The state records of North Carolina, Vol XV, Part 18

Author: North Carolina. cn; North Carolina. Trustees of the Public Libraries; Saunders, William Lawrence, 1835-1891, ed; Clark, Walter, 1846-1924 ed; Weeks, Stephen Beauregard, 1865-1918
Publication date: 1907
Publisher: Goldsboro, N. C., Nash brothers, printers
Number of Pages: 822


USA > North Carolina > The state records of North Carolina, Vol XV > Part 18


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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206


STATE RECORDS.


ants and an Ensign and Non-Commissioned officers; that from this date he be authorized to draw cloathing, Pay and Rations, and Entitled to all the Immunities of officers of like Rank in the Con- tinental Army ; And that he with the said Corps, when raised, shall be ready to do such Duty within the State as shall be assigned him from the Governor or Commaneer in Chief for the time being. ALEX MARTIN, S. S. By Order, JOHN HAYWOOD, Pro. CI'k.


In the House of Commons, 6th Sept., 1780. Concurred with. THOS. BENBURY, S. C. By Order, JOHN SITGREAVES, Pro. C. H. C.


No. CAROLINA, IN THE SENATE, 3d September, 1780.


Resolved, That his Excellency the Governor be requested to order out a Command consisting of Horse and Foot, not exceeding Five Hundred Men, to Pee Dee River and its Environs, there to collect all the Stocks of dry cattle of three years old and upwards, and all Horses suitable for the Army, so as not to distress any private Fam- ily ; to be drove to good range on the North side of the North West Branch of Cape Fear River, there to remain under safe Guard till further Orders ; That the Commanding Officers of said Corps be directed to take descriptive accounts of said Cattle & Horses, in order that justice may be done the owners ; That no Officer or Soldier of said Corps be permitted during the Service to purchase any Cattle or Horse, under the penalty of the same being seized and forfeited to the use of the State; That the Commanding offi- cer observe the strictest Discipline, that all Plunder and Ravage of the Inhabitants may be prevented.


ALEX MARTIN, S. S.


By Order, JOHN HAYWOOD, pro. CI'k.


In the House of Commons, 3d Sept., 1780. Read and Con- curred with.


By Order,


THOS. BENBURY, S. C.


JOHN SITGREAVES, Pro. CI'k.


207


STATE RECORDS.


No. CAROLINA, IN THE SENATE, - 5th September, 1780.


It being Certified to the General Assembly that Edward Star- key, Esqr., hath resigned his appointment as Auditor for settling and adjusting the public Accounts of this State, &c., Resolved, that Joseph Bryan, Esqr., be and he is hereby appointed Anditor, and declared to be vested with the like powers as the Anditors heretofore appointed by the General Assembly.


ALEX MARTIN, S. S.


By Order, JOHN HAYWOOD, CIK.


In the House of Commons, 6th September, 1780. Concurred with THOS. BENBURY, S. C.


By Order,


JOHN HAYWOOD, C. H. C.


No. CAROLINA, IN SENATE,


- 11th September 1780.,


Resolved, That Brigadier General Gregory be furnished at the Expence of the State, for immediate service, with a Gelding of the first Price, in Consideration of one by him lost in the late Action near Camden.


ALEX MARTIN, S. S.


By order,


J. HAYWOOD, Pro. C. S.


In the H. of Commons, 11th Sept., 1780. Concurred with. THOS. BENBURY, S. C. By Order, J. HAYWOOD, Pro. C. H. C.


208


STATE RECORDS.


No. CAROLINA, IN SENATE, - 12th September, 1780.


Mr. Joseph Bryan having signified to this House that he declines acting as an Auditor of public Accounts, Resolved that Memucan Hunt, Esqr., be appointed in his stead.


By Order, JOHN HAYWOOD, CI'k.


ALEX MARTIN.


In the H. of Commons, 13th Sept., 1780. Read and Concurred with.


By Order, THOS. BENBURY, S. C.


JNO. HAYWOOD, C. H. C.


No. CAROLINA, IN SENATE, Sept. 13th, 1780. 5


Resolved, That the Printer of this State be required & enjoined immediately to Print & Transmit by Express to the different Counties Copies of all the Acts passed this present Session of Assembly, postponing all other Business until the same shall be finished, for which an extra allowance shall in future be made. ALEX. MARTIN, S. S.


In Commons 13th Sept., 1780. Concurred with.


THOS. BENBURY, S. C.,


By order, J. HAYWOOD, Pro. C. H. C.


KADER HAROLDS PETITION.


DUPLIN, Dec. 27th, 1780.


To the Honorable the Members of the General Assembly of the State of North Carolina, &c., &c.


The Petition of Kader Harold of Duplin County, HUMBLY SHEWETH,


That your Petitioner was Drafted a Militia soldier of the aid sent to South Carolina under the Command of Maj. Gen. Caswell,


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STATE RECORDS.


and in Colo. Henry Dickson's Regmt. That your petitioner was in the action of the 16th of Augt., near Camden, where he received several wounds and was taken a prisoner on the Ground, And Remained in the British Hospital at Camden until the 14th Day of September, at which time he made his Escape and got home, and was instantly taken with the small pox, with his whole family, and had the misfortune to lose one of his Children by the Disorder. As your Petitioner is in very low Circumstance, and Entirely nnable to bear the Expence he has been at, or to provide a maintenance for his family for the approaching season, having made little or no crop, he hopes your Honble. Body will take his Case into your Consideration, And Grant him such Relief as to you may seem meet, And your petitioner, as in Duty Bound, will Ever pray, &c.


KADER HAROLD.


PETITION FROM THE INHABITANTS OF CUMBERLAND COUNTY


To the Honorable the General Assembly of the State of North Carolina.


The Petition of the freeholders and inhabitants of the County of Cumberland,


HUMBLY SHEWETH


That the village called Cross Creek, within the Liberties of Campbellton, has within a few years increased in a rapid man- ner, insomuch that there are one hundred dwelling houses and Merchants' Stores therein, and the Trade of the back settlements (before the beginning of the present wars,) almost wholly center- ing there, occasioned originally by the convenience of the Flour Mills on Cross Creek, of which there are now Three, and the best in this State ;


That the situation of Cross Creek is High, dry and healthy, and accommodated with excellent Water, & that of Campbellton, as laid ont by act of Assembly, is mostly in a low, swampy situation, & the road from Cross Creek thereto is through a level clay ground, which, from the constant intercourse of Waggons, is often rendered almost impassable for foot persons and extremely disa- greeable to horse-men ;


15-14


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STATE RECORDS.


That, as business is transacted entirely at Cross Creek, and the inhabitants of the County generally make their Markets in Term time, it is extremely difficult to enforce the attendance of witnesses and Jurors at a Mile distance, by reason of which the business of the Court is greatly retarded ;


That, to avoid all invidions disturbances for the future, and to regulate the Village of Cross Creek by a Law for that purpose, Commissioners be appointed to lay out the streets thereof with as much convenience and as little damage to the inhabitants & owners of houses & land as may be; and that for the future the said Village and Town be distinguished by the names of Upper and Lower Campbellton ;


That for several years past the County has been without a Gaol, and the Court house being at present in a very ruinous condition, that an act be passed for building a new Court House & Gaol in the upper Town, now called Cross Creek, and that the Courts be held in such Court House when built ;


That the purchasers of Lotts in Campbellton are in danger of los- ing their property for want of the necessary improvements required by act of Assembly, many persons having already seated them- selves thereon, expecting in time to hold their possessions by prescription ; and there are others who have lately purchased under the Original proprietors of Lotts, who have made consid- erable improvements, at the hazard of having their property sold for the benefit of Mr. Russell, to whom the lands formerly belonged, as no Titles have ever yet been granted for said Lotts ;


That Your Petitioners therefore Pray the Premises may be taken into consideration, and that your Petitioners may have such relief as to Equity & Justice may seem meet ; and your Petitioners, as in duty bound, shall Pray.


Robert Rowan.


William Carver.


John Matthews.


Walter Murray.


Stephen Gilmore.


Jacob Matthews.


John Dobbins.


Alexander MeDougal.


Simon McLaudon.


Donald Campbell.


Wm. Gibson. Frank Anderson.


Onesepho (?) West.


George Drangher.


John Oueler. John Armstrong.


Nathan King.


Alex. Gregory.


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STATE RECORDS.


Thomas Jones.


Joshua Jones.


Francis Mekoy.


Dan'l McGill.


Neitton Craime. (?)


John Terler.


Jno. Armstrong.


John Smith.


Archibald Smith.


Daniel Buie.


Thomas Armstrong.


John McNair.


Michael Condry.


Samnel Arnold.


Jno. Murphy.


Will'm Hodges, jun.


Phil. Hodges.


Jno. Ric'd Crump.


Simon Hadley.


Will'm Colisin. Roger MeNiell.


Will Morris.


John Wicker.


Willie Johnson.


Dan Sutherland.


William Matthews.


John Gavishı.


Henry Caster.


Jno. McDonald.


Martin Lenard.


John McKoy.


Arch. McNiell.


Daniel Thompson.


Roger Morrison.


Duncan Finlay.


Jos. Lawsons.


Thos. Cabeen.


James Gee.


Jno. Hodges.


Geo. Fletcher.


Peter Mallett.


Phillip Raiford.


Charles Campbell.


Dugald Graham.


Alex. McAlester.


Charles Stevens.


Neill McNair.


Dan'l Campbell.


James Turner.


Gilbert Buie.


Matthew Leverman.


Daniel Burnside.


John Cox.


Anthony Barns.


David Meginsafe.


James Stuart.


James Dick.


Peter Colbreath.


Williams.


Will Phillips.


Isaac Williams.


Charles Powers. James Canice.


Robt. Cochran. Alex. Graham.


John Hatson.


James Hogues.


Dan. McNeill.


Harry McNair.


Jas. Moses.


Arch. Simson. Lewis Barge. Jas. Burnside.


Arch. Beatten.


212


STATE RECORDS.


PETITION OF SAMUEL STRUDWICK.


To the General Assembly of the State of North Carolina. The petition of Samuel Strudwick,


HUMBLY SHEWETH,


That your petitioner some years ago purchased the Interest of a Certain Governor Burrington, supposed to include a large Body of Land situated in the Haw fields. The location of those lands has been much disputed, and all attempts to ascertain it, though authorized by repeated orders from the superior Court of the district, have been frustrated by the violent opposition of sundry persons who have seated themselves thereon, and since the Revolution in Gov- ernment have enter'd and patented all that were of any value, not Excepting my House and the plantation whereon I live. In giving in the List of my Taxable property I was much Embar- rassed ; to Charge myself with the Imposition on Lands others enjoyed and had, prima facie, acquired a Title to, seemed impru- dent and injurious to myself. On the other hand, if I neglected to give it in, my adversaries might construe it and it might operate as a disclaimer; I therefore chose a middle way, which was to mention in my list that I had a claim to 24,000 acres of Land, but had not one hundred acres in my possession, Upon which I thought the assessors would never subject me to a Tax for what others enjoyed and paid Taxes for to the State; But in this I found myself grievously mistaken, for they have valued me for the whole Body as highly as they have assessed the Best lands in the County, tho' it is notorious that a Third part of it had not in old times been worth paying the Quit rent for. Application was made to the Court of Orange for redress, who directed the Collector to postpone the Collection till the Assembly would signify their pleasure thereon. Your petitioner, therefore, Prays that you will take the above into your serious consideration, and Grant him such relief as you in your wisdom will think fit, and your petitioner, as in duty bound, will ever pray.


SAM. STRUDWICK.


213


STATE RECORDS.


PETITION OF CHARLES MCLEAN.


(No order on it.)


-


To the Honorable the Speaker and the Gentlemen of the Senate and house of Commons.


LINCOLN COUNTY, NORTH CAROLINA.


The petition of your faithful subject


HUMBLY SHEWETH,


That in the month of Febuary last there was a number of the In- habitants of the said County, and from other Counties, most secretly Collected Together, and, being embodied, forceably Marched off, plundering and Robing and taking prisoners as they went, Bosting themselves that they would soon be victorious after joining the King's forces. Your humble petitioner, being by Duty Bound, Raised a number of the militia for to purshua and interrupt the March of the Insurgents, but their March being so pressed could not overtake them. The people employed in pershute being disappointed in overtaking them, and Being Cautious of a Reward Due them from those treators of the said State, and finding nothing else but some of the property of the saide insurgents, Laide hold of several horses Creators and fetched them in with them ; & your humble petitioner, not knowing how to proceed for the safety of the people That was thus Concerned, I thought Best to put these Artickels to Sale, and took Bond to the governor in Name of the State. These I lay Before your Honorable Body, for your Wisdom and mercy to me, to save me from the persecu- tion of those that would, your humble petitioner, with submis- sion to your Honorable Body, would Lay Down his Commis. to and take up his musket ; and to Convince your Honerable Body that it is not any Disappointment to said State or County, there is a gentleman ready to make application for the same.


I am, your humble servant to command,


CHARLES MCLEAN.


214


STATE RECORDS.


GOV. ABNER NASH TO GENERAL ASSEMBLY OF N. C.


To the Honorable the General Assembly.


GENTLEMEN :


I thought it my duty, from intelligence rec'd last night, to order the Town Militia to assemble in aid of the small force of Conti- nental Troops now here; &, Gentlemen, it afforded me the highest satisfaction to observe with how much readiness & alacrity the members of the General Assembly took up arms for their defence. Such an example cannot fail to have the most happy effects on our fellow citizens ; and as this place is at present very defenceless, & may become an object of importance in the eye of the Enemy on account of your holding an Assembly here, I have, in order to secure yon effectually from any attempts of the Enemy, ordered into town three companies of Foot and one of Horse to serve as a Guard during your Session ; &, Gentlemen, I have been induced to be more attentive to this important object from intelligence I have rec'd, but which for the present I am not at liberty to disclose. I have the honor to lay before you a Letter from Col. Kenan, on which I wait for your advice, especially as it respects a subject I had the honour to address you on yesterday. I have only to add that the Gentleman I recommended to command your Cavalry waits with anxiety to know your determinations. If he does not meet with your approbation in the proposed project, his intention is to proceed on his Journey to Philadelphia.


A. NASH. -


JOHN WILCOX TO THE GENERAL ASSEMBLY OF N. C


To the Honourable the General Assembly now sitting, the Memorial of John Wilcox


HUMBLY SHEWETH,


That your Memorialist, at a very great expence, erected a fur- nice & forge in Chatham County for the purpose of making Iron ; that he hath supplied the army of the United States at different


215


STATE RECORDS.


times with iron to the amount of five tonns & upwards, which he hath never received any kind of satisfaction for; that some time in June last your Memorialist had the misfortune to lose his Furnice by means of a very great fresh ; that your Memorialist is entirely unable to repair his works again, unless this Hon'ble House will be good enough to make him some satisfaction for the Iron and sundry other things they have rec'd of him for the use of the publick. Your Memorialist begs leave also to inform this House that he stands in need of sundry workmen to compleat his Business, which he is obliged to bring from the Northern States, where, by the laws, they are exempt from Military duty, and refuse to come to this State, unless they can also be exempt. Therefore your Memorialist greatly hopes this Honble. House will take these things into consideration and do what to them in their great good sense seems right.


J. WILCOX.


PETITION OF CAPTAIN DE COTTINEAU.


To the Honorable Assembly of the State of North Carolina. GENTLEMEN :


About fifteen days ago Captain Cotcineau came to this Town, on purpose to represent to the Governor of this State that his frigate, now lying in Cape Look-Out Bay, was not in Security, and that she run'd the greatest risk of being insulted by the enemies of America, which look upon the French to be their owne, Becanse they assist this continent. Captain de Cottineau observed to the Governor that besides the protection he had a right to claim from this State, after the services that his cargo, which was considera- ble, should prove to the state, (as much for the private wants as for those of the army), it Became the dignity of the Government to protect a stranger from the Coast as well as in the Harbours, and to hinder the Enemies from coming in their ports to Destroy, Burn or insult the ships which ought to be in safety in the said ports and her harbour in regard to the Treaty of all the polished Nations. The Governor answered to the said Captain that his just demands requires some measures and Expences which he could not take upon himself to perform ; But as the General Assem-


216


STATE RECORDS.


bly should set in a few days, he thought that his demands could not bear the Least difficulty ; been very useful to the whole Conti- nent, specially to this State, for it is true that Cape Look-Out for- tifications could assure a retreat to all the Continental vessels as well as to a great quantity of strangers, that the one as well as the other might find a good shelter against the Winds and the Enemies, this Bay been fortified should prove of a great advan- tage to this State, being the only safe harbour from Cape Henry to Cape Fear, where strangers may go in withont danger and almost without Pilots.


Captain de Cottinean has proposed to furnish 80 men and his boats to build a fort at his own expences, and to pay a part of the state charges on that purpose, even to put some of the frigate guns upon it untill the Assembly should send some, and Monsieur Le Chevalier De Cambray, officer of artillery, who came in this country on purpose to serve under General Washington, has taken the trouble of building the said fort, and showed to his Excellency the Governor two different plans of the necessary fortification. He had besides calculated what should be the amount of the Expenses, and found it to be five thousand pounds ; but the Gov- ' ernor made always the same answers and observations, and gave Capt. De Cottineau an order for the Commander of the Militia at Beauford to give assistance in Case of attack from the enemy, as the time was precious to Capt. De Cottineau. Mr. Nash, with some more private gentlemen, made a subscription of 1,200 pounds, which was sufficient for making some small augmentations only to the fort that I had already begun for my own Security, which I judge to be enough to repulse a frigate. In consequence of these I bought several tools, and went to Beauford. Here I begun to work with my Crew only, excepting six countrymen. There- fore the fort is not done for want of good helping people.


Here is a plan of the fort, together with Cape Lookout Bay, which Monsieur De Cambray has drawned. I believe that this Honorable Assembly will easily feel the importance of this new and useful settlement, and Consequently will order the necessary improvements, so as to enable him of not fearing any of the enemies' attacks. Monsieur Le Chevalier De Cambray intends (when he'll return here) to present before this Assembly a plan of his Ideas in that respect. He is a gentleman of good character


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STATE RECORDS.


and understanding, a brave officer and of excellent good conduct, and very willing to be useful to the continent, which he has proved already by remaining about a month's time upon the place where is the fort. At his own Expences he made a voyage 'ere at Newbern, which cost him above a hundred pounds, having had the misfortune of Breaking a chair which was lended to him. This sum may be nothing for others, But proves to be very considerable to that officer who has no other property in this Country but the desire of been useful.


I must observe that I have some true notions that the Captain of the English man-of-war called the Emerald, who gave me a chase from Chesapeake Bay, together with another frigate, flatters himself of destroying my frigate in any port of this continent, and I know that he is disposed to come as soon as the weather will permit. I share with ye gentlemen the insult of such a discourse, But I can assure ye that the Emerald and her partner shall leave their Ribbs upon the Coast if they prove so bold as to attack the fort or my frigate. For those means, I expect that you'll be so kind as to allow a strong guard to the fort. Then, to the satis- faction of abating their Bravade, we shall have the pleasure of having two enemies less.


Whatever be your Designs, Gentlemen, give me leave to Represent to this Honorable Assembly that ye cannot refuse to order that a guard should be sent to the present fort with an American flag, on purpose to protect such a good harbour as Cape Lookout Bay is. I think that 50 or 60 men will be sufficient, together with 25 I could send, in case of a near attack, to stand against 250, if the Enemies was to land them there. I intend to build a watch house or a Corps de guard to give necessary notice to the Country Militia. Then I shall look upon the place to Be without any Risk, the men of war not been able to approach.


In case you should meet with some Difficulties in regard of sending proper guns to the fort, I can afford to offer 6 to this state, of 4 pounders each, which I shall Leave here. They cost to me 450 livres apiece in France, with all their furnitures. You may reimburse to me whatever you'll please. I can all the same leave two swivels with necessary Balls ; they serve now to defend the fort's Ditch.


21 8


STATE RECORDS.


I must observe that this fort, sufficient for some time, requires fifteen days' work with about 60 men to be perfectioned in its capacity, with a small expences of one thousand pounds, without Comprehending the house. Besides, Monsieur Le Chevalier De Cambray, who understands very well these matters, shall instruct you of all his performances.


As the fort is not yet finished, I cannot give an account of the present expences to the subscribers, Because there was but a few workmen of this Country, and that one pound of tobacco that I allowed per day to every one of my crew is for my own account. Therefore, I do not think that the 1200 pounds are yet over.


I beg, Gentlemen, that you would prove so kind as to protect and send this Letter to the Congress by which I ask to be Intitled by commission for Defending the Landing at Cape Lookout Bay ; and as I may be in that care from day to day, I hope you'll take all my just demands into Consideration. Be persuaded that, besides the obligations I shall be under towards this Honourable Assembly on this occasion, nobody desires more than myself success to the Continental arms, glory to the Congress and all the chiefs, happiness to all the Americans and prosperity to this State.


DE COTTINEAU DE RLOGUEN. (?)


PETITION OF HENRY HINSON.


To the Honorable the General Assembly of the State of North Carolina.


The Petition of Henry Hinson, Master of the Sloop called the Mary, at present in the Port of Roanoke within the said State,


HUMBLY SHEWETH,


That your Petitioner has lately arrived in this Country from the Island of Bermuda, which he left the twenty second day of October last, laden with the Articles of Salt, Brown Sugar, &c., ( the Particulars of which are given below, ) and that, at the Time when your Petitioner left the said Island, the Inhabitants were in great distress for want of Provisions, in consequence, in a great measure, of the Embargo which had taken place on this Conti- nent, from whence that Island has long been accustomed to draw the Principal part of its subsistance.


219


STATE RECORDS.


That the Inhabitants of that Island have been formerly greatly indebted to the humanity of America in formning exceptions in their favour, when there was a general prohibition of trade with the Dominions of the British Empire ; and your Petitioner flat- ters himself, when the necessity for so generous an interposition is now equally urgent, it will not be withheld.


Your Petitioner with great humility takes the liberty to observe that the Principal supplies this Continent has Received, in the Time of her distress, of that indispensable article, Salt, have been through the channel of Bermuda, the Inhabitants of which have, with uniform firmness, in spite of every opposition, done all in their power to effeet the useful exchange of that Article for the Provisions of this Country, so mutually advantageous to both.


Your Petitioner, in consideration of the Promises, prays permis- sion of your Honorable Body to load his said Vessel on her return with Provisions for the use of the Inhabitants of that place.


And your Petitioner shall ever pray, &c.


HENRY HINSON.


Cargo, Viz : 700 Bush. Salt. 720 Gal. Molasses. 600 lbs. Brown Sugar. 2 Hhd. Rum.


SHERIFF'S PETITION.


-


Referred to Mr. Hawkins, Mr. Montford, Mr. Tripp, Mr. Wilson, Mr. Phifer, Mr. Rowan.


STATE OF NORTH CAROLINA, LINCOLN COUNTY.


To the Honorable the House of Sinnet and to the Worshipfull the house of burgesses in assembly.




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