USA > North Carolina > The state records of North Carolina, Vol XV > Part 17
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D
Dunbibin, Jona., for self & Est. of A. Ward & S. Playor. DeKeyser, Lehanties.
E
Evans, William.
F
Flowers, David. Fergus, John.
G
Goldwin, Aun. Gordon, John. Grainger, Caleb.
Gilliard, John. Green, William. Grainger, Mary.
H
Harris, Peter. Howell, Elias.
Hanson, Erasmus. Harris, Peter. Hostler, Alexander. Henderson, James. Hopkins, John. Henderson, Thos. .
James, Thomas. Jewkes, Charles. Jacobs, George. Jones, Abraham.
Ditto Estat. of John Ancram. Blythe, James.
Chivers & Forbes. Chivers, Forbes & Co. Chivers & Peggs. Corben, Edmund. Campbell, Hooper & Co.
Dubois, John, for self, Mrs. Dubois & Children. Downie, John.
Fryout, Jacob. Ferguson, John.
Gamelion, Henry. Gibson, Walter. Giekie, James. Gregory, Abigail. Ditto for William Neale.
Henderson & Ross. Hooper, Geo. Thomas. Hooper, George. Hill, William. Heron, Alias. Ditto for F. Heron. Heron, Elizabeth.
J
Jones, James. James, John, for self & Eliza James.
192
STATE RECORDS.
Kenan, Owen.
Leetch, Charles. Loyd, Rebbien Est. M
Moore, John. McKenna, James.
McLaine, Thomas.
MeLaine & Huske.
McLorinan, Henry.
N
Mansfield, James. Maxwell, William. Moore, Margaret. Murphy, John. McCullock, George.
Nutt, John. · P
Player, Richard, for self and the Est. of Jos. Watson & C. Morris.
Q
Quince, Parker, for self, the Est. of R'd Quince & Thos. Gibson.
R
Riley, John. Ronaldson, Arch.
Rowand, William.
Ronaldson, Andrew. Rengrove, John.
S
Smith, George. Smith, John. Stokey, Thomas.
T
Toomer, Henry, for self, Est. of A. Mabson. Tood, William.
W
Walker, James. Est. of Jas. Moore & Jno. Quince, Est. Mrs. De- Rossett. Willson, Andrew. Ward, John James.
Younge, Henry. Y
K L
Kirkwood, John. Leonard, Martin.
----
Rooks, Henry, for self & Solomon Hunt. Roberts, Abraham. Ross, David.
Steed, Berrier. Spiller, James.
Thomson, Andrew. Tate, James. Tounley, Buckner.
Wilkinson, William, for self & Agent Harnet & Wilkinson. Walker, John. Wright Thomas. Walker. Hugh.
193
STATE RECORDS.
STATE OF NORTH CAROLINA.
Whereas a Petition from some of the Inhabitants of Wilming- ton, complaining of an illegal election, &c., for the said town, being referred to the Committee of Privileges and Elections :
You are, therefore, hereby Authorized to bring before the Committee of Privileges and Elections (now sitting at the Town of New Bern) the Sheriff of New Hanover County, so that he make his personal appearance on the 28th of this instant, April, Otherwise to canse a Due return to be made to the aforesaid Committee on the 28th of April aforesaid of an Election begun and held at Wilmington on the Tenth day of March last, for Electing one person to represent the aforesaid Town of Wilming- ton. Herein you are not to fail.
Given under my hand and Seal this 17th day of April, 1780.
THOMAS PERSON, Witness. [Seal.]
To James Geekie to Exect, & Return.
You are further hereby required to summons William Hill, of the Town of Wilmington, to make his personal appearance before the said Committee of Privileges and Elections, on the Day above mentioned, then and there to answer to such matters and things as shall then be alledged against his having a right to a seat in the Commons House of Assembly.
Given under my hand this 19th April, 1780.
THOS. PERSON, Ch. Com. WILMINGTON, 22d of April, 1780.
Then was duly Executed, and by Post return'd the within Warrant, Though did not know before that I was a Constable, yet be assured that I shall be always ready and willing to execute justice, and render my Country every Service in my power.
JAS. GEEKIE.
15-13
194
STATE RECORDS.
A LIST OF PAPERS TO BE LAID BEFORE THE GENERAL ASSEM- BLY, APRIL SESSION, 1780, Viz .:
NEW BERN, 17th April, 1780.
No. 1, Letter from Gen. Lincoln, 15 Decm., 1779. 66 66 2, 66 66 3rd Jan., 1780.
3,
66
29 and 31st Jan., 1780.
66 66 4, 66 Gov. Rutledge, 31 Jan., 1780.
ɔ̃,
66 Edw. Rutledge, Esqr., 31 Jan., 1780.
66 6, Resolve of Congress, 16 March, 1778.
66 7, 8, 66
30 Octo., 1779.
66
9,
66
66
12 & 16 Nov., 1779. 16 66
11, 66
66
66
19
66 66
66 13, 66
14,
66
15 66 66
66 15,
66
66
30 Octo.,
16, Letter from No. Carolina Delegates, 4 Nov., 1779.
" 17, Extracts from Cont. Congress Journal.
18, Letter from Ast. Audt. Gen. to Mr. Sharpe.
19, No. Carolina Acct. with the United States.
20, Letter from Presd't of Congress, 11 Nov., 1779.
21, 66 Wm. Sharpe, Esqr., 12 66
66 22, 66 Presd't of Congress, 18
66 23, 66 Secretary of Congress, 20 " 66
66 24, 66 66 the Presd't of Congress, 22 Nov., 1779.
66 66
14 Dec.,
25, 26,
66
66
46 66
15 « 66
66 27, General Assembly of New Jersey to the Assembly of 66 North Carolina.
66 28, Letter from the Hon. Stephen Hopkins. 66 29, Proceedings of Com. for Settling prices, &c.
30, Return of the No. Carolina Brigade (Gen. Hogun).
31, Letter from Gov. Jefferson, 11 Nov., 1779. 32, Maj. Martin, 17 Dec.,
33, Colo. Evan Shelby, 18 Dec., 1779.
66
14 Decr., 66
66 12, 66
66
66
11 Nov.,
66 10,
195
STATE RECORDS-
-
34,
66
66 Gen. Lincoln, 8 Jan., 1780.
35. General Washington to P. of Congress.
36, Extract from Letter of Gen. Wayne to Gen. Washington.
" 37, Copy Maj. Lee's Letter, 27 Dec., 1779. 38, Letter from No. Carolina delegates, 21st Jan., 1780.
39, Extract of Intelligence,
40, Letter from the Delegates of N. C., 22 Jan.,
Gen. Lincoln, 24 Jan., 66
42,
43.
66
66 66 28 « 66
" 44
66 3rd March,
66
45, 66
Gov. Rutledge, 5
Edw. Rutledge, Esqr., 5 March
66
66 46, 66
47, 66 Gov. Rutledge, 14
66
66
48. 66
66 Gen. Lincoln, 14
Benj. Hawkins, Esqr., 14 Feb., 66
50, Resolve of Congress, 13 Jan.,
51,
52, 66
66
66
24 4
53,
54, 66
66
66 6 Mar.,
66
55, 66
66
66
66
18 & 20 March, ",
66 21 66
58, Letter from Presd't of Congress, 14 Mar.,
.
66 59, 66
20 4
66 60, Proclamation for a Fast.
61, Letter from the Pay Officer, 21 Mar.,
66
6'2, 66 " His Excellency the Minister of France at Phil.
63, Letter from Ch. D'Amours, 1 April, 1780. 64, Gen. Lincoln, 25 Mar.,
65, Papers relating to Flag of Truce.
R. CASWELL.
66 41 66
“
66
66
14 «
66
66 66
9 Feb.,
66
56,
66
66
57,
49,
196
STATE RECORDS.
STATE OF NORTH CAROLINA, IN THE HOUSE OF COMMONS, 17 April, 1780. Resolved, that the Rev. Charles Cupples be appointed Chaplain to the present General Assembly.
By order, THOMAS BENBURY, S. C. J. HUNT, C. H. C.
In Senate 17 April, 1780. Read and Concurred with
A. NASH, S. S. By order,
JNO. SITGREAVES, Ct.
STATE OF NORTH CAROLINA, IN THE HOUSE OF COMMONS, 18 April, 1780.
Whereas, it is suggested to this House that a quantity of provis- . ions, and several articles of foreign produce, which may be wanted for the use of the army, are about to be exported out of this State if the same should not be prevented ; Therefore,
Resolved, that His Excellency the Governor be requested to issue a Proclamation prohibiting the Exportation or Transporta- tion (except for the use of the army) of every species of Provision and of all kinds of Imported Commodities of Foreign produce or Manufacture, either by Land or water, And that the Naval Offi- cers, Justices of Peace and all other Civil officers be required to see the said Proclamation have its due effect.
THOS. BENBURY, S. C.
By Order, JOHN HUNT, C. H. C.
GOV. R. CASWELL'S THANKS TO THE GENERAL ASSEMBLY.
22 April, 1780. Mr. Speaker and Gentlemen of the House of Commons.
When I first received the Honorable appointment of Governor of this State, I was induced to accept it from a desire of support- ing, as far as in me lay, the Liberties and Interest of my Country,
197
STATE RECORDS.
and in discharging the several important duties of that elevated station I am happy to find my conduct approved by you. The manner in which you, Gentlemen, have been pleased to Communi- cate the same to me is so truly affecting that I am at a loss to express my Feelings on this occasion. However, give me leave, Gentlemen, to return you my most Cordial and grateful thanks for these warm, Friendly and affectionate expressions of regard for my Happiness and that of my Posterity. That you and yours, with the good people whom you Represent, may enjoy that Free- dom and Liberty so happily begun, and the Blessings of Indepen- dence and Peace (with the assistance of your Councils) be estab- lished and Secured to this and the United States to the latest period, is my most Ardent wish.
R. CASWELL.
REPORT OF COMMITTEE RESPECTING CONGRESS PAPERS, &c. [Concurred.]
24th April, 1780.
The Committee for taking into Consideration sundry dispatches, Resolutions, Letters and papers from the Continental Congress, report for the present as follows :
Your Committee having Considered the Resolution of Congress of the 18th & 20th of March last, are of opinion the mode therein recommended is Eligible, and would answer Salutary purposes by reducing the quantity of Continental money in Circulation, but at present it appears impracticable for this state to carry the same into immediate Execution.
Your Committee have further considered a Letter from the president of Congress, inclosing a Resolution of that body of the 9th March, requiring the several States to furnish forth their respective quotas of Troops for the Current year, and are of opinion and recommend that 3,000 Men be immediately raised for three years, or during the war, by voluntary Enlistment for the purposes aforesaid, at the Expence of the whole State, and that each County be required to raise their respective portions according to the Number of Militia Men in that State, And for induc- ing volunteers to turn out in the Service of their Country your
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STATE RECORDS.
Committee recommend that a bonnty of 500 dollars be given to each man yearly, and every year, during the Term of three years, And at the expiration of the said three years, or on the conclusion of the present war, such volunteers respectively so Inlisting and serving faithfully as Soldiers shall be entitled to receive from the State a prime Slave between the age of Ten & Thirty years, and also one hundred acres of Land on the Western waters, adjacent to the Land appropriated by the Commonwealth of Virginia for the Soldiers of that State.
Your Committee further recommend purchasing Commissaries be appointed in each district of this State for supplying provis- ions for the Militia to be raised.
Your Committee report as their opinion that a sufficient quan- tity of Money be Emitted, and that the faith of this State be pledged for the redemption thereof.
Your Committee recommend that a Taxation Bill be brought in & passed this Session of Assembly, and that the Tax for the Current year be Eight pence in the pound, one-half to be paid at the end of six months, the other half to be paid in two equal pay- ments, Comprehending the other Six months.
THOS. PERSON, Chair.
IN THE HOUSE OF COMMONS, 24 April, 1780. The foregoing Reports were read, &c. Concurred with. By order,
J. HUNT, C. H. C.
In Senate 24 April, 1780. Concurred with.
ALEX. MARTIN, S. S.
By order
JNO. SITGREAVES, C. S.
199
STATE RECORDS.
PROCLAMATION FOR A FAST, APRIL 26TH, 1780.
Proc. for a Fast 26 April, 1780 ; 11 Mar, North Carolina. PROCLAMATION.
It having pleased the righteons Governor of the world, for the punishment of our manifold offences, to permit the sword of war still to harass our country, it becomes us, by humbling ourselves before him and turning from every evil way, to avert his anger and obtain his favour and blessing. It is therefore hereby recom- mended to the several States That Wednesday, the 26th day of April next, be set apart and observed as a day of fasting, humila- tion and prayer, that we may with one heart and one voice implore the sovereign Lord of Heaven and earth to remember mercy in his judgments ; to make us sincerely penitent for our transgres- sions ; to prepare us for deliverance, and to remove the evils which he hath been pleased to visit us ; to banish vice and irreligion from amongst us, and establish piety and virtue by his divine grace ; to bless all public councils throughout the United States, giving them wisdom, firmness and unanimity, and directing them to the best measures for the public good ; to bless the magistrates & people of every rank, and animate and unite the hearts of all to promote the interests of their country ; to bless the public defence, inspiring all commanders and soldiers with magnanimity & perseverance and giving vigor and success to the military operations by sea and land to bless the illustrious sovereign and the nation in alliance with these states, and all who interest themselves in the support of our rights and liberties ; to make that alliance of perpetual and exten- sive usefulness to those immediately concerned and mankind in general; to grant fruitful seasons & to bless our industry, trade and manufactures ; to bless all schools and Seminaries of learning and every means of instruction & education, to canse wars to cease and to establish peace amongst the nations.
And it is further recommended that servile labour and recrea- tions be forbidden on the said day.
Done in Congress this the eleventh day of March, in the year
200
STATE RECORDS.
of our Lord one thousand seven hundred and eighty, and in the fourth year of our independence.
SAM. HUNTINGTON, President.
Attest,
CHAS. THOMSON, Jun.
STATE OF NORTH CAROLINA,
IN THE HOUSE OF COMMONS, 29th April, 1780.
Whereas, it is represented to this House that a large quantity of provisions remain in Sundry Stores in this State in a perishing Condition ;
Resolved, That William Bennett or Win. Gardner for the dis- trict of Edenton, James Bloodworth for the district of Wilmington, Nathaniel Rochester for the district of Hillsborough, Hardy Bryan for the district of Newbern, William Wooten for the district of Halifax, and Joseph Dickson for the district of Salisbury, hereto- fore appointed Commissioners in the respective districts in this State to purchase provisions for the Army in January, 1776, and all other persons who may have public provisions in their care at this time, be and they are hereby required to Overhaul all the Pork and Beef which they respectively purchased, and such as may want repacking, to cause the same to be repacked, and that they make an exact return as Speedily as may be to His Excel- lency the Governor of the quantity in their hands respectively, distinguishing such as may be good from the Bad.
Resolved, further, that the said Commissioners shall be allowed such sums of money for Salt necessary in repacking the said pro- visions as they may expend, also their Expenses & trouble, and that His Excellency the Governor be requested, when such return shall be made to him, that he appoint some person or persons to dis- pose of all the pork & Beef which may be reported by the Com- missioners to be had, for the use of the State.
By Order, THOS. BENBURY, S. C.
J. HUNT, C. H. C.
In Senate 29 April, 1780, Concurred with.
ALEX. MARTIN, S. S. By Order,
JNO. SITGREAVES, Ct.
201
STATE RECORDS.
PETITION OF JOHN HAY, JR.
April 29th, 1780.
GENERAL ASSEMBLY OF THE STATE OF NORTH CAROLINA.
The humble petition of John Hay, jun.,
SHEWETH,
That Henry McCullock, esquire, having granted to Patrick Smith, late of Belfast, in the Kingdom of Ireland, merchant, twelve thousand five hundred acres of land within the bounds of this State, the said Patrick Smith conveyed one moiety thereof to Arthur Dobbs, Esquire, late Gov. of North Carolina, and the said Arthur Dobbs, by a writing under his hand dated the ninth day of June, one thousand seven hundred and fifty-three, declared that he held one-third part of the said moiety, containing two thousand and eighty acres, in trust for Arthur Rainey Maxwell, esquire, his heirs and assignees, and Conway Richard Dobbs, esquire, eldest son and heir-at-law of the said Arthur Dobbs, by deed bearing date the 12th day of July, one thousand seven hun- dred and seventy-nine, released and surrendered his trust in the said lands and assigned the same to Rainey Maxwell, esquire, son and heir-at-law of the said Arthur Rainey Maxwell, now deceased ; and the said Rainey Maxwell, by Indenture bearing date the twenty-first day of the same July, conveyed the same to your Petitioner, his heirs and assigns, as by the said declaration of Arthur Dobbs, the release and assignment and indenture hereto annexed, and to which your petitioner begs leave to refer, may more fully appear.
That your petitioner embarked at the port of Belfast in the month of September last with abont forty passengers, many of them persons of property, and arrived in the commonwealth of Virginia in the month of December following, all the said pas- sengers originally intending becoming citizens of some of the United States of America, and to enable them to effect this in the most convenient manner brought with them a considerable part of their property.
Your petitioner, having at the risque of his property as well as that of his personal liberty, removed himself from his native country to become a citizen of this State, and thereby to enjoy a
202
STATE RECORDS.
participation of the blessings of liberty, flatters himself that his claim will appear to your honorable body in a favourable point of view, and that you will, from a regard to equity and natural justice, (not in the present case inconsistent, as your petitioner conceives, with sound policy,) so far do away the acts for confis- cating and disposing of the estates of absentees as will enable your petitioner to take possession of the purchase he has made.
Your petitioner begs leave to represent to your honorable body that the title deeds for the lands claimed by your petitioner must have been in the possession of the late Gov. Dobbs, and your petitioner has reason to believe fell into the hands of the attorney of Mr. Edward Brice Dobbs; and as your petitioner has very lately come into this State, he hath not had an opportunity to apply for copies of them, nor doth he, with any degree of certainty, know where they are to be found.
Your petitioner also begs leave to represent that the late Gov- ernor Dobbs (as your petitioner has been informed and believes) sold several plantations and considerable quantities of lands in Mecklenburg County, and as it doth not appear from the annexed papers in what part of the State the lands claimed by your peti- tioner are situated, and if in Mecklenburg County, it is highly probable that the most valuable and greatest part of what Gov- ernor Dobbs held were disposed of in his life time, or have been since appropriated under the late act of Assembly, and as he pos- sessed a tract of land on the Six Runs (?) in Duplin County, which is no other wise affected than by the confiscation act, your peti- tioner humbly hopes that your honorable body will order that two thousand and eighty acres of land may be laid off for him from Mr. Dobb's tract in Duplin County, as a full compensation for his claim by virtue of the annexed papers
Your petitioner begs leave to subjoin a testimonial from the Governor of Virginia, and a certificate of your petitioner's having taken the oath of allegiance and fidelity to this State, and is ready to make further proof (if necessary) to the authenticity of the annexed papers.
Your petitioner humbly prays that your honors may take the premises into consideration and grant him such relief as you, in your wisdom, shall think meet, and your Petitioner as in duty bound shall pray, &c.
JOHN HAY.
203
STATE RECORDS
THE MEMORIAL OF THE MERCHANTS, TRADERS AND OTHERS RESIDING AT CAPE FEAR.
(Rejected 2 May, 1780.)
To the Honorable the General Assembly of the State of North Carolina.
The Memorial of the Merchants, Traders, and others, residing at Cape Fear, whose names are hereto subscribed,
HUMBLY SHEWETH,
That the Confiscation Art, and the Act passed last Session of the General Assembly for carrying the same into Execution, will, in the opinion of your Memorialists, occasion the justice of the Legis- lature to be called into question, and in their tendency greatly endanger the credit of this State as a commercial Country.
Your Memorialists humbly conceive that, in case of a war, it is contrary to the usage and custom of civilized nations to confiscate the property of private persons who may be subject to the Enemy. The most that is ever done in such cases is to secure such property, untill it shall be known how the enemy behave in the like case.
For a proof of this your Memorialists appeal to the Declarations and Manifestoes published by France and Spain on the one side, and Great Britain on the other, at the commencement of the late and present war.
Many of the Traders in this country carried on very extensive business without any funds of their own, but altogether upon the credit which they had abroad. As men of fair characters, they were liberally supplied with Goods, and their honor, as well as their principles, make them willing, and even desirous, of dis- charging the debts they have contracted. It is true they cannot do this until Hostilities cease between the United States and Great Britain, and perhaps for some time afterwards; but if these debts are called out of their hands, what foreign merchant will hereafter give credit to an Inhabitant of North Carolina ? If a State seizes upon private property, what man will hereafter be mad enough to trust his property in that State? There are few, if any, of the United States except this that have laid their hands upon British property, as such ; none, that we know of, that have meddled with British debts. We are sensible that it had been urged that pay-
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STATE RECORDS.
ing these debts at the exchange mentioned in the Aet can do but little injury, and be attended with little loss ; but, however small, it will be a certain loss to the honest eitizen, who cannot conceive that his creditor is paid because an Act of Assembly has taken the Money which should have been applied to that purpose. He will, at all Events, pay his just debts, and the Act will give an opportunity to the dishonest man to defraud his creditors and make his own fortune. But were all this out of the question, your Memorialists beg leave to contend that the measure adopted by the Legislature will have the most pernicious consequences on the publie as well as the private eredit of the Country. It will be said that, there being more British property in America than the Americans have in Britain, we meanly take advantage of that circumstanee and, because it is in our power, apply what belongs to others to our own use. This, and much more, will probably be urged against our publie Conduct, to say nothing of the necessity we may lie under of making restitution before peace ean be estab- lished ; for the property taken in this way will be treated of in a very different manner from that which has been taken and destroyed in the usual course of War ; Besides, what Merchant, who may pay his debts agreeable to the Aet, can with safety or mod- esty show himself in the British Dominions ? What Citizens of North Carolina can appear abroad without being reproached with the evil policy, perhaps with the injustice, of his Country ?
That your Honorable Body may take the premises into eonsid- eration, your Memorialists have, as they conceive they are in duty bound, presumed to lay their sentiments before you, and flatter themselves that you will think the subject matter of their Memorial merits some degree of attention ; That upon mature deliberation you will be of opinion that the Aets referred to require amend- ment ; That the innocent should be relieved, the commercial credit of the Country supported, and, above all, the Justice of the State preserved inviolate. Confiding in the wisdom and justice of the Legislature, your Memorialists, as in Duty bound, shall ever pray, &c., &e.,
James Tate. Thos. Craike.
H. Toomer.
F. Joneson (?) Burgwin. Charles Jewkes. E. Corbin. Jas. Geekie.
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STATE RECORDS.
Sam. Campbell.
Wm. Wilkinson.
T. Hooper. Rob. Hogg.
G. Hooper.
Francis Bruie.
John Du Bois.
W. Hill.
H. Young Ronaldson.
James Smith.
Thos. Melaine.
John Gordon.
Joseph Titley.
Jonas Dunbibin.
James London.
Thos. Davis.
F. Graham.
James Walker.
Jno. Fergus.
Wm. Evans Williams.
Robert Gillies.
Alexander Hostler.
P. Quince.
A. Mclaine.
Jno. James.
STATE OF NORTH CAROLINA, IN THE HOUSE OF COMMONS, 3d May, 1780. 5 Resolved That the Members of the General Assembly be allowed Fifty five dollars per day for their attendance as Members. THOS. BENBURY, S. C.
By Order, JNO. HUNT, C. H. C.
In Senate 7th May, 1780. Concurred with. ALEX MARTIN, S. S.
By order, JNO. SITGREAVES, Ct.
STATE OF NORTH CAROLINA, IN SENATE, August 31st, 1780. 5
Resolved, That Captain William Williams, late of the fourth North Carolina Continental Battalion, now unfortunately become an Invalid by the Palsy, whose former services in the North Caro- lina Brigade justly entitle him to the Notice of the General Assem- bly, be recommended to his Excellency the Governor for a Cap- tain's Commission to command a Corps of invalids to be raised in this State of such wounded and disabled soldiers and Militia belonging to the same, who are or shall be rendered unfit for Serv- ice, not to exceed seventy five Rank and File, with two Lienten-
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