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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
October 15, 1778
Volume 22, Pages 949-951

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Recorded.


At a meeting of the Council at Kinston, the 15th day of October, A. D. 1778.

Present—Joseph Leech, Esq., President; the Honorables Edward Starkey, Robert Bignall, John Simpson, William Bryan.

His Excellency the Governor laid before the Board a letter from the President of Congress, intimating the intention of the enemy to attack Charleston, in South Carolina, and also an act of Congress of the 25th of September last, requesting the executive power of this State, without loss of time, to give all possible aid to South Carolina by marching into that State three thousand men, including the levies and all the Continental troops within this State.

The Board taking the same, together with the act of Assembly empowering the Governor, on the requisition of Congress, to send an aid from the militia to oppose the enemies of the United States, into consideration;

Resolved unanimously, That the Governor be advised to detach from the militia of this State an aid, not exceeding two thousand six hundred and forty-eight men, to march to South Carolina, and that he issue a proclamation requiring all the late drafted men who are on furlough till the 1st of March or any other time to appear at the place of rendezvous and go on the expedition to South Carolina; and in that case their time of service to be counted from their entering into this service.

His Honor the President not appearing, Joseph Leech appeared.

His Excellency the Governor informed the Board John McDonald, Donald McLain, Archibald McNeill and Malcom McNeill, inhabitants of Cumberland county, who were ordered to depart the State within sixty days by the Court of that county for neglecting to take the oath of fidelity to the State, were desirous of permission to take the said oath and remain within the State.

Resolved, That the said John McDonald, Donald McLain, Archibald McNeill and Malcom McNeill have permission to take said oath and remain within this State, pursuant to which they appeared before the Board and took and subscribed the oath of fidelity to the State prescribed by the act of Assembly.

His Excellency the Governor laid before the Board the petition of Joseph Johnston, a person convicted at the last Superior Court of Justice held for District of Salisbury of high treason, praying for a reprieve; and also a petition from sundry gentlemen in the county

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of Rowan, recommending him as a fit object of mercy and praying a reprieve might be granted him, and also letters from the Honorable Judges, intimating that as he did not appear to be a principal, the respiting his execution might be attended with favorable circumstances.

The same being duly considered,

Resolved, That the Governor be advised to reprieve the said Joseph Johnston for the term of ninety-nine years.

Resolved, That it be recommended to the Governor to appoint John Denny Second Lieutenant of Fort Hancock, in the room of George Robertson, resigned.

Resolved, That it be recommended to the Governor to appoint John Cooke, Esquire, one of the Judges of the Superior Courts of Law, in the room of Richard Henderson, resigned.

His Excellency the Governor laid before the Board the case of Samuel Crabtree, convicted of having passed two counterfeit eightdollar bills, knowing the same to be counterfeit, stated by the Attorney-General, who recommended him to obtain pardon. The same being considered;

Resolved, That the Governor be advised to pardon the said Samuel Crabtree.

His Excellency the Governor laid before the Board a resolve of Congress, recommending to the executive powers of the Southern States to permit such vessels to load with flour, wheat, rice, corn, peas or beans for the Eastern States as shall come recommended by the executive powers of such States, or any of them, to carry provisions for the consumption of the people of those States.

Resolved, That it be recommended to the Governor to issue a proclamation prohibiting the exportation and transportation of provisions of every kind except to those persons who shall come recommended as above described.

His Excellency the Governor laid before the Board a resolve of the General Assembly empowering the Governor and Council to call before them Farqd. Campbell and other prisoners, who were sent to the northward and broke their parole and returned to this State, and examine into their circumstances and send them back if guilty thereof; and also laid before the Board a statement of the said Farquard Campbell’s case, from which it appears he hath not been guilty of breaking his parole. And it also appearing that the said Farquard Campbell’s not attending on the General Assembly,

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agreeable to the notice he had from Mr. Mallet, did not proceed from contempt, but from the indisposition of Mrs. Campbell, and he having given bond and security for his good behavior and peaceable demeanor;

Resolved, That it be recommended to the Governor to permit the said Farquard Compbell to remain in this State.

The Governor laid before the Board sundry affidavits whereby it appears that Peter Ford, of Burke county, had, contrary to his entry included in a survey by him made, an entry of land made in the late Earl Granville’s office, belonging to Matthew Sharpe, of Rowan county;

Resolved, That it be recommended to the Governor to suspend the execution of the grant for the said land or entry until the sense of the General Assembly be had thereon.

JOSEPH LEECH, President,
EDWARD STARKEY,
R. BIGNALL,
JOHN SIMPSON,
WILLIAM BRYAN.

The Secretary informed the Board he had purchased of Mr. Davis thirty bound books for to record grants for land in his office, and twenty-one reams of paper for grants and other public use, for the sum of four hundred pounds.

Resolved, The Governor be advised to grant him a warrant on the Treasury for the aforesaid sum.