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Colonial and State Records of North Carolina
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Minutes of the North Carolina Council of State
North Carolina. Council of State
February 05, 1777
Volume 22, Pages 910-914


North Carolina.
At a meeting of the Council of the State at New Bern, the 5th day of February, in the year of our Lord one thousand seven hundred and seventy-seven.

Present—His Excellency the Governor, the Honorables Cornelius Harnett, William Haywood, Edward Starkey, Joseph Leech and Thomas Eaton, Esquires.

His Excellency the Governor laid before the Board a resolve of Congress directing that three regiments of Continental troops raised in this State on the new establishment, be ordered to march immediately and join General Washington, the same being taken into consideration.

Resolved, That it be recommended to the Governor to direct

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General Moore immediately to fill up out of the different regiments under his command three regiments complete, and without delay march and join General Washington.

It appearing to the Board that there is not money in the Treasury sufficient to pay the Continental troops in this State, and it being absolutely necessary that the same should be supplied as soon as possible,

Resolved, That it be recommended to his Excellency the Governor to direct the Treasurers or either of them to furnish the Deputy Paymaster-General of the said troops with bills (on the account of this State) on the Continental Treasury to the amount of two hundred and fifty thousand dollars on the account of this State to the payment of said troops.

Resolved, That it be recommended to his Excellency the Governor to appoint John Ancrum, Esq., Judge of the Court of Admiralty at Port Brunswick in the room of Mr. Richard Quince, who refuses to act.

Congress having recommended it to the United States to appoint a day of fasting and humiliation in each State to implore of Almighty God the forgiveness of the many sins prevailing among all ranks, and to beg the continuance and assistance of his providence in the prosecution of this just and necessary war,

Resolved, That it be recommended to his Excellency the Governor to issue a proclamation appointing Friday, the 14th day of March next, a day of solemn fasting and humiliation, enjoining the inhabitants of this State the strict observation thereof.

The Board, taking into consideration the petition of David Wade, setting forth that he enlisted as a soldier in Capt. Enoch Ward’s independent company for six months, which time is expired, and the said Captain Ward refuses to give him a discharge, which, being supported by the oath of said petitioner,

Resolved, That it be recommended to his Excellency the Governor to discharge the said David Wade.

His Excellency the Governor laid before the Board a resolve of Congress, setting forth that it appeared extremely difficult if not impracticable to supply the army of the United States with bacon, salted beef and pork, soap, tallow and candles, unless the exportation thereof be prohibited; therefore,

Resolved, That none of the said articles except such as may be necessary for the crews be exported from any of the United States

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from and after the 5th day of January last, until the 1st day of November next, or until Congress shall make further orders therein, and earnestly recommended to the executive powers of the several United States to see this resolution strictly complied with. The same being taken into consideration,

Resolved, That it be recommended to his Excellency the Governor to issue a proclamation prohibiting the exportation of the above articles for thirty days from the date hereof, and that once in every thirty days after the expiration of the first thirty days he issue the like proclamation until the 1st day of November next, unless Congress shall make further order therein.

Resolved, That it be recommended to the Commissioners of the privateers King Tammany and the General Washington to fit out the said privateers and send them on a cruise.

Resolved, That it be recommended to his Excellency the Governor to appoint the following officers, to-wit: Simon Jones, Captain, in the room of William Gurley, who refuses to act; Charles Dennis, Second Lieutenant in said company, in the room of Solomon Wood, who refuses to act; John Bush, Second Lieutenant in Captain Harget’s company, in the room of Gideon Carraway, resigned; Ellis Hoell, Ensign in said company, in the room of John Respess, resigned; Abner Loomis, Ensign in Captain Jones’ company, in the room of Thomas Bertie, resigned; Allaway Langford, Ensign in Captain Nixon’s company, in the room of Samuel Jones, resigned. All in the Eighth Regiment of Continental troops.

Sundry merchants, traders and others having represented to this Board the defenseless condition of the State in case the privateers King Tammany and General Washington should be sent out of the State, and requesting they might be retained for the protection of the trade. The Council taking the same into consideration,

Resolved, That it be recommended to the Commissioners of the said privateers King Tammany and General Washington to man and fit the said vessels and send them to the respective inlets for the protection of the trade of this State.

His Excellency the Governor laid before the Board a letter from. Brigadier-General Rutherford, and also letters from Colonel Carter, of Washington District, enclosing sundry depositions setting forth that the Indians had actually murdered and destroyed a family of white people in said district, and that from every circumstance it

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appears that the war with those savages is not ended, and that it is absolutely necessary for the security of the frontiers of this State that a detachment of the militia in the district of Salisbury be ordered to march to the assistance of the inhabitants of Washington District, and also that three companies be sationed in the frontier counties. The same being taken into consideration,

Resolved, That it be recommended to his Excellency the Governor to direct General Rutherford to embody the militia of the District of Washington and also to embody one hundred privates (from the counties on this side of the mountains) in the District of Salisbury, to be commanded by two Captains, two Lieutenants, two Ensigns, four Sergeants, four Corporals, two drummers and two fifers, and march them to the assistance of the inhabitants of Washington District, and also to station three companies of the militia in said district in the frontier counties in this State.

Resolved, That it be recommended to his Excellency the Governor to order one thousand weight of gunpowder to be sent immediately from the magazine at Halifax to Brigadier-General Rutherford.

The Board taking into consideration the petition of Richard Howson, late master of the brigantine Sally, taken on the high seas and condmned by decree of the Court of Admiralty of this State as British property, and Patrick Morgan, a passenger in the said brig, praying for leave to pass through this State on their way to Europe,

Resolved, That it be recommended to his Excellency the Governor to grant permission to the said Richard Howson and Patrick Morgan, with an apprentice boy belonging to the said Howson, to pass through this State on their way to the Congress at Baltimore, in Maryland, to abide the determination of said Congress.

Whereas, the Board have received certain information that a number of disaffected foreigners who are obliged to leave the Commonwealth of Virginia in consequence of a resolve of the General Assembly thereof, are about removing into this State,

Resolved, That it be recommended to his Excellency the Governor to issue a proclamation forbidding all such persons to remove or come into this State to reside or sojourn, under pain of immediate imprisonment, and being further dealt with, as enemies of America.

Resolved, That Stephen Grant be directed to take into his care the

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boats which belonged to Captain Harney’s independent company and keep them for the use of the public.

Resolved, That it be recommended to his Excellency the Governor to direct the Commissary of Stores to furnish the captain of the artillery company with clothes for such of the said company as have enlisted during the war or for three years, and have not been furnished therewith.

Resolved, That it is the opinion of this Board that the officers and soldiers in the artillery company in this State are entitled to the same pay and rations as the officers and privates of artillery companies on the Continental establishment, and that it be recommended to his Excellency the Governor to direct the Paymaster-General to pay them agreeable thereto, and that the Commissary furnish them with rations accordingly.

Resolved, That it be recommended to his Excellency the Governor to grant licenses to such gentlemen of the law who have heretofore had licenses from government in this State, and who by their behavior have distinguished themselves as friends to the liberties of America.

CORNELIUS HARNETT, President,
W. HAYWOOD,
EDWARD STARKEY,
JOSEPH LEECH,
THOMAS EATON.