USA > North Carolina > The state records of North Carolina, Vol XV > Part 53
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I do hereby Certify that I Saw Arthur Graham offer to Prove this Instrement of Writing, and David Jenkins put him off by Say- ing that it was a Charge against the Committee as Well as William Moore.
JAMES JOHNSTON.
March the 30th, 1776.
I, the subscriber, do hereby Certify that as evidences that was appointed Did not appear to prove these Charges, that with the ad- vice of one of the Committee I myself had them Drawn up to prove. George Ruthledge, James Ruthledge, James Coburn, James Henderson & James Graham can prove these Charges with others
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to Greater satisfaction than they are here Recorded. One or other of these persons is acquainted with every particular of these Charges Certifyed by
ARTHUR GRAHAM.
March the 30th, 1776.
SOUTH CAROLINA.
John Dunn, Attorney-at-Law, late of Salisbury Town in North Carolina, personally appeared before me the subscriber, one of the Justices assigned to keep the peace for the district of Charles Town, and being first sworn upon the holy Evangelists of Almighty God deposeth that the accusation wherewith he stands charged by Wil- liam Kennon & Adlai Osbourn, Saml. Spencer and others of, and concerning his being inimical to American liberties, and of his holding of correspondence with Gov. Martin of North Carolina and other government officers, and acting and doing other matters and things to the prejudice of the people of North Carolina in particular and America in general is false and without foundation, and fur- ther declareth on his Oath aforesaid that he has not at any time heretofore directly or indirectly wrote any letter or letters to Gover- nor Martin or any Crown officer,or their agents or any person what- ever of or concerning the present disputes between Great Britain and the American Colonies, neither was he privy to any letters being wrote or sent by other persons on that account, neither did he ever write, dictate, or cause any petition, Remonstrance, plan or scheme either for himself or other person or persons, nor has he at any time been privy to any combination or meeting of any number of People whatever in order to oppose or frustrate the views or designs of the Americans. Neither has he at any time aided or assisted in any of the above schemes nor has he ever been solicited by any person or mode on that head. but once, which he then positively re- fused that of drawing what was called a petition and would not, and further, that he never exhibited nor read to others nor even so much as carried about him a certain paper called a protest, nor wrote or caused to be wrote any copies thereof, nor tendered such to . be signed by others, neither has he at any time set his name to any other paper Remonstrance or petition other than the paper mention-
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STATE RECORDS.
ed in the foregoing state of facts mentioned in this paper, but what- . ever his private opinion of sentiments may be with regard to those matters he has not acted at any time directly or indirectly by any act of his or other's deeds to the prejudice of the common laws.
Sworn & subscribed before me this 27th day of July, 1776.
JOHN DUNN TO HON. SAMUEL ASHE.
September 11th, 1776.
To the Honourable Samuel Ash, Esquire, President, & to the. Hon- ourable members of Council now in Salisbury assembled.
The humble remonstrance of John Dunn, Sheweth :
That on the last day of July in the year one thousand seven hun- dred and sixty five your Remonstrant in consequence of a premedi- tated scheme & combination previously entered into by William Kennon, Adlai Osbourn, Saml. Spencer & others their associates, caused your Remonstrant to be taken into Custody by a number of armed Persons who were first illegally sworn in private for that pur- pose and by force was compelled from his own house in Salisbury to the house of Matthew Lock, Esq., where he was detained many hours as prisoner, under a spurious pretext that some gentlemen from South Carolina were desirous of seeing him. That after some time a body of other armed men arrived from the Counties of Tryon and Mecklenburg, to whom your Remonstrant was delivered in custody, who conveyed him to Mecklenburg, it being pretended that the Committee of that county were desirous to examine him with re- gard to some matters which should be by them enquired into.
That notwithstanding the importunities & earnest solicitations of several gentlemen from Salisbury, members of the Committee and the Then Council of Safety, who offered themselves as security & to be bound in any sum for my appearance, and the next day the Com- mittee in Salisbury. Notwithstanding I was forced away the same night to Charlotte where we arrived the next day and having pe- . titioned to have a hearing before the Committee of that County which was likewise refused and an armed force of about sixty horse- men were ordered to convey me to Camden from thence to the Con-
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gress in South Carolina and thence to Charles Town where your Remonstrant hath been detained a prisoner for upwards of twelve months, contrary to every principle of Justice and humanity & con- trary to certain Resolves of the General Congress & in direct viola- tion of those rights and privileges which Americans contend with Great Britain for at this time.
Your Remonstrant now prays that you would in justice to himself and his family who have suffered greatly on account of this un- warrantable and arbitrary treatment enquire into the same, your Remonstrant being desirous to acquit himself of those false and groundless charges laid against him previous to any Oath being tendered to him. In order to satisfy your Honours and the world that he is not in any wise guilty of such matters as have been false- ly suggested or alleged against him by which he hopes to appear in a different light than what has been represented of him. And for a farther confirmation of his innocence your Remonstrant is ready and willing to be interrogated to answer on oath if the Honourable board thinks it necessary & your Remonstrant will ever pray.
JOHN DUNN.
September 11th, 1776.
NORTH CAROLINA, IN COUNCIL OF SAFETY, OCTOBER 25TH, 1776.
Whereas, this council are well informed that certain officers in the service of the State of South Carolina have enlisted sundry Reg- ulars of this State out of the North Carolina troops now in Georgia.
Resolved, That this Board do utterly disapprove of such measures, that it is unjustifiable and has an obvious tendency to obstruct the Regular service, and to endanger the common defence of North and South Carolina, and therefore that General Howe be and he is hereby directed to reclaim the soldiers so as above mentioned en- listed by the South Carolina officers, and he is also directed to re- move the whole of the North Carolina troops now in Georgia im- mediately to this State.
By order,
J. GLASGOW.
(A copy from the Journal.)
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STATE RECORDS.
COMMISSION OF JUSTICES OF THE PEACE, FOR THE COUNTY OF MARTIN, 11 JANUARY, 1777.
STATE OF NORTH CAROLINA.
To John Hardison, Edward Smithwick, William Slade, William Sherrod, John Lewellin, John Everit, Whitmel Hill, Thomas Wiggins, Thomas Hunter, Kenneth Mckenzie, Francis Ward, Samuel Smithwick, Samuel Williams, John Ross, John Ken- nedy, John Griffin, Nathan Mayo, Blake Baker Wiggins, Joshua Taylor, John Perry, James Moore, Thomas Beddick, Esqs., Greeting :
Know ye. That we have assigned you, and ev'ry of you, jointly and severally our Justices to keep our peace in the County of Mar- tin and to keep or cause to be kept, all Laws and Ordinances made for the Good of the Peace, and for Conservation of the Same, and to cause to come before you or any of you all offenders against any such Laws and Ordinances, and against the peace and good gov- ernment of our said State, to find Sureties for the Peace or other- wise ; and in all things to proceed according to such Statute Laws, such parts of the Common Law and Acts of the Assembly hereto- fore in use here, not destructive or of repugnant to, or inconsistent with the Freedom and Independence of this State or the United States of America, not abrogated, repealed, expired, or become ob- solete and such resolves of the Conventions and Congresses of this State which have-not had their effect or been repealed ; and also to execute or perform any such Power or Duty as any Ordinance of the State hath appointed or required. And we have assigned you or any three of you, our Justices to enquire by the oaths of good and lawful men of the County aforesaid, of all Petit Larcenies and other crimes of which our County Courts and sessions of the Peace within the State are empowered by Law, ordinance or Resolve to inquire into and to issue Process against persons indicted before you until they be apprehended and to hear, try and determine all and sin- gular the offenses of which you are hereby authorized to inquire and to punish and chastise the persons offending and every of them for their offences by corporal punishment, fines, Amercements, Forfeitures, or otherwise as ought to be done according to the Laws, Statutes, Ordinances and Resolves in force in our said State ; And
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for the better punishing the offences aforesaid ; you, or any three of you, shall hold County Courts and Sessions of the Peace in the said County on the days appointed for holding County Courts by the Act of Assembly last in force in North Carolina and to enforce all Laws relative to Orphans, Guardians, Probate of Wills and grant- ing letters Testamentary and of Administration; to take proof of Deeds and granting Commissions for taking the privy examination of Feme Coverts and Highways in such manner and under such re- strictions as County Courts and Sessions of the Peace or Justices of the Peace may and can execute and enforce the same, pursuant to an Ordinance of the late Congress for this State intitled "An Ordi- nance to enforce the Statute Laws and such parts of the Common Law and Acts of Assembly heretofore in use here." Witness: Rich- ard Caswell, Esq., Governor, Captain General and Commander in Chief in and over the said State under his hand and seal at Arms at New Bern the eleventh day of January in the year of our Lord one thousand seven hundred and seventy seven, and in the first year of our Independence.
By His Excellency's, J. GLASGOW, Sec. of the State.
R. CASWELL.
THE UNITED STATES IN ACCOUNT WITH CHAMPION TRAVIS & SAM- UEL BOUSH, ESQRS.
1776. DR. Augst. 12. To the hire of our Wagon and Team from this Date to the 12th Decr. next following at 10/ pr. Day, 123 Days. To the hire of Do. from the 12th Decr., 1776, to the 31st August, 1777, 262 Days @10/ £ 131 To hire of Do. from the 31st Augst., 1777, . to the 13th Day of April, 1778, when she was discharged as appears by Mr. Heltz- heimor's Certificate, at Angelica, 3 miles from Reading, 225 Days @16/ £ 180
£ 61-10.
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STATE RECORDS.
To Allowed for returning from Angelica to Williamsburg, 315 miles, 13 Days £ 10-8
£ 382-18
To Balln. due Travis & Boush as pr. cashed £ 221-8
1777.
CR.
Jany. 21. By Cash for Waggon Hire from the 12th Day of Aug., 1776, to the 12 Decr. inclusive @ 10/ £ 61-10
Novr. 6. By Cash paid Saml. Boush in part £ 100 Balln. due £ 221-8
£ 382-18
Feby. 7th, 1777.
Motion in Congress that the President send to every State except- ing Virginia and Massachusetts Bay recommending a fuller repre- sentation. Proposed to leave out the Exceptions, passed in the Nega- tive. Amendments Proposed that whenever any State was unrepre- sented the President should write requesting a full representation, agreed by a Majority. Motion to be reconsidered. Amendment proposed that when ever any State was represented by less than three, President should write, &c. Rejected. Question upon the whole as amended : No's 5, Ayes 4, 1 Divided. In this Debate the States fully represented insisted on the Exceptions that it might appear they had no need of a Memento. Several other States in- sisted that no State ought to be permitted to Commit a Vote in the General Council of the States to less than three. That less now than even that Number would Supply Committee Men. It was answered to the first that every State had made her representation as best suited her Circumstances ; that many were unable to spare or Sup- port one more Numerous ; that each was best Judge how many of her Citizens She would Trust and to what length She could Trust them ; that there was no need of publicly calling on them for a rep- resentation more full because they already wished the same thing
-
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but found it Inconvenient to be Effected ; that therefore those who had any representation at all had presumedly done what their Circumstances permitted and should not be called on for greater Exertions to Second that representation and the States who had few had either refused to elect more or had not re-elected ; that the Weight and Trust were Certainly too great for any one person, but it was an evil that could not at present be remedied, and therefore it must be borne ; that requiring them to form a Quorum would Embarrass several States and leave Such State often without any representation at all, because if any Accident prevented the Attend- ance of one, the Vote was Necessarily lost, and any State would prefer a Vote by one of her Delegates rather than No Vote at all.
North Carolina having only one Delegate present raised the point that the Arguments levelled at the Insufficiency of one Delegate for so Important a Trust were Sensibly felt by the Delegate who already tho' but a very few days in Congress found his Experience and abil- ities far Inferior to his Duty, but this was not the fault of his Coull- try who could not prevail on her abler men to undertake a Busi- ness so arduous and Inconvenient that she had Indeed appointed three but never Expected that they should be always in Service at Once, because the Absence was too long from their private Families and Affairs and She had no Fund to Support a greater Number ; that One who Expected to have been here was prevented by Illness, the other has Just departed and after a long attendance was per- mitted to return home ; that the Single Representation of that State was the Misfortune of the Delegate on whom all Incompetent as he is, burthen of so high a Trust had fallen and also the Misfortune of his Country, who in the Absence of his more able Colleagues could not be so well served ; that Considering it as a Matter which Each had an Exclusive right to Judge of the Delegate could not agree that Congress should at all Intefere with it; that having Just in- formed the Congress that one of the delegates had been permitted by his Country to return, and that the other delegate was prevented by illness and that only the two would be in Service. The Delegate considered the amendment relative to three as implying a Censure on his Country and he must therefore protest against it. The Intention to Censure was disclaimed.
Feby. 8th, 1777. An adjournment to Philadelphia was moved for and postponed.
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A Resolve was moved for offering 6 Pct. Interest in the Loan Office. The Debate took up the greatest part of the Day, and the determination was postponed at the request of Connecticut.
The Arguments chiefly were that money was absolutely Neces- sary for Carrying on the War ; that four per cent which was already offered could not procure it and it was therefore Necessary to Increase the Interest, that this mode was more eligible than a farther Emis- sion because it would draw out of Circulation that Superfluous quantity which Occasioned the Rise of all prices ; that the alluring monied men to embark in one Common Interest with the other or- ders of men would greatly add to the Security of our Indepen- deuce.
In answer it was argued that the Offering a higher Interest would not more certainly procure the money for those who had it to lend would find no borrower but the public and those who had not would not lend it on any Interest ; that the interest would be an aceumu- lating debt, if it could be borrowed, under which the Country must Sink ; that the States would be very unequally burthened because those who now possessed the greater part of the Money would lay other States under a heavy Tax to them under the name of Inter- est; that there were in the Country no money Lenders as every man found that every day's Occurrences presented Opportunities of laying out his money to much greater Advantage ; that however Necessary the money Might be it was Still the more Necessary to fall on Some expedient that might procure it with Certainty ; that the Increase of Interest having been tried in many States without Effect clearly proved money was not to be borrowed.
North Carolina urged that it was a clear Truth that Money was Necessary. It was equally clear that it was advisable to prevent further Emissions, and to reduce the quantity in circulation if it was possible to effect it. The delegate declared that when he of- fered his thoughts before that Illustrious Assembly he did it with the greatest Diffidence and deference that he should not trouble them with so abstruse and Intricate a Subject as the present, but that he perceived the matter had not Struck any other in the same point of View that it did him ; that he felt himself oppressed with the weight of the question, and having the misfortune Singly to have
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the Vote of one State to give, he wished to do it on Established Principles, and the clearest Conviction, he therefore begged their Indulgence and candour if he should offer objections which had been answered in some former Debates (for there had been many on that Subject) which he had not the good fortune to hear.
He urged that he had not been able to derive any Satisfactory Information from the Debate; that the money could be had by way of Loan on any Interest, or that money raised by way of Loan would not be a further Emission in Effect ; that he perceived there- fore few or no money lenders in the Country ; that Farmers and Gentlemen speculated, and reserved their money for purchases and Merchants always relyed on employing (unfinished).
(The above is a summary of a debate sent by Dr. Burke, delegate in Congress, to Gov. Caswell. ED.)
SAML. McKENSIE TO DOCTOR THOMAS BURKE.
BALTIMORE, April 5th, 1777.
DR. SIR :
I wrote to you a few days ago by yr. boy but had it not in my power to send him by the conveyance, I expected as some of the passen- gers had not the Small pox. I hope to be able to send him this morning.
We have nothing but confusion in this place. They have settled the Rank of Officers in such a manner that most of them have resign'd, I mean such of them as are worth retaining in the Service. I sincerely wish some method was fallen on to redress this Greivance.
I have had a great deal of Trouble in procuring Medecines for the Hospitals but have succeeded beyond my expectations. In my Absence Mr. Griffith did not supply the people with proper neces- sarys. He drew upon me for what Cash I could spare and after- wards quit Acting without giving me any Reason or settleing his accounts. I have appointed Mr. Vashon of this Town to help me as Quartermaster for the Hospitals. I'm convine'd he'll do his duty.
A Major Daves who arriv'd here a few days ago has ordered his men to March from the Hospls. without my orders or a Proper
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Discharge. If any thing should happen to the men he's to be accountable. I shall send you an account of all that has been transacted in my Department in a few days.
I am Sr. yr. Hble. Servt., SAML. MCKENSIE.
COL. ALEX. MARTIN TO COLO. SUMNER.
11 Apl., 1777.
DR. COLO. :
There are 4 Horses strayd from our Waggons at philips Ordinary towards Dumfries. Please to order Sharp & Malone when they return meeting their Horses that way to bring them up.
Yours, ALEX. MARTIN.
COL. A. MARTIN TO COL. SUMNER.
To COLO. SUMNER :
The money when it arrives please to leave your Draught with Mr. Thomas for 3 & 5th Battalions who will do the paymasters duty to them. I have nothing further to add but submit every other Matter to your prudence.
Please to send me one of Capt. Fifer's Light Horse to attend me to Alexandria who has had the Small pox. I have wrote him al- ready & am waiting with the utmost Impatience. Those who were with me have lost their Horses viz. Sharp & Malone of Dicksons.
A. M.
HALIFAX, Apl. ye 14th, 1777.
Agreeable to Orders the Officers of ye 3rd Regiment of No. Caro- lina Continental Troops met at Mr. William Martin's in Order to Settle the Rank of said Regts.
The Several Officers being Calld. on to Ascertain the Number of
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Men enlisted by them agreeable to a resolve of Congress Held at Halifax, Apl. ye 2d, 1776, it Appeared to us that Jacob Turner is entitled to the first Captaincy, Pinkr. Eaton 2d Do., James Emmits 3rd Do., William Barrett 4th do., Thomr. Granbury 5th, Wm. Brinkley 6 Do., John Gray 7th Do., and Daniel Jones 8th Do., which was Agreed to and Signd. by Each of them in Presents of Wm. Linton, John Granbury, Jas. Turner, Pinkr., Eaton,
James Emmet, N. Edmunds, Thos. Granbury, Christs. Lackey, Joseph Clinch, Daniel Jones.
The Officers then proceeded to recommend such Persons as they thought proper to fill the vacancies of Said Regt. and place them in the Several Comps. Accord. to their rank.
Jacob Turner, 1st Capt. 1 Pinkr. Eaton, 2d Capt. Kador Ballard, Ist Lieut. Jos. Clinch, 1st Lieut. William Linston 2d Do. John Clendinen, Ensign.
Jos. Montfort, 2 Do. Antony Hart, Ensign.
James Emmet, 3rd Capt.
Math. Wood, 1st Lieut.
Etheldrig Dance, 2nd Do.
Charles Coleman, Ensign.
Daniel Jones, 6th Capt. John Granbury, 1st Lieut. William Rushworm, 2nd Do. Reubin Yarborough, Ensign.
Thomr. Granbury, 4th Capt. John Medires, 1st Lieut. John Morphes, 2 Do. Jethro Benton, Ensign.
Ì
James Bradley, 7th Capt. Christopher Lackey, 1st Lieut. Henry Vincents, 2d Do. Charles ONeal, Ensign.
William Brinkley, 5th Capt. Geo. Bradley, 1st Lieut.
William Faun, 2 Do.
Jonathan Butts, Ensign.
Nickolas Edmunds, 8th Capt. Edward Yarborough, 1st Lieut. John Tillory. 2d Do. Mathew Goodrich, Ensign.
Whitfield Wilson is recommended as Quarter Master in the room of John Tillory. Signed and Agreed to by
Jacob Turner, Pinkr. Eaton, James Emmet,
Thos. Granbury, Daniel Jones,
Jas. Bradley,
Nicholas Edmunds, Jos. John Clinch, Math. Wood,
G. Bradley, John Granbury, Christ. Lackey,
Edward Yarborough, Jos. Montfort, Wm. Linton,
E. Dance, John Morphes,
Jno. Tillory.
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STATE RECORDS.
COL. ALEX. MARTIN TO COLONELS SUMNER & POLK OF THE NORTH CAROLINA TROOPS.
PETERSBURG, April 28th, 1777.
GENTLEMEN :
If you should want Provisions or Money Mr. Call, in Behalf of the Continental paymaster & Commissary General, will furnish you with either, you drawing Bills, for that purpose. I knew not what Sums you should think necessary otherwise I would have drawn for you ; but not more than one Month's pay for your Men I recom- mend to you to draw. Please to hurry after me with all Expedition. I shall wait for you at Fredericksburg or Dumfries.
I am Gentlemen, Your most humble Servant.
ALEX. MARTIN.
Cols. Sumner & Polk, Petersburg.
HENRY B. LIVINGSTON TO COLONEL RAMSEY.
HEAD QUARTERS PHILADELPHIA, May 7th, 1777.
SIR :
The Continental Troops raised in the State of North Carolina are supposed to be on their March to Join the army in Jersey. In Conformity to the direction of a Resolve of Congress of yesterday's date (of which the enclosed is a Copy) you will with the greatest Expedition proceed towards that State, and hasten the Troops on their March from thence to the places at which they are directed to halt by said resolve, to be inoculated where you will direct such as have not had the Small Pox to remain for inoculation, the others to be expedited to the Army in Jersey.
I am Sir Your Very Humble Servant, By order M. Genl. Schuyler, HENRY B. LIVINGSTON.
To Colonel Ramsey.
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COL. ALEX. MARTIN, 2 N. C. BATT'A., TO GEN. WASHINGTON, MAY 16, 1777.
["Letters to Washington" Book 15, P. 212.]
ALEXANDRIA, May 16th, 1777.
MAY IT PLEASE YOUR EXCELLENCY :
Five days ago I arrived at this place with the first Division of the North Carolina Troops, and expect two more will arrive to- morrow, and am sorry that we are compelled to halt for some time to undergo Inoculation for the Small Pox before we can join you. The marching and countermarching of the N. Carolina Troops last Winter and this Spring to and from Charleston, has much retarded our Northern Duty and prevented our being much earlier at your Head Quarters.
I cannot at present transmit to your Excellency a full and proper State of our Troops by the late unexpected Death of General Moore, who was to have marched with me, whose papers are not in my possession ; and can only inform you that the nine N. Carolina Battalions consisted of about 4,500 officers and men when they marched from Halifax in that State. Gen. Nash in a short Time will follow us, who first is to regulate the recruiting service there agreeable to the Instructions of Congress.
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