786, be read on Saturday next for the second reading in this House.

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

The House met according to adjournment.

Received from the Senate sundry claims. Endorsed, read and referred to the Committee of Claims; which being read were referred as by the Senate and returned.

Mr. Davie presented the Petition of the monthly meeting of the People called Quakers, which being read was referred on the part of this House to Mr. Davie, Mr. Lindley, Mr. Ellison and Mr. Hamilton and sent to the Senate.

The Bill to enable Thomas Callendar, acting Executor of the last Will of Parker Quince, late of New Hanover County, deceased, and the other Persons therein named, to make sale of certain Lands and Tenements, part of the residuary Estate of the said Parker Quince, was read the first time, passed and sent to the Senate.

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

A Bill to repeal part of an Act passed at Tarborough entitled “an Act to enable the County Courts to appoint Commissioners to keep open Rivers and Creeks,” &c.;

A Bill to amend an Act intitled “an Act directing the mode of

proceeding against the real estate of deceased debtors where the personal estate is insufficient,” &c.;

A Bill to establish an University in this State;

A Bill to amend an Act entitled “an Act for establishing Courts of Law and for regulating the proceedings therein,” &c.

Received also a Bill to repeal part of an Act intitled “an Act 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.” Endorsed, read the third time and passed.

Mr. Lindley presented the Petition of Jeremiah and Robert Field, which being read was referred on the part of this House, to Mr. Person, Mr. Lindley, Mr. Spiller and Mr. Peete and sent to the Senate.

The Bill to incorporate certain persons in every Christian Church or Congregation throughout this State, was read the first time and laid over until the next Assembly.

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

Mr. Speaker & Gentlemen:

We agree that the Message from His Excellency the Governor, of yesterday, together with its inclosures, be referred to the Committee of Finance as by you proposed.

Mr. Speaker & Gentlemen:

We agree that the report of the Commissioners appointed to punch the Claims and Certificates in the Comptrollers office, &c., be reported on by a joint Committee as by you proposed, and have appointed Mr. Ashe, Mr. Macon and Mr. Graham to act on the part of this House with the Gentlemen by you named.

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

Received from His Excellency the Governor, the following Message:

To the Honourable the General Assembly: Gentlemen:

I herewith send you several dispatches from the Commissioners appointed to settle the accounts of this State with the United States of America, which I received this morning.

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, accompanied with the papers and Statements therein referred to, which we propose referring to the Committee on Finance.

Ordered that Mr. Benjamin Smith be added to the Committee on Revenue and the Committee to equalize the land Tax.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. Benjamin Smith to the Committee on Revenue, and the Committee to equalize the Land Tax.

Mr. Rhea moved for leave and presented a Bill to repeal part of an Act intitled “an Act for raising a revenue for the support of Government,” and to repeal an Act intitled “an Act to suppress excessive gaming;” pased at Hillsborough, in April in the year 1784; which was read the first time, passed and sent to the Senate.

Mr. Blount presented the claims of Joseph Gardner and Mary Randolph for their attendance as Witnesses in the behalf of the State, which being read were referred to the Committee of Claims and sent to the Senate.

Mr. Wood moved for leave and presented a Bill impowering the several County Courts within this State to direct the places where the several offices of their respective Counties shall be kept; which was read the first time, passed and sent to the Senate.

Mr. Ewing moved for leave and presented a Bill to alter the present mode of swearing Petit Juries in the Courts of Law in this State; which was read the first time, passed and sent to the Senate.

Mr. Stokes presented the Petition of James Greenleaf, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Drew presented the Memorial of Andrew Jackson, which being read was referred to the Committee of Claims and sent to the Senate.

Mr. Stokes presented the Petition of Robert Lynn, in behalf of the orphans of Philip Rough, which being read was referred to the Committee on the Petition of William Branson, and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill to repeal part of an Act once more to

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extend “an Act to pardon and consign to oblivion the offences, &c., of certain Persons in the Counties of Washington, Sullivan, Greene and Hawkins,” be referred to a joint Committee who are to examine into the propriety of passing these and make report thereon; for this purpose we have on our parts, appointed Mr. Davie, Mr. Hawkins, Mr. Spiller and Mr. Hamilton of Edenton.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We herewith send you the Petition of Mary McFall, together with an order of the County Court of Bladen relative thereto, which we propose shall be referred to a special Committee to report what relief ought to be given to the Petitioner, and all others similarly circumstanced. For this purpose we have appointed Mr. Bloodworth, Mr. Skinner & Mr. Brown.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message proposing to refer the Petition of Mary McFall to a joint Committee, who are to report thereon and what relief ought to be given to her, as well as to others similarly circumstanced, and we have appointed on our parts Mr. Stewart, of Bladen, Mr. Jones of Wilmington, Mr. Sneed, Mr. Spicer and Mr. Dickson.

Received from the Senate the Petition of George Hoskins; the Petition of Thomas Withers, and the Petition of James Mebane and John Taylor. Endorsed, read and referred as by the House of Commons.

Mr. John Gray Blount, one of the Members for Beaufort County, appeared, was qualified and took his seat.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the balloting heretofore agreed on for a Governor, place at which the next Assembly shall be held, and a public Printer, be postponed to a more distant day.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have received the Message of yours proposing to postpone the balloting for a Governor, &c., to a more distant day than that before agreed on, with which we cannot concur.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the Committee appointed to report on the Petition of Greenbury Sutton do also report on the propriety of erecting a distinct Port in the County of Hyde.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the propriety of establishing a distinct Port in the County of Hyde be reported on as by proposed.

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

A Bill to amend an Act intitled “an Act directing the mode of proceeding against the real estate of deceased debtors, where the personal estate is insufficient for the payment of the debts;”

A Bill to establish an University in this State;

A Bill to amend an Act for establishing Courts of Law and for regulating the proceedings therein, and another act intitled “an Act for giving an Equity jurisdiction to the Superior Courts.”

Received from the Senate the claim of Charles L. Hunter, Jailor, &c.; The Memorial of Spruce McKay; the Petition of John Armstrong, and the Petition of Sundry Inhabitants. Severally endorsed, read and referred as by the House of Commons.

Received also the Memorial of John Butler. Endorsed, read and referred to Mr. Macon, Mr. Tho. Brown & Mr. Graham on the part of the Senate; and the Petition of William Brandon. Endorsed, read and referred to Mr. Riddick, Mr. Berger & Mr. Dickson on the part of the Senate.

Received from the Senate a Bill to erect a light House on Ocracoke Island. Endorsed, read the second time and passed.

The Bill to carry into effect the ordinance of the Convention held at Hillsboro 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,” was read the second time, and the question being put shall this bill pass, was negatived; whereupon, the yeas and nays were called for by Mr. Bonds and seconded by Mr. Lindley, which are as follows, vizt:

Yeas—Messrs. Grist, T. P. Williams, Duke, Bell, J. Allen, Sawyer, Dauge, Womack, J. Hill, E. Phillips, Sherrod, D. Rice, Dickens,

Person, Alderson, Outlaw, Yancey, Creecy, B. Williams, J. Bryan, Qualls, Norfleet, Baker, White, J. Johnston, Bonds, J. Stewart, W. Williams, S. Allen, Perry, Sutton, Armstrong, Everagin, Reading, Drew, Chesson, E. Hamilton, Guion, Hines, Spruill, P. Hawkins, Handley, W. Hawkins, Sanders, Ellison, Vick, T. Blount, Wallace, Davie, J. G. Blount.—50.

Nays:—Messrs. W. Wood, May, McKay, McDowall, Cowan, D. Stewart, Grove, Rice, Ewing, Beck, Anderson, J. Stewart, Dickson, G. Hamilton, Gillispie, Moore, King, Matthews, Brevard, Barrott, Spicer, Sneed, Phifer, Douglass, Peete, Maclaine, W. Johnston, Tindale, Tyson, Mebane, Rhea, E. Jones, A. Phillips, Bethell, Bostick, Nash, H. Brown, Scott, Edwards, T. Johnston, Love, Barnes, Blair, Lock, A. Hill, Holland, Wilson, Porter, Robeson, B. Jones, Chambers, J. Brown, Lindley, Z. Wood, Spiller, J. Thompson, Stokes, I ennard, B. Smith, Pride.—60.

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

Mr. Tyson presented the Petition of Marmaduke Maples, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Received from the Senate the claim of Joseph Gardner & Mary Randolph; The Memorial of Andrew Jackson and the Petition of James Greenlee. Endorsed, read and referred as by the House of Commons.

Received from the Senate the Petition of Jonas Hinton. Endorsed, read and referred to the Committee appointed on the Petition of Gasper Smith; which being read was referred as by the Senate and returned.

Ordered that Mr. Davie be added to the Committee appointed on the report of the Commissioners appointed to punch the Claims and Certificates in the Comptroller’s office, &c.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. Davie to the Committee appointed on the report of the Commissioners appointed to punch the claims and Certificates in the Comptroller’s office.

Received from the Senate the Petition of the monthly meeting of

the People called Quakers. Endorsed, read and referred to Mr. Gowdy, Mr. Tho. Brown and Mr. Harget, on the part of the Senate.

Received from the Senate the Petition of Jeremiah and Robert Field. Endorsed, read and referred to Mr. Gowdy, Mr. Yates and Mr. Winston, on the part of the Senate.

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

A Bill to regulate the practice of Physic and Surgery;

A Bill to repeal part of the New Bern Town Law;

A Bill for processioning Lands within this State;

A Bill to amend an Act intitled “an Act concerning proving Wills and granting Letters of Administration, and to prevent frauds in the management of intestates estates.”

Ordered that the last mentioned Bill be read To-morrow for the second reading in this House.

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

The House met according to adjournment.

Received from the Senate the Memorial of Lewis McPherson. Endorsed, read and referred to Mr. Ashe, Mr. Gregory and Mr. Skinner, on the part of the Senate.

Mr. Dickens presented the Petition of sundry of the Inhabitants of Caswell County, praying a division thereof; which being read was referred to the Committee appointed on the Petition and Bill for dividing the County of Hawkins, and sent to the Senate.

Mr. W. Johnston presented the claim of John Whitaker, which being read, was referred to the Committee of Claims and sent to the Senate.

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

Mr. Bonds moved for leave and presented a Bill for impowering the several County Courts within this State to appoint Patrolls and directing their duty in office, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Message from His Excellency the Governor, together with the papers accompanying it, we agree with you in referring to the Committee of Finance.

Mr. Hamilton, of Guilford, presented the Memorial of Hance Hamilton, which being read, was referred to the Committee of Claims and sent to the Senate.

Mr. Stokes presented the Memorial of John Whitaker, which being read, was referred to the Committee of Propositions & Grievances and sent to the Senate.

Mr. Mebane presented the Petition of George Doherty, which being read, was referred to the Committee of Claims and sent to the Senate.

Mr. John Brown presented the Petition of sundry of the Inhabitants of Burke County, praying that a part of the said County be added to Wilkes County, which being read, Mr. Brown moved for leave and presented a Bill to answer the prayer thereof; which was read the first time, passed and sent to the Senate.

Mr. E. Jones presented the Petition of James Richard, praying, &c., which being read, Mr. Jones moved for leave and presented a Bill to confirm the marriage of James Richard, of Brunswick County, with Nancy Richard, otherwise Neale, which was read the first time, passed and sent to the Senate.

Mr. Bonds presented the Petition of sundry of the Inhabitants of Leesburg, in Caswell County, on the subject of the division thereof: which being read, was referred to the Committee on the Petition for the division of Hawkins County, and sent to the Senate.

Mr. John G. Blount presented the Petition of Alexander Outlaw, of Greene County, which being read, was referred to the Committee of Claims and sent to the Senate.

Mr. J. Allen presented the resignation of Thomas Pugh, a Justice of the Peace for Bertie county, which being read, was accepted by this House and sent to the Senate.

Received from the Senate the Memorial of Older Neal. Endorsed, read and referred to the Committee on the Petition of Green bury Sutton; which being read, was referred as by the Senate and returned.

Mr. Phifer presented the Petition of sundry of the Inhabitants of Mecklenburg County, praying a division thereof; which being

read, Mr. Phifer moved for leave and presented a Bill to answer the prayer of the said Petition, which was read the first time and sent to the Senate.

The Bill for processioning Lands within this State, was read the first time, passed and sent to the Senate.

Mr. Davie moved for leave and presented a Bill providing means for the payment of the domestic debt, for the appropriating certain monies therein mentioned, and to amend an Act passed at the last Session of the General Assembly, intitled “an Act for levying a tax for the Support of Government, and for the redemption of old paper currency, Continental Money, Specie and other Certificates,” which was read the first time, passed and sent to the Senate.

Mr. Wilson moved for leave and presented a Bill for granting a longer time for the surveying of certain lands, which was read the first time, passed and sent to the Senate.

Mr. Davie, from the Committee to whom was referred the Petition of the monthly meeting of the People called Quakers, delivered in the following Report:

Your Committee to whom was referred the Petition of the monthly meeting of the people called Quakers, of New Garden in Guilford County, on examining the papers and evidence relative to the allegations of the said Petition find that a certain Richard Williams did, on the 19th day of October, 1757, convey the tract of Land mentioned in the Petition to a certain Henry Ballinger and Thomas Hunt and their Successors, for the purpose of having a meeting House, and burying rounds for the people called Quakers; it appears that the purchase was made for the use and benefit of the monthly meeting above mentioned, that Thomas Hunt and Henry Ballinger are dead, that there are no successors nor any means of appointing such. Your Committee therefore recommend that a Bill be passed vesting the said Land in fee in the said monthly meeting agreeably to the intentions of the original purchase.

All which is submitted.

WILLIAM R. DAVIE, Chn.

The House taking this report into consideration Concurred therewith. Whereupon Mr. Davie moved for leave and presented a Bill to vest certain Lands therein mentioned in the monthly meeting of the people called Quakers, of New Garden in Guilford County; which was read the first time, passed and sent to the Senate.

Mr. Guion presented the Memorial of Sundry of the Inhabitants of Craven County, setting forth, &c.; which being read, Mr. Guion moved for leave and presented a Bill to alter and amend an Act of the General Assembly passed in the year 1784, intitled “an Act to prevent the exportation of unmerchantable Commodities;” which was read the first time, passed and sent to the Senate.

The Bill to repeal part of an Act passed at Fayetteville, 1786, intitled “an Act to impose a duty on all Slaves brought into this State by land or water,” was read the second time and rejected.

Mr. Edwd. Jones presented the Petition of George Hooper & Co., and James Richie & Co.; which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Guion presented the claims of William Dudley, Jailor, John Barrington and William Good; which being read, were referred to the Committee of Claims and sent to the Senate.

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

Mr. Nash presented the claim of John McCarrell, which being read, was referred to the Committee of Claims and sent to the Senate.

Mr. Guion presented the Claim of Doctor Wm. McClure, which being read, was referred to the Committee of Claims and sent to the Senate.

The Bill to amend an Act intitled “an Act directing the mode of proceeding against the real estate of deceased debtors, where the personal estate is insufficient for the payment of the debts;” was read the second time, amended, passed and sent to the Senate.

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

A Bill for pardoning John Bradley, of the Town of Wilmington;

A Bill to emancipate certain negroes therein mentioned;

A Bill to alter the present mode of swearing petit Juries in the Courts of Law in this State;

A Bill to alter the manner of fining and imprisoning offenders;

A Bill to repeal part of an Act intitled “an Act for raising a revenue for the support of Government,” and to repeal an Act intitled “an Act to suppress excessive gaming,” &c.;

A Bill to amend an Act intitled “an Act to establish in the Towns

of Washington, Edenton, New Bern and Wilmington Courts for the speedy decision of Mercantile transactions with foreigners and transient persons and Maritime Affairs.”

Received from the Senate the resignation of Valentine Baird and Edmund Waddell, two Justices of the Peace. Endorsed, read and accepted.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have received your Message proposing that the propriety of passing the Bill to repeal part of “an Act to pardon and consign to oblivion the offences and misconduct of certain persons in the Counties of Washington, Sullivan, Greene and Hawkins,” be reported on by a joint Committee, to which we cannot agree, from these principles, that the Bill has already had a third reading in this House; of course its utility fully investigated, and that now to commit it would be contrary to all rule heretofore observed.

Ordered that Mr. Rhea have leave to withdraw for amendment the Bill to amend an Act intitled “an Act to prevent the obtaining grants for Lands lying in the Western part of the State,” &c.

Received from the Senate the Resolution of this House for exhibiting, in the first instance, all claims to the Committee of Claims, concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the propriety of dividing the Counties of Surry and Mecklenburg, and of annexing part of the County of Iredell to Rowan, and the Bill to repeal an Act to annex part of the County of Washington to Sullivan, be reported on by the Committee appointed on the Petition and Bill for the division of Hawkins County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the propriety of dividing the Counties of Surry and Mecklenburg and of annexing part of the county of Iredell to Rowan, and the Bill to repeal an Act to annex part of the County of Washington to Sullivan, be reported on as by you proposed.

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

A Bill for adding Randolph County to Salisbury District, and Rockingham County to Hillsborough District;

A Bill to impower certain persons therein named to receive, sue for and recover, all such bequests, Donations and other things as have heretofore been bequeathed, given, or made by any person or persons whatsoever, for the use of the Congregation or Society of the Episcopal Communion of New Bern;

A Bill for defraying the expences of an expedition carryed on against the Cherokee Indians;

A Bill providing means for the payment of all the domestic debt, for appropriating certain monies therein mentioned, and to amend an Act passed at the last Session of the General Assembly intitled “an Act for levying a tax for the support of Government,” &c.;

A Bill to impower the Wardens of the Poor for the County of Currituck, to lay a tax, &c.;

A Bill to authorize the County Courts in this State to annually elect a certain number of Justices in each County to attend to the business thereof, and to constitute a quorum in each County, and to impeach and try all officers guilty of misdemeanor in office, &c.

Received also, a Bill to prevent the exportation of raw Hides, &c. Endorsed, read the third time and passed.

Mr. E. Jones moved for leave and presented a Bill to allow Merchants and others, who Import Salt into this State, a drawback on the Cargoe in the Import duties; which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

Mr. Skinner and Mr. Lenoir will, on the part of this House, superintend the balloting heretofore agreed on.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have appointed on their parts, Mr. Thomas Blount and Mr. Sanders to superintend the balloting this evening for a Governor, &c.

Received from the Senate a Bill to enable Thomas Callendar, acting executor of the last Will of Parker Quince, late of New Hanover County, deceased, and the other persons therein named, to make sales of certain Lands and Tenements, part of the residuary estate of the

said Parker Quince. Endorsed, read the second time and passed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We herewith send you the Petition of William Boykin, of Wayne County, which we propose shall be referred to the consideration of a joint Committee who shall report their opinion of the hardships therein set forth, and the relief necessary to be given for this purpose. We have appointed Mr. McKinnie, Mr. Bloodworth, Mr. Gregory and Mr. A. Bryan.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message accompanied by the Petition of William Boykin, and agree that the same be referred to a joint Committee, and have on our parts appointed Mr. Davie, Mr. McDowall, Mr. Jones, Mr. Person, Mr. Spiller and Mr. Hamilton of Edenton.

Received from the Senate a resolution of that House directing the Comptroller to make an allowance to Green Duke for a waggon and Team impressed from him, &c.; which being read, was rejected, whereupon,

Resolved, That the Comptroller be, and he is hereby directed on application of Green Duke, and on his making it appear that he has not received any satisfaction for the use of a Waggon and Team Impressed from him to make such allowance for the hire of said Waggon as has been made to others in such cases, and distinguish the claim in such manner, as that if a proper one against the United States, it may be best supported.

Mr. Mebane, from the Committee to whom was referred the Petition of William Brandon, delivered in a report thereon, which being read and amended, was agreed to as follows, to-wit:

The Committee to whom the Petition of William Brandon of Rowan County was referred, Report,

That having duly enquired into the legality of the allegations set forth in the said Petition, they find them well supported, and that the Petitioner and his sureties are in such insolvent circumstances that they are utterly incapable of paying any thing towards the discharge of the debt, but what can be raised from the sale of the Lands, which if sold by execution will probably produce considerably less to the

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State than their real value; Therefore are of opinion that a resolution be passed directing the Treasurer to stop the prosecution and deliver to the said William his Bond for the purchase money on his returning back the plots of the lands so purchased, to the State, and paying all costs accruing therefrom, if any.

All which is submitted.

ALEXANDER MEBANE, Chn.

Whereas, it has been represented to this General Assembly by William Brandon of Rowan County, that he purchased of the Commissioners of Confiscated property in Salisbury District, four Tracts of Land late belonging to Henry Eustace McCulloch, on the Yadkin River, the Uwharie River and Abbot & Cane Creeks, and that he is about to be sued for the purchase Money by the Treasurer, and his Petition having been referred to a Committee, and that Committee reported that the said William Brandon and his sureties are in such insolvent Circumstances that there is no probability of their being able to pay the said purchase Money, otherwise than by the sale of the Lands, which sale may prove considerably detrimental to the State, and have recommended that he be released from the Contract, therefore,

Resolved, That the Treasurer be and he is hereby directed to abstain from the prosecution of any suit to be commenced on the Bonds given for the purchase Money aforesaid, for the said Lands, the said Brandon returning Plots of the Lands so purchased to the Secretary of State, and paying all costs which have accrued or may accrue by the commencement of the said suit before notice of this resolution to the Treasurer, and producing to the said Treasurer the Secretary’s receipt for such plots.

The House adjourned until 4 O’clock P. M.

Met according to adjournment.

Mr. John Allen Campbell, one of the Members for New Hanover County, appeared, was qualified and took his seat.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We are now ready to proceed on the balloting, and propose that th Superintendents wait on those Members who, from indisposition, cannot attend, in order to receive their votes.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House are also ready to proceed to ballot immediately for the Governor, &c., and consent that the sick absent Members be waited on by the Superintendents in order to receive their ballots; the Superintendents on our part attend you herewith for that purpose.

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

Mr. Mebane presented the resignation of Alexander Mebane, the elder, a Justice of the Peace for Orange County; which being read, was accepted and sent to the Senate.

Mr. Edward Jones presented the Petition of Patrick Travers; 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 on the Memorial of William Brandon, and the resolution of this House in consequence thereof, Concurred with by that House.

Received from the Senate a Bill for impowering the several County Courts within this State to appoint Patrolls and directing their duty in office. Endorsed, read the first time & passed.

Received from the Senate the resolution of this House directing the Comptroller to allow Green Duke for a Waggon, &c., as therein expressed, concurred with.

Mr. Guion moved for leave and presented a Bill to incorporate the Tradesmen and manufacturers of the Towns of New Bern, Wilmington, Washington and Halifax.

Mr. Guion moved for leave and presented a bill to regulate the Election for Members of Assembly in the different Towns in this State.

Mr. Hamilton of Edenton, moved for leave and presented a Bill to enable the Bastard Children of John Oggs, deceased, of the County of Pasquotank, to hold and enjoy the real and personal estate which was bequeathed to them and their heirs by the said John Oggs.

Mr. Guion moved for leave and presented a Bill for the better regulation of the Towns of New Bern, Edenton, Washington, Wilmington and Halifax.

The House adjourned until Monday Morning 10 O’clock.

The House met according to adjournment.

Mr. John Baker, one of the Members for Gates County, and Joseph McDowall, Junr., one of the Members for Burke County, appeared, were qualified and took their seats.

Mr. John G. Blount presented the Petition of John Gray and Thomas Blount, which being read, was referred to the Committee of Claims and sent to the Senate.

Mr. Mebane presented the Petition of Alcey Ross, Administrator of the Goods, &c., of Andrew Ross; which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Wood presented the resignation of James Farr as first Major of the Anson Regiment of Militia, which being read, was accepted by this House and sent to the Senate.

Mr. Thomas Blount, from the joint Balloting for a Governor, Public Printer and the place at which the next General Assembly shall be held, Reported,

That Samuel Johnston, Esquire, was elected Governor; Messrs. Hodge & Wills Public Printers, and that no one place in nomination for holding the next General Assembly at had a Majority of Votes.

The House taking this report into Consideration Concurred therewith.

The Bill to confirm unto William Boykin an indefeasible title to certain lands therein mentioned in Wayne County, was read the first time, passed & sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

This being the day fixed on for the meeting of the Convention, we propose that the two Houses adjourn until Thursday next in order to forward that business.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message proposing that the two Houses adjourn till Thursday next. We cannot agree to this proposition, believing that it would be more eligible for the Assembly to Adjourn from two days to two days and therefore proposed in lieu thereof that the two Houses adjourn to Wednesday next.

The Bill for erecting and establishing a Town at Hawkins Court House was read the second time, passed and sent to the Senate.

Mr. John G. Blount presented the Petition of James Bonner and the Petition of Henry Smaw; which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Benj. Smith presented the Memorial and Petition of Thomas Horsey of Derby, in the State of Connecticut; which being read, was referred to Mr. Hawkins, Mr. Person, Mr. Hamilton, Mr. Lock and Mr. Jones, on the part of this House, and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the two Members from each House be appointed to wait on and inform Samuel Johnston, Esquire, of his late appointment of Governor of this State, and request information when it will be convenient for him to attend and take the oaths of qualification; for this purpose we have on our part appointed Mr. Lenoir and Mr. Brown.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that two Members from each House of the Legislature wait on the Honourable Samuel Johnston, Esquire, and acquaint him with his election to the Chief Magistracy of this State, and request to know of him when it will be convenient to attend and take the Oaths of qualification, and have for this purpose on our parts, appointed Mr. Hamilton and Mr. Person.

Mr. Stokes, from the Committee to whom the Memorial of Lewis McPherson, Mercht. of the Town of Wilmington, was referred, delivered in the following Report:

The Committee to whom the Memorial of Lewis McPherson, Merch’t. of the Town of Wilmington, and Agent for William Anderson of Jamaica, was referred, Report,

That on an examination of the said Memorial and the several papers accompanying the same, it appears to the Committee that the Cutter Mary, Peter Smillie Master, belonging to William Anderson of Jamaica, aforesaid, was on her voyage from thence to Wilmington in this State, dis-masted and otherwise so injured in a heavy gale of wind as to be adjudged on her arrival unfit for Sea Service;

That by an Act of Parliament of Great Britain Masters or owners

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of Vessels in cases of Shipwreck, Sale or condemnation are compelled to produce the Registers of the vessels so lost, condemned or sold, or otherwise incur a heavy penalty;

That the said William Anderson, in consequence of a detention of the Register of the said Cutter Mary in the Naval office of Port Brunswick, is sued for the said penalty in the Island of Jamaica.

The Committee therefore are of opinion and recommend that John Walker, Esquire, Naval officer of Port Brunswick aforesaid, be directed to deliver to Lewis McPherson of Wilmington an agent for the said William Anderson the Register and all other papers belonging to the said Cutter Mary, so condemned as aforesaid, which is submitted.

J. STOKES, Chn.

The House taking this report into Consideration Concurred therewith.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the two Houses adjourn till Wednesday next agreeable to your proposition.

Received from the Senate the report of the Committee on the Memorial of Lewis McPherson, Concurred with by that House.

The House adjourned until Wednesday Morning 10 O’Clock.

The House met according to adjournment.

Mr. Edward Williams, one of the Members for Richmond County, appeared, was qualified and took his seat.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the two Houses adjourn till next Friday 9 o’clock in order that the business of the Convention may be proceeded on.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message of your House proposing that the General Assembly adjourn till Friday next, with which we concur.

Received from the Senate a Bill to impower the Wardens of the

Poor for the County of Franklin to build a House or Houses for the reception of the poor. Endorsed, read the first time and passed.

The House adjourned until Friday morning 9 O’clock.

The House met according to adjournment.

Mr. Bonds presented the Memorial of Samuel Westray, Sheriff of Nash County; which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

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

Mr. Davie presented the Petition of Cosimo Medici, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Hamilton of Edenton, presented the Petition of Ben. Jones, which being read was referred to the Committee appointed on the Petition of Mr. McPherson and sent to the Senate.

Resolved, That the Members of Assembly who have attended at this place as Members of the Convention also, shall not be allowed for attending and travelling otherwise than as Members of Assembly and not for both, and those who are Members of Convention only shall be allowed according to the resolution of the last Assembly for calling the Convention.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

It is the opinion of this House that the General Assembly adjourn til Monday next in order that the business of the Convention may be compleated.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We cannot concur with your proposition for an adjournment till Monday next, but propose that the two Houses adjourn till to-morrow morning 9 O’clock.

Ordered that Mr. Sheppard and Mr. Vick have leave to absent themselves from the service of this House after this day.

The House adjourned until To-morrow morning 9 O’Clock.

The House met according to adjournment.

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

Mr. Dauge moved for leave and presented a Bill to repeal part of an Act intitled “an Act to regulate and ascertain the several officers fees therein mentioned, and for altering the times of holding Courts of Law and Equity for the Districts of Halifax, Edenton, New Bern and Wilmington,” passed at New Bern the twenty second of October, one Thousand seven Hundred and Eighty-four; which was read the first time, passed and sent to the Senate.

Mr. Porter presented the Petition of Timothy Riggs, which being read was referred to Mr. Mebane, Mr. Porter, Mr. Grove, Mr. T. Blount and Mr. B. Jones on the part of this House, and sent to the Senate.

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

Mr. Outlaw moved for leave and presented a Bill for dividing the County of Greene.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Bill for dividing the County of Greene, which we propose referring to the Committee appointed to take under consideration the Bill and Petition for dividing the County of Hawkins.

Mr. Dickens presented the resignation of John Shelton, a Justice of the Peace for Caswell County, which being read was accepted by this House and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

It is our opinion that the two Houses adjourn till Monday Morning 9 O’clock in order that the business of the Convention may be compleated.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We consent that the two Houses adjourn to Monday next as by you proposed, and

Ordered that Mr. John G. Blount 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 propose that the two Houses assemble on Tuesday next at 12 O’clock in the room where the House of Commons sit, in order to receive Samuel Johnston, Esquire, and Administer the necessary oath of qualification previous to his entering on the duties of his late appointment. Should this proposition meet your approbation, Mr. Lenoir and Mr. Brown will, on the part of this House, wait on and conduct Mr. Johnston into the presence of the General Assembly.

Ordered that the folowing Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House have received your Message proposing that the two Houses of the Legislature do assemble on Tuesday next at Twelve O’clock in the Commons room in order to receive the Honorable Samuel Johnston, Esquire, in order to be qualified by taking the necessary Oaths for taking upon himself the exercise of the office of Governor of this State. We have on our parts appointed Mr. Davie and Mr. Smith to wait on him and acquaint him that the General Assembly will then receive him for the above purpose.

Received from the Senate the resignation of Thomas Pugh, Senior, of his office of Justice of the Peace for Bertie County; the resignation of Alexander Mebane, Senior, as a Justice of the Peace for Orange County, and the resignation of James Farr, as first Major of the Anson Regiment of Militia. Severally endorsed, in Senate, read and accepted.

Received also from the Senate the account of William Dudley, Gaoler; the account of John Barrington; the accompt of Doctor William McClure; the Petition of Henry Smaw; the Petition of Thomas Viverett; the Petition of Cosimo Medici; the Petition of John Gray and Thomas Blount; the Petition of George Doherty; the accompt of John McCarrell; the Petition of Benjamin Jones; the Petition of James Bonner; the Memorial of Hance Hamilton; the Petition of John Shankle; the Memorial of John Whitaker; the Petition of

John Smallwood; the Petition of Alsey Ross and John Taylor; the Memorial of Patrick Traverse; the Petition of George Hooper & Co.; and of John Retchie & Co.; and the Petition of the Inhabitants of Leesburg; the Petition of Benjamin Sheppard; the Petition of Samuel Westray, Sheriff of Nash County; the Petition of William Morrison, and the Petition of sundry the Inhabitants of the County of Caswell. Severally endorsed, in Senate, read and referred as by the House of Commons.

Received also from the Senate, the Petition of Timothy Riggs. Endorsed, read and referred on the part of this House, to Mr. Singleton, Mr. Blount, Mr. Charles McDowall and Mr. Mayo.

Received also the Memorial and Petition of Thomas Horsey. Endorsed, in Senate, read and referred on the part of this House to Mr. Reddick and Mr. Easton.

Received from the Senate, the Resolution of this House directing in which manner allowances shall be made to the Members of the Convention, &c., concurred with.

The House adjourned until Monday Morning 9 o’clock.

The House met according to Adjournment.

Received from His Excellency the Governor, the following Message:

To the Honorable the General Assembly:

Gentlemen:

I herewith send you a packet which I have received this morning from Mr. Alexander Dromgoole, enclosing a letter from Alexander McGilvray, Chief of the Creek Nation of Indians, and other papers which I submit to your Consideration.

SAM. JOHNSTON.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message this day received from His Excellency, enclosing papers from the Chief of the Creek Nation and others, together with the papers therein referred to; which we propose referring to the Committee on Indian Affairs.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

It is the sense of this House that the General Assembly proceed to ballot on Tuesday next at 4 O’clock in the afternoon for a Council of State, public Treasurer and place at which the next Assembly shall be held, and nominate for Councillors, James Iredell, John Mair, W. Hill, Dempsey Conner, W. Littlejohn, Allen Jones, Josiah Collins, John Stokes, William Boritz, Thomas Eaton, James Armstrong, William McKenzie and Isaac Gregory, Esquires. For public Treasurer, John Haywood, Esquire; and for the place at which the next Assembly shall be held the Towns of Tarborough, Fayetteville and Nashville.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message of your House proposing to ballot to-morrow at 4 O’clock for a Council of State, public Treasurer and the place at which the next Assembly shall be helld, with which we do not concur; but propose that the balloting be postponed to a future day.

Resolved, That the Members of Convention from Mero District who are not Members of Assembly shall be allowed, for coming and going, the same allowance as was made to the Members of the last Assembly who came from that District.

Mr. Davie presented a representation from the Judges of the Superior Court on the subject of the depreciation of salary, which was read and referred on the part of this House to Mr. Person, Mr. Lock, Mr. Davie, Mr. Stokes and Mr. McDowall.

Mr. Hamilton of Edenton, moved for leave & presented a Bill to ratify the amendments to the Constitution of the United States; which was read for the first time, passed and sent to the House.

The House adjourned until to-morrow Morning 8 O’clock.

The House met according to Adjournment.

Mr. Stokes presented the Petition of Sundry of the Inhabitants of Rowan County, praying, &c.; which being read, Mr. Stokes moved for leave and presented a Bill to form part of the Militia of Rowan

County into a separate battalion, which was read the first time, passed and sent to the Senate.

Mr. Rhea presented the Petition of sundry of the Inhabitants settled on French Broad River, which being read, was referred to the Committee on Indian Affairs, and sent to the Senate with the following Message:

Mr. Speaker & Gentlemen:

We herewith send you the Petition of sundry of the Inhabitants south of French Broad River, which we propose referring to the Committee on Indian Affairs, and have added to this Committee Mr. Davie, Mr. Stokes and Mr. McDowall.

Mr. Brevard presented the Petition of James Kerr, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Chambers presented the Memorial of Henry Giles, which being read, was referred to the Committee appointed on the Petition of William Brandon and sent to the Senate.

Mr. Porter presented the Petition of sundry of the Inhabitants of Rutherford County, which being read, was referred to Mr. McDowall, Jun., Mr. Person, Mr. Mebane, Mr. Porter and Mr. Chambers, and sent to the Senate.

Mr. Spiller presented the Petition of Sundry of the Inhabitants of New Hanover County, praying, &c.; which being read, Mr. Spiller moved for leave and presented a Bill for adding part of New Hanover to Sampson County, which was read the first time and sent to the Senate.

Mr. Spiller presented the Petition of Joseph McDowall, James Spiller, William B. Grove, Caleb Phifer and John Hamilton, setting forth that John Gray and Thomas Blount had rec’d a considerable sum of Money to discharge the Martinique demand against this State, which they have not accounted for, and praying an investigation of the facts therein set forth.

Ordered that the said Petition be referred to the Committee of Privileges and Elections.

Resolved, That the Public Treasurer and Comptroller, and each of them be, and each of them is hereby directed as soon as possible to lay before this Assembly a list of all balances due to the Public from individuals, for the information of the Legislature.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the qualification of the Governor be postponed till Monday next, and that on Thursday next at 4 O’clock P. M., the two Houses shall proceed to ballot for two Senators to represent this State in the Congress of the United States. We also propose that a Committee be appointed from both Houses to prepare and introduce a Bill for ascertaining the manner, places and times of electing representatives of this State in the Congress of the United States. For this purpose we have, on our parts, appointed Mr. Rice, Mr. Rhea, Mr. McDowall, Mr. Stokes, Mr. Person, Mr. Davie, Mr. Hamilton of Edenton, Mr. Armstrong, Mr. Smith and Mr. Spiller. We nominate for Senators the Honorable Samuel Johnston, Esquire, Benjamin Hawkins, James White, Joseph McDowall, Timothy Bloodworth, Thomas Person, William Blount, the Honorable John Williams, William Lenoir, John Stokes, Richard Dobbs Spaight, William Polk, Esquires. We propose further that at the same time the two Houses proceed to ballot for the place at which the next Assembly shall be held, and approve of the nomination made by the Senate in their last Message on this Subject.

Mr. Joel Rice moved for leave and presented a Bill directing the sale of the Salt licks and Springs within the District of Mero; which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of the Inhabitants of Tyrrell County. Endorsed, read and referred to the Committee on the Petition for dividing Hawkins County; which being read, was referred as by the Senate and returned.

Received from the Senate the Memorial of John Sevier. Endorsed, read and referred to the Committee on Indian Affairs; which being read, was referred as by the Senate and returned.

Received from the Senate the Petition of Andrew Grier; the Petition of John Murphey; the Memorial of Major D. Moore; the Petition of John Elliott, and the Memorial of John Eaton. Severally endorsed, read and referred to the Committee of Propositions and Grievances; which being read, were referred as by the Senate and returned.

The Honorable the Speaker laid before the House the Memorial of Thomas Benbury, Collector of Port Roanoke; which being read,

was referred to the Committee on Finance and sent to the Senate.

Mr. Stokes moved for leave and presented a Bill directing the manner of issuing process in sundry cases arising in the Superior Courts of Law and Equity;

To direct the manner of proceeding on assigned or endorsed bills, bonds and notes under seal; to direct how joint obligations shall survive, and to repeal an Act calling forth the Militia to assist in executing civil process; which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that the Petition for the division of Surry, together with the plan of the said County herewith sent you, be referred to the Committee appointed on the Bill for dividing Hawkins County, and that they report their opinion as to the propriety of dividing the first mentioned County. We have added to the Committee Mr. Skinner and Mr. Overton.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message of your House proposing that the Petition for dividing Surry County, &c., be referred to the Committee appointed on the Bill for dividing Hawkins County, with which we concur. We have added to this Committee Mr. Hamilton of Edenton.

The Bill to amend 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, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have appointed Mr. Brown and Mr. Lenoir, on the part of this House to wait on and inform the Honorable Samuel Johnston that the time appointed for his qualification as Governor is postponed till Monday next.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

Mr. Ben. Smith and Mr. McDowall are appointed by this House

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to wait on the Honorable Samuel Johnston and acquaint him of the postponement of the time for his qualification till Monday next.

Mr. Dickens presented the Memorial of Billy Hughs, 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 herewith send for your concurrence a resolution relative to the death of Mr. Etherlred Gray, late a Member of this House.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We concur with your resolution relative to attending the burial of Mr. Ethelred Gray, late a Member of your House.

Mr. Davie moved for leave and presented a Bill to alter the mode of trying Slaves accused of offences, the punishment of which shall extend to life or member; which was read the first time, passed and sent to the Senate.

Mr. Holland presented the Petition of James Miller, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Committee of Propositions and Grievances be directed, to-morrow Morning, to report their names to the Assembly, having first divided themselves into two distinct Committees, No. 1 & 2, to be confirmed by the two Houses. That the Committee No. 1 shall retain all papers already referred to them, and No. 2 to pass upon all papers that may be hereafter referred to them.

The Bill to repeal part of New Bern Town Law, was read the second time and rejected.

The Bill for laying off a Town on the Lands of John Marriner in Tyrrell County, was read the second time, passed and sent to the Senate.

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

Mr. Thos. Blount presented the Petition of Charles Gerrard,

which being read, Mr. Blount moved for leave and presented a Bill to establish the lines of a certain Tract of Land, granted unto Charles Gerrard; which was read the first time, passed and sent to the Senate.

The Bill for pardoning John Bradley of the Town of Wilmington, was read the second time, passed and sent to the Senate.

Received from the Senate the Memorial of Charles Dukes. 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 Petition of William Smith. Endorsed, read and referred to the Committee appointed on the Petition of Daniel Williams; which being read, was referred as by the Senate and returned.

Mr. John G. Blount moved for leave and presented a Bill to incorporate the tradesmen and manufacturers of the Towns of Edenton, New Bern, Wilmington & Halifax; which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill to authorize and impower James Billingsly to execute a Deed or Deeds of Conveyance agreeable to a power of Attorney, and the last Will and Testament of William Rea, late of Guilford County, Deceased. Endorsed, read the first time and passed. This Bill was read for the first reading in this House, passed and returned to the Senate.

Ordered that the Bill to repeal part of an Act intitled “an Act 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, Greene, Sullivan and Hawkins,” be Committed to a Committee of five Members of this House; that for this purpose Mr. Person, Mr. B. Smith, Mr. Rhea, Mr. Stokes and Mr. McDowall be a Committee, and that they report specially.

The Bill to impower the wardens of the Poor for the County of Franklin to build a House or Houses for the reception of the Poor, was read the first time, passed and sent to the Senate.

The Bill to invest an indefeasible right of inheritance in Charles Alley and Prudence Oggs, the surviving natural Children of the late John Oggs of the County of Pasquotank, of such property as was bequeathed to them and their deceased brother Jesse Oggs, was read the first time, passed and sent to the Senate.

The Bill to amend an Act intitled “an Act to make certain securities

negotiable,” was read the first time, passed and sent to the Senate.

The Bill to authorize the County Courts in this State to annually elect a certain number of Justices in each County to attend to the business thereof, and to constitute a quorum in each County, and to impeach and try all officers guilty of misdemeanors in office under their appointment, was read the first time, passed and sent to the Senate.

The Bill to alter the manner of fining and imprisoning offenders, was read the second time, amended, passed & sent to the Senate.

The Bill for adding Randolph County to Salisbury District, and Rockingham County to Hillsborough District, was read the first time, passed and sent to the Senate.

Mr. Ewing moved for leave and presented a Bill to Cede to the United States Certain Lands therein mentioned. Ordered that this Bill lie on the Table for consideration liable to the call of any Member.

Mr. Outlaw moved for leave and presented a Bill to cede to that part of the Citizens of this State who reside west of the Great Iron and Stone Mountains the territorial right thereof, and to erect the same into a separate and distinct State, &c., &c.

Ordered that this Bill lie on the Table for consideration, liable to the call of any Member.

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

Received from the Senate the Memorial of Nicholas Long. Endorsed, read and referred to the Committee on the Memorial of the Honbl. the Judges of the Superiar Courts. Also the Petition of Sarah Dupree. Endorsed, read and referred to the Committee of Claims; which being read, were referred as by the Senate and returned.

Received also two letters from Margaret McDowall. Endorsed, read and referred to the Committee on Indian affairs; which being read, were referred as by the Senate and returned.

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

Mr. Speaker & Gentlemen:

We consent that the Petition of a number of the people living

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South of the French Broad River be referred as by you proposed, and have added General Martin to the Committee on Indian Affairs.

Mr. Speaker & Gentlemen:

We agree that the General Assembly ballot on Tuesday next for the place at which the next Assembly shall be held, and two persons to represent this State as Senators in the Congress of the United States, and approve of your nominations. We also consent that a Committee be appointed to prepare and introduce a bill for ascertaining the manner, places and times of Electing representatives for this State in the Congress of the United States, and have appointed Mr. Skinner, Mr. Bloodworth, Mr. Blount, Mr. Dickson and Mr. Gallaway to act on the part of this House with the Gentlemen by you named for this purpose.

Mr. Speaker & Gentlemen:

We have added Mr. Hargett to the Committee for equalizing the Land Tax.

Mr. Speaker & Gentlemen:

We herewith send you the Petition of James Mulloy, which we have referred to the Committee appointed on the Petition of Captain Daniel Williams, and propose that the Committee be instructed to report what relief ought to be given the Petitioner, as well as all others holding like demand against this State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received the Message of your House referring the Petition of James Mulloy to the Committee appointed on the Petition of Daniel Williams, and directing that Committee to report what relief ought to be granted to other persons holding demands of the like nature, with which be concur.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We agree that the Bill for dividing Greene County shall be referred to the Committee appointed on the Petition and Bill for a division of Hawkins County, agreeable to your proposition.

Mr. Speaker & Gentlemen:

We have added Mr. Macon to the Committee appointed on the Bill and Petition for the division of Hawkins County.

Mr. Speaker & Gentlemen:

The Report of the Committee on the Memorial of Daniel Williams herewith sent you, we propose shall be Committed and that the Committee be directed to report the most eligible plan, in their opinion, for the relief of all circumstanced in like manner with Captain Williams.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have received your Message proposing to commit the report on the Petition of Daniel Williams, &c., with which we concur.

Received from the Senate the Petition and Memorial of Erick Lalerstead and Peter Mallett. Endorsed, read and referred to the Committee on the Petition of Lewis McPherson; which being read, was referred as by the Senate and returned.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have added Mr. Davie and Mr. McLaine to the Committee appointed on the Petition of Lewis McPherson. We propose that the Petition of Doctor Frederick Ramche (which at present is referred to the Committee on Public Bills) be referred to this Committee.

Resolved, That the Committee on Public Bills be discharged from taking notice of or reporting upon the Petition from Halifax County, praying that the 65th section of the Court Law be repealed.

Mr. Davie moved for leave and presented a Bill to repeal the Sixty-fifth Section of an Act passed at New Bern in the year 1777 intitled “an Act for establishing Courts of Law, and for regulating the proceedings therein;” which was read the first time, passed and sent to the Senate.

The Bill to repeal part of an Act passed at Tarborough entitled “an Act to enable the County Courts to appoint Commissioners to keep open rivers and creeks at their several falls so far as they think necessary for the passage of Fish up the same,” was read the first time, passed and sent to the Senate.

Received from the Senate the representation of the Honorable the Judges of the Superior Courts. Endorsed, read and referred to Mr. Gallaway, Mr. Wynns and Mr. Brown on the part of the Senate.”

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

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;

A Bill to ratify the amendments to the Constitution of the United States;

A Bill to form part of the Militia of Rowan County into a Separate battalion.

Ordered that the bill to repeal the fifth Section of an Act intitled “an Act to regulate the Inspection of Tobacco in this State be read for the first reading in this House To-morrow.

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

A Bill to amend an Act entitled “an Act for establishing Courts of Law and for regulating the proceeding therein;” and another Act intitled “an Act for giving an Equity Jurisdictian to the Superior Court;”

A Bill to regulate the practice of Physic and Surgery;

A Bill for defraying the expences of an expedition carryed on against the Cherokee Indians, &c.;

A Bill providing means for the payment of the domestick debt, for appropriating certain Monies therein mentioned, and to amend an Act passed at the last Session of the General Assembly entitled “an Act for levying a tax for the support of Government & for the redemption of old paper currency, Continental Money, specie & other Certificates;”

A Bill to establish an University in this State.

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

The House met according to Adjournment.

Mr. Bonds presented the Petition of Wilson Taylor, which being read, was referred to the Committee of Propositions & Grievances, No. 2, and sent to the Senate.

Mr. Stokes presented the Petition of John Crawford, which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

Received from the Senate the resignation of John Ross, Edward Smithwick, Jesse Bump, Thomas Blount, James McNeill, William Seals and James Ford, as Justices of the Peace, and Stephen Andrews first Major of the Bladen Regiment of Militia; which being read, were accepted by this House and returned to the Senate.

Mr. Bostick presented the Petition of William Meredith; which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

The Bill to regulate the practice of Physic and Surgery, was read the second time, amended, passed and sent to the Senate.

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

A Bill directing the sale of the Salt licks and Springs within the District of Mero;

A Bill to repeal the Sixty-fifth Section of an Act passed at New Bern in the year 1777, intitled “an Act for establishing Courts of Law, and for regulating the proceedings therein;”

A Bill directing the manner of issuing process in sundry cases arising in the Superior Courts of Law and Courts of Equity; to direct the manner of proceeding on assigned or indorsed bills, bonds & notes, &c.

Received also, a Bill for erecting and establishing a Town at Hawkins Court House. Endorsed, read the third time and passed.

The Honorable the Speaker laid before the House a letter from John Haywood, Esquire, public Treasurer, with a state of the Treasury, &c.; which being read, the following Message was ordered to be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a letter from the Treasurer with the several papers therein referred to; all of which, excepting those relative to the recognizances of Brice and McNeill, we propose submitting to the consideration of the Committee on Finance.

The papers relative to Brice and McNeill we propose shall be Committeed to a joint Committee; for this purpose we have on our parts, appointed Mr. Davie, Mr. McDowall and Mr. Hamilton of Edenton.

Mr. Person presented the ePtition of Andrew Bass, which being read was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

Received from His Excellency the Governor the following Messages:

To the Honorable the General Assembly:

Gentlemen:

In consequence of a Credit obtained by Royal Flint of the State of New York, Merchant, with the late Commissioners of the Treasuary of the United States, I have in conjunction with the Council of State, Contracted with him for the sale of all the Tobacco purchased for the use of the State, except about one hundred Hogsheads, which we had previously engaged to Mr. William Littlejohn of the Town of Edenton, Merchant. The particulars of these Contracts will appear at large on a reference to the Journals of the Council of State, and my letter book.

In pursuance of these several Contracts, Mr. Littlejohn has delivered into my hands a receipt from the Treasurer of the United States, for 3,400 Dollars, paid into the Treasury for the use of this State, and I have given Him an order on the Commissioner for purchasing Tobacco in the Town, for 113,333 lbs. of Tobacco purchased by him, to be delivered at Wilmington in good Shipping order, but not to be again inspected or weighed. Royal Flint has received in consequence of said contract 271,761 lbs. of Tobacco at Wilmington, 332,783 lbs. at Tarborough, and 283,584 lbs. at Dalgo on Roanoke River, making in the whole 888,128 lbs., for which he has accepted the two sets of Bills payable to the Secretary of the Treasury of the United States, the first set dated the 25 day of October last, for 18,136 30-90 Dollars, the other dated the 6 day of November, for 8,507 40-90 Dollars, two of each will be immediately forwarded to the Secretary of the Treasury, the third of each set, as also the Treasurer’s receipt for 3,400 Dollars paid by Mr. Littlejohn, will be lodged with the Comptroller.

You will be pleased to observe that on a second inspection of the Tobacco purchased for the State a considerable quantity was found to be unmerchantable, particularly of that received from the Warehouses at Fayetteville and Tarborough; you will consider of the most eligible method of indemnifying the State for the loss sustained by this fraud.

From the information received from the Commissioner at Fayetteville, there will still remain at that place to be delivered, between one hundred and forty and one hundred and fifty Hogsheads, which

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Mr. Flint is bound to receive at Wilmington, as soon as it can be sent down and reinspected.

SAM. JOHNSTON.

Fayetteville, 5 Novr., 1789.

To the Honorable the General Assembly:

Gentlemen:

I herewith send you two Letters from Doctor Williamson, one of the Commissioners appointed to settle the accounts of this State with the United States, with sundry papers which claim your attention and consideration.

SAM. JOHNSTON.

Fayetteville, 25 Novr., 1789.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a Message, this day received from His Excellency the Governor, respecting the Sales of Tobacco, and also another Message accompanied with several communications from the Commissioners appointed to settle the accounts of this State with the United States; all these papers we propose referring to the Committee of Finance, except the letter from Hugh Williamson, Esquire, respecting the procuring of Vouchers for the service of the Eighteen Months’ Regiments, and of the Waggons furnished by this State for the use of the United States, which we wish to lie for consideration until a Bill now prepared on the subject of that letter be brought forward.

Mr. Stokes presented the acc’t of receipts and expenditures of John Steele, Esquire, late Commissioner of Indian Affairs, &c. Ordered that the same be referred to the Committee on Indian Affairs.

The Bill for defraying the expence of an expedition carried against the Cherokee Indians, and other necessary expences accruing thereon, was read the second time and rejected.

It was moved by Mr. Porter, and seconded by Mr. Hamilton of Guilford, that the Bill to repeal the fifth Section of an Act intitled “an Act to regulate the Inspection of Tobacco in this State,” be laid over till the next Assembly. This being objected to, the question was put and carried in the affirmative; whereupon the yeas and nays were called for by Mr. E. Jones & seconded by Mr. Hawkins, which are as follows, to-wit.:

Yeas—Messrs. W. Wood, May, Grice, Pugh, McKay, Jo. McDowall, D. Stewart, Cowan, Bell, J. Allen, W. B. Grove, Womack, J. Rice, Ewing, D. Rice, Dickens, Jo. Stewart, G. Hamilton, Gillispie, Outlaw, J. Moore, J. H. Bryan, T. King, M. Matthews, Barrott, Spicer, W. Williams, Phifer, S. Allen, McLaine, Mebane, A. Phillips, Bethell, Bostick, J. Scott, T. Johnston, Blair, Porter, Chambers, J. Brown, Lindley, Z. Wood, Spiller, Thompson, J. Baker, Lock, E. Williams, J. McDowall, Jun.—48.

Nays—Messrs. Tho. P. Williams, Duke, Sawyer, J. Hill, E. Phillips, Beck, Person, Alderson, Yancey, Creecey, B. Williams, R. Montgomery, J. Bryan, Qualls, J. White, J. Johnston, Bonds, Pride, Sneed, J. Stewart, Peete, Perry, W. Johnston, Sutton, Armstrong, Everagin, Reading, Drew, E. Jones, N. Brown, E. Hamilton, Guion, W. Hawkins, Barnes, Sanders, Holland, B. Jones, Ellison, T. Blount, Peters, Wallace, W. R. Davie, J. G. Blount—43.

The Chairman of the Committee of Propositions and Grievances reported the following division of that Committee, agreeable to the resolution of yesterday, to-wit:

No. 1.—Mr. W. Hawkins, Mr. Sanders, Mr. Dickens, Mr. T. Blount, Mr. Phifer, Mr. Hamilton, Mr. Rhea, Mr. Gowdy, Mr. McKinne, Mr. Spiller, Mr. Jones, Mr. Outlaw.

No. 2.—Mr. A. Bryan, Mr. Smith, Mr. Gillispie, Mr. Creecey, Mr. Nixon, Mr. McKay, Mr. Rice, Mr. Skinner, Mr. Moore, Mr. Holland, Mr. Guion, Mr. Wilson.

Resolved, That this House concur with the foregoing Report.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill providing means for the payment of the domestick debts for appropriating certain Monies therein mentioned, &c., be referred to the Committee to report the mode most proper to be adopted for the extension of the Certificate debt, and that they be directed to report thereon at as early a Day as possible.

Received from the Senate the Memorial of Thomas Benbury, Esquire, Collector, &c. Endorsed, read and referred as by the House of Commons.

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

A Bill for appointing Commissioners in the County of Greene for building a Court House, &c.;

A Bill to establish a public Inspection of Tobacco in the Town of Clarksville, &c.;

A Bill to amend an Act intitled “an Act to make certain Securities negotiable.”

Received also a Bill to amend an Act entitled “an Act directing the mode of proceeding against the real estate of deceased debtors, where the personalty is insufficient,” &c., and

A Bill to amend an Act intitled “an Act concerning proving of Wills and granting letters of Administration,” &c. Endorsed, read the second time and passed.

The Bill to establish an University in this State, was read the second time, amended, passed and sent to the Senate.

Mr. Davie moved for leave and presented a Bill for procuring Testimony concerning the accounts of this State and the United States, which was read the first time, passed and sent to the Senate.

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

A Bill granting to the Inhabitants of Tyrrell County a privilege of Holding Separate elections for Members of Assembly;

A Bill to incorporate the Tradesmen and Manufacturers of the Towns of Edenton, New Bern, &c.;

A Bill to establish the lines of a certain tract of Land, Granted unto Charles Gerrard.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree with the reference by you made of the Message from His Excellency the Governor, of to-day; also that the letters from Hugh Williams, Esquire, lie on the Table for the reading by you mentioned.

Received from the Senate the Petition of William Meredith; the Petition of Andrew Bass; the account of John Steele, Esquire; the Petition of James Kerr. Severally endorsed, in Senate, read and referred as by the House of Commons.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the number of Members now on the Committee of

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Propositions and Grievances be made known to the General Assembly to-morrow morning, and that a division of them take place; we also agree that No. 1, of this Committee report on all the papers now before them, and that all hereafter referred be reported on by No. 2.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The letter from the Treasurer and the papers accompanying it we agree shall stand referred as by you proposed, and have appointed Mr. Blount & Mr. Skinner, to act with the Gentlemen by you named, to report on the papers relative to Brice and McNeil.

Ordered that the following Bills be read for the second time tomorrow, to-wit:

A Bill to extend the Civil and Military authority of this State to the Inhabitants South of French Broad & Holston Rivers;

A Bill for impowering the several County Courts within this State to appoint patrols and directing their duty in office;

A Bill to establish the lines of a certain Tract of Land granted unto Charles Gerrard;

A Bill to ratify the amendments to the Constitution of the United States;

A Bill to enable creditors more easily to recover their debts from joint partners upon joint notes.

Ordered that the Bill to erect a light House on Ocracoke Island be read to-morrow for the third time.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House, at the particular request of Mr. Stokes and Mr. Jos. McDowall, have withdrawn their names from the nomination of Senators in the Congress of the United States.

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

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

The House met according to Adjournment.

Received from the Senate a resolution of that house for admitting

no bill of a private nature after Saturday next, which being read was concurred with and returned.

Mr. Outlaw moved for leave and presented a Bill to impower the County Treasurer and Collectors in the several Counties in the District of Washington to receive from any person or persons in payment of their public taxes, any accounts which shall appear by the Militia Law to be Just and true for services done in defence of said District against the Indians, to pay off other expences incurred thereby; which was read the first time, passed and sent to the Senate.

Mr. Mebane presented the Petition of Timothy Riggs, which being read, was referred to the Committee on the Petition of William Brandon and sent to the Senate.

Mr. Cowan presented the Petition of Robert Raiford, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. John Bryan moved for leave and presented a Bill to revive and continue in force, so far as respects the County of Johnston, an Act passed in the year 1786 intitled “an Act impowering the several County Courts therein mentioned to lay a Tax;” which was read the first time, passed and sent to the Senate.

Mr. Mebane presented the resignation of James Freeland of his office as a Justice of the Peace for Orange County; which being read, was accepted by this House & sent to the Senate.

Mr. King presented the resignation of Benjamin Murrell of his Commission as Justice of the Peace for Hawkins County, which being read, was accepted by this House and sent to the Senate.

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

Mr. Speaker & Gentlemen:

We agree that the Petition of Doctor F. Ramche be reported on by the Committee appointed on the Petition of Lewis McPherson, as by you proposed.

Mr. Speaker & Gentlemen:

We agree that the Bill providing means for the payment of the domestick debt shall be referred to the Committee to report the mode most proper to be adopted for the extinction of the Certificate debt, and that they report at as early a day as possible.

Mr. Speaker & Gentlemen:

We propose that a joint Committee be appointed to report on the

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utility of the bill for processioning Lands herewith sent you, and if thought necessary to prepare and introduce a Bill for this purpose, Mr. Hargett, Mr. Graham & Mr. Lenoir will, on the part of this House, act with such Gentlemen as you may appoint. We also propose that this Bill and the Petition for adding part of Bladen to Cumberland, be reported on by the Committee appointed on the bill for dividing Hawkins County.

Mr. Speaker & Gentlemen:

We have appointed Mr. Hargit, Mr. Bloodworth and Mr. Willis, on the part of this House, who will act with such Gentlemen as you may make choice of for the purpose of amending the bill herewith sent you, to authorize the County Courts in this State annually to elect a certain number of Justices in each county to attend the business thereof, &c.; provided, it should be their opinion such bill is necessary.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Bill to authorize the County Courts within this State annually, to elect a certain number of Justices in each County to attend the business thereof, be committed as by you proposed. We have, on our parts, appointed Mr. McDowall, Jun., Mr. P. Hawkins, Mr. Davie, Mr. Jones, of Wilmington, and Mr. Hamilton of Edenton. We also agree that the Bill for procesioning land be committed as by you proposed, and have appointed on our parts, Mr. Mebane, Mr. Person, Mr. Lindley and Mr. J. Bryan.

Mr. McLaine moved for leave and presented a Bill to erect a public provision Store in the County of —— for the accommodation of the Cumberland Guard, which was read the first time, passed and sent to the Senate.

The Petition of James Spiller, Esquire, was read and referred to the Committee of Propositions and Grievances, and sent to the Senate.

Mr. Pride moved for leave and presented a Bill for equalizing the Land tax and ascertaining the several subjects of taxation; which was read the first time, passed and sent to the Senate.

Mr. Grove moved for leave and presented a Bill to repeal part of the 20th Clause of an Act passed at Hillsborough in the year 1784, intitled “an Act to prevent the exportation of unmerchantable commodities;”

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

The Bill to vest certain Lands therein mentioned in the monthly meeting of the People called Quakers, of New Garden, in Guilford County, was read the second time, amended, passed and sent to the Senate.

Whereas, the Printer to this State hath been heretofore enjoined to send the Acts and Journals of the Assembly for the District of Mero to the Clerk of the Superior Court of Morgan District, by which means the Courts of Mero never have received them, the said District of Morgan being entirely out of the most public Road to the settlements on Cumberland;

Resolved, That the printers to the State shall hereafter send the Acts and Journals of this Assembly, together with the Journal of the Convention for the District of Mero, to the Moravian Store in the Town of Salem, and shall procure from the said storekeeper a recepits for the same.

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

The Committee to whom the Memorial of John Williams, one of the Commissioners heretofore appointed to extend the Boundary line between this State and the State of Virginia was referred, praying an allowance to be made him as Commissioner, aforesaid, Report,

That it is the opinion of the Committee he be allowed the sum of one hundred and thirty-six Pounds for the service aforesaid, being employed therein one hundred and thirty-six days; and that the Treasurer be, and he is hereby directed, to pay him accordingly; which is submitted.

WYATT HAWKINS, Chm.

The foregoing report being read, was Concurred with and sent to the Senate.

Mr. Spiller, from the Committee to whom was referred the Petition of Jeremiah and Robert Field, delivered in the following Report:

The Committee are of opinion that the deed of Gift made by William Field and Lydia, his wife, to the said Jeremiah and Robert in the year 1776, and previous to any Confiscation Law having passed

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in this State, is good and vallid, and think it is just that an Act of the General Assembly pass to confirm the right of the said Jeremiah and Robert Field, which they submit to the House.

JAS. SPILLER, Chn.

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

Mr. Spiller moved for leave and presented a Bill to invest in Jeremiah and Robert Field an indefeasible right to such property as was granted to them by their Father in the year 1776; which was read the first time, passed and sent to the Senate.

The Bill to establish the lines of a certain Tract of Land, Granted unto Charles Gerrard, was read the second 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.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have added Mr. Hill to the Committee of Propositions and Grievances, and Mr. McDowall to the Committee on Indian Affairs.

The Bill to Cede to the United States certain Lands therein mentioned, was read the first time, passed and sent to the Senate.

Received from the Senate the report of the Committee of Propositions and Grievances on the division of the said Committee, No. 1, & No. 2, Concurred with.

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

The Committee to whom the Memorial of John Whitaker, late Sheriff of Halifax County, was referred, Report,

That whilst the said Whitaker was Sheriff as aforesaid, he received into his custody a certain man Phillips, committed to the Jail of Halifax District by a sentence of the Court of Oyer and Terminer at Warrenton; who, after twelve months imprisonment, was pardoned by the Governor. That whilst the said Phillips was under confinement, the said Whitaker as Sheriff aforesaid, incurred a debt of Nineteeen pounds fifteen Shillings & eight pence for his support

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and maintenance, which he hath actually paid in Money, as appears by the acco’t and affidavit therewith presented.

The Committee are therefore of opinion, especially as the said Phillips was insolvent, that the Treasurer be directed to pay the aforesaid Sum of Nineteen Pounds fifteen Shillings and eight pence to the said Whitaker and be allowed for the same in the settlement of his accounts.

All which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into Consideration, Concurred therewith.

Mr. Person moved for leave and presented a Bill for amending the Act for opening the Land office for the redemption of Specie and other Certificates, and discharging the arrears due to the Army; which was read the first time, passed and sent to the Senate.

The Bill to Cede to that part of the Citizens of this State, who reside West of the Great Iron and Stone Mountains the territorial right thereof, and to erect the same into a separate and distinct State, to open a Land office to dispose of the unappropriated lands within the said Territory, thereby to sink the Specie Certificates issued by this State and to redeem the present paper Money now in circulation, and other purposes therein mentioned, was read the first time, passed and sent to the Senate.

Mr. Wood moved for leave and presented a Bill to amend the several Acts of Assembly within this State for regulating weights and measures; which was read the first time and rejected.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill herewith sent you to extend the Civil and Military authority of this State to the Inhabitants South of the French Broad & Holston Rivers be referred to the Committee on Indian Affairs.

Mr. Grove presented the Petition of Peter Munroe, which being read was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. Hamilton moved for leave to withdraw for amendment “the Bill to ratify the amendments to the Constitution of the United States.” Ordered that he have leave accordingly.

Received from the Senate the Report of the Committee on the Memorial of John Williams, Concurred with by that House.

Received also the resolution of this House directing the Printer to lodge the laws and Journals of the General Assembly for Mero District at Salem, concurred with.

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

The Committee to whom the Petition of James Fletcher was referred, Report:

That the said Fletcher recovered in the County Court of Montgomery a Judgment for one hundred and Ten pounds one Shilling and eight pence against Henry Eustace McCulloch as appears by a transcript of the records of said Court herewith presented.

That in consequence of the sale of all the property of said McCulloch by the Commissioner of Salisbury District, the judgment remains unsatisfied. The Committee are therefore of opinion and recommend that the Treasurer be directed to pay the said James Fletcher the aforesaid Sum of one hundred & Ten Pounds one Shilling and Eight pence, for which he shall be allowed in the settlement of his accounts, which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into consideration concurred therewith.

Mr. Hawkins, from the Committee, delivered in the following Report:

The Committee to whom the Petition of Thomas Withers was referred, Report,

That the said Withers contracted with the Commissioners of the Cape Fear Navigation to deliver at Bald Head two hundred Thousand Bricks at three pounds per thousand, for the purpose of erecting a light house. That in performing the said Contract the said Withers sustained a considerable loss, owing to the stranding of some Vessels, sickness and other fortuitous circumstances. That by a Certificate of the said Commissioners herewith presented, it appears to be their opinion the said Withers should have a further time for the brick so delivered.

The Committee therefore are of opinion and unanimously recommend, that they be directed to make a further allowance to the said Thomas Withers, not exceeeding four pounds fifteen Shillings per

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thousand, the average price of bricks since purchased by them for the completion of said light house. All which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into consideration, Concurred therewith.

The Bill to erect a light house on Ocracoke Island, was read the third time, amended, passed and sent to the Senate.

The Bill to enable creditors the more easily to recover their debts from joint partners, and upon joint notes, was read the second time, passed and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Jordan Hill, and Mr. Hamilton of Guilford, to superintend the balloting this evening for Senators, &c. This house have withdrawn the names of R. D. Spaight and James White, Esquires, from the nomination of Senators. We propose that the Treasurer be ballotted for at the same time that the Senators, &c., are ballotted for, and have nominated for that office John Haywood, Esquire.

The Bill for pardoning John Bradley of the Town of Wilmington, was read the third time, passed and sent to the Senate.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Davie, Mr. Locke, Mr. Scott, Mr. Person, and Mr. Rice, to act with such Gentlemen as you may appoint, to enquire and report to this Assembly the application of the Money drawn for the purpose of erecting a station for the reception of the guard and accommodation of Persons travelling to the Cumberland settlements, in pursuance of a resolution or act of the last Assembly.

Resolved, That the Treasurer be desired not to pay the warrants granted by the Governor to Colo. Outlaw, Nos. 82, 83 and 84, until the matter be investigated by the Committee.

The House adourned till 4 O’clock, P. M.

Met according to Adjournment.

Received from the Senate the Memorial of William Houston. Endorsed, read & referred to the Committee of Propositions and

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

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have appointed Mr. Hargett and Mr. Graham to superintend the balloting and are now ready to enter on that business. We also propose, as has been usual, that the Superintendents wait on the sick Members in order to receive their votes.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Superintendents wait on the sick Members as by you proposed.

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

Received also the Petition of Neil Ray, and the Petition of John Arnold. Endorsed, read & referred to the Committee of Claims; which being read, were referred as by the Senate and returned.

Received from the Senate the Petition of John Estes. Endorsed, read and referred to Mr. Nesbitt, Mr. Gowdy and Mr. Hargett; which being read, was referred on the part of this House, to Mr. McDowall, Mr. Phifer, Mr. Mebane, Mr. J. Baker & Mr. Womack & returned.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We consent that a Treasurer be now balloted for. We have added Mr. Hill to the Committee of Propositions and Grievances, and Mr. McDowall to the Committee on Indian Affairs.

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

The Committee to whom the Petition of James Bonner, Executor of the last will and Testament of John Bonner, deceased, was referred, Report,

That the said dec’d, John Bonner, in his life time was agent or factor at Martinborough for Messrs. Stanleys and Co., Merchants in New Bern. That during such factorship, a certain Abraham Hardee impressed for the use of the State six Tierces of Taffia Rum,

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making two hundred and nine gallons, the property of said Merchants, then in possession of said Bonner and gave a certificate for the same, for the use and benefit of said Merchants, that the certificates were enclosed and forwarded in a Letter by the said Bonner to the said Stanley & Co., but by some accident was lost, in consequence of which a suit hath been instituted against the Executor aforesaid, and a recovery likely to be had in money for the sum of impressed.

The Committee therefore are of opinion that the Comptroller be directed to issue a certificate (if on examining the cheques in his possession it does not appear a Certificate hath already been issued) for the said rum at the rates established by Law, and to be of equal value of Specie audited Certificates. Which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into Consideration, Concurred therewith.

Received from the Senate the Petition of sundry officers, late of the Continental line. Endorsed, read and referred to Mr. T. Brown and Mr. McDowall; which being read, was referred on the part of this House, to Mr. B. Smith, Mr. Spiller, Mr. Dickens and Mr. Brevard, and returned to the Senate.

Received from the Senate the Petition of James Spiller, and the Petition of Timothy Riggs. Endorsed, read and referred as by the House of Commons. The Memorial of Thomas Evans. Endorsed, read and referred on the part of the Senate, to Mr. Brown, Mr. Lenoir, Mr. McDowall and Mr. Martin; which being read, was referred to Mr. Ewing, Mr. McNaine, Mr. Dickens, Mr. J. Rice & Mr. Person, and returned to the Senate.

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

The Committee to whom the Memorial of Humphrey Hardy, and the Petition of James McMasters and John Whitly was referred, Report:

That on examining the said Memorial and Petitions they observe the several grievances therein charged are not supported by proper vouchers or satisfactory testimony; they therefore recommend that they be rejected. Which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into consideration, concurred therewith.

Received from the Senate the Petition of the Inhabitants of Rutherford. Endorsed, read and referred on the part of the Senate, to Mr. McDowall, Mr. Carter and Mr. Wynns.

Received from the Senate the resolution of this House directing the Treasurer to withhold payment of three warrants granted to Colo. Outlaw, Concurred with.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the Bills for extending the Civil and Military authority of this State to the Inhabitants South of French Broad and Holston Rivers be referred as by you proposed.

Received from the Senate the Memorial of John Cade and Sampson Bridgers. Endorsed, read and referred to the Committee of Propositions and Grievances, No. 2; which being read, was referred as by the Senaate and returned.

Received from the Senate a resolution of that House to impower the Surveyor of the County of Robeson to apply for the Warrants and Survey the Lands in said County, that was entered in the entry office of the County of Bladen when it was undivided; which being read, was Concurred with and returned.

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

A Bill procuring testimony concerning the accots of this State, &c.;

A Bill directing the mode of choosing Senators to represent this State, &c.;

A Bill to amend an Act intitled “an Act for directing the method of appointing Jurors in all cases;”

A Bill to erect a public provision store in the County of —— for the accommodation of the Cumberland Guard, &c.;

A Bill to invest an indefeasible right of inheritance in Charles Alley and Prudence Oggs, &c.;

A Bill for adding Randolph County to Salisbury District, &c.;

A Bill to authorize and impower James Billingley to execute a deed or deeds of Conveyance agreeable to a power of Attorney, &c.;

A Bill to revive and continue in force, so far as respects the County of Johnston, an Act passed in the year 1786, intitled “an Act impowering the several County Courts therein mentioned to lay a tax,” &c.;

A Bill to vest certain Lands therein mentioned in the monthly meeting of the people called Quakers, in New Garden, in Guilford County;

A Bill to invest in Jeremiah and Robert Field an indefeasible right to certain property, &c.;

A Bill to repeal so much of an Act passed at Tarboro intitled “an Act to regulate the inspection of Tobacco,” as alludes to Classing the same;

A Bill for amending the Act for opening the Land office; &c.;

A Bill to repeal part of the 20th clause of an Act passed at Hillsborough, 1784, intitled “an Act to prevent the exportation of unmerchantable commodities;”

A Bill to Cede to the United States certain Lands therein mentioned.

The Bill to repeal part of an Act Intitled “an Act to explain an Act directing the duty of Naval Officers and all masters of Vessels coming into the Ports and Inlets of this State, was ordered to be read the second time to-morrow.

Ordered that the Bill to amend an Act intitled “an Act concerning proving of Wills and granting letters of administration and to prevent frauds in the management of intestates estates,” be read for the third time to-morrow; also that the Bill to amend an Act intitled “an Act directing the mode of proceeding against the real estate of deceased debtors, where the personal estate is insufficient for the payment of the debts,” be read for the third reading tomorrow; also ordered that the Bill to establish an University in this State, be read for the second time to-morrow.

Ordered that the Bill directing the manner of opening process in sundry cases arising in the Superior Courts of Law and Courts of Equity, to direct the manner of proceeding on assigned or endorsed Bills, bonds and notes under seal, to direct how joint obligations shall survive and to repeal an Act for calling forth the Militia to assist in executing civil process, be read for the second time to-morrow.

Received from the Senate a Bill to establish the lines of a certain Tract of Land granted unto Charles Gerrard. Endorsed, read the second time and passed. This bill was read the third time in this House and returned to the Senate.

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

The House met according to Adjournment.

Mr. Hamilton, from the joint balloting for two Senators to represent this State in the Congress of the United States, a public Treasurer for this State, and the place at which the next General Assembly shall be held, Reported,

That the Honorable Samuel Johnston, Esquire, was elected a Senator & John Haywood, Esquire, public Treasurer.

That there was yet one person to be elected as a Senator, and that no one place in nomination for holding the next Assembly at, had a Majority of votes.

The House taking this Report into consideration, concurred therewith.

Mr. Stokes moved for leave and presented a Bill to amend and enlarge an Act passed at Hillsboro in April, 1784, intitled “an Act to enable Mary Doud to sue for and recover to her own use, and the use of her Children by Conner Doud, all debts due and owing to the said Conner, and all other things in action which the said Conner Doud might lawfully sue for and recover were he a Citizen of this State, and intitled to the benefits of its laws.

The Bill to impower the wardens of the poor for the County of Currituck to lay a tax to enable them to settle the arrears due from said County to Persons who have supported the poor, was read the second time, passed and sent to the Senate.

Mr. Davie moved for leave to withdraw for amendment, the bill to emancipate certain Negroes therein mentioned. Ordered that he have leave accordingly.

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

Mr. Hamilton presented the Petition of sundry of the Inhabitants of Guilford County, which being read, was referred to the Committee appointed on the Bill for processioning Lands and sent to the Senate.

Mr. Rhea moved for leave and presented a Bill for erecting a Town on the Lands of Fergus Stone; and to amend an Act for the division of Rowan County, which was read the first time, passed and sent to the Senate.

Mr. Mebane presented the Petition of Henry E. Lutterloch, which being read, was referred to the Committee on Finance and sent to the Senate.

Mr. John B. Blount presented the Petition of William Brown, Esquire, of Bath Town, which being read, Mr. Blount then moved for leave and presented a Bill to enable William to use and shew forth in evidence the deposition of a certain William Ferguson, now deceased, to prove the consanguinity of the said William Brown with Thos. Brown late of the Town of Wilmington, now deceased.

Mr. Matthews moved for leave and presented a Bill to discharge the expences of an expedition against the Indians, which was read the first time, passed and sent to the Senate.

Mr. Hamilton moved for leave and presented a Bill to amend an Act entitled “an Act for the better regulation of the Town of Edenton, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have appointed Colo. Brown and Colo. Lenoir, who, with such Gentlemen as you may make choice of, will wait on the Honorable Samuel Johnston, Esquire, and acquaint him of his election as Senator from this State to the Congress of the United States.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have on our parts appointed Mr. Stokes and Mr. Graves to attend the Honorable Samuel Johnston, Esquire, and acquaint him with his election to the office of Senator, to represent this State in the Congress of the United States.

Mr. Wood moved for leave and presented a Bill directing returns to be made of the Taxable property in the middle District of Anson County for the year 1788, which was read the first time, passed and sent to the Senate.

Resolved, That all public Bills shall be considered as first in the order of the day of each day, and that this House will regularly proceed on them accordingly.

Resolved, That the several Committees to whom business of a public nature is referred be directed to make report on such business as soon as possible.

The Bill for procuring Testimony concerning the accounts of

this State and the United States, was read the Second time, amended, passed, and sent to the Senate.

Mr. Guion presented the Petition of Peter Franklin, which being read, Mr. Guion moved for leave and presented a Bill to ascertain the true courses of a tract of Land granted to Edward Howcutt and now the property of Peter Franklin of Craven County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you the Petition of Peter Franklin together with a Bill to answer the prayer of his Petition, which we propose shall be Committed to the Gentlemen appointed to consider of the Petition of Greenbury Sutton. We have added Mr. Nixon to this Committee.

The Bill to amend an Act intitled “an Act concerning proving of Wills and granting letters of Administration, and to prevent frauds in the management of intestates estates,” was read the third time, amended, passed and sent to the Senate.

Received from His Excellency the Governor, the following Message:

To the Honorable the General Assembly:

Gentlemen:

In consequence of my appointment to represent the Legislature of this State in the Senate of the United States, it becomes necessary that I should resign the appointment of first Magistrate for the ensuing year, which the Assembly did me the honor to confer on me early in the present Session. I do therefore most cheerfully, and with the utmost gratitude for the high confidence placed in me by the Legislature decline the honor of serving the State as their Chief Magistrate for the ensuing year and considering it my duty on all occasions to submit to the voice of my Country, do accept the appointment to a seat in the Senate of the United States.

Should my exertions in the execution of that important trust merit in any degree the approbation of my Fellow Citizens, it will be an ample recompense for the sacrifices in my Domestic concerns, which I must necessarily make on this occasion.

SAM. JOHNSTON.

Fayetteville, 27 Novemr., 1789.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Petition of Peter Franklin stand referred as by you proposed.

Mr. Speaker & Gentlemen:

Mr. Gregory, Mr. Skinner, Mr. Carter and Mr. Brown will, on the part of this House, act with the Gentlemen by you named for the purpose of enquiring into and reporting on the application of the Money drawn for the accommodation of the Cumberland Guard, &c.

Received from the Senate a Bill to alter the times of holding the annual Assemblies of this State; and

A Bill directing returns to be made of the Taxable property in the middle District of Anson County for the year 1788. Endorsed, read the first time and passed.

Received also a Bill to impower the wardens of the poor for the Counties of Franklin & Surry to build a House or Houses for the reception of the poor; and

A Bill for dividing the County of Surry into two distinct Counties, and for other purposes. Endorsed, read the second time and passed.

The Bill granting the Inhabitants of Tyrrell County the privilege of holding separate elections for Members of Assembly, was read the first time, passed and sent to the Senate.

The Bill directing the manner of issuing process in sundry cases arising in the Superior Courts of law and Courts of equity; To direct the manner of proceeding in assigned or indorsed bills, bonds and notes under seal; To direct how joint obligations shall survive; and to repeal an Act calling forth the Militia to assist in executing Civil process, was read the second time, passed and sent to the Senate.

Received from the Senate the resolutions of this House directing the Committee to report, &c., Concurred with.

Mr. Davie moved for leave and presented a Bill directing the mode of proceeding in Writs of Mandamus, which was read the first time, passed and sent to the Senate.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We propose adjourning till To-morrow 4 O’clock P. M., in order that the Committees may report on the business before them.

Mr. Speaker & Gentlemen:

The Honorable Samuel Johnston having signified his acceptance of the appointment of Senator from this State to the Congress of the United States, we propose that a Governor of this State be made choice of To-morrow evening at 4 O’clock, and nominate the Honorable John Williams, Alexander Martin and Charles Johnson, Esquires. We also propose that one person to represent this State as Senator in the Congress of the United States and the place at which the next General Assembly shall be held, be balloted for at the same time, and nominate for Senator, William Lenoir, William Blount and Benjamin Hawkins, Esquires; for the place at which the next Assembly will set, the Towns of Tarborough, Fayetteville, New Bern and Nashville.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We cannot concur with your Message proposing to ballot to-morrow evening for a Governor, Senator, and the place of holding the next Assembly, but propose that business be done on Wednesday evening at 4 O’clock. We propose also that the two Houses adjourn till Monday Morning next to make way for the Committees entering on the business referred to them.

Mr. Person moved for leave and presented a Bill for establishing a Town at a place called Oxford on the Lands of —— which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of John Crawford; The Petition of Peter Munroe; the Petition of Robert Rayford; the Petition of John Walker; the Petition of Wilson Taylor; the Memorial of Henry Giles; the Petition of James Miller, and the Petition of sundry of the Inhabitants of Guilford County. Severally endorsed, read and referred as by the House of Commons.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We have added the name of Timothy Bloodworth to the nomination of Senators.

Mr. Speaker & Gentlemen:

We propose that the bill to discharge the expenses of an expedition against the Indians, and the Bill to impower the County Treasurer and Collectors in the several Counties in the district of Washington

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to receive from any person or persons in payment of their public Taxes any accots., &c., be submitted to the Committee appointed to report on the warrants laid before the Assembly by Mr. Outlaw.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Bill to discharge the expences of an expedition against the Indians and the bill to impower the County Treasurer and Collectors in the several Counties in Washington District to receive in payment of Taxes, Accots., &c., be referred to the Committee appointed to report on the warrants granted to Colo. Outlaw, as by you proposed.

Received from the Senate the following reports of the Committee of Propositions and Grievances, concurred with by that House, to-wit.:

On the Petition of James Bonner;

On the Petition of Thomas Withers;

On the Petition of James Fletcher;

On the Petitions of James McMasters and John Whitley.

Received from the Senate a Bill for erecting a Town on the Lands of Fergus Stone, &c.; and a bill to amend an Act intitled “an Act for the regulation of the Town of Edenton.” Endorsed, read the first time & passed.

Received also a Bill for procuring Testimony concerning the accounts of this State, &c.; and a Bill to impower the wardens of the poor for the County of Currituck to lay a Tax to enable them to settle the arrears due from said County, &c. Endorsed, read the second time and passed.

Ordered that the Bill for dividing the County of Surry into two Distinct Counties, and for other purposes, be read for the second time to-morrow; also that the Bill for amending the Act for opening the Land office, and for the redemption of Specie and other Certificates, and discharging the arrears due to the Army, be read for the second time to-morrow.

Ordered that the Bill to amend the Act intitled “an Act directing the mode of proceeding against the real estate of deceased debtors, where the personal estate is insufficient for the payment of debts,” and the Bill to prevent the exportation of raw Hides of neat Cattle,

Calf Skins, Beaver, Rackoon and Fox furs, be read for the third time to-morrow.

The House adjourned till Monday Morning 10 O’clock.

The House met according to Adjournment.

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

Mr. Bonds presented the Petition of John Row, which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

Mr. Wilson moved for leave and presented a Bill for the relief of such persons as may be wounded by the Indians within the district of Mero, and for other purposes; which was read the first time, passed and sent to the Senate.

Mr. Stokes moved for leave and presented a Bill for the relief of persons who, before the commencement of the late war, purchased Lands from Henry Eustace McCulloch, and have never obtained titles to the same.

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

The Committee to whom the Memorial of Cosimo Medici was referred, Report,

That the said Medici may be permitted to withdraw the Memorial and papers relating thereto, except as to the third object, wherein it was satisfactorily proven to the Committee that the said Medici incurred a debt of six pounds two shillings and eight pence for the support of himself and a party of light dragoons then in service of the United States and for which he gave his note in the year 1776 to Colo. Lane, of Wake County, and is now subject to the payment thereof in actual Money; the Committee therefore are of opinion that the Treasurer be, and he is hereby directed, to pay the said sum of Six pounds two shilling and eight pence to the said Captain Medici. Which is submitted.

WYATT HAWKINS, Chm.

The House taking this report into consideration, concurred therewith.

The Bill to repeal part of an Act intitled “an Act to explain an Act directing the duty of Naval officers and all Masters of Vessels coming into the ports and inlets of this State,” was read the second time, amended, passed and sent to the Senate.

Mr. Davie moved for leave and presented a Bill directing the collectors of imposts and other duties to collect the same for the use of this State until the Congress of the United States shall make provision for that purpose; which was read the first time, passed and sent to the Senate.

Mr. Porter presented the Petition of William Nash, setting forth that John Taylor, Esquire, one of the Justices of Orange County, was a disorderly person, &c., and praying an enquiry therein; which being read, was referred to the Committee appointed on the Petition of Mr. Butler and sent to the Senate.

Mr. Mebane presented the Petition of George Doherty and Vincent P. Williamson, Executors of Capt. William Williams; which being read, was referred to the Committee on the Petition of Daniel Williams and sent to the Senate.

Mr. Mebane presented the Petition of James Newlin, which being read, was referred to the Committee of Propositions and Grievances and sent to the Senate.

Mr. B. Williams moved for leave and presented a Bill for levying a further Tax in the several Counties in the District of New Bern, and for calling to account the Commissioners of the same; which was read the first time, passed & sent to the Senate.

Mr. Grove moved for leave and presented a Bill to alter the mode of appointment of Inspectors of Tobacco at Fayetteville Warehouses, and to amend an Act intituled “an Act for the better regulation of the Town of Fayetteville,” passed at Tarborough 1787, and to ascertain the limits of the said Town of Fayetteville.

Mr. Rhea, from the Committee to whom was referred the Bill to repeal part of an Act entitled “an Act, 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,” Reported,

That on examining sundry papers and hearing oral Testimony, it appears that John Sevier, Esquire, together with sundry other persons in the said Counties, did in the years 1785, 1786 and 1787, in a great measure subvert the peace & good order of Government

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of the State of North Carolina; that their conduct was in many particulars highly reprehensible. Your Committee further report, that at the time the people in those Counties first attempted to subvert the Government of North Carolina the said John Sevier, Esquire, did oppose them in such a manner as actually to prevent elections from being held under their new Government in two of the Counties, and when he at last joined them it was in obedience to the entreaties of several of the most influential persons in that part of the Country. Your Committee therefore conceive, that as the offences of all the citizens of the said Counties have been pardoned and consigned to oblivion, the said John Sevier, Esquire, ought to be placed in the same situation, it appearing to your Committee that he was not as highly reprehensible as many others. All of which is submitted.

JOHN RHEA, Chn.

The House taking this report into consideration, Concurred therewith; whereupon, the Bill to repeal part of an Act entitled “an Act 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 third time, passed and ordered to be Engrossed.

Mr. B. Smith presented the Petition of Benjamin Williams; which being read, Mr. Smith moved for leave and presented a Bill to confirm unto Benjamin Williams an indefeasible title to a certain piece of Land in Brunswick County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you the Petition of Benjamin Williams, of Brunswick County, and a Bill to answer the prayer thereof, which we propose referring to the Committee appointed on the Petition of Daniel Williams.

Received from the Senate the following Messages:

Mr. Speaker & Gentlemen:

We have added to the Committee appointed to introduce a Bill directing the time, manner and place of Electing representatives, Mr. Brown, Mr. Macon, Mr. Sevier, Mr. Smith, Mr. Willis & Mr. McLaine. We have also appointed Mr. Skinner and Mr. Willis to examine the Engrossed Bills.

Mr. Speaker & Gentlemen:

We agree to ballot on Wednesday next for a Governor, Senator and place of holding the next Assembly, as by you proposed, and have added the name of Timothy Bloodworth, Esquire, to the nomination of Senator.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Jones and Mr. Hamilton of Edenton, to assist in examining the Engrossed Bills.

The Bill to ratify the amendments to the Constitution of the United States, was read the second time, amended, passed and sent to the Senate.

The Bill for dividing the County of Surry into two distinct Counties, and for other purposes, was read the second time, passed and sent to the Senate.

Received from the Senate the report of the Committee on the Memorial of John Whitaker. Endorsed, read and concurred with.

Received also the Bill directing the Mode of proceeding on writs of Mandamus; and a Bill for establishing a Town at a place called Oxford, on the lands of ——, in Granville County. Endorsed, read the first time and passed.

Received from the Senate an Act for pardoning John Bradley, of the Town of Wilmington, ratified by the Speaker of that House, which was ratified by the Speaker of this House also.

Mr. Person, from the Committee to whom was referred the representation of the Honbl. the Judges of the Superior Courts of Law, delivered in a report thereon; which being read, was rejected.

The Bill for procuring Testimony concerning the accounts of this State and the United States, was read the third time, amended, passed and sent to the Senate.

Received from the Senate a Bill for the relief of such Persons as may be wounded by the Indians within the district of Mero, and for other purposes; and a Bill to appoint Commissioners for carrying into effect an ordinance of the Convention of Hillsborough, and for the purposes therein mentioned. Endorsed, read the first time and passed.

Received also, 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 second time and passed.

The Bill to prevent the exportation of Raw Hides, pieces of Hides of neat Cattle and Calf Skins, Beaver, Rackson and fox furs, was read the third time, passed and ordered to be Engrossed.

The question being put shall this Bill pass, was carried in the affirmative; whereupon the yeas and nays were required by Mr. McDowall, and seconded by Mr. McDowall, Jr., which are as follows:

Yeas—Messrs. Pugh, W. Wood, D. Stewart, Nixon, Bell, J. Allen, Dauge, J. Rice, I. Hill, E. Phillips, Dickens, Beck, Anderson, Jo. Stewart, Dickson, Lassiter, Person, G. Hamilton, Yancey, Creecey, J. Moore, J. H. Bryan, R. Montgomery, Matthews, H. Baker, J. White, J. Johnston, Barrott, Bonds, Pride, J. Stewart, Peete, T. Allen, Perry, McLaine, Sutton, Armstrong, Mebane, Everagin, Chesson, E. Jones, Bethell, Bostick, Nash, Scott, E. Hamilton, J. Johnston, Hines, Spruill, Handley, Love, W. Hawkins, Sanders, Blair, Lock, D. Wilson, Porter, B. Jones, Chambers, Lindley, T. Blount, Z. Wood, J. Thompson, Stokes, Wallace, Mooring, Davie, B. Smith, J. G. Blount, J. A. Campbell, Snead.—71.

Nays—Messrs. J. McDowall, Duke, Grove, Ewing, Alderson, Phifer, A. Phillips, Holland, J. Brown, Ellison, J. Baker, J. McDowall, Jr.—12.

Mr. McDowall, Junr., moved for leave to enter his protest against the passage of this Bill. Ordered that he have leave accordingly.

Received from the Senate the Petition of John Row, and the Petition of George Doherty and Vincent P. Williamson, Exers. of Capt. William Williams. Endorsed, read and referred as by the House of Commons.

Received also the Memorial of Billy Hughes. Endorsed, read and referred to the Committee of Propositions and Grievances No. 1.

Received from the Senate the report of the Committee of Finance. Endorsed, read and Concurred with; which being read, was concurred with by this House and returned.

Mr. Hawkins, from the Committee, delivered in the following report:

The Committee to whom the Petition of Andrew Grier was referred, Report,

That a Certificate, granted by the General Assembly in the year 1784, to Edmund Williams of Washington County, the said Grier

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lost out of his pocket, about the last of October near the Moravian Towns; as Mr. Grier did not prove the destruction of the said Certificate or the impossibility of its coming into circulation, the Committee think it impolitic to grant another under these circumstances; they therefore recommend the said Petition be rejected. Which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into consideration concurred therewith.

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

The Committee to whom the Petition of John Smallwood was referred, Report,

That a Certificate issued by Messrs Connor and Hawks, Auditors in New Bern District, to Richard and James Ellis for one hundred and twenty-five pounds six Shillings, for one hundred and seventy-nine Gallons of Rum supplied to the State, was in December last washed up and destroy in a Jacket of the said Smallwood.

The Committee therefore recommend that the Comptroller be directed to issue to the said Smallwood, a Certificate to the same amount, and to bear the same date, on Mr. Smallwood’s giving sufficient security to indemnify the State.

Which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into consideration, Concurred therewith.

The Bill for amending the Act for opening the Land office for the redemption of Specie and other Certificates, & discharging the arrears due to the Army, was read the second time, amended, passed and sent to the Senate.

Mr. Hamilton of Edenton, moved for leave and presented a Bill to emancipate Charles Alley and Prudence Oggs.

Mr. Davie who had leave to withdraw for amendment a Bill to emancipate certain negroes therein mentioned, delivered in the bill at the Clerk’s Table.

Mr. Hamilton of Edenton, moved for leave and presented a Bill to exempt the District of Morgan from the effects of an Act passed

this Session, intitled “an Act to prevent the exportation of raw hides,” &c.

Mr. Davie moved for leave and presented a Bill for the more easy redemption of Mortgages.

Mr. Grove moved for leave and presented a Bill to amend an Act passed in the year 1770 intitled “an Act for opening and improving the navigation of lower little River in Cumberland County.”

Mr. Stokes, from the Committee to whom was referred the Memorial of Doctor Frederick Ramche, delivered in the following report, to-wit:

The Committee to whom was referred the Memorial of Doctor Frederick Ramche of Edenton, Report,

That having considered the Memorial of Doctor Frederick Ramche and the vouchers of his services during the war, are of opinion that Doctor Ramche should be exempted from Militia duty on account of his services, in the same manner as other Continental officers. Which is submitted.

J. STOKES, Chn.

The House taking this Report into Consideration concurred therewith.

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

The Committee to whom the Petition of Ritchie & Co., and Hooper & Co., Merchants, was referred, Report,

That the said Merchants imported into Cape Fear, Seventeen thousand two hundred Bushels of Salt and were by the Bills of lading compelled to give their bonds for the payment of the duty thereon, agreeably to Law.

That by exact calculations made at the time of the said Vessels disbursing the said Salt at Wilmington, and which are sufficiently authenticated by affidavits therewith presented, it appears the said Merchants received only fourteen thousand three hundred and forty-nine Bushels.

The Committee therefore are of opinion, and recommend that the Collector of the impost at Port Brunswick be directed to credit the Bonds of the said Ritchie and Hooper, given for the payment of the duty aforesaid, for the full amount of such deficiencies, to-wit: for

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the duty on two thousand eight hundred and fifty one Bushels of Salt. Which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into consideration, concurred therewith.

Mr. Hawkins, from the Committee, delivered in the following Report:

The Committee to whom the Petition of James Mebane and John Taylor was referred, Report,

That at a sale of confiscated property in Hillsborough District in the year 1782, the said Mebane and Taylor purchased of William Moore, the then Commissioner, four Tracts of Land for the sum of eleven hundred and Sixty one pounds, or thereabout. That after paying a considerable part of the said Consideration they gave their bond for the payment of the balance at the end of five years with Interest from the date of said bond. That some time after the said Mebane and Taylor sold the aforesaid Lands to James Williams then of Orange County, stipulating with the said Williams for him to pay the aforesaid balance of three hundred and eighty-seven pounds and Interest, which the said Williams failing to do, the Treasurer brought suit against the said Mebane and Taylor at the last Superior Court in Hillsborough District for the aforesaid balance and interest, amounting to four hundred and seventy four pounds, one Shilling and three pence.

That the said Mebane and Taylor, the more expeditiously to recover the aforesaid balance and interest of the said Williams, agreeably to the tenor of their bargain, came into Court and confessed a judgment for the same.

The Committee considering the premises are of opinion and recommend, that by a Resolution the Clerk of Hillsborough District be directed to stay the execution for the aforesaid Judgment twelve months, that the said Mebane and Taylor may have an opportunity to recovering the amount of said Judgment of the said Williams, they giving additional and sufficient Security for the payment of the said balance and Interest at the expiration of the said suspension.

Which is submitted.

WYATT HAWKINS, Chn.

The House taking this report into Consideration Concurred therewith.

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

The House met according to adjournment.

Mr. Person moved for leave and presented a Bill to vest a certain Tract of Land in James Forsyth.

Received from the Senate the Petition of Thomas Amis and Francis Ferrynaut. Endorsed, read and referred to the Committee on the Petition of Lewis McPherson; which being read, was referred as by the Senate and returned.

Mr. John G. Blount presented the Petition of Cosimo Medici; which being read, was referred to the Committee of Propositions and Grievances, No. 1, and sent to the Senate.

Mr. Blair presented the Petition of Elisha Hadden; which being read, was referred to the Committee of Propositions & Grievances, No. 1, and sent to the Senate.

Ordered that the Petition of Thomas Benbury, Collector of Port Roanoke, be referred to the Sub-Committee of Finance, No. 6.

Mr. Thomas P. Williams presented the Petition of Maurace Baum and Hannah Pugh of Currituck County; which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

Mr. Hamilton of Edenton, moved for leave and presented a Bill to regulate the proceedings of Elections in certain instances in the Borough Towns in this State; which was read the first time, passed and sent to the Senate.

Mr. Jo. Stewart presented the Petition of Judith Dowd; which being read, was referred to the Committee of Propositions and Grievances, No. 1, and sent to the Senate.

Mr. Alderson presented the resignation of Andrew Sanders, a Justice of the Peace for Hyde County; which being read, was accepted and sent to the Senate.

Mr. Hamilton moved for leave and presented a Bill directing the mode of raising a fund in the several Ports in this State for the support

of sick seamen and the manner of appropriating the same; which was read the first time, passed and sent to the Senate.

Received from the Senate a Bill for levying a further Tax in the several Counties in the District of New Bern, and for calling to account the Commissioners of the same; and a Bill for directing the Collectors of imposts and other duties to collect the same for the use of this State until the Congress of the United States shall make provision for that purpose. Endorsed, read the first time and passed.

Received also, a Bill to ratify the amendments to the Constitution of the United States; and a Bill granting to the inhabitants of Tyrrell County a privilege of holding separate elections for Members of Assembly. Endorsed, read the second time and passed.

Received from the Senate the report of the Committee on the Petition of Cosimo Medici, Concurred with by that House.

Received also the resignation of James Freeland and Benjamin Murrell, accepted by that House.

The Bill to amend an Act intitled “an Act directing the mode of proceeding against the real estate of deceased debtors, where the personal estate is insufficient for the payment of the debts;” was read the third time, amended, passed and sent to the Senate.

Mr. Stokes moved for leave and presented a Bill for the relief of parties in certain suits depending in the Superior Court of Law for the District of Morgan, which was read the first time, passed and sent to the Senate.

Received from the Senate the report of the Committee of Claims on the Memorial of Andrew Jackson, Esquire, Concurred with by that House; which being read, was also Concurred with and returned.

Mr. Stokes presented the Petition of sundry of the Inhabitants of the Counties of Montgomery, Anson, &c.; which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

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

Received from the Senate a Bill for raising a revenue for the payment of the Civil List and Contingent charges of Government for the year 1790. Endorsed, read the first time and passed. This Bill was read for the first reading in this House and returned to the Senate.

The Bill directing the mode of choosing Senators to represent this State in the Congress of the United States, was read the first time, passed and sent to the Senate.

The Bill for the more easy redemption of Mortgages, was read the first time, passed and sent to the Senate.

The Bill to appoint Commissioners for carrying into effect an Ordinance of the Convention at Hillsborough & for the purposes therein mentioned, was read the first time and the question being put “shall this Bill pass” was objected to, the House divided, and there were for the passage fifty two and against it fifty-two; whereupon, the Honbl. Speaker giving his own vote, pronounced that the bill passed. The yeas and nays therein were called for by Mr. Phifer & seconded by Mr. Lock, which are as follows, to-wit:

Yeas:—Messrs. Grice, Pugh, T. P. Williams, Duke, Nixon, Bell, J. Allen, Sawyer, Dauge, Wommack, J. Hill, E. Phillips, Sherrod, Dickens, Lassiter, Person, Alderson, Outlaw, Yancey, Creecey, B. Williams, R. Montgomery, Qualls, Norfleet, H. Baker, White, Bonds, J. Stewart, W. Williams, S. Allen, Perry, Sutton, Armstrong, Everagin, Drew, Chesson, Hamilton, Guion, T. Johnson, Hines, Spruill, P. Hawkins, Handley, W. Hawkins, B. Sanders, T. Blount, Peters, Wallace, Mooring, Davie, J. G. Blount, J. Baker.—52.

Nays-Messrs. May, McKay, McDowall, Cowan, D. Stewart, Grove, J. Rice, Ewing, Beck, Jo. Stewart, G. Hamilton, Gillispie, Moore, King, Brevard, J. Johnston, Barrott, Spicer, Pride, Snead, Phifer, Jo. Douglass, Peete, W. Johnston, Tindale, Mebane, Rhea, E. Jones, Bethell, Bostick, N. Brown, Scott, Edwards, Barnes, Love, Blair, Lock, Holland, D. Wilson, Porter, B. Jones, Chambers, J. Brown, Lindley, Ellison, Z. Wood, Spiller, Stokes, B. Smith, J. A. Campbell, E. Williams, McDowall, Jr., Matthews.—53.

It was moved by Mr. Lock and seconded by Mr. McDowall, that the vote of the House on the passage of this Bill be reconsidered; this being objected to, the question was put “will the House reconsider the vote,” and carried in the affirmative; whereupon the Bill was again taken up and put on its passage, & the question being put, “shall this Bill pass,” was negatived.

Received from the Honbl. the President of the late Convention, the following Message:

To the Honbl. the General Assembly:

Gentlemen:

I herewith send you the Journals of the Proceedings of the Convention, to be disposed of in such manner as you think proper.

SAML. JOHNSTON, President of the Convention.

Resolved, That the Journals of the proceedings of the last Convention be deposited by the Clerks of the General Assembly in the office of the Secretary of this State.

Received from His Excellency the Governor, the following Message:

To the Honorable the Speaker of the House of Commons:

Sir:

I herewith send you a Copy of the Journals of the House of representatives of the Congress of the United State, which were transmitted to me by the Secretary of that House and came to me the last evening by express.

SAM. JOHNSTON.

Received from His Excellency the Governor, the following Message:

To the Honorable the General Assembly:

Gentlemen:

You will with this, receive a letter from the Consul of France to Mr. Thomas, one of your agents for settling the accounts of this State, which I think it my duty to lay before you.

SAML. JOHNSTON.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you several Messages this day received from the Honbl. Samuel Johnston; the letter from the Consul of France enclosed in one of them we propose to refer to that branch of the Committee on Finance who have under consideration the Martinique demand; the other relative to the Journals of the late Convention, we have framed a resolve on which we send for your Concurrence.

Ordered that the Bill to repeal so much of an Act passed at Tarborough, intitled “an Act to regulate the Inspection of Tobacco,” as alludes to Classing the same, be committed to Mr. E. Jones, Mr. J.

G. Blount, Mr. Person, Mr. Bostick, Mr. P. Hawkins & Mr. J. Stewart.

The Honbl. the Speaker, laid before the House the following Message from the Comptroller:

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

Gentlemen:

Agreeable to your resolve of the 24th November, I herewith lay before your Honourable body an account of all the balance due to the public from individuals in the said State, as they stand on the books in my office.

FRANS. CHILD, Comptr.

Ordered that the account of balances reported by the Comptroller be referred to the Committee of Privileges and Elections of this House, and sent to the Senate for their perusal.

The Bill to alter the mode of appointment of Inspectors of Tobacco at Fayetteville Ware House, and to amend an Act intitled “an Act for the better regulation of the Town of Fayetteville, passed at Tarborough, 1787, and to ascertain the limits of Fayetteville,” was read the first time, passed and sent to the Senate.

Mr. Davie, from the Committee appointed, &c., delivered in a Bill directing the manner of electing Representatives to represent this State in Congress; which was read the first time, passed and sent to the Senate.

Ordered that the Bill for dividing the County of Surry, be read to-morrow for the third reading.

Ordered that the Committee to whom was Committed the Bill for the redemption of the Certificates, &c., be directed to make report To-morrow.

Mr. Person presented the Memorial of the Honbl. Samuel Spencer, Esquire, on the behalf of himself and the other Judges of the Superior Courts, on the Subject of Salaries; which being read, The House Resolved, they would again take up the Subject.

Ordered that the Bill to amend an Act for the better regulation of the Town of Edenton, and a Bill to establish a public Inspection of Tobacco in the Town of Clarksville, be read for the second reading To-morrow.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have reconsidered and rescinded our resolution of the 28th Inst., relative to the introduction of Bills of a private nature, and propose that they may be received in either house until Saturday.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the time for receiving bills of a private nature be lengthened until Saturday as by you proposed.

Received from the Senate a Bill for the promotion of learning in the County of Currituck; and a Bill directing the mode of paying the Members of the General Assembly. Endorsed, read the first time and passed. Received also a Bill to repeal part of an Act intitled “an Act directing the duty of Naval officers, and all masters of vessels coming into the ports and inlets of this State.” Endorsed, read the second time and passed.

Received from the Senate the following Reports of the Committee of Propositions and Grievances, concurred with by that House, to-wit.:

On the Petition of Ritchie & Co.;

On the Petition of Andrew Grier;

On the Petition of John Smallwood;

On the Petition of James Mebane and John Taylor.

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

The House adjourned to Wednesday Morning next 9 O’Clock.

The House met according to adjournment.

Mr. Rhea presented the Memorial of John Montgomery; which being read, was referred to Mr. McDowall, Senr., Mr. Rhea, Mr. Drew, Mr. McLaine, Mr. Moore, on the part of this House and sent to the Senate.

Received from the Senate the report of the Committee on the Petition of Benjamin Williams. Endorsed, read and Concurred with.

Received from the Senate a Bill to confirm unto Benjamin Williams an indefeasible title to a certain piece of Land in Brunswick County. Endorsed, read the first time and passed. This Bill was

read the first time in this House, passed and returned to the Senate.

Received from the Senate a report of the Committee on the Petition of John Gray and Thomas Blount; on the Petition of John Steele, Commissioner, &c.; and on the Petition of John Walker. Endorsed, read and Concurred with; which reports being read, were concurred with by this House and returned.

The Petition of John Armstrong, which had heretofore been referred to the Committee on Finance, was read and referred to the Committee of Propositions and Grievances, No. 1, and sent to the Senate.

Received from the Senate the Memorial of James Saml. Purdie, late Sheriff for the County of Bladen. Endorsed, read and referred on the part of this House to Mr. Brown & Mr. Willis; which being read, was referred to Mr. Cowan, Mr. Stewart and Mr. Barns, and returned.

Mr. McLaine presented the Petition of Jane Simpson; which being read, was referred to the Committee appointed on the Petition of Lewis McPherson & Mr. Grove and Mr. Holland added thereto.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have added Mr. Benford to the Committee of Propositions and Grievances, No. 2.

Received from the Senate a resolution of that House on the Memorial of William Nall, late Sheriff of Wilkes County; which being read, was amended, Concurred with as amended, and returned to the Senate.

Received from the Senate a Bill directing the manner of electing representatives to represent this State in Congress; and a Bill for the relief of Securities in joint obligations. Endorsed, read the first time and passed. Received also, a bill directing the mode of choosing Senators to represent this State in the Congress of the United States; and a Bill for levying a Tax in the District of Salisbury for furnishing the Court House, &c. Endorsed, read the second time and passed.

Received from the Senate the Petition of Cosimo Medici, the Petition of Judith Dowd, the Petition of Elisha Hadden, the Petition of John Armstrong, and the Petition of Maurice Baum. Severally endorsed, read and referred as by the House of Commons.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the letter from the Consul of France be reported on by that branch of the Committee of Finance who have under their consideration the Martinique demand.

Received from the Senate the resolution of this House directing the Journal & proceedings of the Convention to be filed in the Secretary’s office, Concurred with.

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

A Bill to alter the mode of appointment of Inspectors of Tobacco at Fayetteville Warehouse, &c.;

A Bill for the relief of parties in certain Suits depending in the Superior Court of Law for the district of Salisbury;

A Bill directing the mode of raising a fund in the several Ports in this State for the relief of sick Seamen, &c.;

A Bill to regulate the proceedings of Elections in certain instances in the Borough Towns of this State;

A Bill for the more easy redemption of Mortgages.

Received from the Senate the Petition of Jane Simpson. Endorsed, read & referred as by the House of Commons. Received also the Memorial of John Montgomery. Endorsed, read and referred to Mr. Graham, Mr. Carter and Mr. Smith.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have appointed Mr. Hargett and Mr. Graham to superintend the balloting this evening.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have on our parts, appointed Mr. T. Blount and Mr. Hamilton of Guilford, to superintend the Balloting this evening.

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

Met according to adjournment.

Mr. Jones presented the Petition of John Bradley and others, whose names are thereunto subscribed, praying, &c; which being read, was referred to the Committee appointed on the Petition of Lewis McPherson and sent to the Senate.

Mr. Wood presented the Petition of Thomas Thomas, which being read, Mr. Wood then moved for leave and presented a Bill vesting an indefeasible title to Thomas Thomas of Anson County, for four hundred acres of Land.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill herewith sent you, vesting an indefeasible title to Thomas Thomas of Anson County for four hundred acres of Land, be referred to the Committee appointed on the Petition of Greenbury Sutton.

Received from the Senate the Petition of William T. Batey, Administrator, &c. Endorsed, read & referred to the Committee of Propositions and Grievances, No. 1; which being read, was referred as by the Senate and returned.

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

Received from the Senate the Memorial of William Blount. Endorsed, read and referred to Mr. Gowdy, Mr. Ashe, Mr. Hargett; whcih being read, was referred on the part of this House, to Mr. Mebane, Mr. Armstrong, Mr. Person, Mr. McDowall & Mr. J. Allen & returned.

Mr. Chambers presented the Petition of Nancy Horah, which being read, was referred to the Committee on the Petition of William Brandon, and sent to the Senate.

Mr. Porter presented the Petition of William Gilbert, 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 have directed the Superintendents to wait on the sick absent Members now in Town in order to receive their votes and hope that they will receive like instructions from your House.

Resolved, That the House do concur with the proposition contained in the above Message:

Ordered that Mr. David Rice be excused for absenting himself from the service thereof without leave, the reasons for his absenting himself being very urgent.

Mr. Brevard presented the Petition of Centre Benevolent Society; which being read, Mr. Brevard moved for leave and presented a Bill to incorporate a Society of persons by the name of Centre Benevolent Society, which was read the first time, passed and sent to the Senate.

Mr. Wilson presented the Petition of Robert Hays, which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

Received from the Senate the Petition of William H. Baty. Endorsed, read and referred to the Committee on the Petition of James Purdie; which being read, was referred as by the Senate and returned.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The Bill for annexing part of the County of Bladen to the County of Cumberland, we propose shall be reported on by the Committee appointed on the Petition for dividing Hawkins County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We consent that the bill for adding part of Bladen County to the County of Cumberland be referred as by you proposed.

Mr. Stokes presented the Petition of Robert Martin, Esquire, Clerk of Salisbury Superior Court; which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We propose that a Committee be appointed to consist of Members from each House, to take under consideration and report what steps are proper to be taken in order that this State may recover of Benjamin Exum the Money which this State is likely to lose through his misconduct as late Treasurer of the District of New Bern, and have appointed for this purpose on our parts, Mr. Ashe, Mr. Gillespie and Mr. Macon.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have on our parts appointed Mr. Person, Mr. Davie, Mr. Dickens, Mr. Stokes and Mr. P. Hawkins, to act with the gentlemen by

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you appointed to report to the Assembly what measures are proper to be pursued to recover of Ben. Exum the losses which are likely to be sustained by his misconduct as late Treasurer, &c.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The resolution of your House in favour of William Nall, the Sheriff of Wilkes County, we propose shall be referred to the Committee appointed on the Petition of James Purdie, and that they so model it as to answer the prayer of the Petitioners without an injury to the State.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the resolution of your House in favour of William Nall, late Sheriff of Wilkes County, be referred as by you proposed.

Mr. Stokes, from the Committee to whom was referred the Memorial of Erick Salerstead, &c., delivered in the following Report:

Your Committee to whom was referred the Memorial of Erick Salerstead and Jane his wife, and Peter Mallett, in behalf of themselves and others, praying that suits at law commenced against them by the Attorney General on behalf of the State, may be ordered to be discontinued, Report,

That the General Assembly cannot with propriety give relief to the Memorialists, a Court of law being the only proper tribune for the decision of the controversy. Which is submitted.

JOHN STOKES, Chairman.

The House taking this report into consideration, concurred therewith.

Ordered that the Bill to cede to that part of the Citizens of this State, who reside west of the great Iron mountains, the Territorial right thereof, &c., &c., be read the second time to-morrow.

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

The House met according to adjournment.

Mr. Hamilton of Guilford, from the joint balloting for a Governor of this State and a Senator to represent this State in the Senate of

the United States and the place at which the next General Assembly shall be held, Reported,

That no one person in nomination for a governor of this State, nor for a Senator to represent this State in the Senate of the United States, had a Majority of votes for such appointments.

That Fayetteville was the place at which the next General Assembly shall be held, as appointed by a Majority of the votes of both houses.

The House taking this report into consideration, Concurred therewith.

Received from the Senate the Memorial of James Armstrong. Endorsed, read and referred to Mr. Brown, Mr. Gillispie and Mr. Clinton, on the part of the Senate; which being read, was referred on the part of this House to Mr. Mebane, Mr. Hamilton of Edenton, Mr. Pride, Mr. Hawkins and Mr. E. Jones on the part of this House, and returned to the Senate.

The Honbl. the Speaker laid before the House a return made by the public Treasurer of the balances due by the several public delinquent debtors; which being read, was referred to the Sub-Committee of Finance who have under consideration the Treasurer’s accots., and sent to the Senate.

Received from the Senate the Petition of Joseph Green. Endorsed, read and referred to the Committee of Propositions and Grievances, No. 2; which being read, was referred as by the Senate and returned.

Received from the Senate the Petition of John Markland. Endorsed, read and referred to Mr. Herritage & Mr. Smith, on the part of the Senate; which being read, was referred on the part of this House, to Mr. Allen, Mr. Nixon and Mr. Peete and returned to the Senate.

Received from the Senate sundry Petitions from Dobbs County praying a division thereof. Endorsed, read & referred to the Committee appointed on the bill for dividing Hawkins County; which being read, was referred as by the Senate and returned.

Received from the Senate the Petition of Ann Cruse. Endorsed, read and referred to the Committee on the Petition of Daniel Williams; which being read, was referred as by the Senate and returned.

Received from the Senate the resignation of Alexander Gregory

of his office of Justice of the Peace for Cumberland County. Endorsed, read and accepted; which being read, was accepted by this House and returned.

Mr. Lock, from the Committee to whom was referred the Bill to discharge the expences of an expedition against the Indians, and the Bill to impower the County Treasurer and Collectors in the several Counties in the district of Washington, &c., delivered in a report, which being read and amended, was agreed to as follows, to-wit.:

The Committee to whom was referred the Bill to discharge the expences of an expedition against the Indians, and the Bill to impower the County Treasurer and collectors in the several Counties in the District of Washington to receive from any person or persons in payment of their public Taxes, &c.

That having read the said Bills are of opinion that the bill to discharge the expence of an expedition against the Indians with the amendments thereto annexed, will sufficiently answer the purpose of paying the expences of the expedition carried on under the command of Brigadier-General Martin. And the title of this Bill ran thus: “A Bill to prescribe the mode of paying the Militia officers and Soldiers for their service in an expedition against the Chickamagaw Indians by Brigadier-General Martin in the year 178—.” All which is submitted.

MATTHEW LOCK, Chairman.

Whereas, It is represented to this General Assembly by a Memorial of the Honorable the Judges of the Superior Courts of Law that the additional business imposed on them since the Law fixing their Salaries by the accession of the Equity Jurisdiction hath rendered the said Salaries greatly inadequate to the fatigue and trouble they have been obliged to undergo in consequence thereof.

Resolved, Therefore that each of the said Judges be allowed the sum of three pounds in addition to their Salaries as established by Law for each Court which they have respectively attended since the first day of January, in the year one Thousand seven hundred and Eighty-three, up to the present year inclusive, to be paid out of the Treasury of this State on the Certificates of the Clerks of the several Courts that they have attended, and that the Treasurer be allowed the same in the settlements of public accounts.

On the question to agree to this resolution the yeas and nays were

called for by Mr. Montgomery, seconded by Mr. Porter, which are as follows, to-wit.:

Yeas—Messrs. W. Wood, McKay, Cowan, Nickson, Grove, Sawyer, Womack, Dickens, Person, G. Hamilton, Outlaw, Yancey, Creecy, E. Williams, Qualls, Norfleet, H. Baker, Brevard, J. Johnston, Barrott, Pride, Peete, Perry, J. Armstrong, Everagin, Reading, Drew, Rhea, Nash, Brown, E. Hamilton, Guion, Hines, Love, Barnes, Sanders, Lock, Lindley, Spiller, Stokes.—40.

Nays—Messrs. May, Grice, Pugh, T. P. Williams, McDowall, Dauge, J. Rice, Ewing, E. Phillips, Sherrod, Beck, Jo. Stewart, J. Moore, R. Montgomery, Matthews, J. White, Spicer, Bonds, J. Stewart, W. Williams, Phifer, S. Allen, McLaine, Sutton, Mebane, Chesson, A. Phillips, Bethel, Bostick, Scott, Edwards, T. Johnston, Wallace, Davie, B. Smith, J. G. Blount, J. A. Campbell, J. Baker, J. McDowall, Jr., Spruill, Handley, W. Hawkins, Blair, Holland, Porter, B. Jones, Ellison, T. Blount, Z. Wood, Peters.—50.

Mr. Mebane, from the Committee to whom was committed the Bill providing means for the payment of the domestic debt, for appropriating certain monies therein mentioned, and to amend an act passed at the last Session of the General Assembly entitled “an Act for levying a Tax for the support of Government, and for the redemption of old paper Currency, Continental Money Specie and other Certificates,” delivered in the same with amendments, which was taken up and read for the second reading in this House, was amended, passed and sent to the Senate.

The Bill to alter the times of holding the annual Assemblies of this State was read the second time, amended, passed and sent to the Senate.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

From the report of yesterday’s balloting, no one of the Candidates for Governor or Senator appearing to have a Majority of Votes, we propose that the two Houses proceed again to ballot for those officers at 4 O’clock this Evening, and nominate the same Gentlemen as were Candidates on yesterday’s balloting for the respective appointments.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree to ballot this evening for a Governor of this State and a Senator as by you proposed. Mr. Hamilton and Mr. T. Blount will superintend the balloting on the part of this House.

Mr. Lock, from the Committee to whom was referred the inquiry respecting the Warrants drawn on the Treasurer in favor of Colo. Alexander Outlaw, &c., delivered in a report, which being read, was amended and agreed to as follows, to-wit.:

The Committee to whom was referred the inquiry respecting the Warrants drawn on the Treasurer in favour of Colo. Alexander Outlaw, Commissary and paymaster to the Station on the North side of Tennessee River, Report,

That it appears to your Committee that the Law for establishing the said Station hath not been fully complied with, as there have been but ten privates raised, instead of thirty-three, the number required by Law; neither does it appear to your Committee when they were enlisted or how long they continued in service, and it appears that Colo. Alexander Outlaw, Commissary and paymaster to the Troops belonging to said station, hath drawn Warrants on the Treasury payable out of the Taxes from the District of Washington to a larger amount than the expences of said station will amount to.

Your Committee therefore are of opinion that the said Colo. Outlaw return to the Governor of this State the Warrants drawn by him as paymaster and Commissary to the Guard at Fort Johnston, on the north side of Tennessee River, and that the Governor issue a Warrant to him for five hundred pounds to be paid off and discharged agreeable to the Act for erecting the Station aforesaid.

That the said Colo. Alexander Outlaw shall, as soon as possible, settle his accounts with the Comptroller in the manner directed by the Act passed in 1786 intituled “an Act for raising Troops for the protection of the Inhabitants of the Cumberland Settlements,” and should any balance remain still due after such settlement, the Governor shall issue a Warrant to the said Alexander Outlaw, paymaster and Commissary as aforesaid, for such balance; and if the said sum of five hundred Pounds exceed the sum due as aforesaid, then the said Alexander Outlaw shall account for the same agreeable to his bond.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the bill vesting in Thomas Thomas, of Anson County, certain Lands, be referred to the Committee on the Petition of Greenbury Sutton.

Received from the Senate a resolution of that House directing that Curtis Ivey shall have leave to return home from Muster rolls, &c., which being read, was concurred with and returned.

Ordered that the Bill for impowering the several County Courts within this State to appoint Patrolls, &c., be Committed to Mr. Bonds, Mr. Jones & Mr. B. Smith.

Ordered that the following bills be read for the second reading To-morrow, to-wit.:

A Bill to amend an Act entitled “an Act for the better regulation of the Town of Edenton;

A Bill to incorporate the Tradesmen and Manufacturers of the Towns of Edenton, &c.;

A Bill to vest an indefeasible right of inheritance in Charles Alley and Prudence Oggs:

A Bill to regulate the proceedings of Elections in certain instances, &c.;

A Bill to impower the Wardens of the poor in Franklin and Surry to build Houses for the reception of the poor.

Received from the Senate the Memorial of Nancy Horah, and the Petition of sundry of the Inhabitants of Anson, Richmond, &c., in favour of Edward Ingram. Endorsed, read & referred as by the House of Commons.

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

A Bill to incorporate a Society of persons by the name of Centre Benevolent Society;

A Bill for preventing loss of the revenue of the State by securing payment for vacant Lands;

A Bill directing at what time the Laws of this State shall be in force and have effect;

A Bill to repeal part of an Act passed at New Bern intituled an Act to divide the District of Morgan.

Received also a Bill directing the manner of issuing process in

sundry cases arising in the Superior Courts of Law and Courts of Equity, &c.; and a Bill to amend an Act intituled “an Act to prevent the exportation of unmerchantable Commodities.” Endorsed, read the second time and passed.

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

Met according to adjournment.

Mr. E. Jones presented the Memorial of Thomas Haslin, which being read, was referred to the Committee of Propositions and Grievances, No. 1, and sent to the Senate.

The Bill for laying off a Town on the lands of John Marriner in Tyrrell County, was read the third time, passed and sent to the Senate.

The Bill to emancipate certain Negroes therein mentioned, was read the second time, amended, passed and sent to the Senate.

The Bill to establish a public Inspection of Tobacco in the Town of Clarksville, in the County of Tennessee, was read the second time, amended, passed & sent to the Senate.

The Bill to invest an indefeasible right of inheritance in Charles Alley and Prudence Oggs, the surviving natural children of the late John Oggs of the County of Pasquotank, of such property as was bequeathed to them and their deceased brother Jesse Oggs, was read the second time, amended, passed and sent to the Senate.

Mr. McKay presented the Petition of John McNeill, which being read, was referred to the Committee of Propositions and Grievances, No. 2, and sent to the Senate.

The Bill to vest certain Lands therein mentioned in the monthly meeting of the People called Quakers, of New Garden, in Guilford County, was read the third time, passed and sent to the Senate.

Mr. Hawkins, from the Committee, &c., delivered in the following Report:

The Committee to whom the Petition of Timothy Riggs was referred, Report,

That by sufficient Testimony it appears to your Committee that a number of Warrants were issued from the Entry office of Rutherford County and placed into the hands of the said Timothy Riggs, Surveyor of the said County of Rutherford, which warrants were Transferred to other persons by the direction of the person in whose name they were issued; and the said Timothy Riggs, instead of

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taking the transfer of the warrants on the back thereof erased the name of the original holder and inserted the name of the person to whom it was transferred, and returned the works accordingly, tho’ with no intent of doing injury to either party, which circumstance has induced the Secretary to withhold issuing Grants on Surveys made on all the warrants so effaced.

Your Committee are therefore of opinion that the Secretary be directed to issue Grants for all Surveys made and returned to his office on Warrants that have not been defaced by the said Timothy Riggs, and that the return all such Warrants as have been so defaced to the said Timothy Riggs, and that the said Timothy Riggs return them to the said entry taker of the said County, and that the entry taker be directed to issue other Warrants in lieu thereof in the name of the original holder. All which is submitted.

ALEXR. MEBANE, Chn.

The House taking this report into consideration, Concurred therewith.

Mr. Person, Chairman of the Committee to whom the Petition of the Inhabitants of Rutherford County was referred, delivered in the following Report:

That it appears to your Committee, from several Gentlemen of veracity, that the said Timothy did at his own expence build a large boat for the purpose of discovering the Channel of Broad river as far as the ——; that he was at a very considerable expence in clearing and opening the said river so that boats might pass, which discovery tends much to the benefit of the State in general and to the County of Rutherford in particular.

Your Committee therefore, in order to reimburse the said Timothy Riggs the money he has expended in making the said discovery, do recommend that the entry taker of the County of Rutherford be directed to issue a Warrant or Warrants to the said Timothy Riggs to the amount of one thousand acres of Land, clear of all charges, fees of office excepted.

This report being read, the House concurred therewith.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

This House propose that Saturday next be set apart for the appointment

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of Field Officers and Justices of the Peace for the several Counties in this State.

Ordered that Wyatt Hawkins, Esquire, have leave to absent himself from the service of this House after Wednesday next, and Philemon Hawkins, Esquire, after Saturday next.

Ordered that 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, and the bill to prescribe the Militia officers and Soldiers in an expedition carryed on against the Chickamagaw Indians, &c., be read To-morrow for the second reading.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We have added Mr. Mayo and Mr. Wynns to the Committee of Propositions and Grievances, No. 2.

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

The House met according to Adjournment.

The Bill to confirm unto Benjamin Williams an indefeasible title to a certain piece of Land in Brunswick County, was read the second time, amended, passed & sent to the Senate.

Mr. Dickson, from the Committee to whom was referred the Petition of Mary McFall, Reported,

That Neil McFall, the husband of the said Mary, died possessed of two small Tracts of Land in Bladen County, and some personal property intestate; That the said Neill attached himself to the enemy in the course of the late War, whereby the Commissioner of Confiscated estates, conceiving he had a right, advertised and sold the lands aforesaid, although the County Court of Bladen had previously adjudged all the property of the said deceased only sufficient to maintain the widow and Children, as fully appears from the Clerk’s Certificates herewith presented.

The Committee, under these circumstances, are of opinion the widow ought to enjoy for the benefit of the orphans the whole of the property so assigned her by the Court, & recommend that a bill be introduced vesting an indefeasible right in the said Mary McFall to all the property so assigned by the Court to her and her heirs forever. All which is submitted.

ROBERT DICKSON, Chn.

The House taking this report into consideration, Concurred therewith.

Mr. E. Jones moved for leave and presented a Bill to establish the title of certain lands therein mentioned in the heirs Male of Neil McPhaul, late of Bladen County; which was read the first time, passed and sent to the Senate.

Mr. Hamilton, from the joint balloting for a Governor of this State and a Senator to represent this State in the Senate of the United States, Reported:

That no one person in nomination for a Governor, nor for a Senator, had a Majority of Votes and that they were again to be balloted for.

The House taking this report into Consideration, Concurred therewith.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

The subject matter contained in the form of a resolution herewith sent you on the subject of representation we propose shall be reported on by a joint Committee, and have for this purpose on our parts, appointed Mr. Hill, Mr. Graham, Mr. Gallaway, Mr. Blount and Mr. Ashe.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We have appointed Mr. Hamilton of Guilford, Mr. Lock, Mr. Davie, Mr. Jones, Mr. Stokes, Mr. Peete, Mr. Mebane & Mr. Person, to act with the Gentlemen by you appointed to consider of the resolution proposed for calling a Convention to revise the Constitution of this State. We propose that a Governor and Senator be balloted for To-morrow evening at 4 O’clock, and that the Gentlemen formerly nomination for these offices respectively be still continued in nomination.

The Bill to Cede to the United States certain Lands therein mentioned, was read the second time, amended, passed and sent to the Senate.

Received from His Excellency the Governor, the following Message:

To the Honorable the General Assembly:

Gentlemen:

Considering it my duty to communicate to your Honorable Body

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every information respecting Indian affairs which come to my knowledge, I do myself the Honor to send you a Letter which has this moment come to my hands.

SAM. JOHNSTON.

Ordered that the letter referred to in the foregoing Message be referred to the Committee on Indian Affairs and sent to the Senate for Concurrence.

Received from His Excellency the Governor, the two following Messages:

To the Honorable the General Assembly: Gentlemen:

Having dispatched all the business of the State which has been laid before me, and it being necessary that I should make preparation for entering on the duties of my new appointment, it is my intention to leave this place to-morrow morning, unless the Assembly should think it essential to the publick service that I should continue longer.

SAM. JOHNSTON.

To the Honorable the General Assembly: Gentlemen:

I herewith send you a duplicate of the ratification of the Constitution of the United States to be deposited among the Archives of this State in such manner as you may be pleased to order.

SAM. JOHNSTON,
President of the Convention.

Resolved, That the duplicate of the ratification of the Constitution of the United States be delivered by the Clerk of this House to the Secretary, and that he file the same in his office.

Ordered that the following Message be addressed to His Excellency the Governor:

To His Excellency, Samuel Johnston, Esquire, Captain-General, Governor, &c., &c., of N. Carolina:

Sir:

The General Assembly do not deem it essentially necessary that you should give any longer attendance on them, therefore consent to your departure from this place when you think proper.

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

Mr. Speaker & Gentlemen:

We herewith send you a Message which we propose shall be presented to His Excellency Samuel Johnston, Esquire.

The Bill to amend an Act passed in 1770 intitled “an Act for opening and improving the navigation of lower Little River in Cumberland County,” was read the first time, passed and sent to the Senate.

Resolved, That General Clark be requested to deliver to Doctor Williamson such Musters or papers as may be of use in establishing the charges of this State against the United States, for which the Doctor shall give him a receipt if it be desired.

Resolved, That the Comptroller be required to collect such Musters, pay Rolls or other Books or papers from amongst the papers of the late Generals, Sumner and Hogan, and of Colonels Dixon and Lytle as may be of use in determining the service performed by the Line of this State, and that the Executors of those Gentlemen be requested to furnish the Comptroller with such papers.

Resolved, That the Comptroller forward to Edenton as soon as possible the old Continental Money now in the Treasury, and the vouchers and such other accounts and Claims against the United States as he may have lately settled, and that he forward by the first safe opportunity such other vouchers and papers as he may be able to collect.

The Bill to prescribe the mode of paying the Militia officers and Soldiers for their services in an expedition carryed on against the Chickamawgaw Indians by Brigadier-General Joseph Martin in the year 1788, was read the second time, amended, passed and sent to the Senate.

The Bill to amend an Act intitled “an Act for the better regulation of the Town of Edenton,” was read the second time, amended, passed and sent to the Senate.

Ordered that the Bill directing the manner of electing representatives to represent this State in Congress, be read To-morrow for the second time.

Received from the Senate a Bill for appointing Commissioners to

extend the boundary line between this State and the State of South Carolina. Endorsed, read the first time and passed.

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

The House met according to Adjournment.

Mr. McKay presented the Memorial of Philip Alston, which being read, was rejected.

Mr. Hamilton of Guilford, moved for leave and presented a Bill for allowing the judge of Mero District a further sum as a Compensation for his travelling to the said Mero District thro’ the Wilderness; which was read the first time, passed and sent to the Senate.

Received from the Senate the Memorial of Matthew Lock. Endorsed, read and referred to the Committee of Propositions and Grievances, No. 1; which being read, was referred as by the Senate and returned.

Received from the Senate the following Message of yesterday’s date, to-wit.:

Mr. Speaker & Gentlemen:

We consent to ballot to-morrow evening agreeable to your propositions, for a Governor and Senator, and have added to your nomination for Senator the name of John Stokes, Esquire; we also agree that the appointment of Justices and Field officers be made part of the business of Saturday next.

Received from the Senate a resolution of that House for returning the thanks of the General Assembly to His Excellency Samuel Johnston, Esquire, for the able and upright manner in which he has conducted himself during his administration; which being read, was concurred with and returned.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

Should the resolution of this House voting thanks to His Excellency, Samuel Johnston, Esqr., meet your approbation, Mr. Macon and Mr. Skinner will, on the part of this House, attend and deliver the same.

Resolved, That the following Message be sent to His Excellency Samuel Johnston, Esquire:

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

Sir:

The General Assembly have this day reconsidered the Message received from your Excellency respecting your departure from this place; we think proper now to suggest that the public business may require the attendance of the executive officer until a new appointment shall take place, and therefore request that you will not leave this place until that event or until the rise of the General Assembly.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send for your concurrence a Message addressed to His Excellency the Governor, should it meet your approbation, Mr. Davie and Mr. Person will attend His Excellency with the same.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We consent that the Message by you proposed to be presented His Excellency the Governor, shall be sent him, provided you will agree to the amendment inserted by this House.

Whereas, at a General Assembly holden at Fayetteville in the year 1786, on the representation of Benjamin Williams, Needham Bryan and William Avera, Esquires, Members of the General Assembly for the County of Johnston, that Henry Finch, a Justice of the Peace for the said County, by sundry misdemeanors incompatible with the duty and dignity of his said office, had rendered himself unworthy thereof, the said Henry Finch was suspended from the exercise of his said office and was ordered to attend the next General Assembly to answer the Charges then to be more specially, and at large objected against him, and at the said last mentioned Assembly the said Finch failing to appear a further day was given for him to appear before the present Assembly, and the said orders having been duly served on the said Henry and he having failed to appear again before this Assembly, therefore,

Resolved, That the said Henry Finch be put and entirely removed from his said office forever, and that he hence forward shall not be considered as a Justice of the Peace for the said County, and that the Clerks of the General Assembly do transmit official notice thereof

to the Court of Pleas and Quarter Sessions for the said County as early as may be.

The Bill for levying a further Tax in the several Counties in the District of New Bern, and for calling to account the Commissioners of the same, was read the second time, passed and sent to the Senate.

Ordered that the reading of the Bill directing the manner of Electing representatives to represent this State in Congress, be postponed until Monday next.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We propose that the Bill introduced to the General Assembly in 1786, to vest in James Cash, his Heirs, &c., a Tract of Land, and the papers accompanying it be referred to a joint Committee, and that such Committee report the propriety of passing such bill into a Law; for this purpose we have appointed Mr. Person, Mr. Mebane and Mr. Lindley.

Mr. Hawkins, from the Committee of Propositions and Grievances, delivered in a Report, which being read & amended was agreed to as follows, to-wit.:

The Committee to whom the Petition of John Rowe was referred, Report,

That the said Rowe served in the Continental line of this State two years and a half as a Soldier, as appears from a discharge herewith presented; That on his application to the late board for the adjustment of his account a certain William Faircloth had previously and without the consent of the said Rowe settled the same and drawn the due Bill & certificates. That the said Rowe instituted a Suit in the Superior Court of Law for the District of Halifax against Faircloth, and recovered the Sum of eighty-three pounds twelve Shillings and seven pence, for which two Executions were issued and returned unsatisfied. The Committee therefore are of opinion that the Treasurer be directed to pay the said Rowe one-fourth part of said Judgment in Money, to-wit: Twenty Pounds eighteen Shillings and one penny three farthings, and the Comptroller be also directed to issue Certificates for the remaining three-fourths, the money part to be paid out of the fines collected from the said Faircloth which were imposed at Warrenton by the Judges of the Court of Oyer and Terminer. Which is submitted.

WYATT HAWKINS, Chn.

Received from the Senate the report of the Committee on the Memorial of James Samuel Purdie. Endorsed, read and concurred with; which being read, was Concurred with by this House and returned.

The Bill granting to the Inhabitants of Tyrrell County a privilege of holding separate Elections for Members of Assembly, was read the second time, passed and sent to the Senate.

The Bill for dividing the County of Surry into two distinct Counties, and for other purposes, was read the third time, passed and ordered to be Engrossed.

Received from His Excellency the Governor, the following Message.

To the Honorable the General Assembly: Gentlemen:

I shall with the most cheerful and ready compliance accommodate myself to the wishes of your Honorable Body, expressed in your Message of this Day.

My mind is impressed with the highest sense of Gratitude, by the honorable Testimony which you have been pleased to hold forth, of your approbation of my conduct in the Execution of office of the first Magistrate of this State.

SAML. JOHNSTON.

Ordered that the above Message be sent to the Senate.

Received from the Senate the report of the Committee on the Petition of the Inhabitants South of French Broad River. Endorsed, read, concurred with and returned.

Mr. Person, from the Committee to whom was referred the Memorial of Colo. Nicholas Long, delivered in the following report, to-wit.:

The Committee to whom was referred the Memorial of Colo. Nicholas Long, as agent of twenty-six of the officers of the line of this State as is represented in his Memorial, beg leave to report,

That they, having taken the said Memorial into consideration, are clearly of opinion from the Law that existed at the time of purchasing the Confiscated property, that he was entitled to pay as was proposed by him and set forth in his Memorial, is so plain and clear that no person can possibly dispute.

Your Committee therefore beg to say that Colo. Long produces and pays into the Treasury on Oath the same Certificates that he represents

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in his Memorial he did therefore lodge in the hands of the Treasurer for the express purpose of paying for the property purchased for and on behalf of the said officers; that then, and in that case the Treasurer be directed to take the said Certificates as before specified in payment of the judgment obtained against said Colo. Long. All of which is submitted.

THOMAS PERSON, Chn.

The House taking this report into consideration Concurred therewith.

The Bill to repeal part of an Act intituled “an Act directing the duty of Naval officers, and all masters of Vessels coming into the Ports and inlets of this State,” was read the third time, amended, passed and sent to the Senate.

The Bill to incorporate the tradesmen and manufacturers of the Towns of Edenton, New Bern, Wilmington and Washington, was read the second time, amended, passed and sent to the Senate.

The Bill directing the mode of choosing Senators to represent this State in the Congress of the United States was read the second time, amended, passed and sent to the Senate.

The Bill to ratify the amendments to the Constitution of the United States, was read the third time, amended, passed and sent to the Senate.

The Bill directing the Collectors of imposts and other duties, to collect the same for the use of this State until the Congress of the United States shall make provision for that purpose, was read the second time, passed and sent to the Senate.

The Bill for the more easy redemption of Mortgages was read the second time, passed and sent to the Senate:

The Bill directing the mode of proceeding on Writs of Mandamus, was read the second time, passed and sent to the Senate.

Received from the Senate the Petition of the Inhabitants of Rutherford County and the Report on the Petition of Timothy Riggs, concurred with by that house.

The House adjourned until 4 O’clock P. M.

Met according to adjournment.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We are now ready to proceed to balloting.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We are also ready to proceed to balloting, and have appointed Mr. Hamilton and Mr. Blount to superintend the same.

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

Received from the Senate the resolution of this House directing the Clerk to deliver to the Secretary the duplicate of the ratification of the Constitution, concurred with.

Received also, the Message from His Excellency the Governor, inclosing the letter from Bennett Billew. Endorsed, read and referred as by the House of Commons.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

Mr. Gillespie, Mr. Ashe and Mr. Hargett will, on the part of this House, act with such Gentlemen as you may appoint to report on the Petition of Nicholas Eveleigh, herewith sent you. We also propose that this Committee be instructed to report some plan of relief for all those in similar circumstances with Mr. Eveleigh.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Petition of Nicholas Eveleigh be referred to a joint Committee as by you proposed, and have appointed Mr. Jones, Mr. Campbell, Mr. Spiller, Mr. Snead and Mr. Ben Smith. We also agree that the Committee appoint some mode of general relief for those in similar circumstances with Mr. Eveleigh.

Received from the Senate the report of the Committee on the Memorial of Nicholas Long, and the resolution of this House removing Henry Finch of Johnston County from the office of a Justice of the Peace, concurred with by that House.

Received also the Report of the Committee on the Memorial of Doctor Frederick Ramche, concurred with.

Received from the Senate a Bill making process in Equity in certain cases more effectual. Endorsed, read the first time and passed.

The House adjourned till Monday next 9 O’Clock.

The House met according to adjournment.

Mr. Hamilton, from the joint balloting for Governor of this State for the ensuing year, and a Senator to represent this State in the Senate of the United States, Reported,

That the Honorable Alexander Martin, Esquire, was elected Governor, and that no one person in nomination for Senator had a Majority of votes, and that a Senator was yet to be elected.

The House taking this report into consideration concurred therewith.

Received from the Senate a resolution of that House directing the Secretary to issue a Grant to Thomas Overton for 332 acres of Land, & take in one that issued for the same land to John Overton; which being read, was amended, concurred with as amended, and returned to the Senate.

N. Carolina,
In Senate, 7 December, 1789.

Mr. Speaker & Gent.:

This House have thought proper to withhold their concurrence to the report from the late balloting for Governor, from a suggestion that the Gentleman elected to that office is not eligible & until he shall do away this apprehension We propose that the Speakers of the two Houses be requested to acquaint Alexander Martin of his having rec’d a majority of the suffrages of the Genl. Assembly as Governor and the suggestion as to his disqualification & request his immediate attendance.

CHAS. JOHNSON.

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

On the Petition of the Inhabitants of Caswell County;

On the Petition of the Inhabitants of Bladen County;

On the resolve in favour of William Nall, Sheriff of Wilkes County;

On the Petition of the Inhabitants of Hawkins County;

On the Petition of the Inhabitants of Iredell County.

These Reports being read, were severally concurred with and returned.

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

Mr. Speaker & Gentlemen:

The Report of the Committee on the Petition of the Inhabitants of Mecklenburg County herewith sent you, we propose shall be Committed to the same Committee.

Mr. Speaker & Gentlemen:

The Petition from the Third Battalion of Rowan County herewith sent you, we propose shall be reported on by the Committee appointed on the Petition from Hawkins County.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We agree that the Petition of the Third Battalion of the Rowan Militia be referred as by you proposed, and also the report on the Petition of the Inhabitants of Mecklenburg.

Ordered that the following Message be sent to the Senate:

Mr. Speaker & Gentlemen:

We herewith send you a letter from James Taylor, and propose that the Speakers of the two Houses be requested to write to the Honorable Alexander Martin, Esquire, informing him of his election to the Chief Magistracy of this State and requesting him to come to this place and qualify.

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

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

Mr. E. Jones moved for leave and presented a Bill to repeal an Act passed at —— in 1784, intitled “an Act to describe and ascertain such persons who owed allegiance to the State, and to impose certain disqualifications on certain persons therein mentioned,” which was read the first time, passed and sent to the Senate.

Mr. Mebane presented the resignation of Ambrose Ramsey, Esqr., of his appointment of Brigadier-General of Hillsborough District.

Mr. Hamilton moved for leave and presented a Bill the better to secure the collection of duties imposed on goods imported into this State; to regulate the Harbour of Edenton, &c.; to direct the future

Inspection of Tobacco at Murfreesborough; which was read the first time, passed and sent to the Senate.

Ordered that the bill to alter and amend an Act of the General Assembly passed in the year 1784, intituled “an Act to prevent the exportation of unmerchantable commodities,” be committed to the Committee to whom the bill to regulate the Inspection of Tobacco was referred.

The Bill directing the mode of paying the Members of the General Assembly, was read the first time, passed and sent to the Senate.

The Bill for the relief of the Securities in joint obligations, was read the first time, passed and sent to the Senate.

Mr. Jones moved for leave and presented a Bill for the increase of the Revenue, and to encourage Surgeons and Physicians; which was read the first time and rejected.

The Bill making process in Equity in certain cases more effectual, was read the first time, passed and sent to the Senate.

The Bill for promoting the revenue of the State by securing payment for vacant Lands, was read the first time, passed and sent to the Senate.

The Bill directing at what time the Laws of this State shall be in force and have effect, was read the first time, passed and sent to the Senate.

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

Mr. Davie moved for leave and presented a Bill to amend an Act intitled “an Act to regulate the descent of real estates, to do away entails, to make provision for Widows and to prevent frauds in the execution of last Wills and Testaments,” which was read the first time, passed and sent to the Senate.

The Bill directing the manner of electing representatives to represent this State in Congress, was read the second time, passed and sent to the Senate.

Received from the Senate the Report of the Committee on the Memorial of John Whitaker; and the report on the Petition of Cosimo Medici. Endorsed, read and Concurred with.

The Bill to repeal part of an Act to regulate and ascertain the several officers fees therein mentioned, and for altering the time of holding Courts of Law and equity for the Districts of Halifax, Edenton,

New Bern and Wilmington, passed at New Bern the 22 of October, 1784, was read the second time, passed and sent to the Senate.

Received from the Senate a Bill providing for the payment of the domestick debt, for appropriating certain monies therein mentioned, and to amend an Act passed at the last Session of the General Assembly intitled “an Act for levying a tax for the support of Government, and for redemption of old paper Currency, continental Money, Specie and other Certificates.” Endorsed, read the second time & passed.

Received from the Senate the following Message:

Mr. Speaker & Gentlemen:

We agree that the Bill to vest certain Lands in James Forsyth be reported on by a joint Committee, and have appointed Mr. Gillispie and Mr. Clay to act with the Gentlemen by you named for this purpose.

The House adjourned until To-morrow Morning 9 o’Clock.

The House met according to adjournment.

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

Received from the Senate the resignation of William McKinne of his Commission as Colonel of Wayne County; the resignation of Geo. H. Berger of his Commission as Colo. of Rowan County, and the resignation of Demcey Moore of his Commission of first Major of the Hillsboro Regiment of Cavalry. Severally endorsed, read and accepted; which being read, were accepted by this House and returned.

Received also the resignation of Ambrose Ramsey of his Commission of Brigadier-General of the District of Hillsborough. Endorsed, read and accepted.

Mr. J. G. Blount, from the Committee to whom was committed the Bill to repeal so much of an Act passed at Tarborough intitled “an Act to regulate the inspection of Tobacco as alludes to classing the same,” delivered in a Bill the better to regulate the Inspection of Tobacco; which was read the first time, passed and sent to the Senate.

Received from the Senate the Petition of John McKethen, Senr.,

and the Petition of William Griffin. Endorsed, read and referred to the Committee of Propositions and Grievances No. 1; which being read, was referred as by the Senate and returned.

Received also the Report of the Treasurer in favour of Green Hill. Endorsed, read and referred to Mr. Graham & Mr. McDowall on the part of the Senate; which being read, was referred on the part of this House, to Mr. W. Hawkins, Mr. Sanders and Mr. Hines and returned.

Mr. Hawkins, from the Committee of Propositions and Grievances, delivered in the report; which being read and amended, was agreed to, as follows:

The Committee, to whom the Petition of Sundry Inhabitants of Salisbury District was referred, Report,

That the said Petitioners under a Law passed in the year 1782, became purchasers of certain lands sold by General Rutherford, then a Commissioner, many of whom not having the particular certificates required by said Law to pay the two-thirds, were induced to give their bonds with security for the payment of the whole in actual money, by the promises or insinuations of the said Commissioner, that at a future day they would have the privilege of paying two-thirds of the amount of their bonds in specie audited Certificates. That suits have been instituted against many of the said Petitioners, and recoveries likely to be had for the whole amount of their Bonds in actual money. The Committee therefore are of opinion, and recommend, that those of the aforesaid Petitioners who gave their Bonds for the payment of the whole of the purchase Money aforesaid, may be permitted to pay two-thirds thereof in Specie Certificates, and that they, as well as those who paid two-thirds in Certificates, and against whom suits have also been instituted, may have an indulgence of eighteen months stay of execution, on their coming into Court, confessing Judgment and paying interest. Your committee are also of opinion that where any person who has purchased any of the aforesaid Lands hath paid any part of the two-thirds, exclusive of the Money parts, in Certificates, he shall be at liberty to pay the residue of the said two-thirds in Certificates, altho’ the Bond of such person for the balance not paid may have been given for money, it being the opinion of your Committee that only one-third of any of the said purchases shall be paid in money.

WYATT HAWKINS, Chn.

Received from the Senate the report of the Committee on the Petition of the Inhabitants of Anson County. Endorsed, read and concurred with by this House and returned.

Mr. Drew moved for leave and presented a Bill to impower Joel Rice and James Cole Montflorence to build Tobacco Warehouses on the public lott in the Town of Nashville and to receive storage of Tobacco Inspected thereat; which was read the first time, passed and sent to the Senate.

Mr. Hamilton of Edenton, moved for leave and presented a Bill to increase the Jurisdiction of the Superior and County Courts and of the Justices out of Sessions, which was read the first time and rejected.

The Bill to revive and continue in force, so far as respects the County of Johnston, an Act passed in the year 1786, intitled “an Act impowering the several County Courts therein mentioned to lay a Tax,” &c.; was read the second time, amended, passed and sent to the Senate.

Mr. Grove moved for leave and presented a Bill to amend an Act passed at Hillsborough in 1784, entituled “an Act for regulating the Pilotage and facilitating the Navigation of Cape Fear River, and to levy a Tax on the Counties, Towns and articles therein mentioned for the purpose of removing obstructions out of the said River, for keeping the same open, and appointing Commissioners for carrying the same into effect;” which was read the first time, passed and sent to the Senate.

The Bill to establish an University in this State, was read the third time, amended, passed and sent to the Senate.

Ordered that the following Message be sent to the Senate: