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Colonial and State Records of North Carolina
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Acts of the North Carolina General Assembly, 1778
North Carolina. General Assembly
August 08, 1778 - August 19, 1778
Volume 24, Pages 184-189

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LAWS OF NORTH CAROLINA, 1778.

At a General Assembly begun and held at Hillsborough, on the eighth day of August, in the Year of Our Lord One Thousand, Seven Hundred and Seventy-Eight, and in the third year of the Independence of the said State, Being the second Session of this Assembly.—Richard Caswell, Esq., Governor.

CHAPTER I.
An Act for emitting Eight Hundred and Fifty Thousand Pounds in Bills of Credit, for discharging the debts incurred by this State in raising Men to Reinforce the Battallions belonging to this State in the Continental Army, for calling in all former Emissions, and other purposes:

I. Whereas this State has incurred debts by raising men to reinforce the Battalions thereto belonging in the Army of the United States, upon the particular requisition of Congress, for the payment of which Debts the Public Faith stands pledged, and the time for receiving the Taxes into the Treasury is too remote, and the Quantity thereof not yet ascertained; and whereas many evil disposed persons have counterfeited great Part of the Bills of Credit now current in this State, in such Manner as to be with great difficulty distinguishable, and there is therefore great danger of Injury to individuals, and of Depreciation to the Current Medium. And whereas also the disaffected in this State have endeavored to depreciate the Bills of Credit emitted by the Authority of the Continental Congress, and the Congresses held in this State previous to our Constitution, by forming Comparisons much to the Prejudice of the said Bills of Credit, with the Bills of Credit emitted by the Authority of the British Government; wherefore it is expedient to emit a sum of money in Bills of Credit, sufficient to discharge the said Debts, and call in all the Bills of Credit of former Emissions:

II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and by the authority of the same, That Eight Hundred and Fifty Thousand Pounds be emitted on the Faith and Credit of this State, in Bills of the following denominations, that is to say, two thousand five hundred of one hundred dollars, five thousand bills of fifty Dollars, three thousand one hundred and twenty-five of forty Dollars, ten thousand of twenty-five Dollars, twelve thousand five hundred of twenty Dollars, fifty thousand of Ten Dollars, fifty thousand of five Dollars, twelve thousand five hundred of four Dollars, twenty five thousand of two Dollars, fifty thousand of one Dollar, one hundred thousand of Half a Dollar, one hundred thousand of one fourth of a Dollar; one hundred thousand of One Eighth of a Dollar, and two hundred thousand of one Sixteenth of a Dollar; that the same be printed in a printing press and that Henry Rhodes, Henry Horn, Jun., Nathan Bryan, Jeremiah Frazier, James Saunders, and George Alexander, be Commissioners to superintend and number the same; that James Kenan, John Lillington, James Williams, Thomas Satterwhite, Jesse Cobb, Benjamin Exum, William Sharp, James Kerr, Orcondates Davis, Benjamin Hawkins, Thomas Harvey and Joseph Jones, be commissioners to receive the same when printed and numbered, to sign the same and to pay it into the hands or the Public Treasurers.

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III. And be it further enacted by the authority aforesaid, that the general form of the bills hereby emitted shall be as follows, to-wit:


“State of North Carolina.

“This Bill entitles the Bearer to receive —— Spanish milled Dollars or the value thereof in Gold or Silver, agreeable to an Act of Assembly passed at Hillsborough the eighth day of August, 1778.”

And such Bill shall be impressed and printed both in the face and reverse thereof, on the edges as well as the Body thereof, with divers Letters, Marks, Devices, and Words which may be difficult of imitation, and which in the opinion of the said Superintendents of the Press, may most effectually secure the same from attempts to counterfeit.

IV. And be it also enacted by the authority aforesaid, that every dollar of the emission aforesaid shall be held and deemed equal to eight shillings proclamation Money, and shall pass current at the same, and be a lawful Tender in all Payments and Contracts within this State, any Law, Custom or Usage to the contrary notwithstanding.

V. And be it also enacted by the authority aforesaid, that the Superintendents shall to each set of signers deliver a sum not exceeding ten thousand pounds at one time taking a receipt for the numbers from the lowest to the highest inclusive, and shall deliver no more to the same set of signers until a receipt shall be produced from some one of the Public Treasurers for the same numbers duly signed.

VI. And be it also enacted by the authority aforesaid, that every commissioner appointed by this act to superintend and number and to sign and pay the said bills of credit to the Public Treasurers shall take an oath well and truly to execute the duties and discharge the trusts by this act required and each and every Commissioner shall enter into Bond to the Governor with sufficient security to be by him approved in the sum of twenty thousand pounds for the due performance of the duties and trusts by this act required.

VII. And be it further enacted by the authority aforesaid, that each and every Commissioner for superintending and numbering the said Bills of Credit shall have and receive Three Hundred Pounds & the Commissioners for signing and paying the same to the Public Treasurers shall have and receive four Dollars for every thousand Bills which they shall respectively sign over and above the expence of paper and printing and that none of the Bills by this act to be emitted shall be signed by more than two of the Commissioners and all Bills of the denomination of two Dollars and under shall be signed by one of the Commissioners only.

VIII. And be it also enacted by the authority aforesaid, that the Commissioners for superintending and numbering the said Bills of Credit shall be empowered to purchase paper and materials and to employ a printer to print the said Bills, and may draw on the Public Treasurers, or either of them for the monies necessary for the same, and their drafts shall be admitted as vouchers in the settlements of the said Treasurers public accounts.

IX. And be it further enacted by the authority aforesaid, that the Treasurers shall attend at the Superior Courts in their respective districts to receive the money to be redeemed by the new Emission, and for this service and for receiving the new emission from the Commissioners and paying it out again shall have and receive five hundred pounds each over and above the salary by law established, and the said Treasurers respectively shall enter into Bond with sufficient security to be approved of by his Excellency

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the Governor in the sum of four hundred and twenty five thousand pounds for the faithful discharge of the duties by this act required.

X. And be it further enacted by the authority aforesaid, that the Commissioners hereinbefore appointed for superintending the press and signing the money shall meet at Kingston on the tenth day of September next, to consult and agree on measures to procuring paper and carrying this act into execution, and that the said Commissioners shall begin to print and sign the said Bills of Credit to be by this act emitted on or before the first day of October next.

XI. And be it also enacted by the authority aforesaid, that the Public Treasurers, or either of them, shall receive all Bills of Credit emitted by authority of the Governor, Council and Assembly of North Carolina previous to the establishment of our present Constitution which shall be brought to them or either of them before the first day of February in the year one thousand seven hundred and seventy nine, and all the Bills of Credit emitted by authority of the Congresses of North Carolina which shall be brought to them or either of them before the first day of May in the same year, and shall deliver in exchange for all such monies to the persons producing the same money of the Emission directed by this Act to the amount of the sums by each respectively produced, and that from and after the said first day of February no Bill or Bills of Credit emitted by authority of the Governor, Council and Assembly of North Carolina shall be current within this State nor be held redeemable or at any time chargeable to or upon the public credit thereof, and that from and after the said first day of May no Bill or Bills of Credit emitted by authority of the Congresses of North Carolina shall be current within this State or be held redeemable; any Resolution, Law, Custom or Usage to the Contrary notwithstanding.

XII. And be it also enacted by the authority aforesaid, that whoever shall by printing, writing, engraving, or by any other ways or means counterfeit or attempt to counterfeit any of the said Bills of Credit by this act directed to be emitted or any part, word, letter, name, emblem or device of the same, or shall make or construct any die, press, tipe, or other Instrument or shall have in possession any die, Press, Tipe, or other Instrument for imitating or Counterfeiting any of the said Bills or any part, word, letter, name, emblem or device thereof except by authority of law or in cases where such may be seized in order to bring suspected persons to justice, or shall alter or deface any of the said Bills with intention to change the value or denomination thereof, or shall knowingly pass or utter any counterfeit likeness of any of the said Bills being thereof lawfully convicted by confession or Verdict, or on arraignment or trial shall stand mute or challenge peremptorily more than thirty-five jurymen, every such person shall receive judgment of death without Benefit or Clergy and shall suffer as in case of Felony.

XIII. And be it also enacted by the authority aforesaid, that where it shall appear by due proof to the satisfaction of a jury that any person has printed, written, stamped, or by any ways or means made any bill or bills in the likeness of any of the Bills of Credit by this Act emitted, or any part of the same, altho' such Bill or Bills cannot be produced in evidence, it shall be held and deemed sufficient testimony to convict such person of counterfeiting under this act, any Law, Custom or Usage to the Contrary Notwithstanding.

XIV. And be it also enacted by the authority aforesaid, that six hundred and thirty thousand pounds of the bills by this act emitted shall be appropriated solely to the redemption of the bills of credit by this act directed

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to be redeemed, and it shall not be lawful to appropriate any part of the said sum to any other use or purpose whatever.

XV. And be it also enacted by the authority aforesaid, that if any Commissioner appointed by this Act to sign the said Bills of Credit or to superintend and number the same, shall die, refuse to act, resign, remove, or become disabled or disqualified, it shall be lawful for the Governor to appoint one in his stead, and such Commissioner shall give bond and be subject to the same rules and restrictions as Commissioners appointed by this act.

XVI. And be it further enacted that in case the Treasury should not be supplied in due time to exchange the circulating currency of this State by this act called in, it shall be lawful, and the treasurers and others by this act appointed for exchanging the same are hereby required to receive all such sums and grant certificates therefor to be redeemed as soon as the money by this act directed to be emitted shall come into the Public Treasury.

XVII. And be it further enacted by the authority aforesaid, that previous to the superintendents entering upon the business of printing the Bills of Credit by this Act directed, to be entitled, they shall take an oath to break and destroy the Tipes in such manner as to prevent any Frauds or Impositions.

XVIII. And be it enacted by the authority aforesaid, that the Public Treasurers of this State or either of them shall, and they are hereby directed to attend at the place where the aforesaid money shall be struck to receive the same from the signers.

CHAPTER II.
An Act to make Provisions for the Recovery of Debts due to the United States, or any of them.

I. Whereas it is expedient that provision be made for compelling all such Individuals as have received Money on Account of the United States, or any of them to account and pay all balances due:

II. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That it shall and may be lawful to commence and prosecute any action or actions, Suit or Suits, for any Debt, duty or Demand, in the name of the United States, or any of them, in any Court of Law or Equity, or before any Judge or Justice within this State, where the Value of such Debt, Duty or Demand, may be cognizable; and every such Action or Suit shall be subject to such Rules, and Regulations, as Actions and Suits of like nature, commenced or prosecuted by any citizen of this State. Provided, that costs shall be recoverable against the Agent, Factor or Attorney, who shall commence the Action or Suit, when Judgment shall be given against the United States, or any of them.

III. And be it also enacted by the authority aforesaid, That in any Action or Suit in the name of the United States, where it shall be made to appear to the Court that a Declaration has been served on the Defendant or Defendants, with Notice to prepare for trial at the next ensuing Term, at least five days before the said Term, issue shall be joined, and the Action or Suit shall be tried the first Term, except in cases where the Court shall grant longer time.

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CHAPTER III.
An Act to amend an Act passed in the last Session of this present Assembly, Intitled An Act to alter the Terms for holding the several Superior Courts of Law, and for better arranging the County Courts within this State.

I. Whereas by the said act no provision is made for transferring the several Causes on the Docket of the several Superior Courts and the County Courts in the said Act mentioned, or for making process returnable to the terms as they formerly stood, Returnable to the terms as established by the said Act, whereby a Discontinuation of all Suits and Process in the said Courts must happen, unless prevented by this Assembly, to the great Damage of Suitors in the said Courts, and to the delay of Justice,

II. Be it therefore enacted by the General Assembly of North Carolina, and it is hereby enacted by the authority of the same, that every Suit, Indictment, Recognizance and Process which was depending in the said several Superior Courts and in the County Court in the said act mentioned before the time of passing the same and which hath not been abated, determined or discontinued in due course of Law be and is hereby declared to be transferred to the several Superior Courts and the County Court aforesaid as Established by the said Act, and the Judge or Justices in the said Courts respectively, shall have jurisdiction and take cognizance thereof in the same manner as if the terms had not been altered, and all process, recognizances and other proceedings returnable to any certain day or days in the terms of the said several Superior Courts and County Court as they stood before the passing of the Act aforesaid shall be returned to the same days of the Terms as established by the said Act.

CHAPTER IV.
An Act to Repeal part of an Act entitled “An Act allowing Salaries to the Governor, Secretary, Delegates, Treasurers, Members of the Council of State and other Purposes.

I. Whereas it has been found expedient to increase the number of the Delegates from this State in the Continental Congress and to vary the Duties enjoined them, whereby the Salaries undergo a material Alteration and Provision has been made accordingly.

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that An Act entitled An Act Allowing Salaries to the Governor, Secretary, Delegates, Treasurers, Members of the Council of State and other Purposes, so far as it relates to the salaries of Delegates and their appointments in office, be and it is hereby repealed and made void.

CHAPTER V.
An Act to prevent trading with the Cherokee Indians without license first had and obtained; and also to prevent Trespasses upon the Indian Hunting Grounds.

I. Whereas, divers Avarocious and ill-disposed persons, have by Frauds in Traffick, or by Trespassing upon the Hunting Grounds of the Cherokee Indians,

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and divers other abuses, excited their Jealousies and Suspicions, which if not seasonably quieted, and such abuses in future prevented, may involve this and other of the United States in a bloody and expensive Indian War,

II. Be it therefore enacted by the Assembly of this State, and by the authority of the same, that no Person or Inhabitant of this State, shall trade, traffick, or barter with the Cherokee Indians within the Indian Country, unless he shall first obtain a License for so doing, from the Judges of the Superior Courts; and if any person shall trade, traffick or barter contrary to the true Spirit and Intention of this Act, such person or persons so offending, shall, upon conviction thereof, duly had and obtained in the Superior Court of the District nearest the place where such offence shall have been committed, forfeit and pay the sum of Five Hundred Pounds Current Money of this State, one half thereof to the use of the Informer, the other to the Governor of this State, to be applied to defray the Contingent Charges of Government; to be recovered by Action of Debt, Bill, Plaint or Indictment, wherein no Essoign, Excuse, or Plea in Abatement shall be admitted to the Jurisdiction of the said Court, nor shall Process be discontinued for or by reason of any Omission or Errors not substantially material: and in case such Offender or Offenders shall not within twenty four hours after conviction, pay into the hands of the Sheriff of the County in which such District Court shall be held, the said Sum of Five Hundred Pounds, and all Costs arising upon such prosecution, he shall stand in the Pillory two hours, and receive thirty nine lashes upon his bare back, and shall stand Committed to the Gaol of the District until such sums shall be compleatly discharged and paid.

III. And be it further enacted by the authority aforesaid, That if any person shall hereafter be guilty of trespassing upon the Indian Hunting Grounds, knowing them to be such, he shall suffer the same Penalties, Fines and Forfeitures, to be prosecuted, sued for and recovered, and inflicted, as are by this act heretofore directed, with respect to Persons trafficking with the Cherokee Indians, and under the same Rules, Regulations, Latitude and Restrictions, prescribed to be had against the offenders specified in this Act heretofore, and all Fines and Forfeitures shall be applied in Manner as before directed.

ALLEN JONES, S. S.
THOMAS BENBURY, S. C.