The colonial records of North Carolina

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OF PITTSBURGH

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THE

COLONIAL RECORDS

(_)!■■

NORTH CAROLINA, (CoU..;j

PUBLISHED UNDER THE SUPERVISION OF THE TRUS-
TEES OF THE PUBLIC LIBRARIES, BY ORDER
OF THE GENERAL ASSEMBLY.

COLLECTED AXD EDITED
BY

WILLIAM L. SAUNDERS,

SECRETARY OF STATE.

VOL. X— 177S-I776.

RALEIGH:

JosEPiius Daniels. Printer to the State.

1:!90.

Copyright, 1886, by William L. Saunders, Secretary of State,
for the benefit of the State of North Carolina.

« cc c c

PRESSES OF EDWAEDS & BHOUGHTON,
RALEIGH, N. C.

PREFATORY NOTES TO TENTH VOLUME.

In less than a week after the Mecklenburg Declaration, the King's
Governor in North Carolina had fled from iier capital to the guns of
a man-of-war; in thirty days from that date a meeting of delegates
from the counties in the Cape Fear section was held and an associa-
tion formed, in which the delegates declaring their selves "justified
before God and man in resisting force by force," bound them-
selves by every tie of religion and honor to stand ready whenever
the Continental or Provincial councils should deem it necessary, to
go forth and, if need be, to sacrifice their lives and fortunes to secure
their country's freedom and safety; in fifty days a public call was
made for the election of delegates to a new Congress to be held at
Hillsborough, and as affairs of the last importance would be sub-
mitted to it, a large representation of the people was said to be
desirable; in sixty days Governor Martin having stopped at Fort
Johnston, opposite to which the Cruizer was then lying, Colonel
John Ashe at the head of a large body of armed men drove him
aboard the Cruizer, dismantled the fort and carried away the guns;
in ninety daj's from the Declaration, in spite of a furious proclama-
tion from Governor Martin, issued from the deck of the (yuizer, for-
bidding the people to elect members to the new Congress, and
otfei'ing an ample reward for the arrest and delivery to him of the
leaders in sedition, as tlie assembling of that body, he said, would
bring the affairs of the province to a crisis, elections were openly
held throughout tlie entire province, delegates were duly chosen,
and the Congress met in open session at the time and place
appointed. Everybody understood what was the nature of the
affairs to be submitted to the Congress, and appreciated their vital
importance, and, as desired, an unprecedented ly large number of
delegates was elected to consider them. Two hundred and fourteen
delegates were elected in all, one hundred and eighty-four of whom

IV PREFATORY NOTES.

were present. Every one of the thirty-five counties, into whicli the
province was then divided, was represented, and every borough town
without a single exception. The Congress was in session just twenty
days, and was busy enough. Within fortj^-eight hours after their
organization a "test," solemnly binding the members under the
sanction of virtue, honest}' and the sacred love of liberty and country,
to maintain and support all and every the acts, resolutions and reg-
ulations of the Continental and Provincial Congresses, was reported
and adopted; and • f the one hundred and eighty-four members
present, just one hundred and eighty-four signed it. On the fourth
day of the session it was agreed to meet North Carolina's share of
the expenses of the Continental Government, and a committee was
appointed to re2:)ort a plan of provincial government, rendered nec-
essary, it was said, by reason of " the absence" of Governor Martin.
On the fifth day Martin's proclamation forbidding the Congress to
meet, was ordered to "be burned by the common hangman." On that
day also a census was ordered to be taken and reported before the
1st November. On the eleventh day it was resolved that tlie
colony be immediate!}' put in a state of defense, and that one thou-
sand regular troops be raised forthwith for the Continental Line. On
the seventeenth day an issue of $125,000 in provincial currency was
ordered. On tlie twentieth day, looking forward to a long war with
blockaded ports, liberal bounties were offered for the production at
home, not merely of munitions of war, but of articles necessary tor
everj'-day home life.

By way of putting the colony in a state of defense, six battalions
of minute inen, one for eac'.i district, each battalion to consist of ten
companies of fifty men each, were raised, in addition to whicli the
militia was at once re-organized and put on a war footing as far as
possible. The troops for the continental line consisted of two regi-
ments of regulars of five hundred men each.

The currency, issued no longer in pounds, but in dollars, it will
be noticed, was to be of various denominations, ranging from a
quarter of a dulhir to ten dollars, and for its redemption a tax of

PREFATORY NOTES

two shillings on every taxable per nnnum for nine years, unless
the issue should be redeemed in less time, indicating that the popu-
lation at that time was estimated to be somewhere about three hun-
dred thousand souls.

How far the Congress went in the way of stimulating home pro-
ductions can be seen from the following list of the bounties they
offered :

For every one hundred weight of saltpetre £ 25

For first five hundred weight of gunpowder "200

For first rolling and slitting mill for preparing iron to make

nails 250

For first fifty pairs of cotton cards 50

For first one hundred pairs woollen cards 50

For first 25 dozen pins - 50

For first 25,000 needles 50

For first steel furnace 100

For first paper mill 250

For first 25 yards best linen 50

For first best woollen cloth 100

For first salt works on the seashore 750

For first furnace for pig iron and hollow iron — • 500

Whatever may have been the case with the Regulators, the Hills-
borough Congress was certainly not content with merely tearing
down an old government, but resolutely and at once proceeded to
build up a new one. Indeed, it may be said almost that a new gov-
ernment had for twelve months past been building itself up. Every
county almost had its Safety Committee, and nothing needed to be
done, practically, but to provide supervising tribunals. This was
done by creating a Committee of Safety of thirteen members for
each district, and a central one for the province, called the " Provin-
cial Council," clothed with ample powers. In its action in this regard,
the Congress evidently had in mind the action of the British Par-
liament in supplanting King James with the Prince of Orange. The
Parliament, in order to make a vacancy for William to fill, declared

VI TREFATORY NOTES.

that James had "abdicated" the throne, when, in truth, there was
nothing further from his intention than that. The Congress at Hills-
borough said there was a "silence of the legislative powers of the
government," and ascribed it " to his excellency the Governor
refusing to exercise the functions of his office by leaving the Prov-
ince and retiring on board a man-of-war, without any threats or
violence to compel him to such a measure." The impudence of this
is simply sublime. Governor Martin was at the time actually in the
province. He had left NewBern, the seat of government, under cir-
cumstances that, to say the least, made his departure expedient.
The "horrid r&solves" of Mecklenburg had been published to the
world. He had been denounced as an inciter of slaves to rebellion
against their masters, as an enemy of America in general, and of
North Carolina' in particular, and, indeed, almost as hostis Itumani
generis. Colonel Ashe, with a regiment of Cape Fear men at his
back, had forced him to go aboard the Cruizer ; and finally his proc-
lamation, denouncing both the election of the delegates and the meet-
ing of the Congress, had, by order of the Congress, been burned by
the common hangman. And this is what the Congress called refusing
to exercise the functions of his office and leaving the province ! A
".silence of the legislative powers" of government being thus ascer-
tained, tlie Congress proceeded to break it with clank of sabres,
with the rattle of musketry and the roar of cannon, witli horse, foot
and dragoons, and for seven years they kept up the racket. To say
nothing of its unblushing untruth, nothing can equal the impu-
dence of this i^erformance, perhaps it would be more becoming to
say the grim humor of it, save to shower a man with cologne, and
then to hang him for smelling sweet!

In spite of all these tilings, however, Mr. Bancroft, in some of
the earlier editions of his History, said the most remarkable subject
brought before the Convention was Franklin's plan of a confed-
eracj', and that "the moderating prudence of Johnston" interposed
just as it was about to be adopted, and persuaded North Carolina
to "forego the honor of being the first to declare for a permanent

PREFATORY NOTES. vii

Federal union," a paragraph that, with its implied reflection, it is
gratifying to know he became unwilling to stand by, and omitted
in his final edition. It is very true that Franklin's plan of gen-
eral confederation, sent down by the Congress at Philadelphia
for the consideration of that at Hillsborough, in order that instruc-
tions might be given the North Carolina delegates in the next
Continental Congress, was rejected. This plan, however, as was
expressly stated when it was presented, was sent down from Philadel-
phia, not as having any endorsement from the Continental Congress,
or from the North Carolina delegates in tliat body, but merely for
consideration at Hillsborough on its merits solely. After due reflec-
tion, each member having been provided with a copy of it, the plan
was formally declared to be "not at present eligible," and not only
that, but the delegates to Philadelphia instructed not to consent
to any plan of confederation which might be offered in the next
Congress, before the same had been approved by the Provincial
Congress. Many considerations, doubtless, influenced the Congress
in coming to the conclusion that Franklin's plan of confederation
was not "eligible," sufficient, if not chief among them, for a people
of the jealous habit of North Carolina, being the fact that under its
operation the balance of power would rest unqualifiedly in the
Northern colonies, at whose mercy North Carolina would be, if she
was a member of such a confederation, as can be seen by reference
to the seventh article of the proposed plan, an objection to which
Governor Martin expressly refers in one of his dispatches. It seems
to have been equally unsatisfactory to the colonies generallj^, for no
single one of them ever endorsed it, and indeed no serious effort
was ever made to have it adopted. What was the controlling-
reason for tlie rejection of the plan does not appear from our records,
but it is by no means surprising tliat it was rejected, for, as we now
well know, it was the fixed haVjit of our ancestors to scrutinize
with very jealous eye any new form of government before putting
themselves at its mercy, a habit that doubtless suggested to the
Congress the propriety of putting a limitation upon their delegates

VIII PREFATORY NOTES.

in that regard, and this they did by taking from them the power
to bind the province by any form of confederation before approved
by themselves, a power they persistently kept in their own hands.

But these were not the only things worthy of note that were done
at the Hillsborough Congress. For example : On the very first day
of its session the Congress adopted, with some parade, a resolution
declaring that the Regulators, "and every one of them," ought to be
prptected from every attempt to punish them by any means what-
soever, and that the Congress would to their utmost protect them
from anj^ punishment because of the late insurrection, or anything
in consequence thereof The Congress then appointed Maurice
Moore, Richai'd Caswell and the Rev. Mr. Patillo and others a com-
mittee to confer with all persons who had religious or political
scruples in the premises and to induce them to unite heartily with
Congress for the maintenance of the constitutional privileges of
America. But what a vast amount of assurance it must have
required for Maurice Moore and Caswell and Patillo to attempt to
IDersuade the Regulators that the oaths they had been forced to take
at the point of the bayonet after the battle of Alamance were not
binding on their consciences ! Patillo was one of the Presbyterian
divines who, in 1768, united in a pastoral letter to the people of
their faith denouncing the Regulators as criminals. Caswell's bay-
onets had forced the oaths down their throats, and Moore had
declared twelve of the Regulators, when on trial before him for
being in the battle, to be guilty of treason, and had sentenced them
to be hung, and six of them were hung. But for downright assur-
ance perhaps the proceedings of that same Congress in urging Gov-
ernor Martin's absence as a justification in setting up a rebel gov-
ernment was its equal.

The die was now cast, and North Carolina at last a self-govern-
ing commonwealth, whose rights and liberties and privileges her
I^eople were ready to defend with their fortunes and their lives, and
all this by the most deliberate, well-considered action on tlie part
of that same people, after a campaign of forty days, in which dele-

PREFATORY NOTES. ix

gates, in numbers without a parallel then or since, were elected,
nobody being taken by surprise, but everybody knowing that the
Assembly of the men thus elected would bring matters to a crisis.
And this was done full eight months before the Continental Con-
gress advised the colonies to change the form of their governments.
It is worthy of note, too, that both New Hampshire and Massachu-
setts, following the example of North Carolina, justified the changes
the}' made at subsequent periods by reason of the flight of their
Governors. The more the action of this great Hillsborough Con-
gress is studied, and the events immediately preceding, the more
wonderful seems the deliberate, well-considered, resolute boldness
of our ancestors.-

But it is not wise to look at events from our own standpoint alone.
Let us see, then, how affairs in North Carolina looked to Royal Gov-
ernor Martin, as may easily be done, by glancing at his proclama-
tions and dispatches. The outlook was by no means pleasant.
Without a man or a gun for attack or defense, he early found himself
obliged to send his wife and children to the more loyal clime of New
York, and betake his own person aboard a British ship, first a fugitive
and then a prisoner, charged with inciting to rebellion the slaves of
the East, while his master, the King, was seeking to bring down upon
the people the savages of the West, found himself declared an
enemy of the province in particular, and of America in general, for-
bidden communication with the people and actually cut off from
all communication with them by the committees, who stopped and
examined his correspondence, and who, by their spies and emissaries,
kept strict and vigilant watch upon every avenue of communication
leading toward him, and, searched, abused and stripped of every
paper every one seeking to see him, and who suppressed his proc-
lamations, not suffering them to be published or circulated. He saw
congresses, conventions and committees constantly usurping kingly
authority, and everywhere supreme and omnipotent, and lawful gov-
ernment everywhere completely annihilated. He saw, too, the people
everywhere banding together in associations and binding themselves

PREFATORY NOTES.

under the most solemn and sacred obligations to go forth at the call
of continental or provincial authorities, ready to sacrifice their lives
and their fortunes in obedience to their edicts; gross invasions and
usurpations of the King's lawful prerogative, by the aijpointment of
military officers; the propagation of the most scandalous and mon-
strous falsehoods about the best of Kings, whose virtues, by univer-
sal acknowledgment irradiated, with unexampled lustre, his imperial
diadem ; a letter signed William Hooper, Joseph Hewes and Richard
Caswell, the preposterous enormity of which could not be adequately
described or abhorred, he said, the genuine source of foul streams of
sedition ; the most infamous resolves of a set of people styling them-
selves a Committee for the Countj^ of Mecklenburg, most traitorously
declaring the entire dissolution of the laws, government and constitu-
tion, and setting up a system of rule and regulation repugnant to the
laws and subversive of the King's Government; the treasonable
proceedings of an infamous committee at NewBern, at the head of a
body of armed men, in seizing and carrying off six pieces of cannon
belonging to the King ; the overt act of high treason of Colonel
John Ashe, and other evil-minded conspirators, who wantonly, in
the dead hour of night, set on fire and reduced to ashes all that was
combustible in the King's fort, and who, on the next day, returned
and burned everything in and around the fort that had escaped the
flames the night before; worse than all, the proposition for the
Hillsborough Congress, subversive of the whole Constitution, a most
daring attempt to stir up unnatural rebellion in the province, and
that would bring matters to a crisis; and, worse than all, he saw
that Congress actually assemble in the broad, open day-time, and
proceed to work in such an extravagant spirit as to bring about all
the evil consequences apprehended from it. And sadder still, per-
haps, to see, he saw that, in the face of all these enormities, although
some were dissatisfied about the distribution of power and command
under tlieir new government, the people generally were united on
points of opposition to Britain !

PREFATORY NOTES. xi

The new Government, with ample powers and a full complement
of officers, thus sprung full-grown as it were into being, moved
along steadily and did its appointed work regularly. Under its
direction the orders given for raising troops were executed with
such dispatch that in less than sixty days after the adjournment of
the Congress Colonel Howe, with the first Regiment of Regulars,
was near Norfolk, in Virginia, defending that State against the
British under Lord Dunmore. How well our brethren over the
Northern line appreciated his services w ill appear from the follow-
ing resolution, unanimously adopted on 22d December, 1775, by the
Virginia Convention then in session at Williamsburgh, to-wit:

"Resolved unanimously. That the thanks of this convention are
justly due to the brave officers, gentlemen volunteers and soldiers
of North Carolina, as well as our brethren of that province in gen-
eral, for their prompt and generous aid in defence of our common
rights against the enemies of America and of the British Constitu-
tion; and that the president be desired to transmit a copy of this
resolution to Colonel Howe."

Nor was this all. At the same time that we were taking care of
ourselves and sending a regiment of Regulars to help the Virgin-
ians, we sent 700 militia under Colonels Polk and Rutherford, and
220 Regulars under Colonel INIartin to South Carolina, to put down
a rising of Tories there, that was too strong for our Southern neigh-
bors to manage by themselves. It will be seen from the above that
North Carolina was the first to send troops beyond her borders for
the common defense against the British, just as twenty years before
she had been the first to send them beyond her own borders for the
common defense against the French and Indians. And by a singu-
lar coincidence, in both instances she sent troops to Virginia. All
this was six months before the Philadelphia Declaration of Inde-
pendence. "\^erily the Hillsborough Congress had done its work
well. The Continental Congress evidently thought so, for John
Penn, one of our delegates there, wrote to General Thomas Person,
under date of 14th FeT)ruary, 177G, saying: "I have the pleasure to

XII PREFATORY NOTES.

assure you that our Province stands high in the opinion of Congress.
The readiness with which you marched to ^'irginia and South Caro-
lina hath done you great credit."

In the fall of the year 1775 a vigorous campaign against the Car-
olinas was determined upon in England, in deference to the oft
repeated and urgent solicitations of the Royal Governors in these
provinces. The brunt of it of course fell upon North Carolina, as
perhaps was natural, in consequence of Governor Martin's assurances
that a large number of people in the province, especially the Scotch
and Regulators were ready to take up arms in behalf of the King.
The Scotch on the upper Cape Fear w^ere especially cultivated to
that end by emissaries of the Crown, some of them officers of the
British army, who had for months been among them for that pur-
porse, under the pretext of visiting their friends and kindred. The
programme as to North Carolina was that Sir Henry Clinton with a
British fleet and seven regiments of Irish Regulars were to be at
the mouth of the Cape Fear at the opening of the year 1776, and
there to form a junction witli the large body of Scotchmen and other
disaffected persons in the interior, who, according to Governor Mar-
tin, were impatiently waiting to enlist under the old flag. In fur-
therance of his part of the plan, on the 10th -January, 1776, Gov-
ernor Martin issued orders for the erection of the King's standard,
which "Brigadier General Donald McDonald, of his Majesty's forces
for the time being in North Carolina," proceeded to do at once. The
plan was a well digested and formidable one for the subjugation of
North Carolina. Its defect was that it made no calculation upon
such resistance as it encountered from our new government. By
the time, however, General McDonald with his Tories was ready to
take up his march down the river to join General Clinton and his
Irish regiments. Colonel James Moore of the Second Regiment of
Regulars, then at \\'ilmington, appeared at Cross Creek and began
to concentrate troops in McDonald's front. A very brilliant cam-
paign under Colonel Moore, of near a month's duration, ensued, that
culminated in the battle of INIoore's Creek on the 27th February,

PREFATORY NOTES. xiii

1770. The troops that took part in the campaign were drawn from
above Greensboro to the westward, and from below NewBern to the
east, points some two hundred miles apart. There were mounted
men, infantr}' and artillery engaged in the campaign. The first
order issued bore date the 3rd February, and the campaign closed
victoriously' on the 27th. The immediate field of operations was from
Fayetteville to Moore's Creek bridge, some sixty miles up and down
the Cape Fear. Our troops actually engaged in the battle numbered
about 1,000 men. The enemy were variously reported to be from
1,500 to 3,000 in number. " Fifteen hundred rifles, all of them excel-
lent i^ieces, 350 guns and shot bags, 150 swords and dirks, two med-
icine chests immediately from England, one valued at £300 sterling,
thirteen sets of wagons with complete sets of horses, a box of Johannes
and English guineas, amounting to £15,000 sterling, and 850 com-
mon soldiers, were among the trophies of the field." Bancroft SEys
that " in less than a fortnight more than 9,400 men of North Caro-
lina rose against the enemy, and the coming of Clinton inspired no
terror; that North Carolina had men enough of her own to crush the
insurrection and guard against invasion ; and that as they marched
over their piney forests they were persuaded that in their own woods
they could win an easy victory over the British Regulars, and that
the people spoke more and more of independence; and the Provin-
cial Congress at its iuipending session was expected to give an
authoritative form of the prevailing des res."

It seems scarcely probable at first glance that North Carolina could
have put so large a number of men so quickly into the field in that
day, and naturally enough, Mr. Bancroft, in his last edition, modi-
fies the statement made in former editions by saying it was " rumored '
that 9,400 was the number. But while tliis is, doubtless, an over-
estimate, it is perhaps not as much so as at first glance it might
seem. At least, the figures given in I he letter of Colonel Purviance
of 24th Febiuary would indicate that somewhere near 6,000 men
were actually on duty at various points, in consequence of the
attempted junction between General Clinton and the Highlanders.

XIV PREFATORY NOTES.

For this great victory the Provincial Council, then in session, with
Cornelius Harnett at its head, on the 4th March, that is to say on
the Monday after the fight at Moore's Creek, formally gave thanks
as follows:

Resolved, That the thanks of this Council be given to Col" James
Moore and all the Brave Officers and Soldiers of every denomina-
tion for their late very important services rendered their Country in
effectually suppressing the late daring and dangerous insurrection
of the Highlanders and Regulators, and that this Resolve be pub-
lislied in the North Carolina Gazette.

And all this was done in a C'luntry without a railroad, without a
steamboat, without a telegraph, even without mails, and that, too,
with as little excitement and confusion, and with as much prompt-
ness and ease as if war had been our normal condition. There was
not a liitch or a break in any combination or arrangement that was
made, but everything went like clock-work. It is wonderful to
think of, scarcely credible to us of the present day, who have seen
something of war and tlie difficulties in the way of succfssful com-
bination, even with modern facilities and under the most favorable
circumstances. And all this was done full four months before tlie
Philadelpliia Declaration. Is not the testimony it bears conclu-
sive as to the efficiency ( f the new experiment of .self-government
in North < arolina? Not a man, or a gun, or a dollar beyond her
liorders came to lior help.

In the Summer of 177(), the Cherokee Indians agreed with the
IJritisli, that upon the appearance of Sir Peter Parker and his fleet
off the Carolina coast, they would fall upon the people on tlie frontiers
of \'irginia and the two Carolinas, while Sir Peter Parker and his fleet
were to make an attac'k, or at least a demonstration, from the coa^t.
True to tlieir engagements tlie Indians, liaving lieard that the
British Heet had arrived off <']iar'eston, poured down upon the
frontier of Scjuth Carolina and massacred every one who fell in
their power, without di.st nction of age or sex. The gallant defense
of Sullivan's Island, and the repulse of Sir Peter Parker in the

PREFATORY NOTES. xv

harb u' of Charleston, prevented further outrages and frustrated for
the time, the further execution of the plan agreed upon. It might, how-
ever, be put into execution at any time unless the power of the Chero-
kees was at once effectually broken, and to this end, expeditions were
simultaneously sent into the Cherokee country from both the Caro-
linas and from Virginia. South Carolina sent some 1,150 men under
Colonel AVilliamson; Virginia sent some 1,500 men under Colonel
Christian; while North Carolina sent 2,800 men under General
Rutherford, besides some three or four hundred under Colonel Wil-
liams who united with the forces under Colonel Christian, so that
North Carolina sent more men than both the other States put
together. The Indians ded before them; all their towns, howevrr,
were burned and their cattle killed and all their gi-owing crops
destroyed, so that nothing was left either for food or for habitation.
The power of the nation was forever broken, and the Cherokees
were soon glad to make peace on any terms.

In April, ! 775, the British Parliament, in order to punish the
colonies for the " disorders that prevailed " in them, passed an act
cutting off their trade and commerce with Great Britain and the West
Indies, as tiiey said it was " highly unfit that they should enjoy the
same privileges and advantages of trade that his Majesty's faithful and
obedient subjects enjoyed." This act, which was to take effect on the
■20th July, 1775, was directed by name against each one of the colo-
nies save New York, Georgia and North Carolina, a circumstance that,
unexplained, may, i;erhap.s, cause some misapprehension, as to North
Carolina, at least. The exclusion of North Carolina from the act of
Parliament was a-s great a surprise within her own borders as else-
where, and was resented here as an insult and a gross indignity. The
Committee at Wilmington, on the '20th July, the day the act was to
go intd ciperation, furnially and unanimously resolved that the excep-
tion of tiiis colony f>ut ol the said act was a base and mean artifice
to seduce tiiem into a desertion of tiie common cause of America,
and t lat Xnrtli Carolina, refusing to accept advantages so insidiously
thrown out, would continue to adhere strictly to tlie plans of the

XVI PREFATORY NOTES.

Continental Congress, and thus keep up a perfect unanimity with
her sister colonies.

As to the way our exclusion canie to be made, we know more than
our ancestors, and the facts seem to be about as follows : The Assem-
bly had sent to Messrs. Elmsly and Barker, our agents in London,
a petition for presentation to the King, through the usual channels,
which they said contained, among other things, " indirect reflec-
tions on the Parliament, or tlie ministry, at least," and so the
agents, in the place of the petition, substituted " a memorial in more
decent terms," and the result was, that when the Restraining Bill was
introduced a few days later it did not include North Carolina. Mr.
Elmsly, in a letter to tSamuel .Johnston, under date of 7th April,
1775, giving an account of the matter, says: "Whether you will
thank us lor this distinction or not, whether it will not be considered
opprobrious instead of honorable, whether Mr. Barker and myself
will be censured or not, as having been, in all probability, instru-
mental in bringing it about, I do not pretend to say. But in our
defence, or rather in mine, for it was with much reluctance he con-
sented to sup])ress the petition, you will take notice that when your
memorial was presented we had no idea that such restraining bill
was intended ; on the other hand, should tlii.s exemption be received
favorably, give us no credit for it : for had it not been fur a tender-
ness we had for the reputation of your Assembly, as having been
long members of it, your petition, exceptionable as it is, should
have been presented. * * * * But on account of both put
together, it was agreed to sup[>ress it and to sulistitute a memorial
in its room, and keep the whole a secret, and I am not sure Mr.
Barker would not be dissatisfied if he knew that this matter had
been conununicated even to you, therefore, I pray, say nothing
about it."

During the first months of the year 17T() the Continental Con-
gress was almost at a standstill, unwilling, indeed, to recede, yet
seemingly reluctant to go forward and take the final plunge. Talk
ab )ut liberty and freedom was plenty enough, but when it came to

PREFATORY NOTES. xvii

tlie irrevocaijlo act of .■reparation and the measures necessary to
accomplish it, the Continental Congress, very naturally, jaerhaps,
dallied and dawdled and hesitated. Delegates, too, dilFereu^or they
said they differed, as to the ne.xt stej), some declaring that a declara-
tion of independence ought to come first, others that foreign alli-
ances ought first to be made. The advocate^; of the latter course
said that while it was easy enough to declare independence, it would
be verj'- difficult, if not impossible, to accomplish it by their own
unaided efforts. The question of forming foreign alliances therefore
became a burning one ; to make them was palpable treason ; not to
make them was failure. The next step unquestioiiably would put
in jeopardy certainly their lortunes and possibly tlieir "sacred "' lives
as well. At this juncture the matter was brouglit to the attention
of the people in North Carolina.

On the 14l]i of February, Mr. Penn, one of the delegates to the
Continental Congress, wrote to Tliomas Person, a member of tlie
Provincial Council, saying; '■ Matters are drawing to a, crisis. Tliey
seem determined to persevere, and are forming alliances against us.
Mu^t we not do something of the like nature? Can we hope to
carry on a war without luning trade or commerce somewherf? Can
we ever pay any taxes without it ? Will our paper money depreciate
if we go on emitting? These are serious things, and require y(jur
consideration. The consequence of making alliances is, periuips, a
total separation witii Britain, and witliout something of that .sort we
may not be able to procure what is necessary for oui defense. * * *
If 3'ou find it necessary that tlie convention sliould meet sooner than
May, let us know of it, as 1 wi.'^h t;) return at that time."'

On the od of March the Provincial Council, Tliomas Person being
one of i:s members, ordered the next session of Congress to be held
at Halifax on liie "id April. ()n Thursday, the 4th, the provin-
cial delegates met. On the evening of Sunday, 7tli April, the
Philadelphia delegates reached Halifax. On Monday, the Sth,
Messrs. Cornelius Harnett, Allen .Jones, Thomas Burke, Abner Na,sli,

•John Kinchen, Thomas Person and Thomas .Jones were appointed a
VOL. X — 2

XVIII PREFATORY NOTES.

special committee to take into consideration " the usurpations and
violences attempted and committed by the King and Parliament of
Britain against America, and the further measures to be taken for
frustrating the same, and for the better defence of the province."
The committee was an exceptionally strong one, every memljer of it
having a notable record, unless it be Mr. Kinchen, of Orange, about
whom not much is now known, save that he was a lawyer and lived
in Plillsborough. The fact, however, that he was put upon that
ccjinmittee is strong proof that he was a strong man, for it was a
committee upon which there was no room for mere hgure heads.
( )u Friday morning, the 12th, the committee reported that in their
opinion tlio House should enter into the following resolve, to-wit :

"Resolved, That the delegates for this colony in the Continental
Congi'ess be empowered to concur with the delegates of the other
colonies in declaring Independency, and forming foreign alliances,
reserving to this colony the sole and exclusive right of forming
a constitution and laws for this colony, and for appointing dele-
gates from time to time (under the direction of a general representa-
tion thereof) to meet the delegates of the other colonies for such
purposes as shall be hereafter pointed out."

And thereupon, as the .Journal of the Congress states, the resolu-
tion was unanimously adopted.

This was the first authoritative, explicit declaration, by more than
a month, by i\ny colony in favor of full, final separation from
Britain, and the first like expression ou the vexed question of form-
ing foreign alliances. It is in commemoration of this fact that our
State fiag bears upon its field the legend, " 12th April. 177(1."

North Carolina, already an independent sovereignty under a
government of her own creation, was more solicitous about con-
tinuing tlie separation between herself and the mother country than
aliout any order of jirecedence in the ways and means leading
thereto. In order, however, that Ihere might be no doubt in the
premises, her Congress CDvered the .whole ground by

PREFATORY NOTES. xix

not merely for independence, but in a plain, manly way for the
only means in siglit of making it good.

But there were more difficult problems before the Congress than any
involved in the question of "independency and foreign alliances,"
for as to that, the people were of one mind, and quite readj^ to
declare it whenever notified that the time had come to make it
expedient to do so. As to the constitution, however, they were not
of one mind, and it was quite true, as Governor Martin said, that while
they were generally united as against Great Britain there were dif-
ferences of opinion as to the distribution of power and command
under the new government. Shortly after the Congress met, in
A]iril, 1776, a committee was appointed to ^irepare and repf)rt a con-
stitution. But the attempt to form a constitution soon developed
material differences in the views of the Congress. The differences
were not greater, perhaps, than were to be expected among men on
any subject at a period when general thought had so recently been
directed to it that time had not been afforded to apply to mere
speculation and theory the usually needed correction of practical
experience. It must be remembered, too, that when the Congress,
met, democrats of all sliades were mere theorists, without any prac-
tical experience. A portion, a minority, however, of the Congress
I'avored a strong government, a representative republicanism, so to
speak, modeled as nearly as possible upon that of Great Britain.
Another portion, more advanced in pure democracy, perhaps,
favored a simpler form of government, and one more directly
responsible to the people. Of the first, Samuel Johnston and Allen
•Jones were, perhaps, the most conspicuous leaders, and to the second
belonged Richard Caswell, Willie Jones, Thomas Person and a
majority of the Congress. That tiie majority was witli Caswell'and
Willie Jones is apparent from the fact that just then for the Provin-
cial Council, with Samuel Johnston at its head, the Congress substi-
tuted a Council of Safety, with WilHe Jones for its chief. The
little difierence in the powers- of the two bodies, no greater,^
indeed, than that in tiieir names, makes it apyiarent that the change

XX PREFATORY NOTES.

•\vas made for the purpose of securing a government whose pcrsoinirl
should be in accord with the majority of the Congress. One of the
questions that perplexed patriots in that day in America generally,
one too, that was keenl}' contested, was whether the legislative
power should be vested in a single body or in a Senate and House
of Representatives. On the one side it was said that tlie great law-
making power should be "so near the people as to be an image of
their thoughts and wishes, so numerous as to appear to every voter his
direct counterpart, so frequently renewed as to insure swift respon-
sibility," and this, it was thought, at first at least, by very many,
would be best met by a single House of Representatives. This view
had the w'eight inseparable from the sanction of Benjamin Franklin's
great name, while the opposing one had that of .John Adams.
Franklin held that as the will of the nation was one and indivisi-
ble such should be the character of the body that declared k.
Pennsylvania and Georgia framed their constitutions, in the first
instance, upon this principle. Other provinces, on the other hand,
because attached to the double system, or, perhaps, more conserva-
tive, jtossibly, divided the law-making branch of the government
into two houses, intending each to Ije a check upon the other. The
tendency to pure democracy, in tliis regard, at least, was early
abandoned u\ North Carolina, as in the first draft of a constitution
submitted to the Congress, in April, 177G, it was expressly provided
that the law-making power should be confined to two houses, that
is to say, a Senate and House of Commons.

Other cjuestions were, whether the cliief officers of the new State
should be chosen by the people directly, or in some other mode, and
what were to be tlie lengtlis of terms for wiiicli they were to be
elected. Another question tliat caused much bitterness was tliat relat-
ing to the election of magistrates, wlm, under the proposed system,
would constitute the County Courts. It does not appear, however,
that there was any material diiference in the Congress as to the
mode of electing tlie liiglier judges or as to their tenure of office.
Perhaps, and naturally enougli, the experience of the colony under

PREFATORY NOTES. xxi

Royal rule had brouglit onr ancestors to be of one mind on this
point.

Much heat was evolved by some of these differences. Some of
the provisions of the proposed constitution indeed gave such umbrage
to Samuel John.ston, at the outset, that he declared it would be
impossible for liiin to take part in the execution of it; but jNIr.
Johnston, as was well known, had been faithful to the province as
against Great Britain and, as was well known also, was as honest
and true as he was able and obstinate, and so the patient majority,
with generous forbearance wisely gave him time for the better
judgment that is sure to come from calm reflection and sober sound
thought, with such men.

The result of it all was that in the wise conservatism, for which
our ancestors were specially noted in that day, it was deemed expe-
dient to postpone the formation of the permanent constitution to a
new Congress to be chosen for that especial purpose. A constitution
could have been adopted as easily by the Congress of April, 1776, as
by that of December, had it chosen to do so; the majority, however,
preferred, in deference to the feelings of the minority, not to exercise
the power it possessed. How great was the reward for sucli a gener-
ous exercise of wise conservatism the sec[uel shows.

On the 'Jth of August, 1776, the Council of Safety being in session,
among other resolutions on various subjects, passed one recommend-
ing to the good i^eople of this State to pay the greatest attention to
the elections to be held, on the 15th of October ensuing, for delegates
to represent them in the new Congress, and to have particularly in
view the important consideration that it would be the business of
the delegates then chosen, not only to make laws for the good of
government, but also to form a constitution for the State; that this
last as it would be the corner-stone of all law, so it ought to be fixed
and permanent, and that according as it was well or ill ordered, it
would tend, in the first degree, to promote the happiness or misery
of the State.

XXII PREFATORY NOTES.

At the election, Samuel Johnston, a candidate for the Congress,
from the county of Chowan, was defeated. The contest was a very
bitter one, and waged especially it was said against Mr. Johnston.
Mr. Johnston's party friends were very angry at the result, which
they were pleased to attribute, as much to outside interference, as to
home prejudice ; they especially resented as an act of unfair partisan-
ship the resolution above referred to. At least this is the statement
made by Mr. Jones in his "Defence 6J Nercth Carolina." It is difficult to
understand, however, how a resolution so brief, so innocent in itself,
and s:) exceedingly appropriate to the occasion, could be construed
into an act of partisanship ; but Mr. Jones was himself a partisan in
this regard, and his extravagance, certainly of language and possi-
bly of statement also, make it impossible to follow him without
question.

Bat if the North Carolina constitution-makers of 1 77G were tlieo-
rists only, in mere matters of democracy, upon the vital points of
government in general they had well defined views that had come
to them from practical experience, that were, so to speak, tlie har-
vest of their long colonial seed-time. Chief among these, were : 1st,
tiiat the people, each and every one of them, had certain unalien-
able rights that no government could abridge or take away, and that
these rights ought to be set forth in plain, unmistakable terms in the
fundamental law ; 2d, that the legislative and judicial departments
ought to be emancipated from control by the executive. The legis-
lature they inclined naturally enough, perhaps, to magnify unduly,
having long felt it to be their only protection from oppression, and
their judiciary, too, they were determined should no longer be sub-
ject to the whim or caprice of a governor; and if dependent at all
should, like the legislature, be dependent on the people. Other
points were minor points, upon which public thought had not yet
crystalized. So that while differences might ari.se as to tlicse last,
there was perhaps unanimity enough on really vital principles, a
state of things that made compromises not very difficult among
earnest iiatriots. And so, in .spite of all tiie heat envolvcd from time

PREFATORY NOTES. xxiii

to tiiue; in spite of the defeat of Mr. Johnston, and the bitterness it
was said to have provoked in the bosoms of his friends, an accom-
modation was reached, some how or other, before the Congress met,
so that when itdid meet, the leading man of tlie minorit}^ proposed
for its President the leading man of the majority, and from that
time harmony prevailed far beyond anything that could have been
expected ; even \h. Johnston, who was present, on other business, it
was said, and in con.stant consultation with the Congre.ss, no longer
declared his inability to take part in the new government, but con-
tented himself with .saying, that while none of the new constitutions
were good, ours would perhaps " do as well as tliat adopted l)y any
other colony." He was not pleased however.

The new Congress met, an ', on motion of Allen Jones, Caswell
was made President, and straiglitway a committee appointed to
report a bill of rights and State constitution. After some three
weeks' con.sideration the committee reported, and the bill of rights
was adopted, so far as ap[>ears, without any change, on the 17th of
December. On the next day the constitution was read, paragraph
by {jaragraph, amended, though in \vh;it way does not appear, and
at once pas,sed. The committee tluit drafted the bill of rights and
constitution consisted of Richard Caswell, Thomas Person, Allen
Jones, John Ashe, Abner Xas'n, Willie Jones, Thomas Jones, Simon
Bright, Christopher Neale, Samuel Ashe, William Haywood, Griffith
Rutherford, Henry Abbott, Luke Sumner, Thomas Respess, Jr.,
Archibald McLaine, Isaiah Hogan, and Hezekiah Alexander. Under
the new constitution the Government consisted of three branches,
'executive, legislative and judicial. The executive was stripped of
much of the power exercised by colonial governors, being deprived
of the veto power, and all power over the legislature. Indeed, but
little power of any .sort was left to him. With the legislature it
was different, as to it was given, in general terms, authority to do
everything that was not .specially prohibited to it. It met on a day
fixed by law, and adjourned at its own will and not that of the Gov-
ernor. Tlie minority of each house could adjourn from day to day,

XXIV PREFATORY NOTES.

and prorogations were no longer in order. The old trouble about
" the quorum" was cut up by the roots, by an express provision that
no business should be done in either house without the presence of
a majority of its members. In addition to the law-making power,
the legislature was entrusted witli the election of all the principal
officers, from tlie Governor down. It was composed of two houses, the
Senate, or Upper House, chosen by freeholders, and the Commons,
or Lower House, chosen by general suffrage. One great difficulty
in this regard all along had been to provide some safeguard against
usurpation of power by the legislature. That finally adopted seems
to have been in accordance with, if not in consequence of, a sug-
gestion of Samuel -lohnston, who, on this point, was certainly with
the popular current, that the only check on the representatives of
the people in a democracy, was the people themselves, and that, as a
consequence, elections should be frequent. And so all elections,
save those for the Secretary of State and the Judges, whether by the
people or the Legislature, were annual. Popular elections, however,
whether frequent or unfrequent, do not seem to have found as nnich
favor in those days in North Carolina as in modern times, tlie only
elections of that sort under the new constitution being tliose for
members of the As.sembly. To the judicial branch, as to the execu-
tive, comparatively little power was apparently given, as the right of
that branch of tlie government to nullify the action of the legislature
by declaring it unconstitutional, had not then been evolved, its dis-
covery, or invention, as the case may be, being of a later date. The
Judges, however, were^ given life-tenures, and thus made independ-
ent, and paid by fixed salaries and not fees in cases depending before
them, as in colonial days.

By tlie provision giving to each county one member in the Upper
House and two members in the Lower House, the great old-time
inequality in legislative representation, was done away with, in a
measure, fo tliat the Albemarle counties no longer sent five members
while other counties sent only two. The adjustment, however, was not
entirely equitable, for although some of tlic counties contained only

PREFATORY NOTES xxv

some 4,000 people, otI>ers litul as many as 15,000. The representa-
tion from the smallest county was equal to that of the largest.

Another provL-jion, most conspicuous, perhaps, by reason of its
entire absence from the constitution, was one directing the mode of
taxation. It will be remembered that in colonial days there Avas no
property tax, but only a poll-tax, and that this worked hardly in
the interior counties. That the omission of a provision for a prop-
erty tax, was not accidental, was evident from the fact that three
members of the committee that reported the constitution were espe-
cially and particularly instructed to procure a provision for a prop-
erty tax, and their failure to do so was doubtless in consequence of
one of the many compromises found necessary to be made in
framing a constitutio^kthat -would be agreed to. It was asking-
more, perhaps of the East, that a provision for a property tax should
be inserted in the constitution, than tlie members from that section
were willing to concede, an<I so the whole question was left open for the
arbitrament of the future, by no ineans an unwise thing at times.
To one familiar with the history of Xorth Carolina it is easy to see
that colonial experience dictated most of these changes.

But in spite of Mr. Johnston's opinion that none of the constitu-
tions of that day could be good, most of them seemed to work well
enough in practice. Especially was this the case with ours, for it
proved .so satisfactory that it was allowed to remain without any
change whatever for fifty-nine years. Of the declaration of rights
it is perhaps sufficient to say that of its twelve clauses for the pro-
tection of individual rights eleven were embodied in the fiv. t ten
amendments to the Federal Con.stitution.

How circumstances do alter cases. In 1775 and 1 776, when slavery
prevailed more or less in every colony and Royal governors sought
to create servile wars as a means of subjugation, it was v\ith one
consent denounced as a sufficient ju.stification for separation from
Great Britain. In the late war between the States, to say nothing
of the John Brown raid, it was thought perfectly right and proper
for the President of the Northern States to issue a proclamation

XXVI PPvEFATOllY NOTES.

declaring all the slaves to be free and putting them into uiilitaiy
service. There were then no slaves, or comparatively none, in the
Northern States. That a servile war did not follow tlie emancipa-
tion proclamation was certainly not owing to the Federal authori-
ties, but to the good seu.se and kindly feeling of the slaves them-
selves If the Royal governors were so far wrong in 1775, how
could the Northern States' authorities be right in 18G2? ■

The history of tbs- Watauga settlement set forth in the petition of
the people there for recognition as a part of the body politic of
North Carolina is of peculiar interest, as it was the beginning of
what is now the great State of Tennessee. Promptly recognizing
their claim to be citizens of North Carolina, the Council ordered elec-
tions to be held there for delegates to the CoagTcss to frame the State
Constitution, and delegates were accordingly elected and took their
seats as members of the Congress and j.iarticipated in the great work
of framing our constitution.

Historians usually speak of the men who fought at Moore's Creek
under McDonald as the Scotch and Pegulators, creating the impres-
sion, whether intentionally or not, that they were in nearly, if
not cjuite, equal proportions. The facts, however, seem scarcely to
ju.stify this assumption. Governor Martin, however, in his report, says
nothing about the Regulators, but speaks of them as "the High-
landers and about one hundred of the country people." Colonel
Purviance says there were " not 200 of the old Regulators among
them." From the list of the prisoners, too, reported to the Congress
at Halifax, it would seem that tliere were only two companies that
could by any means be credited to the Regulators. Nor must it be
assumed tliat all who were in the expedition to Moore's Creek
from Oiangc and Guilford were Regulators, for old Parson Mickle-
john was caught red-handed, and certainly he was not one of the
Regulators, but one of Tryon's right-hand n.ien against them, turn-
ing loo.se upon them the thunders of tlie church, while his chief
employed all the weai>ons known to carnal warfare in his day.

PREFATORY NOTES. xxvii

Certainly, from the records at this time, at least, it would seem
that the doubts of those who hesitate to accept the statement that
the great body of the Regulators became Tories have some founda-
tion.

Many things, po.ssibly, strike the student of our records with sur-
prise, but none, perhaps, more than the ignorance of our delegates
to the Continental Congress for near twelve months after their first
appointment as to the advanced state of feeling among their con-
stituents on the great cjuestions then pending. Among other things
that contributed to this result, doubtless, was the infrec[uent com-
munication between North Carolina and Philadelphia, the lack of
newspapers to gather and print the news of current events, and a
want of apjsreciation of the intelligence and patriotism of the people,
and an undue impatience of zeal, perhaps. But whatever the cause,
our delegates seemed not to realize that any advance had been made
in public sentiment after they left the province, and comparing
their constituents at a former date with the people immediately
under their observation at Philadelphia at a later one they thought
them laggards. It must be remembered, too, that while neither of
our delegates was a native all of them were from the coast-line set-
tlements of the East. Hooper, then of Wilmington, had not been
in the province ten years when he was sent to Philadelphia, and a
part, at least, of that time he spent among the Scotch on the Upper
Cape Fear. Neither Caswell i'rom Doblis, nor Hewes from Chowan
county was a native, though Caswell had been much longer resi-
dent here than either Hooper or Hewes. The latter was a plain
man of business atEdenton, of local importance and local acquaint-
ance, who had just come into public notice, and whose life was more
or less clouded by 'the death of his fiancee, to whom he was devo-
tedlj' attached. Caswell, a Marylander by birth, had, within less
than twelve months before his appointment as a delegate, been a
judge under a purely prerogative appointment b}' Governor Martin,
which for the time, at lea.st. made him unpopular. Under Tryon,
Martin's predecessor, he had been his staunch supporter and a spe-

XXVIII PREFATORY NOTES.

cial favorite. From their letters and addresses one v/ould think the
people of North Carolina were laggards at the start in the race for
freedom, who constantly needed to be urged on by tlie people at Phil-
adelphia. Hapi)ily our records show such a different state of things
that the wonder now is how it was possible for those gentlemen to
be so ill informed. ,

For example, on the 10th .June, 1775, our three delegates in Phil-
adelphia, Richard Caswell, Joseph Hevres and William Hooper,
united in an address in which they said the people of North Car-
olina alone, in all America, were " supine and careless" amid the
stirring events taking place around them; and then, as if to arouse
them from their lethargy, reminded them of the efforts to raise the
negroes and to turn the Indians loose upon the frontiers ; pointed
out the hopelessness of any good to come from their exclusion from
the British Restraining Act, and urged them to organize the militia,
and look well after the gun|X)wder in the province, all of which was
very handsomely l>ut, and would luive been verj' patriotic and very
appropriate if it fjad been true.- The statement, however, was not
true. The truth is, as our records plainly show :

1. TJiat the people Avere aware of the efforts to excite the negroes
to insurrection, and had taken such precautions in the premises that
when an extended insurrection was attempted a few weeks later, it
was j)romptly sujiprejsed before any mischief was done.

2. That the ijeojde were well aware also of the threatened Indian
troubles, and on the 1st June the Committee in Rowan County, that
then covered the Indian frontier, ordered the purchase of powder
and lead for the use of the militia, that they might be "provided
against the incursions of the Indiuns on the frontier, that seemed
then probable."

3. That the people had not the least expectation of any benefit
from their exclusinn from the British Restraining Act, as they had
not the least expectation to allow it to operate here. On the con-
trary they constantly avowed an unalterable purpose to stand by the
other colonies in every event, and regarded the insidious attempt to

PREFATORY NOTES. xxix

detach Uk^iii from the common cause as an insult and an indignity.
The delegates, however, were as ignorant of the causes of the exclu-
sion of North Carolina from the operation of the R'jslraining Act, as
they were of its possible effect upon our people. Messrs. Elrasly and
Barker, our agents in London, who unwittingly brought about the
exclusion, had a better appreciation of the temper of our people, for
when they found what they had done they were extremely solicit-
ous that their handiwork in bringing about tlie result should be
kejit a profound secret, nothing being further from their intention
than such a result.

4. That the organization of the militia was well looked after, and
the l)est possible provision made for supplies of ammunition. The
Rowa:i militia companies were live, active organizations as early as
23d September, 1774, and as early as .".th January, 1775, the Com-
mittee at Wilmington was openly seizing all tlie powder within its
reach. Before the 10th March the peoi)le in Brunswick and New
Hanover met and chose field oflBcers for a regiment, and Colonel
Howe was drilling men in Brunswick, after which Colonel Ashe,
who had thrown up a commi-ssion under Martin and accepted one
from the people, appeared in \Yilmington. at the head of some 400
or oOO armed men, " threatening witli military execution " those who
refused to .sign the As.sociation. In Mecklenburg Coun.ty the militia
was organized under Committee rule on 31.st May, and orders were that
day issued by the Committee for them to arm and " hold themselves in
readiness " for such service as might be required of them by the prov-
ince or by the County Committee, and to that end, that powder and
lead be at once purcha.sed. In Rowan, all that was needed for active
service in the field was a supply of ammunition for which we have
already seen orders were at once issued. On the Sth .June the militia in
Craven County were being organized. Meanwhile, the signing of
associations "binding the })eople to be prepared with arms to array
themselves in companies'' had progressed so far that on the I6th
June Governor Martin issued a formal proclamation from Fort John-
ston forbidding it any longer to be dont

le.

XXX PREFATORY NOTES.

Doubtless if our records had been more genei'ally }ireserved the
array of testimony would be much fuller, but even as if is we have
covered nearly the entire State. Unfortunately ibr us, in many
respects, our ancestors were careless about their records, so careless,
indeed, tliat we have been obliged to supply many missing links
very largely by copies from the Britisli Public Record Office in Lon-
don, sometimes by copies from original documents transmitted from-
time to time by the governors, but ofttimes- by copies from publica-
tions in one of tlie two newspapers then printed in the province-
Certainl}' a scant supply. Especially is this true as to county meetings.

On Stli July, near three weeks after the address was issued, Hewes
and Hooper v,'ere still uninformed of ©vents in North Carolina, and
consequently still unhappy. -Just then they were "alarmed," as Hewes
wrote to .Johnston, by the contents of the intcrcppted letter from
General Gage to Governor Martin, and that fiom Martin to Henry
AVhite, of New York. They feared Nortli (Carolina might not main-
tain a bold front in the face of the dangers that threatened her.
Caswell, it seems, was not tliere. Ilewes, in his letter, went over the
familiar ground about negro insurrections, Indian inmi'sions, and
the hke. Not content with tliis, he and Iloojter, under the influence
of the fresh alarm, prevailed upon the Presbyteiian ministers at
Philadelphia ■' to write to the congregations and ministers of their
sect in North Carolina," to set their brethrc n right in North Caro-
lina, and '•ap[)lied to the Dutcli Lutherans and (,'alvinists to do the
same fur their sect."

Meanwhile, before Plewes's letter was well out of Philadelphia,
the call fir the Hillsborough Convention tn meet mi the :iOtli .Vugust
had Ijeen issued. The people for we(>ks had been elamnring for one
at an earlier day. The clamor began with (uivernor Martin's flight in
May, if not hetbre. The Connnittceat Wilmingtt)n im l.'lth July wrote
to Mr. Moderator .Inhnston, who then had control of the mattei', saying:
"Our people are continually clamoring fiii' a Provincial Coiucntion.
They hope everything from its innuediate session, fear everytliing
from its delay. We join our wishes to tlios ■ (if the peojile, and

rKEFATORY NOTES. xxxi

adjure yon, by your love of your country, to call a rrovincial f'on-
vcntion at an early ilay, so sliall tlie minds of tlie peo[)le l)o calmed
and proper measures (tho' late) be taken to api'ly remedys to all (Uir
])olitical inconveniences. We think it necessary to apprize you that
the general opinion of this part of tlic couutrj- is ihat a number of
-men should be raised and kept in jiay for the defence of the coun-
try. This can only be done by a convention, and that convention
alone can f;rll upon a proper mode of paying them." Could a people
be called careless and supine who were clamoring for the immediate
call of a convention to raise a standing army at their own expen.se?
In tiie matter of calling the convention, Mr. .Johnston was in a
dilemma. Any convention would be composed very largely of
members of the Assembh', and Martin had ordered an Assembly to
meet in XewBern on 14th July, while the April convention had
ordered tlie, next convention to meet in Hillsborough. It would not
do td call a convention at Hillsborough wliile the Assembly was in
session at XewBern, and Johnston had no authority to change the
place of meeting from Hillsborough to XewBerj. And so, as we
have said,l:e was in a dilennna. This much in justice to Mr. John-
ston, and wit'i all tlie delay, only .some four months ela[..sed between
the adjournment of the last convention at XewBern an 1 the open-
ing of that at Hillsborough, time well .spent, if, indeed, time were
needed, in bringing our people to one mind as to the mode of taking
into tlieir own hands the sceptre Martin was no longer able to wield.
I>onking back, even after this long lajise of time, it can scarcely
fail t'l iir(:)vi>ke a feeling of irritation that our delegates, from any
cause, shnuld liave doni^ sucli great injustice to tlieir constituents,
our ancestiirs. men wlio were sujierlily grand in their courage vvlien,
in 1774. they resjionded so |Mnmptly 1o the first call to inaugurate
a system n popular guvei'nment that, in less than thirty days from
the dryin.g of the ink U|i()n it, delegates to the convention thus
callid, the hi>t purely po;ular a<semi)lage that was ever called or
that ever met in .\merica, were formally elected and reaily to meet
at the time and place appointed : ukmi who were grander still when,

XXXII PREFATORY NOTES.

six months later, they sent their second convention to show such bohl
and contemiDtuous defiance to Royal authority ; men who were yet
, still grander when, another six months having passed, they sent
their third convention, in unprecedentedly large numbers, to enable
tliem to take the entire government into their own hands, many
months before any other colony dared to do so ; me)i who were yet
even grander still, if possible, when, another six months having
elapsed, and seeing ditl'erences and hot blood, 2)erhaps, among good
men upon minor points, as it were, where only harmony and kindly
feeling ought to prevail, in their magnificent self-control and rare
equipoise, generously put oft' for another six months the making of
the permanent constitution, in order tliat they might come to o'.ie
mind after sober, serious reflec!tion. Even at this laic day, we say,
it makes the blood hot to know tliat such men were misrepresented
and mistrusted by their delegates. But neither of their delegates
was a native, and neither they nor their ancestors had been taught
in the schools in which the North Carolinians of an older date had
learned the lessons of practical republicanism.

Our records liear us out in tlie declaration tJiat Irum sheer ign(jrance
alone coulJ have arisen a fear that either the Scotch-Irish (ir the
German population of Central and Western North Carolina were
less patriotic, less intelligent or less courageous than their Iji'ethreu
of Englisli descent in the coast-line settlements of the East. Vet it
was as to these very people especially that our <lek'gates had their
doubts. The Philadelphia Presbyterian Pastoral, in its very o[iening
sentence, tells "the ministers and Presbyterian cungregalions in
North Carolina " that th^ Philadel(>hia folks were very much hurt
" to hear that they were somehow led aside from the cause of h'eedom
and liberty." How strange it sounds, ami how absurd to hear the
people of Mecklenburg and Rowan called laggards in the cause of
freedom and liberty! The Philadelphia i'olks, liowevei', were not to
])lame for the pastoral, but Messi's. Hooper and He a es, who pre-
vailed upon them to write it But, tlien, neither of the delegates was

PREFATORY NOTES. xxxiii

a "Western man, neither of them a native, and neitlier of them a
Presbyterian.

But " many men of many minds," as the old saying goes. Hooper
and Hewes, in Philadelphia, felt gloomy and despondent because
they -feared the outlook was unfavorable for the success of the
great cause to which, heart and soul, they were devoted. Mar-
tin, on the other hand, on the ground, felt gloomy and despond-
ent because the outlook, a^ he saw it, was bad for royal rule. And
how different, too, the people of North Carolina appeared to .John
Harvej' on the one side, and Caswell and Hewes and Hooper on
the other. Harvey's grand, instantaneous reply that "then the
people would call an a.ssembly themselves," showed his perfect conti-
dence in them, while the utterances of our delegates showed their
want of it. And Harvey was right, and Caswell and Hewt.s and
Hooper were not the only i"!ien in North Carolina prepared to do or
die in defence of the cause.

The delegates were all from the East, as we have seen, one from
the northern, one from the middle, and one from tlie southern sec-
tion of it. With the power the Eastern counties tlien exercised in
all legislative bodies in North Carolina, how the West could be
excluded from rei)resentation by what may be called, perhaps, the
accustomed .sectional combination, is easily seen. Certainly it was
not for want of suitable men that no delegates was chosen from the
West. The mere mention of the names of such men- as Thomas
Person, of Granville ; Thomns Hart, John Kiuchen, Francis Nash
and Thomas Burke, of Orange; Alexander and Francis Martin, of
Guilford; Waightstill Avery, McKnitt Alexander and Ephraim Bre-
vard, of Mecklenburg; Samuel Spencer, of Anson; .James Macay,
Samuel Young and \\'iliiam Kennon, of Rowan, makes the sugges-
tion absurd. But political wrongs, like others, usually avenge them-
selves, and so for this unreasonable, unfair exclusion of a Western
man from the delegation, the State suffered in reputation.

The exclusion, we know, caused trouble and disaffection at the
time, as well it might, for, as our records show, it gave ri.se to the

vol,. X — .'5

XXXIV PREFATORY NOTES.

expressed liope on the part of the friends of the King, a vain hope,
however, as the event proved, that the Western counties would
manifest their disapprobation in a material, practical way. Instead,
however, of sulking in their tents the Western people continued, as,
they began, active, zealous workers in the cause of freedom and lib-
erty, and in time they had their reward. Time proves all things, and
it needed not much time after the struggle for freedom and for inde-
pendence began, to show what was the worth and what was the tem-
per of the people of the Center and the West. How patriotic the feel-
ing among them was, and liow thoroughly united they were, is appa-
rent from the fact that in spite of all the threats and all the induce-
ments held out to them, "not more than a hundred people of the
country " could be enlisted under the King's banner in February,
1776, the rest being "Highlanders," new-comers, not yet incorporated
into the body politic, in sentiment, at least, of North Carolina.

Why delegates were chosen from the East, rather than from the
^^'^est, may, as we have seen, be understood, but why in the East
where there were so many natives fully competent, among the
eai'liest and most pronounced advocates of all popular measures,
none should be chosen is, to say the least, a matter for surprise.
On file Cape Fear there was .John Ashe, a man of mature age, for
years Speaker of the Assembly and a leader in all popular measures,
whether supported by arms or by argument; Harnett, the younger
a great civilian and a recognized popular leader; Howe, another
popular leader and one of the most brilliant men ever born on
North Carolina soil, a brilliant speaker, an incomparable writer, and
a great soldier; James Moore, another great soldier, cut off in his
prime, all men of education and political experience.

On the Roanoke and the Albemarle there were four of the same
name, all distinguished for their patriotism and their zeal in the
cause of their country, Willie Jones, of Halifax; Allen Jones, of
Northampton; Thomas Jones, of Chowan, and Joseph Jones, of
Pasquotank, of whose services our records are full : and then, too,
there was Sanuiel Jo'.niston, who, though he was not a native, had

PREFATORY NOTES. xxxv

come here so young, and had Hved here so long, that, as he said, he
had become imbued with all the feelings and prejudices of a native;
there was Benbury, too, while of Harveys and Blounts there was
no lack in the Albemarle, who, with Coor and Cogdell on the Neuse,
and Simpson and a Haywood or two on the Pamlico, and Campbell
and Dawson of Bertie were, to say the least, the equals in every
respect of Hewes.

But so it was; the East and the West were no nearer unified in
1774 than they were in 1771. Hooper, Hewes and Caswell had not
ceased to regard tlie Regulators, wlio, with their sympathizers, cov-
ered well-nigh every constable's district in the Center and West, as
red-handed traitors. In less than twelve months, however, the Con-
A'ention stood before them, hat in hand, as it v\'ere, and when Caswell
resigned his place as delegate to take that of Treasurer, appointed
John Penn, the countyman and personal friend of the noted Regu-
lator Thomas Person, in his stead, and in less than two years only
one of the three delegates was from the East.

Verily by the time the Convention met at Hillsborough, the world
of Hooper and Hewes and Caswell had moved, for they were all
there. Light had broken in upon their darkened horizon, and no
more Philadeliihia pastorals and no more desponding addresses were
given to the public. And verily that Hillsborough Convention was
the dawn of a new era in many ways in North Carolina, conspicuous
among them being a due appreciation by the East of the worth and
numbers of the people of the West, and, in consequence, the begin-
ning of a genuine fraternal feeling for them.

War is not always altogether bad in its consequences. It was
worth much trial and tribulation, much sorrow and suffering to
bring about a genuine fraternal feeling between the hitherto indif-
ferent and unacquainted sections of the province. And so, calami-
tous as was our late war, it brought about a more thorough and
cordial unification of tlie various sections in the State, than probably
would have been reached in a full centurv, if then ; a result that

XXXVI PREFATORY NOTES.

is worth more tlian tongue can tell or money compute to those who
love North Carolina.

After all said and done, however, it must be remembered that
Hewes and Hooper were both professed advocates of all popular
measures as Governor Martin reported, and possibly what was true
of Hooper, as said by a great admirer, was true of all of them, that
though sometimes desponding there was never any wavering. It
must be remembered, too, that " independency " and democracy were
not in that day as nearly convertible terms as may now be supposed ;
that, in fact, to many patriots, denjocracy did not seem to be a neces-
sary or even a desirable consequence of independence and separa-
tion from England, and that to these, confidence in the masses was
a plant of truly slow growth. Hooper, for example, like Johnston,
though an early and a-'staunch patriot, was, perhaps, never a demo-
crat, while the people of the Center and West were both patriots and
democrats, as democracy went in those days. Doubtless, liowever,
democracy to-day has a much more advanced signification than it
had some hundred years ago and more, throughout America.

Another thing that will perhaps surprise the student of our his-
tory, is the rare control in which our ancestors held themselves in
the perilous excitement that possessed them in the years just pre-
vious to the adoption of their State Constitution. From tlie da}'
on which Harvey boldl^y announced that the people would call an
Assembly themselves, scarce a month passed that did not witness
some palpable progress, some tangible step in advance toward the
overthrow of British rule and the establishment of popular govern-
ment in its stead. And yet, with all this steadj^, positive advance,
every step forward was so deliberately taken that there was never
any desire even, to take one backward.

The Convention of August, 1774, while it was the first body of
its kind ever assembled in America, and while it certainly showed grit
enough and to spare, showed deliberation also, for althougli it met

PREFATORY NOTES. xxxvii

ill ample time, it did not meet until some four montlis had elapsed
after the necessity for it to meet had been presented to the people.

The Convention of April, 1775, the Mecklenburg Declaration of
20th May, and the action of the NewBern Committee on the morn-
ing of the 23d, in the matter of the dismounted guns, it must be
admitted, showed, possibly, more audacity than deliberation. But
then, the two latter events occurred just after American blood had
been spilled on American soil by a ruthless British soldiery.

The Hillsborough Congress, in its meeting as well as in its action,
was thoroughly characteristic. There was no haste, indeed there was
delay, as it seemed to many, in its call, and yet it met only some
four months after the April Convention adjourned, quick enough, it
would seem to us, and yet too slow, it would seem, for the impatient
souls of that day. The whole ground of disruption, new gov.ernment,
peace and war was gone over in the space of twenty days. Tlje
matter of arranging a new home government was disposed of in a
week, but when a plan for a new outside government, in the place of
the one just gotten rid of, was proposed under auspices that would
have been most enticing to a people who had lost their heads,
so to speak, in their zeal for separation from Britain, it was at
once laid aside to give time to provide each member with a copy
for serious individual examination and consideration. This, of
itself, was no light task, as the manuscript consisted of four pages
of closely written foolscap, of large size, and one hundred and
eightj'-four members had to be supplied in a very small village
where clerical labor was scarce. The result was that the Con-
gress not only voted the plan " ineligible," but, seeing for the first
time the possibility that North Carolina might be carried into an
unsuitable confederation by her delegates at Philadelphia, proceeded
to strip them, in so many words, of the power to do so. So, too,
while providing a home government, they made only a temporary
one, knowing full well that a permanent one was a work of time, by
no means to be gone into lightly or unadvisedly.

XXXVIII PREFATORY NOTES.

Six months later, at Halifax, they set about the task with abund-
ant resolution, but seeing the difTerences it engendered and having
tune to spare, they deliberately postponed the matter for another six
montlis. Meanwhile, the time having come for it, they passed inside
of four days a resolution for "independency and foreign alliances,"
thereb}' placing North Carolina in the very forefront of the colonies
on that most vital question at that most critical time. Surely so
much calm deliberation was never so judiciously mingled with such
ready, bold action, on such an important occasion.

And this wise conservatism, this moderating influence had its
origin, strange to say, in an omnipotent majority, that was fully con-
scious of power. There was a minority, however, of high character
and decided views, conspicuous among whom was Samuel Johnston.
Mr. Johnston was a good man and true, but obstinately fixed in Iris
opinions, and one who, when thwarted, would sulk in his tent and
talk indiscreetly. Allen Jones was another good man and true, but
unlike Johnston, in that he never soured and never sulked, but kept
straight on to the end, always at work for the cause somewhere,
either in camp or council. Over such men as these the majority
sought no personal triumph, no personal victory. All the triumpli
they sought was that of the great cause in which the minority, as
the majority well knew, were also thoroughly enlisted; and so they
did not press them, but gave them time; but while thus forbear-
ing they were none the less resolute and determined, and tightened
their grip on the temporaiw government. The feeling was doubt-
less quite warm, indeed it has been said that without democracy
independence would have had no attraction for Willie Jones and
Thomas Person, and it might have been easily retorted, and with
no more truth, that with it independence had no attraction for John-
ston and Allen Jones. The moderation of Willie Jones and Person in
their treatment of the minority generally, and in the make-up of the
Con.stitution especially, .shows that noither side, perhaps, went to the
extremes, that historians and partisans of a later generation would
have us believe.

PREFATORY NOTES. xxxix

The truth is, tliat being as deliberate and self-contained as they
were resolute and determined, when it was necessary to take the
lead, they went to the forefront unhesitatingly, but recognizing tliat
different temperaments make men travel at different gaits, they, at
other times, purposelj^ held back the main body, for the slower of
thought and slower of gait to catch up, so that the entire province, in
one united column, might reach the great goal for which thej^ had
set out, in close order and without any straggling. And so, too,
having always in view the ultimate success of their cause, they cheer-
fully subordinated all temporary considerations to that end, and in
order to secure unity in essentials, willingly tolerated differences in
non-essentials. In a word, they were always ready to act or not to
act, as the exigency of the occasion demanded, to further the great
cause, and this, too, without a single reporter or historian and with
only two weekl}' newspapers in all the province to herald to the
world what they did or what they refused to do. Their self-control
was admirable.

But the repulse of tb.e British at Charleston on the "iStli June,
17711, deserves more than a passing notice here, for that brilliant
result was accomplished, in part, at least, by North Carolina Troops,
for there, as generally elsewhere, a full proportion of the troops
engaged were North Carolinians Brigadier Generals Moore and
Howe were there with the first regiment of North Carolina Regulars,
under Colonel Francis Nash, and the second under Colonel Alex-
ander Martin.

General Charles Lee, who was chief in command, highly compli-
mented them to the President of the Virginia Convention, saying
that he knew not wliich corps he had the greatest reason to be
jjlea.sed with, Muhlenberg's Virginians or the North Carolina troops,
lioth being regulars. The point of this compliment was, first, that it
was written to a Virginian, and second, tliat of all the Virginia regi-
ments, Muldenberg's was ' the most complete, the best armed, best

XL PREFATORY NOTES.

clothed and best equipped." * In a report to General Washington
General Lee speaks of them as "admirable soldiers."

And yet, with all this high praise, it is said the commanding Gen-
eral failed to do full justice to the North Carolinians, especially to
Lieutenant Colonel Clark, of the First North Carolina Regulars, who,
with some two hundred men, was assigned to the duty of defending
the rear approaches to the fort.

And so we have another instance of the efficiency of the tempo-
rary government established at Hillsborough. In a short twelve
months it sent troops once to the lielp of ^'^irginia and twice to that
of South Carolina, fought the battle of Moore's Creek, and sent
some 3,000 men against tlie Cherokees. Within tlie year it put near
10,000 men into service in the field, certainly a very large propor-
tion of its fighting population in so short a time.

.And now the self-imposed task, begun some eleven years ago, is
finished. All that I care to say is that I have done the best I c«uld
that coming generations might be able to learn what manner of
men their ancestors were, and this I have done without reward or
the hope of reward, other thaia the hope that I might contrilnite some-
thing to rescue the fair fame and good name of North Carolina from
the clutches of ignorance. Our records are now before the world,
and any man who chooses may see for himself the character of the
people who made them. As for myself, when I search these North
Carolina scriptures and read the story of her hundred years' struggle
with the mother country for Constitutional Government and the no
less wonderful story of her hundred years' struggle with the savage
Indian lor very life, both culminating in her first great revolution ;
and then coming down to her .second great revolution, when I
remember how the old State bared her bosom to that mighty storm,
how she sent her sons to the field, until both the cradle and the
grave were robbed of their justi-ights; how devotedly those sons

*Ba! croft.

PREFATORY NOTES. xli

stood before shot and shell and the deadly bullet, su that their bones
whitened every battle-field; when I remember how heroically she
endured every privation, until starvation was atlier very doors, and
until raiment was as scarce as food, and with what fortitude she met
defeat, when, after Appomattox, all seemed lost, save honor ; especially,
when I remember how, in the darkest of all hours, rallying once more
to the struggle for Constitutional Government, she enlisted for the
war of Reconstruction, fought it out to the end, finally wresting glo-
rious victory from the very jaws of disastrous defeat, I bow my head in
gratitude and say as our great Confederate commander, the immor-
tal Lee, said, when, watching the brilliant fight some of our regi-
ments were making, at a critical time in one of his great battles, he
exclaimed in the fullness of his heart,

"God bless old North Carolina."

The Editor begs leave again to render his sincere acknowledg-
ments to his Excellencj' Governor Fowlc, and to Major S. M. Fin-
ger, Superintendent of Public Instruction, for their continued cor-
dial and highly appreciated co-operation in this publication. To
Captain S. A. Ashe for much very valuable assistance rendered in
many ways and at many times, he is sincerely grateful, as also to a
young friend who promises to do credit to North Carolina as well as
to himself, Collier Cobb, Esq., late of Harvard College.

lie J^.lax^^^U^^

\ol. X — 4

COLONIAL RECORDS.

1775.

[From the Court Records of Rowan County.]

Transcript of the Minutes of a Court of Oyer and Terminer for the

Sahsbury District.
North Carolina — To wit: June 1", 1775.

Proclamation being made and silence being commanded, the King's
commission of Oyer & Terminer was publicly read, in which com-
mission Alex. Martin, Esquire, was nominated one of the .Judges of
a Court of Oyer & Terminer appointed by act of Assembly of said
province, to be hdd at Salisbury, on the first day of June in the
XV year of tlie reign of Our Sovereign Lord; CJeorge third, King of
Greit Britain etc, for the Counties of Rowan, Anson, Mecklenburg,
Tryon, Surry and Guilford.

The Honorable Alexander Martin, Esq'' took the oath prescribed
by law for tlie qualification of public o(Jicers and an Oath of office
and repeated and subscribed the Test, took his seat and proceeded
to bu.siness.

The Court appointed Adlai Osl)orne Esq' Clerk of the Court, who
qualified according to law.

Benjamin B. Boote Esq" produced a Deputation from Thomas
McGwire Esq"" his Majesty's Attorney General for the Province of
North Carolina, a})pointing the said B. B. Boote, Dei)uty Attorney
for the Crown for the District of Salisbury, who qualified by taking
the oath prescribed by law for the qualification of public officers,
an oath of office and subscribing the Test.

The Sheriffs of the several Counties of the District of Salisbury,
being called and required to make return of the several venires and
other process from the said Counties and returnable here this day,
Thomas Harris high sherift' of ^lecklenburg failed to appear and
make return of the process to him directed —

Therefore ordered by the Court, that the .said Thomas Harris be
fined £50 for his not attending and that lie be cited to show cause
&c next Court.

The Sheriff of INIecklenburg returns the venire.

VOL. X 1

COLONIAL RECORDS.

Thursday June 1" 1775.

Be it remembered that this day several Recognizances were
returned into Court and entered up, as pr. Docket following.

Tlie following J'eaire was returned by the Sheriffs of the several
Counties, viz :

KOWAN.

1. Moses Winsley

2. Will Davison

3. Sam' Harris

4. Geo. Hen. Berger

5. Griffith Rutherford
0. Will Alexander

7. John Dickey

8. Geo. Davison

9. Sam' Reed

10. John Sloan

11. Sam' Young

12. James IVPCay

ANSOX.

1. John Cole.son

2. Charles Robison

3. James Cotton

4. Solomon Gross

1. Will. Moore

2. Fred" Hambri,g.ht

3. James M^Intire

4. Moses Moore

'IRYO.V.

o. James ^Pickett

6. Will. Coleson

7. Buckner Kimball

5. John M^Kinney
(!. Will. Gilbert
7. Abram Kerkendoll
S. James .Johnson

SURRY.

1. Sam' Freeman

2. Tho' Poindexter

3. John Armstrong

4. James Glenn

L

2

o

o.

4.

1.
2

Tiioe. Blair
Edward Gilbert
Benjamin Sterrett
James Plunter

5. AVill Coker

6. Joseph Nations

7. Elia Turner

GUILFORD.

5. James .\l°Cuiston
G. Ralph Gorrell
7. Daniel Gillespie

MECKLENBURG.

Hezekiah Alexander
Robert Harris
Adam Alexander

5. John M-^Culloh

6. Charles Polk

7. Aaron Huston

4. John M'Knitt Alexander

COLONIAL RFX'ORDS.

Of the foregoing jurors, Tho' Poindexter & Jolm M'lntire were
excused from attending.

Ordered by the Court that James Cotton, Abram Kerkendoll,
James Glenn, Elias Turner, Joseph Nations, Benjamin Sterrett,
Hezekiali Alexander, Aaron Huston, Adam Alexander, John
^I°Knitt Alexander, and John M°Culloh, be fined each £o nisi, for
not attending this Court as jurors agreeable to summons.

Ordered by the Court, That William Johnston and James Ross,
committed to the Gaol of the District of Salisbury on a Hue & Cry,
and charged with having robbed the store of John Cox within the
District of Beaufort in the Province of South Carolina, be trans-
mitted by a jiroper officer and Guard to the aforesaid District of
Beauibrt, there to lie dealt with as the law directs. And that a
Smooth Gun, a man's Saddle and a man's White Hat, found in
possession of the said William & James & known to be the property
of the said John Cox be delivered up by the Sheriff of Rowan, or
any other officer who may have them in possession.

Be it remembered, That Sam' Luckey, Joseph Erwin, Jno. Morri-
son, William Young, Arthur O'Neal and Tho' Winkler (Constables),
ai)peared at this Court agreeable to notice to them directed and
offered reasons for their not attending tlie last (_'ourt as Constables,
which were adjudged I)y tliis Court sufficient and their fines were
remitted. Also Jno. Idereal, Sheriff, Alex. Dobbins, Jno. Freeman
and Chas. Polk, jurons.

Then this honorable Court adjoui-ned till tomorrow 9 o'clock.

Friday, June ■2'' 1775.
This Honorable Court met according to adjournment.
And the following Grand Jury was empannelled and sworn, viz:
L Griffith Rutherford 10. John Sloan

2. Moses Winsley 11. William Alexander

3. Geo. Hen. Berger 12. Samuel Young

4. Geo. Davison 13. James .McCay

5. John Coleson 14. John Dickey

6. Moses Moore 15. William Gillbert

7. Samuel Freeman Ki. John Arm.strong
S. James Hunter 17. .James M°Cuiston
9. Ralph Gorrell IS. Charles Polk.

Be it remembered, That tliis day liichard Travillian, Hugh Bow-
man, and Aquilla Sherrell (constables , appeared on notice of a

COLONIAL RECORDS.

sci. fa. fine, entered against them last Court, and showed cause, and
their fines were remitted.

WilHam Sliores, Rice jNIaderas and .James Finley, summoned to
give evidence on behalf of our Lord the King vs. Oliver Wallace
and the subpoena returned executed, the said Witnesses were called
and failed to appear. Ordered by the Court that an attachment for
a contempt issue vs. the said William, Rice and James, returnable
to this Court, for their contempt in not attending agreea]:)le to sum-
mons.

Dom. Rex ^

■vs. Wndictment, An Assault, of last Court.

John Whitacre j

Defendant charged — pleads not Guilty.
The following jury, viz:

1. Will. Davison 7. Buckner Kimball

2. Sam'l Harris 8. Will. Moore

3. Sam'l Reed 9. Fred'k Hamright

4. Charles Robison 10. James IVrintire

■ 5. Sol. Gross 11. John M'lvinney

G. James Pickett 12. James Johnston

being empaneP and sworn on the issue of traverse, find the defend-
ant not guilty.

Tlien this honorable Court adjourned till two o'clock r. m.,

When this honorable Court met according to adjournment.

Several recognizances were returned and entered up as pr. Docket.
Several indictments presented to the Grand Jury, were returned and
docketed, as pr. Docket of Indictments of this Term following.

Dom. Rex ^

vs. ■ Indictment for a Robbery.

Stephen Herring]

The following jury were empanelled and sworn, viz:

1. James Johnston 7. Fred. Hamright

2. Charles Robison 8. Will: Coker

3. William Moore ■ 9. Sam'l Harris

4. SoL'mon Gross 10. John M'Kinney

5. Will. Davison 11. Geo. Cathey
(3. James Pickett 12. Thos. Allison.

Find the Prisoner, Stephen Herring, guilty of the Felony and
Robbery in manner and form as charged in the indictment.

COLONIAL RECORDS.

Motion in arrest of Judgment by W" Kennon, Counsel for the
Prisoner.

Dom. Rex ^

vs. y Indictment for a Robbery.

Jo.seph Pettoway |

The following Jury were empanelled and sworn, viz:

1. William Davison 7. Solomon Gross

2. Will. Coker 8. Fred. Hamright

3. Tho' Ellison 9. Sam'l Harris

4. Charles Robison 10. James Johnston

5. James Pickett 11. Geo. Cathey

6. Will Moore 12. Edward Gillbert

And find the Prisoner Joseph Pettoway guilty of the Robbery in
manner and form as charged in the indictment. Motion in arrest
of Judgment by Counsel for the Prisoner.

Tho' Blair, one of the venire, fined £3 for absenting himself with-
out leave of Court.

Then the Court adjourned till tomorrow 9 o'clock.

Saturday, June 3'''' 1775.

This honorable Court met according to adjournment.

Tho' Blair appeared and his fine remitted.

Sundry recognizances entered into as per Docket of Recognizances.

om.^ ex j Indictment found last Court for passing Coun-

T -D*' . . 1 . terfeit Money.

James Patterson ) -^

Charged and pleads not guilty.

The following Jur}^ was empaneled and sworn, viz:

1. .James Reed 7. Dan'l Gillespie

2. Tho^ Blair S. Will Coker

3. Cha° Robison 9. John Carson

4. Solomon Gross 10. Geo. Cathey

5. Edward Gillbert 11. .James Patterson
G. Sam'l Harris 12. Joseph Hughes

And find the prisoner, James Patterson, not guilty of the Felony
in manner and form as charged in the indictment. Then the pris-
oner was discharged by proclamation and to be. set at liberty on
payment of fees. And the said James Patterson came into Court
and prayed to be admitted to the benefit of an Act of Assembly

COLONIAL RECORDS.

made for the Ijeucfit of insolvent debtors, and took the oath pre-
scribed by said law and was discharged.

Dom. Rex ]

vs. y Indictment for Horse Stealing.

William Woodliff j

Charged and pleads Not Guilty.

The following Jury empanl"* and sworn, viz:

1. Charles Robison 7. James Johnston

2. Sam'l Reed 8. Will Moore

3. Solomon Gross 9. Tho' Blair

4. Dan'l Gillespie 10. John M'Kinny

5. James Pickett 11. Geo. Cathey

6. Will Coker 12. Christopher Eller

And find the prisoner Will. Woodliff not guilty in manner and
foi'm as charged in the indictment.

Afterwards, to-wit, this term the said William Woodliff came into
Court and prayed to be admitted to the benefit of an Act of Assem-
bly made for the relief of insolvent debtors, and having taken the
oath by said Act prescribed was discharged.

Dom. Rex ]

vs. V Indictment for Grand Larcenv.

Thomas Ward j

Charged and pleaded Not Guilty.

The following Jury empannelled and sworn, viz :

1. William Coker 7. James Pickett

2. William Moore 8. Will Davison

3. John M'Kinny 9. Tho' Ilamright

4. Charles Robison 10. Dan'l Gillespie

5. Solomon Gross 11. James Johnston

6. Edward Gillbert 12. Geo. Cathey

And find the defendant Thomas Ward Guilty. And that the
goods charged in the indictment to have been stolen are but of the
value of eleven pence sterling. Then this honorable Court pro-
ceeded to give judgment on the above verdict according to law,
to-wit: That the prisoner Thomas Ward receive 39 lashes on his
bare back, w^ell laid on at the jjublic Whipping Post, and that the
sheriff' of Rowan put this sentence in execution immediately and
that the prisoner be committed till fees and prison charges are paid.

Be it remembered, that sundry indictments were returned l)y the
Grand Jury and docketed as liereafter.

Thesi this lionorable Court adjourned till Monday 8 o'clock.

COLONIAL RECORDS.

Monday June 5"' 1775.

This honourable Court met according to adjournment.

The Jury who pa.ssed on the trial of Oliver "Wallace at June Court
of Oyer 1774 being called ; On examination that they could not
agree on a verdict, and that they did not separate till after that
Court had adjourned, till the December Court following. They are
discharged by this Court without fine.

An attachment of Friday this Term vs. Will Shores, Rice Maderas
and James Finley, is this day returned executed. Parties discharged-

On motion. That a new Inquest should pass on Oliver "Wallace
for that the jury sworn on that trial at June Court of Oyer 1774
departed without giving a verdict. Ruled by the Court a new inc^uest
be awarded. Then the Attorney for the Crown entered a nolle prose-
qui as to the first indictment, and Oliver "Wallace was charged on
an indictment for murder, found by the Grand Jury this term.

Dom. Rex ^

■?'.«. V Indictment for Felony & Murder.

Oliver Wallace j

Charged and pleads Not Guilty.

The following Jury were impanelled and sworn :

1. George Cathey 7 Will. Brandon

2. Fred'' Hamright 8. Joseph Atkins

3. Sam' Harris > 9. Joseph Rogerfe

4. Will. Coker 10. INIichael Holtzhouser

5. Thos. Blair 11. Benj" Robison

6. Henry Sloan 12. Jacob Brown

And find the prisoner at tlie bar, Oliver Wallace, Guilty of tlie
Felony and Murder as charged in the indictment, and that he had
no lands &c.

Motion in arrest of Judgment b}' the Counsel for the prisoner.

Then this honorable Court adjourned till to-morrow at 8 o'clock.

Tuesday June G"" 1775.

This honorable Court met according to adjournment.

Sundry Indictments were returned into Court by the Grand Jury,
and docketed. Also sundry Recognizances acknowledged in Court
by which the parties are bound to appear next Court, as pr. Docket.

COLONIAL RECOEDS.

Dom. Rex ~|

vs. V Indictment for Murder.

David Jones, j

Charged and pleads Not Guilty.

The following Jury empannelled and sworn, viz:

1. James Pickett 7. Solomon Gross

2. Edward Gillbert 8. Will. Davison

3. Fred'' Hamright 9. Thomas Blair

4. Charles Robison 10. Will. Coker

5. Sam' Harris 11. James Johnston

6. John M°Kinny 12. John Trite

And find the Prisoner David Jones Not Guilty of the felony and
murder in manner and form as charged in the indictment.

David Jones was discharged by proclamation.

Ordered that an attachment issue vs. John Oneal for a contempt
in not attending this Court and giving evidence on behalf of our
Sovereign Lord the King according to subpoena against him returned
here executed.

Ordered by the Court that the friends of Oliver Wallace, Joseph
Pettoway and Stephen Herring be admitted, one at a time to visit
them in Gaol, and that the Sheriff attend and be carefuland search
all persons before they are admitted.

Ordered by the Court that a silver watch the property of John
M'Farland, found with Joseph Pettoway and now in the hands of
John Shields, be restored to the said John M°Farland on his making
oath to his property.

The Sheriff of Mecklenburg County is excused from the fine laid
on him of Thursday of this Term.

On motion of the Attorney for the Crown, Oliver ^\'allace, con-
victed of Murder, Joseph Pettoway and Stephen Herring, convicted
of Robbery, were brought to the bar of the Court, and each being
required to show reason why sentence should not be passed against
them according to law, Reasons were adduced by the counsel for the
prisoners and overruled by the Court.

Then this honorable Court proceeded to pass sentence on Oliver
Wallace, Joseph Pettoway and Stephen Herring, in the following
manner :

That you Oliver Wallace be taken from hejice to the place from
whence you came and from thence to the place of execution and
there to be hanged by the neck till you are dead, dead, dead.

COLONIAL RECORDS.

That you Josepli Pettoway be taken from hence to the place from
whence you came, and from thence to the place of execution, and
there to be hanged by the neck till you are dead, dead, dead.

That you Stephen Herring be taken from hence, to the place from
whence you came and from thence to the place of execution and
there to be hanged by the neck till you are dead, dead, dead.

And that the Sheriff of Rowan put this sentence in execution on
Friday the 30"' day of June Instant between the hours of eleven in
the forenoon and four in the afternoon of the same day, and that
the posse of the County of Rowan attend and guard at the execution.

Then this Honorable Court adjourned till the 1" day of Decem-
ber next.

[From MS. Records ix Office of Secretary of State.]

Proceedings of the Safety Committee in RoMan County.

.June 1'' 177o.

At aTnieeting of the Committee on th.e 1^' of June 1775.
Samuel Young, Chairman.
James Macay, Clerk.

Resolved, That Messrs George Cathy and John Montgomery carry
an Express to Col. Walker requesting him to take into his possession
a certain Quantity of powder now in possession of Comrade Hilde-
brand, and on his Refusal to act agreeable to his Majestys Proclama-
tion and the Acts of Assembly of this Province, that the Bearer of this
Rec[uest immediately return his answer to Will. Berry, that he return
it to Chris"' Beak man, and in case of refusal he do forthwith take in
possession the said powder, or take sufficient Securitj' of said Hilde-
brand that he will not remove said powder out of the County, or
sell it to our enemies, nor take advantage of the present difficulties
by raising the price on those who purchase of him.

Resolved, That Messrs Sam. Young and Christ" Beakman and
James Macay be a Committee to draw up an address to the several
Militia Companies of the County to be signed by them.

Resolved, That Robert King, John Oliphant and David Caldwell
settle with ^ilaxwell Chambers, the former Treasurer.

Resolved, That the sum of two pounds be collected from each Com-
pany to defray the expense of the Delegates for the Continental

10 COLONIAL RECORDS.

and Provincial Congresses, and tliat the surplus money be applied
to the contingent expenses of the common cause.

Resolved, That M' Sam. Young be Treasurer, that lie receive the
sums raised of each Company, and that he pay the several Delegates
for their services.

Resolved, That Maxwell Chambers be publicly advertised in the
Soutlt Carolina Gazefte as an Enemy to the common cause of Lili-
erty, for raising the price of his goods higher than he sold at a year
past, contrary to the Direction of the Continental Congress.

Resolved, That Hugh Montgomery be brought before this Com-
mittee, to answer a charge of selling Powder at a higher price than
had been set on it by this Committee.

Let it be remembered that M' Montgomery on his appearance
generyusly acknowledged his Trespass of the Resolve, and declared
his Intention to do so no more.

Resolved, That the several Militia Companies raise such Sums of
Money as may .serve their several purposes in case of any Emer-
gency, that part of said sums be applied in providing powder and
Lead that they may be provided against the Incursions of the
Indians on the frontier which seems at present probable.

Resolved, That James Macay be Clerk of thi& Committee, and act
as such during pleasure.

An Addre.ss to tlie Several Militia Captains and their Companies.

Gentle.micx,

We, his Majesty's Loyal subjects the Committee of the County of
Rowan propose to your Consideration and Assent, the following
things :

That his Majesty George the third is lawful and rightful King of
Great Britain and the Dominions thereunto belonging.

That by the Constitution of our Government we are a free People,
not subject to be taxed by any power but that of that happy Con-
stitution which limits both Sovereignty and Allegiance, which
defends us from being taxed by any Man or set of Men without Rep-
resentation and Consent, and declares it illegal for any to dispose of
others property in a different way.

That it is our Duty to defend the Succession of his present Majesty
and the illustrious Hanoverian line — likewise the happy Constitu-
tion under which we live, and that it is our Duty to Surrender our

COLONIAL RECORDS. 11

lives, before our Constitutional privileges to any set of Men upon
earth. "We bespeak such of you as may be of a diflerent Opinion
to consider the Bill of Rights and the Compact on whicli the Con-
stitution is founded, that you may see to wliat end different princi-
ples may lead.

Each Captain and such of his Company as tliink it their Duty to
hand down unimpaired to posterity the Rights and Privileges tlieir
ancestors through seas of Blood handed down to tliem, are desired
to join their hands hereto.

To THE COM.MITTEE OF THK ColXTY OF MeCKLEXRURG,

Gentlemen, the alarming state of American freedom being in the
Consideration of all Committees from the Continental Congress now-
sitting at Philadelphia, to the smaller kind through the Provinces,
We a Committee for the County of Rowan now at Salisbury desiring
a communication to be lield up betwixt the several Committees that
the greater unity may he in supporting the common cauee, in par-
ticular desiring the correspondence of your Committee considering
our profession and intention for protestantism are the same, we
request that we may have an account of your proceedings, promis-
ing you a like Return. We beseech you likewise that with us you
would lift your Hearts in undissembled prayers to the Disposer of
all Events, that He would by his providence interpose against
the Counsels of designing Men, tliat we may have our Constitution
as contained in the Magna Charta, the charter of tlie forest, the
Habeas Corpus Act and the charter we brought over with us handed
down unsullied to posterity, and that under God the present House
of Hanover in legal succession may be the Defender of it.

By order of the Committee. Signed by

" JAMES MACAY, Clk.

[Reprinted from American Archives. Vol. 3. P. 924.]

Extract of a Letter to a Gentleman in New York, dated North Caro-
lina, June 7, 1775.

We are much alarmed liere witli the intentions of Administration ;
and unless affairs take a turn in our favour very shortly, we shall
expect the worst effort of its villainy, that of sjiiriting up an enemy

12 COLONIAL RECORDS.

among ourselves, from whose barbaritj', if roused, the most dreadful
consequences will follow. Our Governour has sent his family to
New York, and being greatly disgusted with the people of Newbern,
has taken up his residence in Fort Johnston, at the mouth of Cape
Fear River, which he has chosen as a place of retreat from popular
complaints.

Our brethren in the Colonies may be assured that we never shall
be bribed, by tlie benefit of an exclusive trade, to desert the common
cause.

[From MS. Recoeds in Office of Secretary of State. J

Proceedings of the Safety Committee at Wilmington.

Tuesday, June 7"', 1775.

At an occasional meeting of the Committee.

Present: Cornelius Harnett, Esq., Chairman; Arch. McLaine, Jno.
Quince, James Walker, Jno. Ancrum, Wm. Purviance, Jno. Robeson,
Andrew Ronaldson, James Blythe, William Ewins, Rob't Hogg.

W^hereas the Continental Congre.ss did resolve, in the words fol-
lowing, viz:

And we further agree and associate that we will have no trade,
commerce, dealings or intercourse whatever with any colony or prov-
ince in North America which shall not accede to or shall hereafter
violate this association, and whereas the Parliament of Great Britain
in pursuance of their plan for subjugating and distressing the colonies
have pa.ssed a bill for depriving our Brethren in New England of
the benefit of fishing on their own coasts, therefore resolved that
all exportations from this town and county for the Army and Navy
in America, Newfoundland or to the Northern colonies from whence
any supplies of provisions can be had for these purposes, ought in
the opinion of this committee immediately to be suspended, and
that it be accordingly recommended to ever}' merchant immediatel)'
to suspend all exportations to those places, until the Continental
Congre.ss shall give further orders therein.

Paid to James Harper his account for two expresses sent b}' him
to Brunswick and Newbern, £4.0.0.

The committee then adjourned to the next meeting,

COLONIAL RECORDS. 13

[Reprinted from American Archives, Vol. 3. Page 933.]

Petition of Donald APLeod, Esquire.

To THE HONORAIILE GENTLEMEN OF THE CONGKESS FOR THE CoLONY

OF New York in body convened:

The Petition of Donald M°Leod, Esquire, late from Scotland, most
humbly sheweth :

That yesterday your said petitioner presented a petition before
this honourable body, and as to the contents of which he begs leave
to give reference. That since, a ship arrived from Scotland with a
nufliber of Highlanders passengers. That your petitioner talked
to them this morning, and after informing them of the present
state of this as well as the neighboring Colonies, they all seemed
to be very desirous to form themselves into companies wi^h the pro-
viso of having liberty to wear their own country dress, commonly
called the Highland habit, and moreover to be under pay for the
time they are in the service for the protection of the liberties of this
once happy country, but by all means to be under the command
of Highland Officers, as some of them cannot speak the English
language. That the said Highlanders seem very desirous of being
commanded by your petitioner, provided an answer shall be given
them very soon, as their intention is not to stay here any considera-
ble time. That the said Highlanders are alread}' furnished with
guns, swords, pistols and Highland dirks, which in case of occasion
is very necessary, as all the above articles are at this tnne very diffi-
cult to be had. Therefore may it please your Honours to take all
and singular the premises under your serious and immediate con-
sideration ; and as your petitioner wants an answer as soon as jjossi-
ble, he further prays that as soon as they think it meet, he ma}' be
advised. And your petitioner, as in duty bound, shall ever pray.

DONALD APLEof).

City of New York, .June S"" 1775.

14 COLONIAL RECORDS.

[Fro.m MS. Records in Offile of Secret.^ry of State.]

Letter from the Safety Committee in Newberii to Sam' Johnston Esq.

New Bekx the S''' June 1775.

The Committee of Craven County and Town of New Bern agree
in opinion with our Southern friends in calling a Convention as
soon as convenient. Also joyn Avith them and this province in
general for condolence for the loss of our old friend Col. Harvey
regretting the loss as they do. [See p. ]285, Vol'. IX. — Editok.]

In Craven Committee. R. COGDELL, Chairman.

[On tlie same sheet is the following note Ironi R. C. — -Editor.]

You have herewith enclosed a copy 'of a letter from Mr Caswell
to Col. Thonjpson at Beaufort by a vessel from Philadelphia. Also
send you the late proceedings of our Committee & our Association,
which is now signing in every part of this county & our militia are
forming into companys and choosing their officers. The Governor
has left the town and gone it is said to spend some time with Mr
Hasell. We have sent the same proceedings to every county in
the province, a few days ago those for Edenton and their neighbor-
ing eountys were sent forward by a person who was going into Bertie
countv. R- C.

[From MS. Records in Office op Secretary of State.]

Proceedings of the Safety Committee in Pitt County.

^L\RTl^•BoKouo^ 10"' June 177r).

The Committee tlien Met.

Present, John Simpson, chairman ; John Hardee, Robert Salter,
James Lanier, Jas. Lockheart, George Evans, Jas. Gorliam, Edmund
Williams, Benjamin May, William Robeson, Amos Atkinson and
William Ihyant.

Whereas it is thought expedient that a number of Members be
added to the present Committee,

Ordered, that the chairman give notice to the i'reeholders of the
countv to meet at the House iif John Lesslio in .Mailinborough on

COLONIAL RECORDS.

15

tlie 23'' Listant, tlien and there to elect ami choose such persons as
tliey may think proper for carrying into Execution the Resolves of
the Congress.

The Resolves of the Craven County Committee were produced &
read, which were then approved of by this Conmiittee.

The Committee then adjourned to the 23'^ of this Inst.

[FR'^m MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at \\'ilmington.

Wji mixgtox, June 12''' 1775.
I do voluntarily and solemnly swear, u|)on the Holy Evangeli.sts
I if Almighty- Cod, that I will not reveal or make known to any per-
son or persons whatsoever, any Intelligence, circumstauce, matter
or thing, which the majority of the Committee present shall think
necessary to conceal, and which the Committee by the Chairman,
Deputy Chairman, or other pre.siding member shall order and direct
to be ke])t secret.

JOHN QUINCE

JAMES GRANT

TIMOTHY BLOOD WORTH

THOS. BLOOD WORTH

W'" PURVIANCE

FRED" JONES

W" ROBESON

JOHN COLVIN

RICH^ QUINCE J^

J NO. ROBESON

SAMPSON MO.-ELEY

THOS. BROWN

Til OS. OWEN

FAITH. GRAHAM

SAM. ASHE

JOHN DEVANE
CORN' HARNETT
R. HOWE
J. A. MOORE
FRANCIS CLAYTON
JOHN ASHE
JOHN ANCRUM
SAM. MARSHALL
JAS. BLYTHE
A. MACLAINE
THOS. CRAIKE
WILLIAM EWINS
ANDREW RONALDSON,
JAMES WALKER
ROBT. HOGG

16 COLONIAL RECORDS.

[Repeinted from the American Archives. Vol. 3. P. 974 ]

Copy of the Litercepted Letter from Governor Martin to Henry
White.

Cape Fe.\r, North Carolix.a, June 13, 1775.
My Dear Sir:

I take the liberty to enclose herewith a letter to Mrs Martin,
whose safe arrival I am most anxious to learn, the winds having
been easterly almost ever since her departure.

I shall be extremely obliged to you if you can contrive to send
me, with the royal standard I mentioned to you some time ago, or
without it if that is not to be had, a good tent and markee, of the size
of the Colonel's tent in the Armj', witli a tent-bed to fit the boot of
it, and furniture, viz: mattres.s, bolster and pillows; to be sent by
any vessel bound to Cape Fear River, or in default thereof to New-
bern, directed to the care of Mr Cornell.

I should rejoice to see a prospect of a happy termination of the
present deplorable times, that more or less threatens the happiness
of every man throughout the British Dominions.

My compliments and warmest good wishes attend yow and Jtlrs
White and all your family — and I am, dear Sir, ever yours,

JO. MARTIN.

The Honourable Henry White Esq., New York.

P. S. I forbear to give you your due additions on the outside of
my letter, to obviate prying curiosity.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 3-33.]

A Proclamation by Governor Martin.

Whereas I have received certain Information that sundry ill dis-
posed persons have been, and are still going about the County of
Brunswick and other counties of this Province, industriously j)ropa-
gating false, seditious and scandalous reports, derogatory to the
honor and ju.stice of the King and his Government, tending to
excite the most unnatural jealousies and suspicions to create discord
among the People, and to alienate their atlections from His Majesty,

COLONIAL RECORDS. 17

giving out that the Parliament of Great Britain and the King's
Ministers have formed designs to enslave His Majestys American
subjects, by imposing upon tliem grievous and intolerable taxes,
without the consent or participation of their Representatives in
General Assembly, by vacating the Royal Grants under which the
people hold their lands, and by depriving them entirely of the use
and benefit of provincial Assemblies, and all other the Rights and
Privileges, they have heretofore enjoyed.

And whereas, I have undoubted information, that these evil
minded persons, by such, and numberless other, most wicked, vile,
false, and inflammatory suggestions, and insinuations, of the like
nature, are endeavouring to engage the People to subscribe papers
obliging themselves to be prepared with Arms, to array themselves
in companies, and to submit to the illegal and usurped authorities
of Committees, covering their flagitious, and abominable designs
with pretended apprehensions of intestine insurrections, and profes-
sions of duty and allegiance to the King, in order the more effectually
to deceive and betray the innocent and unwary people into the most
flagrant violations thereof.

And whereas, among other wicked devices, calculated to mislead
and impose upon the People, it is attempted to infuse into their
minds the belief that the Parliament and His Majesty's Ministers are
pursuing measures against America contrary to the sense of His
Majesty, and subversive of his Government; and that the illegal
combinations which the People are invited to enter into are intended
to support His jMajesty against the evil designs of the said Parlia-
ment and jNIinisters.

And whereas the incendiaries who spread these false and seditious
reports, where they fail by such base deceits and artifices to seduce
His Majesty's Loyal and faithful subjects to join in their licentious
and criminal combinations proceeded to the extravagance of tlireat-
ening individuals with tarring and feathering, with seizing their
lands and properties and making division thereof among the
deluded followers, and menacing them even with death, if they
should persevere in their duty to their sovereign, and the laws of
their Country, to the great terror and dismay of many of His Maj-
esties said loyal and faithful Subjects; I have thought it proper, and
indispensiblj^ necessary, in discharge of my Duty to the King and to
His Majesties Subjects within this Province, to issue this Proclama-
tion, to prevent their being misled to ruin and destruction, by such

VOL. X — 2

18 COLONIAL RECORDS.

false, seditious, infamous and groundless reports and suggestions,
that are the base contrivances of desperate, unprincipled, ignorant
and abandoned men, to make the People instrumental to the horrid
purposes of their own lawless ambition, to which they are seeming
to sacrifice the dearest Rights and Privileges of the People, while
they are pretending to defend them from invasions and encroach-
ments that are meditated only by themselves. And I do hereby
solemnly assure His Majesty's Peoj^le of this Province, that the
King, His Parliament, and Ministers, so far from being divided in
their councils as has been falsely represented to the People by fools
of faction, are in the strictest harmony, and pursue the plans con-
certed for the safety and welfare of the Empire, with the utmost
unanimity and firmness. That with regard to taxation in America,
it appears by a late resolution of the House of Commons, which has
been made public, to be the sense of that Branch of the British
Parliament, that the King's Subjects in the Provinces of America
should be required to tax themselves by their respective General
Assemblies, only their contingent proportions towards defraying the
charge of the general defence of the British Empire, according to
their several circumstances and abilities, and for their own civil
Government and the Administration of Justice, the generosity and
equity of which propositions, founded on the equal protection that
the fleets and armies of His Majesty afford to the Subjects in the
Euroj^ean and American Dominions, can never be denied, nor such
contribution refused, upon any principle of reason or justice, by the-
People of America, while they wish to enjoy the blessings of the
British Constitution, and the advantages of British Trade, that can
only be preserved by the superior power and strength of the Empire
and its constant readiness to resist the attemjDts of the jealous and
powerful states of Europe, that are ever vigilant to reduce her power,
and to abridge her commerce, which is the gi'eat source and sup-
port of it. And I do further assure the good People of this Prov-
ince that there is nothing more foreign to the intentions of His
Majesty, Plis Parliament and Ministry, than the designs, falsely
and groundlessly imputed to them, of vacating the Royal Patents,
under which the King's Subjects hold their lands, and of resuming
the same, and of depriving them of the use and benefit of Gen-
eral Assemblies; and that such reports are base artifices, calcu-
lated by the promoters of sedition, to seduce the peojile from their
Duty, and to delude them into their dangerous combinations and

COLONIAL RECORDS. 19

confederacies which are repugnant to every idea of liberty, and sub-
versive of the British Constitution. And I do moreover think it
my duty, in tenderness to the people of this Province, and to pre-
vent their being deceived and deluded by the tools of sedition, to
their ruin and destruction, to declare to them that they can only
hazard the loss of their lands by following the wicked and pernicious
counsels of the abandoned inventors of those unparalleled false-
hoods, which are contrived to involve them in crimes of the most
dangerous nature that will inevitably expose them, not only to the
forfeiture of their lands and properties, but to the loss of life, and
everything they hold dear and valualjle.

Wherefore I do most earnestly exhort and advise all His Majesty's
liege Subjects within this Province, firmly and steadfastly to with-
stand and resist all attempts of the seditious to seduce them from
the duty and allegiance they owe to His Majesty, and the Laws,
and Constitution of their Country; and that thej' do by no means,
degrade themselves by submitting to the Regulations of Committees,
or any other such illegal, usurped, unconstitutional authorities what-
soever; Hereby most solemnly pledging myself to the people of this
Colony for His Majesty's most gracious protection of all his dutiful
and faithful Subjects, in the free and full enjoyment of all their
constitutional Rights, liberties and privileges; and I do hereby
strictly charge and command all His Majesties Justices of the Peace,
Sheriffs and other officers and Ministers to be aiding and assisting
•to the utmost of their power, in counteracting and opposing all Pro-
moters of Sedition, and Disturbers of the Peace and tranquility of
this Colony.

Given under my Hand and the Great Seal of the said Province,
at Fort Johnston, this sixteenth day of June 1775, and in the
fifteenth year of His Majesty's Reign.

JOSIAH MARTIN.

By His Excellency's Command,

Alexander Maclean pro. James Biggleston, D. Sec.

God save the King.

20 COLONIAL RECORDS.

[B. P. R. O. Am. & W, IND. No. 233.]

Address of the North Carolina delegates in the Continental Con-
gress to the Committees of the several Towns and Counties of
the Province of North Carolina appointed for the purpose of
carrying into Execution the Resolves of the Continental Congress.

Gentlemen,

When the liberties of a People are invaded, and Men in authority
are laboring to raise a Structure of Arbitrary Power upon the Ruins
of a free Constitution; when the first Minister of Britain exerts
every Influence that private address or public violence can give
him to shake the Barriers of personal Security and private Prop-
erty it is natural for us Inhabitants of America deeply interested in
the event of his Designs to be anxious for our approaching Fate
and to look up to the Sources which God and the Constitution fur-
nish to ward off or alleviate the impending Calamity.

Thus circumstanced the Inhabitants of the United American
Colonies by their Representatives met in Congress at Philadelphia
in September last devised a plan of commercial Opposition as a
peaceful Expedient to bring about a Reconciliation with the parent
State upon Terms constitutional and honorable to us both. A
most humble and dutiful Petition to the Throne accompanied it.
The first of these has not had sufllcient time to work the Effect
proposed by it. The latter however flattered with a gracious recep-
tion upon the first Introduction to the Throne was afterwards buried
in a- Mass of useless Papers upon the Taljle of the House of Com-
mons and shared the common Fate of American Remonstrances
and Petitions — to be rejected and forgot.

To the woeful Catalogue of Oppressions recited in the Proceed-
ino's of the late Congress are now superadded Bills passed in Par-
liament for prohibiting the Fishery of the New England Colonies
and restraining the Trade of other Colonies to Great Britain
Ireland and the British West Indies. The Minister still continues
to pour Troops into the Town of Boston. Some have lately arrived
and many more are hourly expected, thus reducing that once flour-
ishing City to a Garrison dealing out from thence his Instruments of
Tyranny and'oppression to overawe and enslave the other Colonies_
His Designs have hitherto proved unsuccessful. Heaven seems to

COLONIAL RECORDS. 21

have assumed the protection of the injured insulted Colonists and
signally to have appeared in their Favour: when in the last Battle
at Lexington six hundred raw, undisciplined Provincials defeated
eighteen Hundred regular Troops and pursued them into their
Camp.

No engagements are sufficiently sacred to secure the performance
of them when the Fears or Expectations of the General make it
convenient for him to dispense with them. After the most solemn
Comj^acts to the contrary the Lihabitants of the Town of Boston
are doomed to suffer the most abject distress from the want of the
common necessaries of Life confined within the Walls of the City
and not permitted to seek a Refuge amongst their neighbors in the
Country. These are the miseries which they suffer for their brave
Defence of the common cause of British America. They were des-
tined as a first victim to ministerial Tyranny. But Fellow Subjects
think not that his Schemes are to end here. No, if success should
strengthen his hands the Inhabitants of the Southern Colonies
would soon feel the Weight of his Vengeance.

The Provinces of New Hampshire, Rhode Island and Connecticut
in Imitation of their Massachusetts Brethren, have enlisted Bodies
of Troops preparing for the last Extremity and determined to live
free or not at all. New York has to the disgrace of those who would
represent her as inimical to the Liberties of America boldly stood
forth determined to brave every Extremity rather than submit to
the Edicts of a ilinister or desert the protection of their constitu-
tional Rights and Privileges ; New Jersey, Pennsylvania and the
Provinces to the Southward have taken an honorable share in the
line of Defence armed and equipped to avert the Calamity, dreading
a civil War as the most awful scourge of Heaven and to plunge
their swords in the breasts of their Fellow Subjects as the greatest
of all human Calamities and the most painful Exertions of human
Fortitude, but determined at all Events to suffer the Excess of
human Misery rather than be brought to the. feet of an insulting
jNIinister.

North Carolina alone remains an inactive Spectator of this general
defensive Armament. Supine and careless, she seems to forget even
the Duty she owes to her own local Circumstances and Situation.
Have you not Fellow Citizens a dangerous Enemy in your own
Bosom and after Measures whicli the Minister has condescended to
in Order to carry into Execution his darling Schemes do you think

22 COLONIAL RECORDS.

he would hesitate to raise the hand of the servant against the mas-
ter? Doctor Johnston a pensioned Tool of the Ministry in a Pam-
phlet intituled "Taxation no Tyrannj'," speaks the Intentions of
Administration in a language too plain to leave anything to doubt.
The Slaves should be set free, an "Act which the Lovers of Liberty
must surely commend, if they are furnished with arms for defence
and utensils for Husbandry and settled in some simple form of
Government within the Country they may be more honest and
grateful than their Masters," are the words of this prosiituted Court
Favourite.

Have we not been informed that the Canadians are to be
embodied and the Indians bribed to ravage the Frontiers of the
Eastern Colonies ? Lias not General Carlton already given a speci-
men of his power by forming a Canadian Regiment of Men inimical
to our Liberty and Religion ? Can you think that your Province is
the singular object of ministerial favour and that in the common
crush it will stand secure? Be assured it will not. The Bait the
Minister has thrown out to you is a delusive one, it leads to Destruc-
tion. Have you not by various public Acts declared your resolution
not to be bound to ministerial Shackles, but that you will live in
a free Constitution or perish in the Ruins of it? Do you imagine
that after this you are his Favourites ? You are not. Do you ask why
then you are exempted from the Penalties of the Bill restraining.
Trade ? The Reason is obvious — Britain cannot keep up its Xaval
Force without j'ou ; you supply the very sinews of her strength.
Restrain your Naval Stores and all the Powers of Europe can scarcelj'
supply her ; restrain them and you strengthen the hands of America
in the glorious contention for her liberty. Through you the -Minis-
ter wishes to disunite the whole Colonial Link; we know your virtue
too well to dread his success; you have the Example of New
York to animate you, she spurns the proffered Boon and views the
exemption of that Province from the Restraining Bill as the Smiles
of a Minister who looks graciously in her face while he stabs her to
the heart.

It becomes the duty of us in wh^m you have deposited the most
sacred trusts to warn you of your danger and of the most effectual
means to ward it off. It is the Right of every English Subject to
be prepared with Weapons for his defence. We conjure you by the
Ties of Religion Virtue and Love of your Coftntry to follow the
Example of your sister Colonies and to form yourselves into a

COLONIAL RECORDS. 23

Militia. The Election of the officers and the Arrangement of the
men must depend upon yourselves. Study the Art of Military with
the utmost attention, view it as the Science upon which your future
security depends.

Carefully preserve the small quantity of gunpowder .which you
have amongst you ; it will be the last Resource when every other
means of Safety fail you — Great Britain has cut you off from fur-
ther supplies. We enjoin you as you tender the safety of your-
selves and Fellow Colonists as you would wish to live and die free
that j'ou would reserve what Ammunition j^ou have as a sacred
Deposit. He in part betrays his Country who sports it away, perhaps
in every Charge he fires he gives with it the means of preserving
the life of a fellow being.

We cannot conclude without urging again to you the Necessity
of arming and instructing yourselves to be in readiness to defend
yourselves against anj^ violence that may be exerted against 3'our
Persons and Properties. In one word fellow subjects the ^Crisis of
America is not at a great distance. If she falls Britain mu.st go Hand
in Hand with her to Destruction. Everything depends upon 3'our
present Exertion and prudent perseverence, be in a state of Readiness
to repell every stroke that though j-ou must wound and endanger
her, strengthen the hands of civil Government by resisting every
Act of lawless power, stem Tyranny in its commencement, oppose
every effort of an Arbitrary Minister and by checking his licentious-
ness preserve the liberty of the Constitution and the honor of your
sovereign, look to the reigning Monarch of Britain as your rightful
and lawful sovereign, dare every danger and ditfi-cultj' in support of
his person crown and dignity and consider eveiy man as a Traitor
to his King who infringing the Rights of his American Subjects
attempts to invade those glorious Revolution j^rinciples which placed
him on the Throne and must preserve him there.

We are Gentlemen
Your most obedient and very humble servants

^VILLrAM HOOPER
• .JOSEPH HEWES

RICHARD CASWELL.

Philadelphia June 19'^ 1775.

24 COLONIAL RECORDS.

[From MS. Records in Office op Secretary of State.]

Proceedings of the Safety Committees for tlie District of Wilmington.

At a general meeting of the several committees of the District of
Wilmington held at the Court House in Wilmington, Tuesday the
20th of June, 1775.

For the County 'of New Hanover — Present: Cornelius Harnett,
Francis Clayton, George Moore, sen., Jno. Ashe, Jno. Quince, Wm.
Ewins, James Walker, James Blythe, John Devane, Wm. Jones,
Long Creek, Wm. Jones, W. T., John Ancrum, James Moore, Rob't
Hogg, Alexander Lillington, Wm. Robeson, Sam. Swann, Fred.
Jones, sr., Jno. Colvin, Jno. Hollingsworth, Sam. Ashe, Geo. Mer-
rick, And'w Ronaldson, Arch'd Maclaine, James Wright, Jno. Mar-
shall, Sampson Moseley, Tho. Devane.

For the County of Brunswick — Rich'd Quince, ser., Rob't Howe,
Thos. Davis, Rob't Ellis, Rich'd Quince, jr., Parker Quince, Wm.
Lord, AVm. Cains, Tho. Allen, Step. Daniel, Wm. Davis, James
Bell.

For Bladen County — Nath'l Richardson, Thos. Owens, Walter
Gibson, Thos. Brown, Faithful Graham.

For Duplin — Charles Ward.

The Committee having met agreeable to summons, they proceeded
to choose a Chairman ; accordingly Richard Quince, Sr. was unani-
mously chosen. .

A letter from the Committee of Cross Creek was read, and an
answer was ordered to be wrote by the Chairman to the said
letter.

The Governor's Proclamation, dated at Fort Johnston, the 16th
inst. was ordered to be read.

On motion. Ordered that a committee be appointed to answer the
said Proclamation; and that Robt. Llowe, Arch. McLaine, and
Samuel Ashe, be a committee for that purpose.

On motion, for leave to ♦Elletson to import his house

servants from Jamaica, not exceeding six in number.

It was carried against the motion, by a great majority.

The Committee then adjourned to 10 o'clock to-morrow.

COLONIAL RECORDS. 25

Wednesday, 10 o'clock.

The committee met according to adjournment.

On motion, ordered, That CorneHus Harnett be appointed to
write to the committee of Cumberland County, to secure the Gun-
powder that may be in that county, for the use of the public :

On motion. For the more elTectually disarming and keeping the
negroes in order, within the County of New Hanover,

It was, unanimously agreed, by the members of the committee,
for said county, to appoint Patrols to search for, and take from
Negroes, all kinds of arms whatsoever, and such guns or other
arms found with the Negroes, shall be delivered to the Captain of
the company of the District in which they are found — to be dis-
tributed by the said officers, to those of his company who may be
in want of arms, and who are not able to purchase: and that the
following persons be Patrols, as follows :

From Beauford's Ferry, to the end of Geo. Moore's District —
Sam'l Swann, Thos. Mosely, Geo. Palmer, Henry Beauford, Wm.
Robeson, Luke Woodward.

Burgaw — Sampson Moseley, William Moseley, Jno. Ashe, jr.

Black River — Geo. Robeson, Thos. Devane, Jno. Colvin, Thos.
Corbit, jr., Benjamin Robeson, James Bloodworth.

Welch Tract — Barnaby Fuller, Geo. McGowan, Wm. Wright,
Martin Wells, Morgan Swinney, David Jones.

Beatty's Swamp, to Perry's Creek — Elisha Atkinson, Bishop
Swann, Aaron Erskins, Peter jNIcClammy, Jno. Wa'tkins, Edmond
Moore, Jno. Lucas.

Perry's Creek to Baldhead — James JMiddleton, Charles Morris,
Jno. Nichols, Samuel Marshall, Joseph Nichols, James Ewihg, George
Stundere, Jas. Jones.

Long Creek — Wm. Jones, James Ratcliff, John Kenner, Thos.
Bloodworth, Wm. Heunepy, Jno. Marshall.

liolly Shelter — Thos. Jones, Edward Doty, Henry Williams,
Thos. Simmons, .Jno. Simmons, Joshua Sutton.

Resolved, That the following Association, formerly agreed by the
Committee of New Hanover county, stand as the Association of this
Committee, and that it be recommended to the inhabitants of this
District, to sign the same, as speedily as possible, and that the same,
with this Resolution, be j^rinted in the public Newspaper.

26 COLONIAL RECORDS

Association.

Unanimoushj agreed to, by the inhabitants of Neiu Hanover County,
in North Carolina, 19th Jtme, 1775.

The actual commencement of Hostilities against this Continent
by the British Troops, in tl:ie bloody scene, on the 19th April last,
near Boston: The increase of arbitrary impositions from a wicked
and des2:)otic ministry; an-d the dread of instigated insurrections in
tlie colonies, are causes sufficient to drive an oppressed people to the
use of arms. "We, therefore, the subscribers, inhabitants of New
Hanover County, having ourselves bound hj the most sacred of all
obligations, the duty of good citizens towards an injured couiitiy;
and, thorouglily convinced that, under our present distressed cir-
cumstances, we shall be justified, before God and j\Ian, in resisting
force by force: Do unite ourselves under ever}" tie of religion and
honor and associate as a band in lier defence against every foe;
hereby solemnlj' engaging that wiienever our Continental or Pro-
vincial Councils shall decree it necessary we will go forth and be
ready to sacrifice our lives and fortunes to secure her freedom and
safety. Tliis obligation to continue in full force until a reconcilia-
tion shall take place between Great Britain and America, upon con-
stitutional principles, an event we most ardently desire and we will
hold all tho.se persons inimical to the liberties of the Colonies, who
shall refuse to subscribe this Association. And we will in all things,
follow the advice- of our Committee, resiiectiug the purposes afore-
said, the preservation of peace and good order, and the safety of
individuals and private property.

The Coitimittee appointed to answer tlie Governor's Proclamation,
of the 16th inst., returned the following answer, which was read
and ordered to be printed in the public jiapers and in hand bills.

At a General meeting of the several committees of the District of
Wilmington, held at the Court-house, in Wilmuigton, Tuesday, 20th
June, 1775.

Whereas, his Excellency, Josiah Martin, Escj., hath by Proclama^
tion, dated at Fort Johnston, the^l6th day of June, 1775, and read
this day in the committee, endeavored to persuade, seduce, and
intimidate the good people of the province, from taking measures
to preserve those rights, and that liberty, to which, as the subjects
of a British King, they have the most undoulited claim, without
which, life would be but futile considerations, and which therefore.

COLONIAL RECORDS. 27

it is a duty they owe to themselves, their Countrj', and posterity, by
every effort, and at every risk, to maintain, support, and defend
against anj' invasion or encroachment wliatsoever.

And whereas, manj^ unconstitutional and oppressive acts of Par-
liament, invasive of every right and privilege, and dangerous to the
freedom of America, have laid the people of this colony under the
fatal necessity of appointing committees for the several Districts,
Towns, and Counties of this province, who were instructed, carefully
to guard against every encroachment upon their invaluable rights,
and steadily oppose the operation of those unconstitutional acts,
framed by a wicked administration entirely to destroy the freedom
of America : and as among other measures, those committees found
it absolutely necessary, either by themselves, or by persons appointed
under them, to visit the people and fully to explain to them the
nature and dangerous tendency of those acts, which the Tools of
administration, were by everj^ base art, endeavoring to prevail upon
them to submit to : and as his Excellency has endeavored by his
Proclamation, to weaken the influence,- and prejudice the characters
of those Committees, and the persons appointed under them, b}^
wantonly, cruelly, and unjustly, representing them as ill-disposed
people, propagating false and scandalous reports, derogatory to the
honor and justice of the King; and also, by other illiberal and
scandalous imputations expressed in the said Proclamation : We,
then, the Committees of the counties of New Hanover, Brunswick,
Bladen, Duplin and Onslow, in order to prevent the pernicious
influence of the said Proclamation, do, unanimouslj^ resolve, that
in our opinion, his Excellency Josiah Martin, Esq, hath by the said
Proclamation, and by the whole tenor of his conduct, since the
unhappy disputes between Great Britain and the colonies, discovered
himself to be an enemy to the happiness of this colony in particu-
lar, and to the freedom, rights and privileges of America in general.

Resolved, nem. con. That the said proclamation contains many
things asserted to be facts, which are entirely without foundation ;
particularly the methods said to have been made use of, in order to
compel the people to sign an Association against any invasion,
intestine insurrection, or unjust encroachments upon their rights
and privileges; no person having signed such Association but from
the fullest conviction that it was essentially necessary to their free-
dom and safetv: and that if his Excellencv founded such assertions

28 COLONIAL RECORDS.

upon information, it must have been derived from jaersons too weak
or wicked to have any claim to his credit or attention.

Resolved, nem. con. That it is the opinion of this Committee, that
America owes much of its present sufferings to the information given
by Governors and men in office, to administration, who having
themselves adopted belief from improjDcr informants, or, in order to
sacrifice to the pleasure of the ministry, have falsely represented,
that Llis Majesty's American subjects were not generalty averse from
the arbitrary proceedings of a wicked administration, but that the
opposition, made to such unconstitutional measures, arose from the
influence of a few individuals upon the minds of the people, whom
they have not failed to represent as " false, seditious, and abandoned
men ; " by tliese means, inducing the ministry to believe, that the
Americans would be easily brought to submit to the cruel imposi-
tions so wickedly intended for them ; that his Excellency's procla-
mation is evidently calculated for this purpose, and is also replete
with the most illiberal abuse and scandalous imputations, tending
to defame the characters of many respectable persons, who zealously
attached to the liberty of their country, were pursuing every lauda-
ble method to support it.

Resolved, nem. con. That the resolution respecting America, intro-
duced by Lord North, into the British House of Parliament, which
his Excellency, in his proclamation, alludes to, is such a glaring-
affront to the common sense of the Americans, that it added insult
to the injury it intended them : That Lord North, himself, when he
introduced it, declared to the House, that he did not believe America
would accept of it, but that it might possibly tend to divide them,
and if it broke one link in " their chain of Union, it would render
the enforcing his truly detestable acts the more easy ; therefore,

Resolved, That this was a low, base, flagitious, wicked attempt to
entrap America into Slavery, and which they ought to reject with
the contempt it deserves ; that the uncandid and insiduous manner
in which his Excellency has mentioned the said resolution, is a poor
artifice to seduce, mislead, and betray the ignorant and incautious
into ruin and destruction, by inducing them to forfeit the inestima-
ble blessings of freedom, with which nature and the British Consti-
tution have so happily invested them; and also, indisputably proves,
that his Excellency is ready to become an instrument in the hands
of administration to rivet those chains so wickedly forged for
America.

COLONIAL RECORDS. 29

Resolved, nem. con. That at this alarming crisis, when the dearest
rights, and privilegea|Of America are at stake, no confidence ought
to be reposed in those, whose interest is to carry into execution every
measure of administration, however jirofligate and abandoned ; and
who though they are conscious those measures will not bear the
test of enquiry and examination, will and endeavour to gloss over
the most palpable violation of truth with plausibility, hoping,
thereby, to blind, mislead and delude the people; that this Com-
mittee therefore, earnestly recommend it to the other committees of
this province, and likewise to all our Brethren and suffering fellow
subjects thereof, cautiously to guard against all those endeavours,
which have been, or shall be made to deceive them, and to treat
such attempts as wicked efforts of the Tools of Government calculated
to throw this Country into confusion, and by dividing to enslave it.

The committee adjourned till a meeting occasionally.

Account of money received, at this committee :

"£ s. d.
From Bladen county, by the hands of Mr. Richardson, in

good bills 36 11 2

One Bill counterfeit of 2 0 0

From Cornelius Harnett, for sundry subscriptions to pur-
chase gunpowder 49 15 6

From Wm. .Jones, L. C. by the hand of R. Hogg for do— 10 0 0

do. Jno. Slingsby do-- 5 0 0

do. Doct. Cobham do__ 2 10 0

do. R'd Bradley do-_ 10 0

100 IG 8
Money paid for Sundries :

Paid 350 lbs. Gunpowder in the hands of Burgwin, Hum-
phrey & Co. pr. Rec't 52 10 0

P'd .Jno. Slingsby for 50 ibs. Gunpowder in his hands 7 10 0

P'd Wm. Grant to pay for cleaning out the court-house-_ 0 2 G

60 2 6

[From the National Journal, Washinc4Ton, D. C, 15th August, 1825.]

The Cumberland County Association,

The following political compact is said to have been entered into
hy a number of citizens of Cumberland County, North Carolina,

COLONIAL RECORDS.

shortty after the battle of Lexington in 1775, and tlie original manu-
script is in possession of the editor of the Cheraw Intelligencer. It is
a document worthy of preservation as illustrative of the spirit of the
times in which it was produced.

[The Association was the same in text Avith the one adopted at
Wilmington. See ante page 2G. — Editor.]

The signers of the Cumberland Association were —

" Robert Rowan
Lewis Barge
Maurice Newlan
Lewis Bowell
Martin Leonard
Theophelus Evans
Thomas Moody
Joseph DeLesting
Arthur Connue
John Oveler
David Shepherd
Micajah Terrell
Peter Masser
John Wilson
Thos Cabeen
Thos Rea
Danl Douse
James Emmet

James Dick
Aaron Vardey
John H Wenson
One'rs West
Wm Bathgate
George Fletcher
Charles Stevens
James Pearl
John Parker
Walter Murray
Thos White
Joshua Hadlej'
John .Jones
Wm Blocker
Robt Council
Sam HoUingsworth
James Giles
John Clendenin

Robert Carver
Sam'l Carver
George Barns
James Edmunds
John Caraway
Wm Gillespy
Wm Herin
Philip Herin
David Evans
Robert A'arner
James Gee
John Elwell
Benj Elwell
David Durm
Wm White
Simon B .uday
Joseph Greer
Robert Greer "

[From MS. Records in Office of Secretary of State.]

North Carolixa \
[Beaufort County.] J

Know all men by these Presents, that we Alderson Ellison, Fran-
cis Jones and John Fowler, all of the County and Province afore-
said, are held and firmly Bound unto his Excellency, Josiah Martin,
Esq', Governor and Commander in Cliief in and over the said Prov-
ince, in the sum of one Thousand Pounds sterling, money of Great
Britain, to Ijc i)aid to his said Excellency the Governor or liis suc-
cessors to the which Pavment well and trulv be made an<l we Ijind

COLONIAL RECORDS. 31

ourselves and each of us our Heirs, Ex" and Adni" jointly and sev-
erally firmly by these Presents sealed Avith our seals and dated this
20"' day of June Anno Dora. 1775.

The Condition of the above obligation is such that whereas the
abov^ Bounden Alderson Ellison is Constituted and appointed
Sheriff of the County of Beaufort by Commission from the Gov-
ernor under the seal of the Province dated the 28"' day of Jiafch
last. If therefore the said Alderson Allison shall, well and truly
collect and receive all such Publick Taxes and dues as are or which
shall be appointed by Act of Assembly to be paid by the Taxable
persons within his Bailiwick during his continuance as Sheriff
thereof, and shall duly account for and pay the same to such Person
or Persons and at such times as by law are or shall be Limited and
Directed, then the above Obligation is to be Void and of None Effect
otherwise to remain in full force and effect.

ALD. ELLISON [Seal.]
FRANCIS JONES fSeal.]
JOHN FOWLER [Seal]
Signed, sealed and delivered in open Court in presence of
Tho° Respess, Jun'

IB. p. R. O. Am. & Vv^ IND, : Vol. 232.]

Letter from Thomas Macknight Esq., to Mr Josejih Jones.*
Sir,

I embrace the only opportunity you ever gave me of thanking
you for pulling off the masque in your repeated attempts to injure
me ami for submitting your accusation fairly to the tribunal of the
impartial public. Had your omduct been equally open on a late
occasion I have reason to believe the Convention of North Carolina,
would not have been led by the warmth of their zeal for the glorious
cause of liberty to have imputed to me, Intentions foreign to my
heart and destructive to my interest and much less to have censured
me for these with a severity due only to actual guilt But as this
letter is intended for the public suffer me here to do justice to many
respectable members of the Convention who were willing to accept

* TheVirgini.-i G zette of Julv 5th. 177).

COLONIAL RECORDS.

of my conformity to the association; who disapproved tlie severity
of the censure : and who Knowing my sentiments, continue to think
favourably of my Affection to the cause of American LibertJ^ Let
me also express my obligation to the people of Currituck and Com-
mittee of Pasquotank for the Testimony they have borne of niy
conduct which must have weight with the public in my favour, and
let them be assured that it shall be my continued endeavour to jus-
tify to the world the opinion they entertain of me : and I shall ever
think myself under great obligations to certain Members of the
Committee who, forgetting private differences and disregarding your
malicious endeavours to prejudice them against my conduct at the
Convention, enquired into the circumstances of the affair with a
judicious and manly freedom and concurred in determining to bear
public testimony in my behalf notwithstanding the arts that were
used to dissuade them from this by some Members, who at the same
time acknowledged that disregarding the sentence of the Convention
they approved of my conduct, should have acted as I did and were
ready to subscribe a declaration equally favourable to me in their
private capacities and as about two to one of the Members present
concui'red in jiublishing their sentiments of my conduct as a Com-
mittee it is but reasonable to infer that had they all attended there
would have been a proportionable majority in favour of the measure
instead of 22 to 14 against it as you insinuate in your nota bene.

I am now to answer your strictures bearing date the 15* of Maj^
and published in the Norfolk Gazette of the 15* of June; where it
is evident that either your confession of your last words cannot be
truth: nor do I believe it possible for you to reconcile them in your
djdng speech. In the first you say, "that you heard me offer to
subscribe the association;" in the last "that some of the members
proposed that I might sign," and that I only "seemed to agree to
it." Here is an evident contradiction: evasions will not do before
the bar of the public; and your acknowledgement " that you did tell
the Committee something to that effect" hath drawn the rope harder
round your own neck ; you have kicked the stool from under you,
and rendered it impossible for your friends to cut you down from
the ignominous situation, in which you are exposed; for were your
veracity unimpeached amongst your neighbours yet the weight of
evidence which is against you must lead the public what to think
of your regard to truth and to recollect the proverb that a certain
kind of men "'had need of good memories."

COLONIAL RECORDS. 33

You insinuate that I withdrew immediately after having refused
to sign "the journal of the Continental Congress" which you say
some of the Members i? reposed. Here you contradict yourself again
as a Member of the Convention, for in the state previous to the
resolve wherein you censure me you have declared that it was the
association approved of by the Continental Congress which I refused
to sign and thereupon withdrew. But in justice to the Convention
I must declare that I did not believe a Member thereof, yourself
excepted, was capable of projsosing that I, who was not a delegate
to the Continental Congress should sign the "journal"- of that
respectable body. The circumstances and motives of my withdraw-
ing are published and supported by testimony which hath not been
contradicted as to your objections the Press is open — try whether
they will be treated with less contempt by the imperial world than
they met with from the Committee of Pasquotank when stated bv
you to them on the 19"' of April. You say that from the "com-
mon stream of my behavionr you believe I never intended to sign
at any event and that you are of the same opinion still." Your
opinion can make but little weight with the public. The impartial
will expects facts whereon to found their judgment of me and
those who are acciuainterl with you will not be very ready to adopt
your opinion of the man to whom your hatred is so notorious.
But surely it ill l^ecomes you who have been accused before the
Committee of observation for an actual violation of the 0'" ai'ticle
of the association in selling gunpowder at a most extravagant price
which accusation is su[iported by undoubted te-stimou}' — it ill
becomes you I say who have violated the association notwithstand-
ing you highh' approve of it, to find fault with nie that have
strictly conformed to it though I did not highly approve of it.
Read the resolution of the present Congress bearing date the 27"'
of May, observe that no more is required than conformity to the
association, compare the prudence of the Congress in this and the
humanity of the other parts of that resolve with your own temper
which has in the cool hours of reflection endeavored to execute a
ijunishment the condemnation to which was scarce excusable on
the score of sudden passion reverberated from bosom to bo.som in a
popular Assembly.

You seem to exult at having discovered my behaviour to be
ec|uivocal and disingenuous about the 28"' of April as if that would
vindicate you for concurring to censure me on account of a similar
VOL. X — 3

34 COLONIAL EECORDS.

charge about the beginning of the month, whether that charge was
well founded or not. Are you ignorant that a crime committed
subsequent to an unjust judgment will by no means extenuate
that injustice. If you wish to vindicate yourself to the world for
concurring in the censure follow the rules prescribed by the Con-
gress — publish the truth of the case, the particulars of that disin-
genuous and equivocal behaviour which manifested my intentions
to'be inimical to the cause of American Liberty and which warrants
you to declare me " a pest of society, a tool of ministerial vengeance
and an usurper of all good," and M'hich I presume you think will
vindicate the fruitless attempts to stimulate the people in these
counties to tar, feather and burn me, together W'ith my property as
a sacrifice to your implacable resentmeni, To what purpose but to
irritate people at a distance to commit some act of violence on me
when opportunity should serve have malicious reports been spread
"tliat I had induced the people in this country to acknowledge in a
petition to the King that we were willing to pay Avhatever taxes the
Parliament should impose on us, Declaring the acts of the Conti-
nental Congress unjust and tyranical, and that I had actually raised
and embodied a great number of men ready to act as Government
should direct." You have denied being the author of these " attempts
and reports" and they are ascribed to you notwithstanding, and I
think I am furnished with such evidence as will vindicate a legal
prosecution as soon as our Superiour Courts of justice are opened.
Other satisfaction you have refused on account of your wife and
children.

Let me now examine my behaviour about the 2S"' of April which
you alledge was equivocal and disingenuous, you have descended to
particulars and thereby put it in my power to expose the f\ilsehood
of your charge. It is true that five ^Members of the Convention
have declared to the world " that they heard me offer to subscribe a
promise tliat I would conform to the Continental association, but
many Members insisting that I should subscribe a declaration that
I highly approved of it and threatening to witlidraw if I was
indulged with leave to sign any other declaration than this, occa-
sioned my withdrawing from the Convention on which the vote of
censure passed against me." The Freeholders of Currituck in their
publication of the 28"' of April are evidently speaking of this dec-
laration of highly approving &c: when they declare it consistent
-with their ideas of freedom for rejiresentative bodies to endeavour

COLONIAL RECORDS. 35

to force, an individual to "subscribe a declaration" contrary to his
conscience and avowed sentiments, nor is there any insinuation in
that j^iece that an attempt was made to force me to sign the asso-
ciation or journal of the Continental Congress which you say I
must have informed them of, nor do the Committee" of Pasquotank
insist that I "offered to suljscribe the journal of the Contitiental
Congress" as you have falsely declared in the 4* paragraph of
your strictures. They have said that you confessed to them on the
19"" of April that you heard me in the convention offer " to sign
the association " and you have given it under your hand to the
public on the lo'" of May that you "did tell them something to
that effect." If your confession then is the truth how much more
are you to blame than such Members of the Convention as were
unacc^uainted with this offer but if it is a lie you are the author of it
to the Committee. As it was a circumstance in my favour not
mentioned by the five Members as it came from you a declared
enemy of mine the Committee believed that the force of truth only
extorted it from your lips and published it to the Avorld as a cor-
roboration of their opinion that the Convention was too sev^e
upon me. You feel the effects of your confession, you would gladly
retract it, you have endeavoured to swallow it up and to give us
something else in its room. Your attempts however are in vain but
the tortures you now feel are on account of j'our detection, contrition
for the offence is a sentiment your breast admits not of. Were
your genius and abilities equal to the enmity of your di-sposition
you would avoid such palpable contradictions but how came they
to escape the correction and prefacer of your last words? Let him be
more attentive to your dying speech else your character will be
brande<l past a possibility of redemption if that is not already the
case.

Have you read the declarations of the Freeholders of Currituck?
In what part of it do they say tliat the whole proceedings of the
Convention are tyrannical and ought to be rejected on account of
that body's attempting to force me to sign the journal of the Con-
tinental Congress? These assertions of yours must be owing to
ignorance, procure some friend if such you have to read and explain
the matters contained in that publication that you may get some
idea of them before you make any more strictures for the public
perusal.

36 COLONIAL RECORDS.

On the whole then this equivocal and disingenuous behaviour
which you exult in having detected ajipears to be your own now
exposed to public view, for after having concurred in declaring on
the 6"' of April that I refused to sign the association with the other
Members of the Convention and thereupon withdrew,^ you next con-
fessed before the Committee of Pasquotank on the 19'" of April that
you heard me offer to subscribe the association in the Convention.
On the 15"' of May you unsay all this and tell quite a different story
by saying that some of the Members proposed I might sign the
journal of the Continental Congress, but that I only seemed to agree
to it: went with a seeming intention to sign but all on a sudden
declined and withdrew, and to complete the matter you very mod-
estly recjuest the public to think with you that this proves me
equivocal and disingenuous. Should " ministerial vengeance" stand
in need of " a tool " to say and unsay whatever suits its purposes
you have shewed by this specimen where it may be supplied, but
you have discovered the weakness of your head so exceedingly
plainly that you can never expect to be employed except in the
loAvest department and on the dirtiest occasions; you have a talent
for abuse but it is vulgar abuse and some of your expressions are
difficult to be understood, " Ijut I will not usurp all good " from you.

If I dared however to soar after you in the regions of shnile I
would remark that yours of the fly and the web might be rendered
more just by comparing yourself to the spider, and the fate of your
w'eb (in which you have endeavoured to entangle me) of strictures
resembles the fate of those webs which are sometimes spun by that
malevolent and venomous reptile and to his great mortification are
torn to pieces by the innocent fly which he had destined for his
prey. On such an occasion the good natured spectator is pleased
with the little flys escape from the lurking villainous spider who
then retires from public view into his dark and dirty receptacle to
brood over his base designs, and the humane public will " not be
sorry that your son hcnito of tar and feathers, your intended Auto Da
Fe and your strictures designed to injure me have failed of this
intended effect.

Notwithstanding your unremitting endeavours to hurt me I
would not willingly injure you in the smallest degree. Nothing but
the grossest misrepresentations of my conduct in a matter of general
concern could have forced me to this method of self defence which
in proportion as I am exculpated from the odium you have endeav-

COLONIAL RECORDS. 37

oured to affix ou my public character must be injurious to yourself.
Remember that I am not accused of violating the association, that
for my actions I acknowledge myself accountable to the community
but my opinions are my own ; I intruded them not on the public
till properly called upon as the deputy of freemen to deliberate with
others on the measures proper to be used for establishing and pro-
curing our rights and liberties on a lasting and solid foundation ; on
such an occasion I spoke my sentiments of a particular measure;
they were offensive. I was called upon to subscribe a declaration
contrary to these sentiments; I refused; I withdrew from a body
where freedom of sentiment was disagreeable to great numbers : on
my withdrawing I was censured as an enemy to American Liberty.
It produced no bad consequences; those who were warmest through
an honest zeal for liberty on cool reflection perhaps thought they
had been too severe but you, animated by personal pique and resent-
ment, have embraced the long wii^Jied for moment to gratify your
revenge; at least you have endeavoured to do it; you have failed
and exposed yourself to contempt and detestation.' Such men as
you are improper guardians of liberty, such principles as yours
used in its defence destroy its very essence. I take my leave of you
here and beg pardon of the public for this intrusion on its patience.

THOAIAS MACKNIGHT.
Xorth-Carolina, Belville, June 21" 1775.

[From MS. Records ix Office of Secretary of State.]

Election of Safety Committee in Pitt County.

Martinborough, June 23'' 1775.

The freeholders of the County of Pitt appeared and elected the
following persons to be added to the Committee of this county, viz':

Robert Grimmer, Richard Rives, Simon Pope, .John Ems, Benja.
Brown, James May Jr., John Page, Jesse Jolley, John Robson, John
Bowers, Absalom Rogers, Godfrey Standlej', Parker Lai'z, Solomon
Shepperd, Robert Hodges, George Porter, Mathias Moore, John
Hatton, Levi Andrews, "William Ozljourne, Edm* Andrews, Mathew
• Stokes, Jonah Litel, John Mooring, John Cason, John Barber, Sam'
Barrow, Nath' Nobles, Hilliary Cason, Richard Grist, Lazarus Pierce,
William .Jones, Dempsie Grimes, William Burney, Dennis Cannon,

38 COLONIAL RECORDS.

Arch"* Adams, James Brooks, Jacob Blount, Tho' "Wolfenden, George
Moye Sen"', Thos. Goff, George Blair, John Tilman, Arthur Forbes,
Henry Ellis, Mathew Sturdevant, Nathaniel Moore, John "Williams,
Rich'' Williams, Allen Suggs, Joel Suggs, Benjamin Dupree, John
Joiner, Will" Graves, John Enloe, John Lesslie, Benjamin Barrow,
Timothy Harris, John Fry, John Moye, Abraham Adams, John
Fleming, Isaac Stocks, Benj" Blount, Rich'' May, Edward Moore,
Josiali Askey, W" Baldwin, Samuel Warrin, Thos. Hardee, Nath'
Godle}', James Jones, Simon Jones, Henry Jones, Roland Dixon,
Jolm Hardee Jun'', Thos Albritton, John Wallace, John Brinkley,
"\ym "Wiiitefield, John Grist, Walter Dixon, Thos. Gwaltiney, Henry
Williamson, Howell Hodges, John Smith, Thomas Braxton, John
Dowdey, Reuben Powell, Jonah Knox, George Falkner.

[B. P. R. O. Am. & AV. I:to. : No. Carolina. No. 233 ]

COUNCIL JOURNALS.

At a Council held at Fort Johnston in North Carolina the 25""
June 1775.

Present

His Excellency the Governor.
r James Hasell President William Dry "|
The Hon'"» ^ John Rutherford and - J-Esq'-^

( Lewis DeRossett Thomas IM'Gwire j

His Excellency addressed the Council in the following Terras :

Gentlemen -of His Majesty's Honorable Council,

The seditious Combinations that have been formed, and are still
forming in several parts of this Colonj^ and the violent measures
they pursue in compelling His Majesty's Subjects by various kinds of
intimidations, to subscribe Associations, inconsistent with their Duty
and allegiance to their Sovereign, The oljliging People to frecjuent
meetings in Arms, bj^ the usurped Authority of Committees, the
recent Assemblage of a Body of armed Men, in the town of Wil-
mington for the purpose of awing Flis Majesty's Loyal Subjects
there into submission to the dictates of an illegal and tyranical
tribunal erected there under that name, and the late most treason-
able publication of a Committee in the Count}' of Mecklenb urg

COLONIAL RECORDS.

explicitly renouncing obedience to His Majesty's Government and
all lawfull authority whatsoever are such audacious and dangerous
jaroceedings, and so directly tending to the dissolution of the Con-
stitution of this Province, That I have thought it indispensably my
Duty to advise with you on the measures proper to be taken for the
maintenance of His Majesty's Government, and the Constitution of
this Country, thus flagrantly insulted and violated. On my part
Gentlemen the idea I have of the sacred trust I hold under the
King, and my sense of Duty to my Royal Master, will suffer me to
omit no exertion in my power that can be conducive to these ends,
and I trust Gentlemen that I may expect from your Duty to His
Majesty and zeal for his service, and the good of your Country, not
only your best advice, ]>ut your utmost influence in this alarming
conjuncture to carry into execution most effectually the measures
you may advise, for the support of the Rights of His Majesty's
Crown, for the security and welfare of the People, and for the main-
tenance of tlie Laws and Constitution of this Province.

To which tlie Council replied :

"The unhappy situation of this Province renders it impossible for
His Excellency to take any other steps than those he has already
taken to suppress the disturbances he so ju.stly complains of."

The Governor read to the Council that part of His Majesty's Com-
mission that vests him with military powers, and afterwards repre-
sented to the Board, that Militia Commissions had been i-ssued to
very few Counties since the last Militia Lavr passed, owing to the
default of the Colonels in general, to make proper return of the
officers, and desired their advice on the expediency of issuing Militia
Commissions to the Countys at large, or to any particular Counties
supposed better affected to Government than the rest, in tliis time of
commotion.

The opinion of the Council is, that his Excellency issue Militia
Commissions to the Countys at large.

The Governor further acquainted this Board, that Captain Collet
Giovernor of Fort .Johnston had represented to him that the said
Fort was in no state of defence, that the Estaljlisliment of the Gar-
rison consisting of 25 men only, is reduced by desertion to less than
half that number, and that it is also destitute of powder, & in no con-
dition to afford a sure protection to the valualjle Artillery belonging
to His Majesty in the said place in case of an attempt upon it, and
desired the sentiments of the Council, on the expediency of his

40 COLONIAL RECORDS.

taking any measure for putting the Fort in a state of defence, by
furnishing it with Ammunition, and raising men to strengthen the
Garrison, observing at tlie same time that there are no funds allotted
in this Country for such exigencies, nor any other resource that he
knew, but to make application if the Council should advise such
charge to be incurred, for money to defraj' the same to General Gage,
Commander in Chief of His Majesty's Forces in America, or to the
Lords Commiss" of his Majesty's Treasury'.

It is the unanimous opinion of the Council, that His Excellency
apply to General Gage or to the Lords of the Treasury for i\Ioney
to defray the expences of repairing the Fort, and raising and main-
taining a Garrison for its defence, the same being necessary for the
protection and security of the Commerce of this River.
• The Assembly having already declared their intention of discon-
tinuing the present Establishment, His Excellency asked the opinion
of the Council on the expediency of meeting the Assembly at the
time fixed by the Writs of Election. '

Their unanimous opinion is, that the meeting be postponed to a
future day, as from the example of the other Colonies there is not
any probability of their proceeding to business.

JO. MARTIN, Governor.

[Reprinted from American Archives. Vol. 3, Page 1854.]

Extract from tlie Proceedings of the Continental Congress.

Monday, -June 26"\ 1775.

The State qf North Carolina being taken into consideration the
Congress came to the following resolutions:

Whereas, It is represented to this Congress that the enemies of the
liberties of America are pursuing measures to divide the good people
of the Colony of North Carolina and to defeat the American Asso-
ciation ;

Resolved, That it be recommended to all in that Colony who wish
well to the liberties of America to as.sociate for the defence of Ameri-
can liberty and to embody themselves as militia under proper ofiicers.

Resolved, That in case the Assembly or Convention of that Colony
shall think it absolutely necessary for the support of the American
Association and safety of the Colony to raise a body of forces not

COLONIAL RECORDS. 41

exceeding one thousand men this Congress will consider them as an
American army and provide for their pay.

[B. P. R. O. All. & W. I.ND.: No, Carolixa. Vol. 222.]

Letter from Governor Martin to the Earl of Dartmouth.

North Carolina

Fort Johnston 30'" -June 1775.
My Lord,

Since I had the honor of representing to your Lordship the State
of this Country in my Dispatch N° 33 various circumstances have
occurred of which I think it my duty to give your Lordship the
best account my information enables me to lay before you.

On Tuesdaj' the 23^ of May a day when a set of People, calling
themselves a Committee met at New Bern a motley mob, without
any previous notice of their purpose, appeared coming towards my
House. I did not see them until they were near my door, and
supposing they were the committee of whose meeting I had heard,
I directed my Secretary, if they announced themselves by that
name to signify my resolution not to see them, he came to me how-
ever with a message from this body, importing that they were the
Inhabitants of the Town of New Bern who were come to wait upon
me, and requested to be admitted to speak to me, I directed them
to be shown into an Apartment below stairs, and immediately went
down to them. M' Abner Nash an Attorney, and the oracle of the
Committee appointed in that Town, whom I have before had occa-
sion to mention to your Lordship, as a principal promoter of sedition
here, came forward out of the crowd, and presenting himself before
me said he had been chosen by the Inhabitants of Newbern then
present to signify their purpose in waiting upon me, that it was in
consequence of a general alarm, the People of the place had taken
that morning at my dismounting some pieces of old cannon which
lay behind my house, and, which had occasionally been made use
of on rejoicing days; that this circura.9tauce had caused alarm,
because the Governor of Virginia had lately deprived the People of
that Colony of their Ammunition, and tliat the Inhabitants therefore
requested, and hoped I would order the Guns to be remounted, and
restored to the same order they had been in until that morning.

42 COLONIAL RECORDS.

Unprepared as I was My Lord, for such a visit, and filled with
indignation at the absurdity and impertinence of the cause of it,
assigned by 'M' Nash, and satisfied also that it was a mere pretext
for insulting me, I replied, that the visit of the inhabitants of New-
berne, and the motives of it I thought very extraordinary. That
the Guns which I had dismounted belonged to the King, and that
I was duly answerable to His Majesty for any disposition I made of
them, but being at the same time inclined to quiet the minds of
the Inhal:)itants of Newbern, and to give them everv reasonable
satisfaction, I then declared to them that I had dismounted the
Guns, and laid them on the ground because the carriages were
entirely rotten and unserviceable and incapable of bearing the dis-
charge of them on the King's birthday that was at hand, and for
the celebration of which I was making the usual preparation of
those Guns. M'' Nash said he was persuaded, the Answer I had
condescended to give would be very satisfactory to the Inhab-
itants of New Bern, and bowing retired with his molj. I must
confess to your Lordship the reason I assigned for dismount-
ing those guns, was really but one of ni}- motives, and that I
had another which I did not think fit to communicate upon that
occasion. I had received for some weeks l)efore repeated advices of
a design concerting in the Committee of that Town, to seize those
guns by force, and my principal object in throwing them off .the car-
riages, at the time I did it (although it was reallj- necessary and
intended for the other avowed purpose) was to make the removal of
them more difiicult in case of such an attempt, and to procure
thereby more time to defend them, or at least to parley about them.
A day or two after this studied insult a certain old soldier arrived
at New Bern from New York, wlio having been instructed with the
Execution of a Commission of importance in this Country, came to
me and told me, after communic.£iting his own business, and Ijcing
assured of my best assistance, that he had learnt on Board tlie King's
Fisher Sloop of War at New York, that she had Arms and Annnu-
nition on Board, intended to be sent to me b\' the first opportunity
that offered, in consequence of an application I had made for such
aids to General Gage, and that Lieutenant Governor Colden at New
York who had received Dispatches from the General to me, which
were supposed to refer to those Stores, and committed them to the
Post, was under the greatest anxiety for their safety, having discov-
ered that the Committees had proceeded in some places to the

COLONIAL RECORDS. 43

extravagance of violating Letters sent by that channel. L'pon inter-
rogating his intelligence about the manner in wliich it \ras designed
to convey the Arms and Ammunition to me, which he mentioned, I
found him altogether uncertain, whether they were to be sent by a
]NLan of War, or a Merchant's Vessel, and that he encouraged appre-
hensions of the latter by observing it might happen from the mis-
taken opinion the People held in the Northern Provinces of the
universal Loyalty and good disposition of the Inhabitants of this
Colony. Thus My Lord I had to expect on the one hand, that my
correspondence with General Gage, would be at once betrayed, and
to fear at the same time, that the expected Stores might come in a
Merchant's ^"essel to New Bern, where I had not a man to protect
them, and that they must of consequence fall into the hands of the
mob, which was continually watching every movement about my
house, and Ijy which possible accident all my good purposes would
be defeated. On the other hand I was to apprehend either of those
cases, would furnish reason for insult to me, and my family at least,
and might probably become a pretext for seizing my person and
detaining me, according to the design avowed in all the Colonies,
continually of making themselves eventually Masters of the King's
Servants among them, and the more probably too, as a most infa-
mous report had lately been propagated among the People, that I
had formed a design of Arming the Negroes, and proclaiming freedom
to all such as should resort to the King's Standard. It was therefore
immediately necessary to take some measures to prevent if possible
the Military Stores falling into the hands of the Mob, and to obviate
any ill consequences that might arise from the promulgation of my
correspondence with General Gage. Accordingly I determined after
revolving the matter a moment in my mind, to relieve myself from
all embarrassments tliat the sufferings of my family might expose
me to, by sending them instantly to New York, which would at the
same time furnish me with a certain unsuspected opportunity of
writing to prevent any hazard of the Arms and Ammunition if they
were not already sent away; place M" Martin and my children in
safety, and leave me at liberty to pursue such measures as occasion
might call for. This purpose I executed immediately, writing to
General Gage of my situation, and I set out almost at the same time
for this place, M-here one of His Majesty's Sloops of ^\'ar is stationed,
intending as well as the security of my person in all events that I
c 'uld not yet expose witli any possible advantage to His ^Majesty's

44 COLONIAL RECORDS.

Service, as to employ the most effectual means with the assistance of
Capt. Parry Commander of the Cruizcr Sloop of War, to secure the
Arms and Ammunition if they should be sent away before my
advices, dispatched with my family, should reach New York, and
lest my further precaution of posting my Secretary at Ocracock
Inlet, the first entrance to the Port of New Bern, to bring any "N^essel
that should arrive there with those Stores round to the Man of "War
in this River should prove ineffectual. Accordingly on my arrival
here on the 2'' instant, I communicated to Capt. Parry the circum-
stances I have here related to your Lordship, suggesting my wishes
at the same time, that he could spare from his Ship a sufficient force
to waylay at Ocracock the A^essel I had reason to expect with Mili-
tary Stores, in order to compel her in case of necessity to bring them
round here to be lodged in safety on board His Majesty's Ship under
his Command. Captain Parry to whom My Lord, I owe it in justice
to say that he embraces with the utmost alacrity every occasion to
promote the King's Service, instantly seeing the importance of the
object of my concern, assured me of his most willing and effectual
assistance and accordingly without loss of time, detached an officer
and a party of men well armed, in a little schooner to secure that
point. Since my first intelligene-e I have heard nothing to be
dej^ended on relative to the Arms and Ammunition, but I am in
hopes, from comparison of dates, that the letters from General Gage,
which caused M' Colden and myself so much anxiety, were what
I have since received a few, that contained nothing more than
an Account of the Affair of the 20"' of April between a Detachment
of the King's Troops and the People of the neighborhood of Boston
which reached me in little less time than two months after the event,
and too late to operate against the infamous and false reports of that
transaction which were circulated to this Distance from Boston in
the space of 12 or 13 days, and had already like all first impressions
taken deep root in the minds of the vulgar here universally and
wrought a great change in the face of things, confirming the sedi-
tious in their evil purposes, and bringing over vast numbers of the
fickle, wavering and unsteady multitude to their party. This was
an effect to be apprehended, and it will be the same unquestionably
in all future occurrances, unless a regular communication is estab-
lislied, by which the Accounts transmitted by the King's General
and Admiral of their oi:)erations may anticipate the gross and abomi-

COLONIAL RECORDS. 45

nable forgeries of the New England People, and I have accordingly
represented the expediency of it to General Gage.

My removal from New Bern it appears My Lord, was prudential
and well timed, for I received advices from thence yesterday that I
should have been insulted at least on Friday last tlie day of the
General Election of Assembly men, when a mob was stimulated Ijy
some of the Leaders in sedition, after being inflamed with liqueur,
to seize and carry off the cannon behind mj' house, which the}^ like-
wise made some slight attempt to break into, after repeatedly demand-
ing the Keys of it in vain of my servants, who in consequence of
my orders (having notice of the intention of the rabble) had sj^iked
the guns, to the great disappointment and discomfiture of the
Assailants.

Soon after my arrival at this place my Lord many of the poor
ignorant People in the Neighbourhood came to me in the last state
of terror and dismay, making Representations such as I have set
forth in the Proclamation enclosed, which I thought it necessar}' to
issue to counteract as far as I was able such vile impositions and
menaces as the Committee men were employing to deceive the King's
Subjects, and seduce them from their duty. The Newspaper enclosed
will show your Lordship that the same spirit of sedition and extrava-
gance that gave cause to that Act of Government, has produced an
impudent and formal contradiction of the undeniable truths it con-
tains, under the authority of a Committee proving irrefragably that
People embarked in a bad cause, scruple not to avail theinselves of
the basest falsehoods -and calumnies to support it. According to
custom, and as the last resort of malice and falsehood, your Lordship
will find this Publication prescribes me as an Enemy to this Province
in particular, and to America in General, a sentence that L must
expect to suffer in common with every Servant of His Majesty, and
with every other Subject, whose sense of duty to His Sovereign and
the State does not permit him to take part in the most unprovoked,
& unnatural Rebellion that has ever been known. Still, my Lord,
I hold my former opinion, that if my hands were strengthened with
the aids I have required of General Gage, I could not only main-
tain the Sovereignty of this Province to His Majesty, with the power
I could collect immediately among the Emigrants from the High-
lands of Scotland, who were settled here, and immoveably attached
to His Majesty and His Government, that I am assured by the best
authority I may compute at 3000 effective men, but should be able

46 COLONIAL RECORDS.

to draw together under that protection, out of the interior Counties
of this Province, where the People are in General well atfected, and
much attached to me, at least two thirds of the fighting men in the
whole Country, which may be co-mputed according to my best infor-
mation to exceed Thirty Thousand and with which I could effect-
ually restore order here and in South Carolina, and hold Virginia
in such awe as to prevent that Province sending any succour to the
Northward, added to which such a head made here against rebellion,
would draw over to it such multitudes of well affected Subjects of His
Majesty from other Colonies who only want countenance to induce
them to take an open part in favour of Government as would put
it in my power to reduce to order and obedience every Colony to the
Southward of Pennsylvania for although Virginia and Maryland
are both verj^ populous, the whites are greatly outnumbered by the
Negroes, at least in the former and in the latter they are a very
great proportion of the whole number of Lihabitants, a circumstance
that would facilitate exceedingly the reduction of those Colonies,
who are very sensible of their weakness, arising from it. Here the
proportion of Blacks to Whites throughout the Province is very
small, for the greater numljer of them are to be found in two or
three Counties in this Southern part of it. I do not apprehend that
the gross amount of Negroes in this Colony will be found to exceed
ten Thousand.

As I fear the busy scene in. wliieli General Gage is at this time
em})loyed, may not afford him leisure to attend minutely to objects
at this distance, I should ardently wish, that the importance of my
proposition above mentioned, may be taken into consideration by
your Lordship, and submitted to the King, and in case of its meet-
ing with His Majesty's Royal Approbation, that the sup})lies of arn:s
and ammunition I have requested of General Gage should be sent
in a fourfold proportion to mo from England immediately. Ten
Thousand Stand of Arms at least with jiroper Accoutrements may
be disposed in hands that would make a good use of them, and I
should wish them to be accompanied with six liglit bra.ss field pieces,
six Pounders with all their atterail, and good store of Ammunition,
some pairs of Colours, Drums, etc, and such a suirijly of money as
might be necessary for the sujiport of such a force.

I beg leave again My Lord most heartily to offer my humble
Service to His Majesty to raise a Battalion of a Thousand High-
landers here, for the restoration of the Rank of Lieutenant Colonel

COLONIAL RECORDS. '47

I had the honor to hold in the Army in the year 1709, when the
total loss of ni}^ health obliged me to quit the Service, and I am
the more encouraged to hope for His Majesty's gradous acceptance
of my Service in a Military Character at this time, when it becomes
essentially necessary to exercise Military Power in support of the
high Civil office in which His Majesty has bceii pleased to place me
in this Country. If I am so happy to meet with His Majesty's
approbation of this proposal, I would most humbly beg leave to
recommend M"" Allen McDonald of Kingsborough to be Major, and
Captain Alex"* M°Leod of the Marines now on half pay to be first
Captain, who besides being men of great worth, and good character,
have most extensive influence over the Highlanders here, great
part of which are of their own names and familys, and I should
flatter myself that His Majesty would be graciously pleased to per-
mit me to nominate some of the Subalterns of such a Battalion,
not for pecuniary consideration but for encourag.ement to some
active and deserving young Highland Gentlemen who might be
usefully employed in the speedy raising the proposed Battalion.
Indeed I cannot help observing My Lord, that there ar» three or
four Gentlemen of consideration here, of the name of ^PDonald,
and a Lieutenant Ales'* McLean late of the Regiment now on half
pay, whom I should be happy to see appointed Captains in such a
Battalion, being persuaded they would heartil;/ promote and do
credit to His Majesty's Service.

The Minutes of Council held at this place the other day, will
make the impotence of Government here as apparent to your Lord-
ship, as anything I can 'set before you. The Board have been
afraid to take a becoming part, I firmly believe from apprehensions
of personal injury and insult, and accordingly have taken as little
notice as possible of the matters I submitted to their consideration.
The .situation in which I find myself at present is indeed My Lord
most despicable and mortifying to any man of greater feelings thaji
a Stoic. I daily see indignantly, the Sacred Majesty of m}' Royal
Master insulted, the Rights of His Crown denied and violated. His
Government set at naught, and trampled ujwn, his servants of
highest dignity reviled, traduced, abused, the Rights of His Sub-
jects destroyed by the most arbitrary usurpations, and the whole
Con.stitution unhinged and prostrate, and I live alas ingloriously
only to deplore it.

48 COLONIAL RECORDS.

The Resolves of the Committee of Mecklenburgh, which your
Lordship will find in the enclosed Newspaper, surpass all the horrid
and treasonable publications that the inflammatory spirits of this
Continent have yet produced, and your Lordship may depend its
Authors and Abettors will not escape my due notice, whenever my
hands are sufficiently strengthened to attempt the recover}' of the
lost authority of Government. A copy of these Resolves I am
informed were sent off by express to the Congress at Philadelphia
as soon as they were passed in the Committee. At Wilmington, the
principal Trading Town in this Province, and where there are many
British merchants settled particularly Scotch, there is a noble and'
honest dormant spirit nurtured among them, that has as yet given
them weight and consequence, and preserved them from injury, of
which I shall be able I make no doubt greatly to avail myself on a
proper occasion.

A ]\r John Ashe, heretofore Colonel of the jMilitia of the county of
New Hanover, but who had lately formally declined that appointment
by letter to me on pretence of age and Business and requested me to
appoint another person, appeared at Wilmington a fortnight after
such resignation at the head of a body of between four and live
hundred men, menacing the Peojile above mentioned with military
execution, if they did not inimediately subscribe an Association
dictated by the Committee, which they had refused until that time,
and being interrogated for his Authority for such arbitrary proceed-
ings, he pointed to the men he had assembled. His cowardly intim-
idations of these individuals so far answered his purpose that they
were obliged to sign what their consciences revolted at and abhorred,
but it produced the good effect at the same time of uniting them
more firmly in opposition to such dangerous extravagancies, and
they have since formed themselves into a 'Company for the purpose
of mutual protection and» defence.

The South Carolina Congress hath sent recruiting parties into
this Province to raise Men, but I hope thej' will be disappointed in
their expectation of great succour from hence, and I shall leave no
means untried to defeat their purposes. The lenity of Government
hath Ijeen such to that people that they forget entirely their own
weakness and are blustering treason, while Charles Town, that is the
head and heart of their boasted Province, might be destroyed by a
single Frigate, and the Country thereby reduced to the last distress.
I lament to say it, my Lord, and most sincerelj' grieve to see occa-'

COLONIAL RECORDS. 49

sion for it, but I must avow to your Lordship it is to me at this time
evident, and out of all doubt, that reason and argument can never
restore the just power and authority of Government in America.
The People now freely talk of Hostility toward Britain in the lan-
guage of Aliens and avowed Enemies and I fear the means that
British spirit at last resorts to for tlie chastisement of her more
natural foes can onlj^ now reclaim her most unnatural children in
these Colonies to a proper sense of their duty ; and I must add too, ni}'
Lord, that in charity to them and in duty to my King and country
I think myself bound to give it as ray sincere opinion that the rod
of correction cannot consistently with the good and interest of either
be longer spared. If it is*an oliject to reclaim the Colonies of America
to obedience to the just authority of His Majesty, and the Parlia-
ment of Great Britain, humanity as well as policy, in my mind, my
Lord, urges that the work be set about with the vigour becoming
the glorious and invincible spirit of the British nation, and without
a moment's delay. Altho' by my separate Dispatch of the IS"' of
May, I had given mj- humble opinion to your Lordship, that the
meeting of the Assembly of this Province in order to bring under
its copsideration the Resolution of the House of Commons of the
27"' day of February last (while the Philadelphia Congress was
sitting, and which was not enjoined b}' your Lordship's dispatches
referring to that Resolution) would be to no sort of purpose, yet see-
ing soon afterwards that His Majesty's-Governors in other Provinces
had called the respective Assemblies, expressly with that Design, I
issued the Writs for calling an Assembly which had been postponed
by the advice of the Council on account of the heat prevailing in the
Province at the time of the Dissolution of the late Assembly', and
the General Election was accordingly made on the 23'^ of last month,
since which, as your Lordship will see on the Minutes of tlie Coun-
cil, that Board has upon me principles of my first opinion stated to
your Lordship in my sepai-ate Dispatch above referred to^ advised
me to prorogue the new elected Assemblj' which I have therefore
prorogued to the 12"" da}- of September next, before which I have
no doubt I shall have good reason to prorogue it further.

I am bound to return your Lordship my best acknowledgements
for the attention you have been pleased to give to my representations
of the misconduct of the members of the Council here, at the same
time I must freely own to your Lordships that I fear it will be difficult
to reform that Body effectually at this time, some of whose delin-

VOL. X — 4

50 COLONIAL RECORDS.

quency I have heretofore had the greatest reason to complain, have
by their loyal adherence toGovernment in this time of disaffection,
restored themselves to my regard, and I believe it may be difficult
to find fitter people to .supercede the others. I must indeed except
jVP Dry, Collector of the Customs at this Port, whose imprudence
and absurdity is such as I fear will compel me in spite of all allow-
ance that I can make for his simplicity, and weakness, to disgrace
him, his extravagances as they are continually^ reported to me by
credible authorities being of a nature that it will be impossible
for me longer to overlook consistently with the Duty I owe to the
King and to Llis Majesty's Service.

I have the honor etc

.JO. MARTIN.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

xVt an occasional meeting of the Committee June 1775.

Present: Cornelius Harnett, Chairman; Rob' Hogg, Arch'' Mac-
laine, .James Walker, W" Ewins, Jaines Blythe, Sam' Marshall.

Mr James Elletson Bowen applied to this Committee for leave to
land sundry Household Furniture &c, imported in the ship Success

Edmund Cheeseniaii Commander the property of Elletson,

who is coming to reside in this province. The said Bowen being
sworn upon tlie holy Evangelists of Almighty God declared the list
of Furniture &c, delivered !o the Committee by him is solely for

the use of Elletson and that no part of it is or was intended

for sale and that if on opening the packages any merchandise
should be found, he will immediately acquaint the Committee there-
with, to be disposed of as they shall direct.

Rob' Hogg, a member of this committee, desired to withdraw
liimself from farther attendance as he is going to the back country.

The Committee then adjourned until the next occasional meeting.

COLONIAL RECORDS. 51

[B. P. R. O. Am. & W. IND. Vol. 333.]

A Circular Letter* to the Committee of South Carohna.

Charles Toavn, .June 30'^ 1775.
Fellow-Citizens,

This year will bo^a grand ejDoch in the history of Mankind. In-
this conspicuous and ever memorable year, America has been abased
and Britain has disgraced herself in an unexampled manner. All
the guilt of all the English Ministers of State from the Reign of the
First William to the conclusion of the late War does not equal the
guilt that British Ministers have incurred since the latter period.
The Measure of their iniquity appears now full. They seem fixed
in the pursuit of their plan to enslave America, in order that they
might enslave Great Britain; to elevate the Monarch, that has been
placed on a throne only to govern under the law into a throne above
all law. But divine Providence has inspired the Americans with
such virtue, courage and conduct, as has already attracted the atten-
tion of the universe and will make them famous to the latest Pos-
terity. The Americans promise to arrest the hand of tyrann}^, and
. to save even Britannia from shaekles.

In a former letter we declared to you, that there was " but little
probability of "deciding the present unhappy public disputes by the
specific measures we have hitherto pursued." Our ideas were just,
and v,-ith the deepest grief, yet firmest resolution, y:e now announce
to you, that the sword of civil war, is not only actually drawn, but
stained with blood ! ! The King's troops have at length commenced
hostilities against this continent, and not confining their ungenerous
attacks against men in ^rms defending their properties, they have
slaughtered the unarmed, the .sick, the helpless; having long indis-
criminately oppressed they have now ma.ssacred our fellow subjects
in Massachusetts" Bay. Mark the Event! The enormities were
scarcely perpetrated when the divine vengeance pursued the guilty, '
even from the rising up of the sun, until the going down of the same:
the King's troops were discomfited; they fled before our injured
friends. The night saved them from total destruction.

But see in what manner the American Civil War commenced ; and

*The Cape Fear Mercury. 28th July, 1775.

52 COLONIAL RECORDS

we lay before you the case, as stated by General C4age, on the one
part, and by the Voice of America on the other.

The General sent a detachment of about 800 soldiers into the
Country to seize and destroy the property of the people of Massa-
chusetts Bay. This Detachment, on their way to" Concord, at Lex-
ington saw "about 200 Men drawn up on a green, and when the
Troops came within a 100 yards of them (a situation out of the line
of their march) they began to file off." The soldiers upon "observ-
ing this," ran after them to surround and disarm them. Some of
them who had jumped over a wall, then fired four or five shots at
the Troops, and "upon this" the soldiers "began a scattered fire, and
killed several of the Country People." Clear as it is even from this
state, that the King's troops by running after actually attacked the
Provincials peaceably filing off, yet General Gage has the integrity
to entitle his narrative of this unfortunate affair " a circumstantial
account of an attack on his Majesty's troops by a number of the peo-
ple of Massachusetts Bay." But Men will cease to be surprised at
this when they are told the General makes no scruple to violate even
a solemn engagement. After the General's defeated troops returned
to Boston, he declared that if the inhabitants of that devoted City
would deliver up their arms, he would permit them to retire from
the Town Avith their effects. They delivered up near 3000 stands of
arms, and to this day they are in shameful breach of the capitulation,
detained in captivity patiently enduring the calamities of famine.

However the ^^oice of America thus describes the commencement
of this unnatural war : About eight or nine hundred soldiers came
in sight just before sun rise, of about 100 men, training themselves
to ams as usual ; and the troops running within a few rods of them,
the commanding officer called out to tlje militia, "disperse you
rebels, damn you, throw down your arms and disperse." Upon which
the troops huzza'd — immediately one or two officers discharged their
pistols, and then there seemed to be a general discharge from the
, whole body. Eight Americans were killed upon the spot, and nine
were wounded. The soldiers in a few minutes resumed their march
to Concord, and there speedily destroyed a considerable quantity of
flour and other stores belonging to the public. Another party of
]\Iilitia about 150 men alarmed at such violences had assembled near
a bridge at Concord. The soldiers fired upon them and killed two
men. It was this repeated act of hostility that roused the Americans
to repel force by force. They now returned the fire — beat the King's

COLONIAL RECORDS. 53

troops out of the Town and compelled them to retreat to Lexington
where they met a reinforcement of 1000 fresh men and two pieces
of cannon. The Militia being, Ijy this time, increased in their num-
bers they soon dislodged the Troops from this post: who during the
remainder of the da}-, made a precipitate retreat through the Ameri-
can fire, and gained a place of safetj- under cover of the night: in
this battle of Lexington, the Americans had 39 men killed, and 19
wounded. The King's troops left 266 men, killed, wounded and
missing ; and by subsequent accounts, it appears that, in consec^uence
of that action. General Gage's army has sustained a diminution of
1000 men by death, wounds, prisoners, desertion, surfeits and other
incapabilities of service. For the Troops being four and tw(*nty
hours on duty, marched, fought and fled 43 miles in that time
M'ithout the least refreshment. Let it be remembered that these
ISOO British Regulars consisting of the picked 'Men of the whole
army — grenadiers light infantry, and marines carefully prepared
for the expedition were defeated and driven by about 1200 Ameri-
can militia brought to repel an unexpected attack and marched in
accidental parties upon the spur of the occasion. Let it be delivered
down to Posterity that the American Civil War broke out on the
ID"" day of April 1775. An Epoch that in all probability will mark
the declension of the British Empire. •

Such an important Event as the actual Commencement of civil
war, caused the convention of the Congress, on the first of June, in
order that some jirovision might be made against impending calami-
ties. The Congress rose on the 22°'^ inst: and it is our duty to inform
you, and through you the public at large of the material transac-
tions of this important session.

As a first step for our defence it was thought expedient to unite
the inhabitants of the Colonj' "as a band in her defence against
every foe" and to this purpose on the fourth day of June, imme-
diately after the celebration of divine service, in congress an asso-
ciation was signed by all the members present solemnly engaging
their lives and fortunes. In the space of four days, the association .
was voluntarily subscribed by almost every inhabitant in Charles
Town and transmitted into the country. For our most effectual
defence it was thought a body of regular Troops ought indispensibly
to be raised without delay. Accordingly the Congress raised two
regiments of foot consisting of 1500 rank and file; and one regiment
of horse composed of 450 privates, for this service and contingent

54 COLONIAL RECORDS

expenses for one year tlie congress voted the sum of one million
currency. The levies are now raising and the money is now issuing
under the orders of the council of safety in whom the congress have
have not only vested the whole power over; and direction of the
regulars; the militia who when called into service will be entitled
to pay, and the treasury; but have "authorized them to do all such
matters and things" relative to the strengthening securing and
defending the colony "as shall by them be judged and deemed
expedient and necessary."

The Militia have power to form select companies of horse and
foot, and to officer them provided tliey have the approbation of the
Coifncil of Safety.

In order to form magazines of grain, an embargo has been laid
upon all rice and corn.

To give proper force and effect to the resolutions the respective
district and parochial Committees are impowered to take cognizance
of and to question those persons who shall presume to violate or
refuse obedience to the authority of the Congress; and to declare
sucli persons "objects of the resentment of the public;" this eflfect-
ually exposes them to be treated as Enemies to the liberty of
America.

The names of those persons who shall refuse to associate are to be
laid before the general committee who are to enquire of tlie parties
touching their refusal.

Several resolutions of the present Continental Congress have been
recognized; one of them declares "that no bill of exchange, draught
or order of any officer in the army or navy, their agents or con-
tractors be received or negotiated or money supplied to them, by
any person in America" and that no provisions be furnished for
the use of the British army in Massachusetts Bay or for vessels
transporting British Troops or warlike stores for such troops to
America or from one part of it to another.

For the better defence of our Liberties and Properties, the Absentees
holding estates in this Colony are called home; and persons now in
the Colony are prohibited from departing without permission of the
general committee.

To endeavour to obtain pardon for our past offences and to pro-
cure the favor of heaven the 27'" day of July is appointed to be
observed as a day of solemn fast, prayer and humiliation before
Almightv God.

COLONIAL RECORDS. 55

Experience having demonstrated that a long continuance of a
representation of a free people is dangerous to their Lii.ierties; a
new general election of Members of Congress and of district and
parochial committees except for Charles Town is ordered to be held
on the eighth and ninth days of August next; the Members are to
serve during one year after their first meeting in Congress, and the
present committees throughout the Colony are to continue to exer-
cise their functions until the meeting of the new Congress.

And, to the end that his Excellency tlie Governor might not receive
any unfavourable impression of tlie conduct of the congress, and that
their proceedings might " stand justified to the world " they presented
to his Excellency an address and declaration "that tlie hands of the
King's ministers having long lain heavy, and now pressing us with
intolerable weight, solely for the preservation, and in defence of our
lives, liberties and projierties, we liave been impelled to associate
and to take up arms." Your Representatives in Congress, also "con-
scious of the justice of our cause and the integrity of our views,"
readily professed loyal attachment to our sovereign, his crown, and
dignity; and sensible of tlie public rights, the equal compact between
King and people, religiously determined to do their duty, and to
trust "the event to providence," they generously and constitutionally
declared " they preferred death to Slaveiy."

Such have been the most weighty proceedings in the last Session
of Congress. They were " the result of dire necessity " and of cool
deliberate counsels, of which the public good was the only object.

Your Representatives having taken such important and justifiable
steps, to place your lives, liberties and properties in a state of some
security against the iron hand of tyrrany, do you second their
laudable endeavours and exert everj' faculty of body and mind to
discharge the great duty you owe to yourselves and to posterity?
To this end vie with each other in your endeavours to cause the
resolves of the congress to be punctually obeyed, and to bring to con-
dign punishment those who like paracides sliall dare to attempt
to attempt to contravene the measures which are now formed to
defend the liberties of your Country.

Having thus endeavoured concisely to represent the commence-
ment of tliis cruel civil war and the situation of our domestic polity
as some barrier against impending calamities allow us to draw your
attention to the progress of the war near Boston : and to the late
advices from England.

56 COLONIAL RECORDS.

After the action of Lexington the people of the four New Engkind
Governments assembled near Boston to the number of 50,000 men;
but as they soon found that General Gage was resolved to keep close
in his entrenchments and knowing the general congress was about
to sit, thej^ sent home almost their whole army ; and reserved only
about 9000 men, as a corps of observation: which by posting them-
selves in lines near Boston were sufficient to keep the General so
much in awe as to prevent his sending any more detachments into
the Country. In these positions, the General waited for his expected
Reinforcements from England ; and the American army, for direc-
tions from the general congress. Neither seemed to have any design
of attacking the other. But the Americans did not misspend their
time. They sent off two small Detachments, in the most private
manner, from two different quarters, and after a march of upwards
of 300 miles, they at the same instant on the 10"" of May together
surprised entered and took Ticonderoga and soon after Crown Point
two most important Forts, that command the communication by the
Great Lakes between Canada and the Sea Coast Colonies. By this
expedition the Americans have gained 200 pieces of large cannon, 5
mortars, sundiy Howitzers, 50 swivels and a considerable quantity
of ammunition; and to secure these passes they have garrisoned
them with 1 500 men. *

During this time 'the state of the positions at and near Boston had
not undergone any material change ; and the people in the Country
thought there could be no illegality in considering their Property
still as their own; and using it accordingly. But it seems the law
in this case had undergone a material alteration since a- military
Governor, commanding a large army, had taken post in the unfortu-
nate town of Boston. For now, to exercise the right of ownership
over property, is to draw upon the party, the fire of the King's troops.
On the third day of this instant about thirty men forded and landed
upon Hogg and Noddle's islands situated in Boston harbour and
about three miles from the town; in order to drive off some live
stock, which they had a Right to remove. But they no sooner began
to remove their property than they were fired upon by an armed
schooner and a slooj) dispatched from Boston and forty marines
that were stationed upon the islands to guard the stock against the
lawfull owners. However the Country people, notwithstanding this
opposition, killed and removed part of the stock. By this time they
were attacked by a large number of marines, sent from the men of

COLONIAL RECORDS. 57

war in the liarbour; and daring the action, both parties received
reinforcements; so that it is said, the regulars had 1000 men, and the
Americans 700.^ngaged. Notwithstanding such disproportion, the
Americans beat the Troops off the islands, burnt the schooner and
so disal>led the sloop that they were obliged to be towed away.
Killed 30 of the enemy, wounded 50, took four double fortified four
pounders, 12 swivels and drove off the stock without the loss of a
man, having only five men wounded.

Flattering as the conduct of the brave men of NeAV England has
made the situation of the American cause it would be injustice in
us silently to pass by the conduct of New York and Georgia. The
first has now taken a decisive step in support of the common cause.
They have taken the spare arms from the regular troops that were
there stationed, and they have put themselves into a formidable
posture to receive about 2000 men daily expected to arrive there
from England. The people of Havaunah have just signed an associa-
tion ; they have formed a committee and have summoned a con-
gress to meet on t!ie 4'" day of July; they have made generous
collections for the relief of Boston; in short every appearance in
that quarter prognosticates that Georgia will fully atone for her mis-
conduct owing to the little Arts of a few misguided and unprincipled
placemen.

If we state tlie substance of our advices from England we need
only say that on one side stand our unfortunate and deceived sover-
eign his ministers of state the profligate part of the nobility and
the corrupt majority of the house of commons: these drag an army
to blow up the blaze of a civil war. On our side the favour of the
Almighty stands confessed; a prince of the blood roj'al; the most
illustrious, powerful and virtuous among the nobility; the most
eloquent and popular men among the commons ; the city of London,
the body of the English nation are advocates for, and affectionate
friends to the people of America and liberty.

In a former letter we acquainted you that notwithstanding Lord
North's conciliatory motion, as he termed it, on the 2^"" of Feljruary,
by which to screen us from military execution his lordship in effect
very friendly demanded that we should engage to tax ourselves in
such sums at such times and for such purposes as could be agreeable
to Parliament, that is in plain English — the minister: a demand
which Governor Alartin in a late false and scandalous proclamation
bearing date the 16"" dav of June glosses over bv fraudulentlv stating;

o

58 COLONIAL RECORDS.

it that we are " required to tax ourselves by our respective general
assemblies, only our contingent proportion (of which he cautiously
took care not to inform the public that thej^ are not t© judge) towards
defraying the charge of the general defence of the British Empire
according to our circumstances and abilities (of which his Excellency
prudently avoided to mention, that the parliament or rather the
minister was to be tlie only arbiter) and for our civil government."
that is, for such patriotic officers as his Excellency * * * " the gen-
erosity and equity of wliich propositions," he very mode.stly adds,
" can never be denied," but which the Americans, with one voice,
declare to be cruel, iniquitous and inadmissible. We say that we
informed you notwithstanding this conciliatory motion (made with-
out the least serious intention of a proper reconciliation) a bill on
the eighth of March, passed the house of Commons and received the
royal assent on the thirtieth, by which the New England Govern-
ments were cut off from their fishery, the natural claim of mankind
to the gifts of Providence on their own coast, as especially intituled
by their charters which have never been declared forfeited, by which
law those Governments are so restrained in their exports and imjiorts
that if they persevere in their loyalty to the confederated Colonies
they would be as they now really are cut off, in efil-ct from all man-
ner of trade and be totally blockaded. We also told you, that " if
the lilockade of Boston alone roused the whole continent to their
rescue and support, how vigorous ought we to exert ourselves, now
that four entire provinces are blockaded." But if you v\'ere filled
with just resentment because your distant friends and compatriots
were so oppressed with new injuries, how must you feel now wlien
the oppression is brought to your own door, and this colony is cut
off from all manner of trade — equally with New England? By
an act of Parliament passed the 15''° of April New Jersey, Pennsyl-
vania, Maryland, Virginia and South Carolina are deeply affected ;
and the British Parliament now attempt to compel the united Colo-
nies to submit to slavery, not only by force of arms, but by a measure,
which till now, has never disgraced the hist'ory of mankind. When
the diabolical Act respecting the New England governments was in
the house of lords the illustrious patriots there made a protest against
it " because to attempt to coerce by famine the whole body of the
inhabitants of great and populous provinces, is without example in
the history of this or perhaps any civilized nation ; and is one of
those unliappy inventions to which parliament is driven by the diifi-

COLONIAL RECORDS. 59

culties which multiply upon us, from an obstinate adherence to an
unwise plan of government." But when this second fomine act
passed the house of lords, the patriots, now fully convinced of the
inefficiency of argument made their Protest, without deigning to
assign one reason: a silence more expressive and poignant, than any
form of words they could have arranged.

The lord Mayor, aldermen and livery of London on the 10'" of
April last, presented an aildress, remonstrance and petition to the
King declaring "their abhorence to tlie measures which have been
pursued and are now pursuing to the oppression of our fellow sub-
jects in America: measures big with all the consequences that can
alarm a free and commercial people," and they tell the King "they
plainly perceive that the real purpose is to establish arbitrary power
over all America." But the throne being surrounded by evil coun-
sellors, and the Americans being by them traduced to the sovereign,
he gave the following unfavourable answer to the city of London:

" It is with the utmost astonishment that I find any of my subjects
capable of encouraging the rebellious disposition which unhappily
exists in some of my colonies in North America. Having entire
confidence in the wisdom of my parliament, the great council of the
Nation, I will steadily pursue those measures which they have recom-
mended for the support of the constitutional Rights of Great Britain
and the protection of the commercial Interests of my Kingdom."

But the wicked ministers not content with hardening yet again
the King's heart against his American subjects, they persuaded him
to outrage the Rights of the City of Loudon because she stood
before the throne in favour of America. For the very day after his
]\Iajesty caused it to l)e notified to the Lord Mayor that "he will not
receive on the throne any address, remon.strance and petition but
from the body corporate of tlie city," and thus was it cfesigned to
prevent the lord mayor, aldermen and livery of London from speak-
ing to the King upon the subject of American calamities. The Lord
Mayor "in extreme astonishment and grief" at this violation of a
mos-t important right of the city was indefatigable in his researches
into the law and records upon that subject, and in an excellent letter
to the lord chamberlain of the King's household, in answer to the
above notification by him, tlie lord mayor thus expresses himself:

" And therefore I presume to lay claim, on behalf of the livery of
London, to the ancient privilege of presenting to the King on the
throne any address, petition or remonstrance. In this manner have

60 COLONIAL RECORDS.

the addresses of the livery constantly been received both by his
present Majesty and all his royal predecessors, the Kings of England.
On the most exact research I do not find a single instance to the con-
trary. This immemorial nsage, in the opinion of the ablest lawyers,
gives an absolute right ; and is as little subject to controversy as
any f;iir and just prerogative of the crown : Other rights and privi-
leges of the city have been invaded by despotic nionarchs by several
of the accursed race of the Stuarts, but this is not part of our his-
tory. It has not even been brought into question till the present
inauspicious era. I have an entire confidence that a right left unin-
vaded by every tyrant of the Tarquin race will be sacredly preserved
under the government of our present sovereign because his Majesty
is perfectly informed that in consequence of their expulsion his
family was chosen to protect and defend the rights of a free people
whom they endeavored to enslave.

" Important truths my lord were the foundation of the last hum-
ble address remonstrance and petition to the King respecting our
brave fellow subjects in America. The greatness as well as good-
ness of the cause and the horrors of an approaching civil war justi-
fied our application to the throne. I greatly fear your lordship's
letter immediately following his Majesty's unfavourable answer to
the remonstrance will be considered as a' fresh mark of the King's
anger against our unhappy brethren as well as of his di.spleasure
against his faithful citizens of his Capital."

Thus fellow citizens, it is evident by the clearest demonstration
that our Rights are not to be recovered by humble a,ddresse.s, remon-
strances and petitions to the throne. Meditate upon the King's late
answer; reflect upon the immediate outrage on the city of London,
say does not the one exclude every ray of hope of an equitable
accommodation by peaceable applications ? Is not the other a les-
son in ierrorcm to such of our friends in England as may be inclined
to interceed in favour of America ? But difficulties ever animated
and invigorated those who had virtue to stand up in defence of
public rights and success almost ever attended such a conduct. We
are nov/ to act in defence of all that is held dear and valuable.
Americans, let us at least approve ourselves worthy of enjoying the
rights of mankind.

COLONIAL RECORDS. 61

[From MS. Records in Office of Secret.\ry of State.]

Proceedings of the Safety Committee in Pitt Count} .

Martinbokough 1" July 1775.

The Committee of tlie County met according to order a.s before
mentioned and has entered into the following association:

We the freeholders and inhabitants of the county of Pitt and
town of Martin, being deeply affected with the present alarming
state of this Province and of all America — Do Resolve that we
will pay all due allegiance to his majesty King George the third
and endeavor to continue the succession of his crown in the Illus-
trious house of Hanover as by law established, against the present
or any future wicked ministry, or arbitrary set of men whatsoever,
at the same time we are determined to assert our rights as men and
sensible that by the late acts of Parliiment the most valuable Lib-
erties and priviledges of America are invaded and endeavor to be
violated and destroyed and that under God the preservation of them
Depends on a firm union of the Inhabitants and a sturdy sj^irited
observation of the Resolutions of the Generel Congress, being shocked
at the cruel scenes now acting in the Massachusetts Bay and deter-
mined never to become slaves to anj' power upon earth, we do
hereby agree and associate under all tyes of Religion, Honour, and
regard for Posterity that we will adopt and endeavour to execute the
measures which' the General Congress now sitting at Philadelphia
conclude on for preserving our constitution and opposing the execu-
tion of the several arbitrary Illegale acts of the British Parliament
and that we will readily observe The Directions of our General Com-
mittee for the purpose aforesaid, the Preservation of Peace and Good
Order and Security of Individuals and private property.

(Signed) JOHN SIMPSON, Ch'n.

Amos Atkinson Bay Brown John Robson

Robert Grimmer Thos. Wolfenden James Lanier

Wm. Travis James May, Jun' Jesse Jolly

Rich^ Rives George Moye James Lockhart

Dennis Cannon W" Bryan Godfrey

Simon Pope Benj" May Thomas Goff

Archibald Adams Will" Robson Robert Salter

John Evans Arthur Forbes Pat'' Lacev

62

COLONIAL RECORDS.

Mathias Studivant
John Williams
Edmund Williams
Allen Sugg
James Gorham
Joel Sugg
David Perkins
Geo. Evans
John Fry
' William Graves
Mathias Moore

Moore

William Osburn
Jno. Enloe
Marcus Stokes
Jno. Fleming
Sam'l Barrow
Richard Grice
Rich"* Moye
Nathan Godley
Lazarus Pearce

Edward Salter
Thos. Hardee
James Armstrong
Henry Jones
John Hardee, Jun'
Robert Dixson
Fred" Gibble
William Jones
Thomas Albriton
John Hardee
William Whitfield
Walter Dixson
Lemuel Cherry
Henry Williamson '
Dempsie Grimes
Thomas Gualtney
John Lesslie
John Smith
Richard AVilliams
Abraham Adams
Joseph Gainer

John ]\Ioye
Sol. Shepherd
James Hancock
John Cason
John Moring
Samuel Warren
William Granbray
Peter Rives
Howell Plodges
James Brooks
William Burney
John Tilghman
Absalom Rodgers
Robert Hodges
Benjamin Blount
George Moye, J'
John Moye, J"'
John Barber
Henry Ellis
Jolm Bowers
Geo. F

Resolved, that the following Rules may be Observed by this Com-
mittee, viz:

Any member having a motion to make to Address the Chairman.

No member to Interrupt another member when speaking.

No member to speak more than twice on any one Debate without
Leave.

Any member to speak as short and Concize as tlie Nature of the
Debate will admit.

That any nine persons of this Committee may sitt & Do Business
in answer & forwarding Dispatches & twenty one may do any
business.

That the Chairman may sign the proceedings on Behalf of tlie
Committee.

That the Chairman have power to Convean the Committee on
occasion of any Emergencie.

That the Chairman call any member to order when out of Rule_

In case the Chairman be Absent at any meeting of the Committee,
the Committee may chuse a president, to Act on his Behalf.

COLONIAL RECORDS. 63

Resolved, That the following persons be ai)pointed Patrolers to
Search all suspected places &g and finding anj' Negro Slave or
Slaves from their Masters Lands without a pass from his j\Iaster
Mistress or Coroner to take the said Slave or Slaves and give them
Thirty nine Lashes or Less if they think proper, and if anj^ Negro
Slave be found with am/ fire arms or ammunition in his or her
possession that the said Patrolers may seize and take away nay
such arms and seli them at Public Sale, first being advertised ten
Days — the money arising from such sales to be paid into the hands
of the Churchwardens of St Michaels Parish for the use and benefit
of said Parish.

Drawn out — Amos Atkinson, Robert Grimes, Richard Rives,
Simon Pope, James May, .Jun., .Jno. Robisou, Markers Stocks, Robert
Sanders, Absalom Rogers,' Edm"* Adams, Samuel Warren, -Jonas
]\Iaj-, to act in Capt. Atkinson's Comp'y.

Drawn out — Charles Waldrum, William Osbourn,. Godfrey Stan-
sell, Sion Andrews, John Jolley, John Barnes & Fredrick Bryant,
John Worsley, Edward Moore, Jas. C. Moore, Henry ]\Ioore, to act
in Capt Daniels' Company.

Josiah Knox, David Perkins, W". ( lemmons, Peter Jolley, Abra-
ham < ongleton, .James Griffin, Aaron Dudley, in Perkins District.

Joseph Garner, Will" Crawford, James Williams, Seth Lanier,
W" Lanier, Jun., James Latham, in one Company.

John Knowis, Jun., Griffin Floyd, Jacob Brown, Josiah Littel
Jun., Thos. Williams, Jun., & John Dowdy in one Company.

Matthew Hodgee, Robt. Hodge.s, James Crimean, Jno. Brinkley,
Charles & .Jno. Whitehead, George Littel, John Smith, Kelley Ca.son,
Jos. James, James Gorham, in one Company.

Robert Daniel, Jun., Robert Salter sent John Little, William
Baldwyn, Edmon Williams, John Flemming, John Cason, William
Robson, Samuel Barrow, Ilillery Cason, George Pierce, John Hill,
Israel Harden, Rich'' Grist, Lazarus Peine, John Godley, Benjamin
Grist, Nathan Godley, John Salter, Jas. Salter, Edward Salter, James
•Jones, John Watkins, James Armstrong, as far as Chicod.

William Jones, Rolin Dixson, Jas. Burt, V\'alter Dixson, George
Flemin, Frederick Gibble, John Simpson, George Albritton, Tlios.
Albritton, Richard Albritton, Abraham Adams, in one Comp'y.

John House, Jun., Arch' Adams, Daniel Cherry, Jcseph HarcTee,
William Barney, Isaac Stocks, Jas. Hencock, Dennis Cannon, Nath'
Cannon, W. J. Cannon, Wm. Williams, Jas Brooks, in one Comp'y.

64 COLONIAL RECORDS.

John Enloe, Isaac Hardee, Jun'', Thos. Goff, William Grovy, John
Lesslie, William Tison, Jonath" Tison, Luke Beats, Geo. Falkner,
John Fry, George Evans, Thos. Wolfenden^ Arthur Forbes, Richard
Moye, William Furnay, John Moye Jun', George Moye Sen', Samuel
Staflbrd, George Blan, Cornelius Tison, in one Company.

Elias Godley Joel Sugg, Samuel Tress, Edward Sturdevant, Stert
Dupree, Benja. Dupi'ee, Allen Sugg, George Sugg, Nattf Lanier, Geo.
Wolfenden, Benjamin May, Richard Williams, Samuel Tison, John
Joyner, Hy. Williamson, Nath. Moore, Shad'' Eason, Solomon Ward,
John Williams, Jun' James Lockheart, in one Comj)any.

Resolved, That John Lesslie, Clerk, furnish each Company of
Patrolers with a List and a copy of the above Resolve for a Rule of
their conduct.

Resolved, That the Captains of the Different Companies call their
nlen together in Order the}^ should choose their Officers. By request
of the Chairman.

Resolved, That the Reverend Mr Blount Preach in the Court
House of Martinborough on

Resolved, That the 20"' da}^ of this Instant, be Observed as a Day
of Publick Fasting and Humiliation agreeable to the appointment
of the Continental Congress, & that the Reverend JMr Blount By
Desire of the Chairman to Preach a Sermon at Court house in Mar-
tinborough Suitable to the Occasion.

This Cominittee Adjourned until the 29"' of this Instant.

J0H:N SIMPSON, Chairman.

[From MS. Eecords in Office of Skceetary of State.]

Proceedings of the Safety Committee at Wilmington.

Monday July S"" 1775.

At an occasional meeting of the Committee.

Present: Cornelius Harnett, Chairman; Francis Clayton, Deputy
Chairman; Arch'd I\Iaclaine, Jno. Rob^on, Jno. Aucrum, Wm.
Ewins, James Walker, Sam'l Marshall, Tim. Bloodworth.

Whereas, it was Resolved, at a se.ssion of the Honorable Conti-
nental Congress, now^ assembled at Pliiladelphia, That Thursday
the 20"' July next should be held as a day of fasting and prayer.

COLONIAL RECORDS. 65

It was unanimously agreed to in committee met at Wilmington,
that the humble observance of that day should be warmly incul-
cated on every inhabitant of this province and that the following
resolve of the Honorable Continental Congress should be made
public.

Ordered, That two hundred copies of the said resolve be printed
in hand bills and distributed through this Colony.

On motion, ordered, That the chairman of the Committee write
to Allen McDonald, of Cumberland County, to know from himself
respecting the reports that circulate of his having an intention to
raise Troops to support the arbitrary measures of the ministry
against the Americans in this colony, and whether he had not made
an offer of his services to Governor Martin for that purpose.

Ordered, That the following agreement be put up at the court house :

Whereas, several members of the Wilmington Committee seem
to find it inconvenient to give their attendance with that punctuality
that the present exigence of affairs now demand and as it has been
the practice of all the Northern Colonies since American politics
have been drawing towards their present crisis, to re-elect their com-
mitteemen, for these reasons and that the people may have an
opportunity of confirming or annulling their former choice, it has
been unanimously agreed to in committee held this day at Wilming-
ton to make the al)ove public and request the attendance of all the
inhabitants qualified to vote for members of the Assembly, to meet
at the court-house on Thursday next and elect a committee to rep-
resent said town, as it has been thought tliat the present committee
is not sufficiently numerous it is recommended to the Electors to
take the augmentation of the future one into consideration.

The committee then adjourned till the next occasional meetino-

[Froh MS. Records i\ Office of Secretary of State.]

Letter from the Safety Committee at New Bern to the Safety Commit-
tee at Wilmington.

New Beex, 3'' -July, 1775.
Gentlemen,

AVe send you lierewith inclosed a letter from the Congress to the
several Committees in this Province which was sent us by M' Caswell

VOL. X — 5

66 COLONIAL RECORDS.

and reprinted here also a Proclamation of a Fast intended to be kept
on the 20* of July List. M'' Caswell desired we should send to the
following Counties Viz', Carteret Beaufort Pitt Hyde Edgecomb Hal-
lifax Northampton Bute which Counties we have sent to also to
Dobbs Johnston Onslow and now to you. We expect I\P Hooper
has sent the same for you to furnish the southern Counties and that
jVr Llewes would send the same to Edenton and the adjacent Coun-
ties. I\P Caswell mentioned to us that he would send by a man who
was going from Philadelphia to Mecklinburg County the same for
the Western Counties. If they are not come to hand you will
endeavor to send Copies to y'' Neighbouring Counties. We hope the
Fast will be Religiously observed. We have taken the Cannon from
the Palace which we found sjjiked up and brought them to the Court
House. Gen' Gage's Letter to Gov'' Martin was known by L. G. Berry
before the Committee got it. We have therefore ordered it to be
published as we thought it would open the Eyes of the people.

We send you enclosed a late acco' of a Battle which happened the
16'" of June. We are Gentlemen your obed' Serv".

By order R. COGDELL, Chairman.

N. B. AVe have joined you in a Letter to if Johnston to Call a
Convention at Hillsborough as it was proposed.
A true Copy. Witgraves, Clk. ]S[. Com.

[B. P, R. O, Am. & W. IND.: No. Carolina. No. 222.]

Letter from the Earl of Dartmouth to Governor Martin.

Whitehall July 5"' 1775.
Sir,

I shall hope to be able by a Store Ship that will sail for A'irginia
in a few days to write you fully upon the state of the ' Province
under your Government and upon the variety of matter contained
in your late Dispatches N"' 29, 30, 31 & 32.

In the mean time I take the. chance of a Conveyance to 3'ou by
the Carolina Packet, to acquaint you, that in consequence of the
Advices received from all Quarters, that not only the four New
Eno-land Governments are in Arms, but that almost every other
Colony has catchcd the ilame, and a spirit of Rebellion lias gone

COLONIAL RECORDS. 67

forth that menaces the subversion of the Constitution, it is the
King's firm resolution, that the most vigorous efforts should be
made, Ijoth by sea and land to reduce his Rebellious Subjects to
obedience, and the proper Measures are now pursuing not only
for augmenting the Army under General Gage, but also for making
such addition to our Naval strength in North America as may
enable Admiral Graves to make such a Disposition of His Fleet, as
that besides the Squadron necessary for the New England Station,
there may be seperate Squadrons at New York, within the Bay of
Delaware, in Chesapeake Bay, and upon the Coast of Carolina.

After what has passed there can be no doubt what ought to be
the plan of operations for the Squadron upon the New England
Station and I think it necessary to acquaint you, for your own
Information, that Admiral Graves will be instructed to exert the
most vigorous efforts for suppressing the Rebellion now openly
avowed and supported in that Country, and to seize and detain all
Ships and Vessels belonging to the Inhabitants thereof, such only
excepted as are the Property of Persons who are Friends of Gov-
ernment and have shewn an Attachment to the Constitution.

There is still some room to hope that the Colonies to the South-
ward may not proceed to the same lengths with those of New Eng-
land, it is however His Majesty's Intention; that the Commander
of the se})erate Squadrons I have mentioned should be instructed
to prevent all Commerce between the Colonies within their respect-
ive stations, and any other Places than Great Britain Ireland and
His ^lajesty's Islands in the West Indies, that they should receive
on Board and give pr(.)tection to any officers of the Crown, who
may be compelled by the violence of the People, to seek for such
an Assylum, and to proceed as in the case of a Town in actual
Rebellion against such of the Seaport Towns being accessible to the
King's Ships, as shall hereafter offer any violence to the King's
officers, or in which any Troops shall be raised or Military Works
erected other than by His Majesty's Authority or any attempt made
to seize or plunder any public Magazines of Arms or Ammunition.
With regard to the plan of operations to be adopted by General
Gage', it must depend upon his own Judgment, and the opinion of
the able Generals with him, and therefore I have only to add, that
it is His Majesty's express Command, that you do exert every
Endeavour, and employ every means in your power to aid and sup-

68 COLONIAL fjECORDS.

port him and Admiral Graves, in all such operations as they may
think proper to undertake for carrying the King's orders into full
execution, and restoring the Authority of His Majesty's Government.

[From MS. Records in Office of Secretary oe State.

Proceedings of the Safety Committee at Wilmington.

Wednesday, July 5"', 1775.

At an occasional meeting of the Committee.

Present : Cornelius Harnett, Chairman ; Francis Clayton, Deputy
Chairman; Arch'* Maclaine, James Walker, John Ancrum, Samuel
Ashe, John Ashe, James Blythe, John Quince, W" Ewins, Tim.
Bloodworth, W" Purviance, W" Jones, Samuel Swann, Joel Parish,
An. Ronaldson.

A letter of the 27th June last, was received from the committee of
intelligence, in Charlestown, S. C, by Captain Charles Cotesworth
Pinkney, and read this day, rec[uesting that this committee may
give proper countenance to Captain Pinkney and such officers as
accompany him, being sent with an intention to raise men for the
defence of American Liberty

Piesolved, therefore, That the Chairman of this Committee be
impowered to write to the Committees of the several counties and
towns in this Province, earnestly recommending their aid and assist-
ance to the officers from South Carolina, in raising such numbers of
men as may be necessary to complete their levies now raising for
the common defence and support of the Liberties of America, and
to express the sense this Committee has of the noble and patriotic
conduct of our sister Colony in the common cause.

On motion. Resolved, That the exportation of all kinds of Pro-
vision to the Island of Nantucket, should be stopped until further
orders by the Continental Congress, and it is recommended to the
merchants of this port to observe the same.

John Thally was sent for and appeared before the committee'
when he solemnly declared that he had never by any means what-
soever endeavored to alienate any person or persons from their duty
in support of the general cause; and desired an advertisement which
he signed to be put in the Mercury.

The committee then adjourned till next occasional meeting.

COLONIAL RECORDS. -69

Thursday, July 6'" 1775.

At an election for committee men for the town of Wilmington,
agreeable to a Resolve, of the late committee on Monday the 3"* inst,
the following persons were duly elected to represent the said town :

Cornelius Harnett, Francis Clayton, Archibald Maclaine, William
Hooper, James Walker, John Ancrum, John Quince, John Robeson,
Wm. Purviance, Wm. Ewins, A. Ronaldson, James Blythe, Peter
Mallett, William Wilkinson, Adam Boyd, Hy. Toomer, James Tate,
John DuBois, John Forster, Doc't Jas. Geekie, Frans. Brice, Caleb
Grainger, William Campbell.

[B. P. R. O. Am. & W. I.VD.: No. Caeolixa. No. 223]

Letter from Governor Martin to the Earl of Dartmouth.

North Carolina, Fort Johnston, July 6"", 1775.
My Lord,

I have the honor to inform your Lordship that I received your
several Dispatches by the Sandwich Packet yesterday, through the
hands of Captain Tolemache Commander of His Majesty's Ship
Scorpion, who has touched' here on his way from Charles Town to
Boston, for the sole purpose of delivering them, and giving me oppor-
tunity to communicate with General Gage which I have long wished
for in vain, no mode of communication by sea having been yet
Established by the Admiral or General, while all intercourse with
them by land is entirely cut off, by the vigilance of the Committees
appointed all over the Continent, which no Messenger or letter can
escape, an omission greatly to be lamented, as it may be attended
with the worst consequences to His Majesty's Service. A Servant of
mine whom I had dispatched from hence to the Post Office at Wil-
mington for my letters three days ago, was stopped by the Commit-
tee of the little Town of Brunswick who obliged him to swear that
he had no Letters for me before he was suffered to proceed. I can-
not adequately express to your Lordship the indignation I felt on
hearing from Captain Tolemache at the time of his delivering your
Lordships Dispatches to nie that they had been violated before they
came to his hands by the Mob at Charles Town, which was certified
upon the covers by ]\r Roupell the Deputy Post Master Creneral there,
in these words, " Opened by the Committee of Inspection at Charles

70 COLONIAL RECORDS.

Town. G. Roupell," wlio writes to me also more particularly of this
enormity, that is a most astonishing instance of licentiousness which
I dare say your Lordship will hear of with no less amazement than
I should have felt, if M' Roupell in whose Custody some private let-
ters of mine, that I sent lately to him by water to be forwarded, were
violated by the Committee, had not in his letter relating that xevy
extraordinary occurrence informed me that he had apprehensions of
like violence being done to the Public Dispatches which should
come by the Mail then in expectation, which the event has proved
was but too well grounded, and which I confess I wonder a man of
his prudence and integrity did not guard against by opening the
Mail on Board one of His j\Lijest3''s Ships in the Harbour, as he has
since resolved to do for the security of the future dispatches of Gov-
ernment.

I think it proper, that your Lordship may be able to determine
whether any of your dispatches to me b}' the Sandwich Packet have
been suppressed by the violators of them at Charles Town, to inform
your Lordship that I have received by her jNIail Duplicates of your
Lordship's seperate Dispatch of the 3'^ of March, and of the two
Circular and Private Dispatches referring thereto, of the same date,
together with a duplicate of your Lordship's Dispatch N" 15, origi- ~
nal and duplicate of your Lordship's Letter signifying the King's
pleasure concerning the authority of the Commander in Chief and
the Major Generals and Brigadier Generals of His INIajesty's Forces
in America, and three letters from M" Pownall covering Duplicates
of the Addresses of the two Houses of Parliament to the King, and
His Majesty's most gracious answer thereto, & printed Copies of 4
Acts of Parliament, the Proclamation of the States General prohib-
iting the exportation of military Stores and 20 Printed Copies of
General Burgoj-ne's Speech. The vast advantages My Lord that I
apprehend are to be made of the strength which this Province yields
within itself, for- the support of His Majesty's Government, not only
here but in the neighbouring Provinces are in my opinion of the
greatest importance and such as I think I cannot sufficiently recom-
mend to your Lordship's attention, wherefore and as it is scarcely
possible to state all the present circumstances of this Country at
large, in a letter in such manner as to satisfy all inquiries, and to
obviate all objections, I have engaged M' Alex' Schaw whom I
have now the honor to introduce to your Lordship to charge himself
with this Letter, and my Dispatch No. 34. This Gentleman, I can

COLONIAL RECORDS. 71

assure your Lordship with the utmost confidence, is quahfied by his
intelhgence, his candour and his accurate observation, during some ■
months that he has resided in tliis Colony, to give your Lordship
every information tliat you can desire relative to its present condi-
tion and circumstances.

jNP Schaw My Lord is an officer in the Customs in the Island of
St. Christoi^hers, from which he has been absent by leave on his
private concerns here, and was preparing to return to it, when Cap-
tain Tollemache's arrival presented me with so fair an occasion to
emploj' him advantageously for His Majesty's Service, that I could
not resist it, and having verj' readily oljtained M'' Schaw's consent
to undertake anything wherel^y I should think he could in the least
advantage His Majesty's Service, and given him my assurance that I
was persuaded the King and the Lords of the Treasury would
acquit him of any neglect of his office while he was employed so
much more importanth' in the cause of Government, nothing
remained but that I should engage Capt° Tollemache to stay 48
hours beyond the time he had appointed for his departure for my
Dispatches and i\r Schaw's necessary preparation, which that officer
most politely agreed at my request to do, since it would in my opin-
ion be for the advancement of His Majesty's Service. I beg leave
therefore My Lord, to refer your Lordship to jNI' Schaw for all infor-
mation that may be vranted relative to this Colony firmly trusting
that your Lordship will find him as intelligent and satisfactory in
all respects as I think him.

I most humbly pray His Majesty's and your Lordship's forgive-
ness for observing on the King's Pleasure that the Major Gen-
erals and Brigadier Generals orders should be supreme in military
Affairs througliout America (although I shall not fail most dutifully
to obey it) will bear somewhat hard upon me, who have already
had the honor to serve His Majesty in the Rank of Lieutenant Colo-
nel, am now actually honored with the highest station in this Prov-
ince, and the King's immediate Representative, and am able by my
own influence, and weight in the country to collect within it a power
that I may presume to say no other officer can, and with which I
will engage to maintain His Majesty's Government here in all
events, besides doing much more extensive service, if I am properly
supported, and I most humbly submit my case to my Royal j\L^ster's
most gracious consideration, with the most perfect resignation to
His Majesty's Justice. I have the honor to be

•JO. MARTIN.

72 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of .State.]

Proceedings of the Safety Committee at Wilmington.

Friday .July T"' 1775.

At an occasional meeting of the Committee.

Present : Cornelius Harnett, Francis Clayton, Archibald Maclaine,
James Walker, Jno. Ancrum, .Jno. Quince, Jno. Robeson, Wm.
Ewins, A. Ronaldson, Peter Malette, Wm. Wilkinson, Adam Boyd,
Hy. Toomer, James Tate, Jno. Dubois, Jno. Foster, Jas. Geekie,
Francis Price, Caleb Grainger, Wm. Campbell, Wm. Miller.

The new committee having met agreeable to a summons, pro-
ceeded to choose a Chairman and Deputy Chairman: Accordingly
Cornelius Harnett Esquire was unanimousl_y chosen Chairman and
Mr Francis Clayton, Dej^uty Chairman.

On motion Resolved unanimously as the ojjinion of this Com-
mittee that the immediate call of a Provincial Convention is a
measure absolutelj^ necessary and that the Chairman do recommend
the same to Samuel Johnston Esq.

On motion Resolved unanimously that every T\'hite man capable
of bearing arms, resident in Wilmington shall on or before Monday
the 10* instant, enroll himself in one of the two companies there
and that every man of the above description, who has not signed
the Association, apply to the subscriber, in whose possession for that
purpose it is, and subscribe the same. A neglect of the above will
be considered by the Committee as a declaration of intentions
inimical to the common cause of America; and the Committee
further direct, that no master shall prevent his apprentices or
servants from complying with the Resolution — to be signed by the
Secretary.

On motion, Ordered, that Cornelius Harnett, Arch'd Maclaine,
Fr's Clayton, Adam Boyd, and John Ancrum, be a committee of
Correspondence till the next monthly meeting of the Committee
for the Town and County.

On motion. Ordered, that the Committee of Intelligence dravr up
a Resolution to hold James Hepburn up to the public, as inimical
to the liberties of his country and the common cause of America,
which is as follows:

COLONIAL RECORDS. 73

Whereas, this committee hath received information from uudoubted
authority, that James Hepburn of Cumberland county, attorney at
law, did lately apply to the committee of that county, for orders to
raise a Company "under the Militia law, to preserve the Independence
of the subjects, and the dignity oj the Government," and afterwards
declared that, had the application met with success, the Company
was intended to act against the American cause. And, whereas,
Oath has this day been made by .James Clardy, of Bladen county,
that the said James Hepburn, in conversation with the said Clardy,
after inc[uiring what officers had been chosen for the county of
Bladen, and asking if tlie said Clardy was not a committee-man,
said, in derision, that these were fine times when the country was to
be governed by Committees; and, in order to intimidate the said
James Clardy, and other the good people of this Province, falsely
and maliciously asserted that there were 50,000 Russians in his
Majesty's pay, and that they had embarked, or were to embark
immediately, in order to subdue the Americans: and, whereas, it is
notorious that the said James Hepburn, hath very lately been with
Governor ]\fartin at Fort Johnston, in company with some gentle-
men lately settled in this Province, as it is said, and universally
believed,' to offer their services to the said Governor, and to obtain
his orders for raising mercenaries to suppress the noblest struggles
of insulted liberty. It is, therefore,

Resolved, unanimouslj^. That the said James Plepburn, is a false
scandalous, and seditious incendiary, who, destitute of property and
influence, as he is of principle, basely and traitorously endeavors to
make himself conspicuous in favor of tyranny and oppression, in
hopes, by violating the primary and fundamental laws of nature
and the British Constitution, to raise a fortune to his fomily upon
the subversion of Liberty, and the destruction of his country.

Ordered, that this Resolve, and this Preamble upon which it is
founded, be published ; in order that the Friends to American Lib-
erty may avoid all dealings and intercourse with such a wicked
and detestable character.

The committee then adjourne.;! till the next occasional meeting.

WiLMiXGTOX, 7"" July, 1775.
Gentlemen,

We could have wished you had sent us a few more copies of the
printed letter sent by our delegates to the several committees in this

COLONIAL RECORDS.

province, as we have been obliged to make several MS. copies for the
sake of dispatch.

The resolve for appointing, a fast we had printed and distributed
last week, even to some of the western counties.

We should have imagined that M" Berry would rather have con-
cealed than published Gen' Gage's letter but as it was known, we
must approve of your publication.

AVould to God the accounts you sent us of the battle raay be true.
It furnishes a new reason for holding a Convention, and we earn-
estly entreat you to push that matter, that the province may imme-
diately be put in a state of defence. We are with respect Gentlemen
your obedient servants, A. MACLAINE

CORN' HARNETT
JOHN ANCRUxAI
ADAM BOYD
FRANCIS CLAYTON
Committee of Intelligence.
To the Committee at New Bern.

[Reprinted Fitoji American Aechives. Vol. 2, Page 1G09.] ■

In Provincial Congress. New York.
July 8'^ 1775.

CTOvernor Martin's intercepted letter to Henry White of Ne^v York.

New York Congress to Charles Thomson,

SiK,

The Congress received yours of July V^, enclosing Governor Mar-
tin's letter to Mr Henry White, dated June 13* [see page 16 ante. — \
Editor], and immediately appointed a Committee to confer v\-ith
him on the subject. From the answers he gave to the Committee)
and a letter received from him (a copy of which is enclosed), the
Congress are fully satisfied that Mv White's conduct in this matter
has lieen unexceptionable, and such as becomes the character of a
good citizen. . I am. Sir, &c.,

By Order P. ^^ B. LIVINGSTON,

President.

To Charles Thomson, Esquire.

COLONIAL RECORDS. 75

Saturday, July 8•^ 1775.
Sir,

Thi-ee gentlemen of the Provincial Congress called upon me with
an intercepted letter from Governor Martin of North Carolina dated
the IS"" June, to send him a royal standard from hence. They
desired to know if I had complied with his request, and whether I
could inform them respecting the measures he was now pursuing;
in answer to which I have to observe, that he some time ago wrote
to me to send him such a standard, which I declined to do, lest it
might be disagreeable to the people of this place, and wrote him to
that purpose ; which letter I apprehend miscarried, or he must have
received it before the thirteenth of last month. With regard to the
steps he has now taken in his Government, I am utterly unac-
quainted with; he has not communicated to me any particulars.
Governor ^Martin is a gentleman I am intimately acquainted with,
and have transacted business for him ever since he has been at North
Carolina; which accounts for his applying to me for the above
standard.

I imagine it vrill be believed I did not solicit the commission.

■I am, Sir, &c,

HENRY WHITE.

To Peter X. B. Livingston, Esquire.

[B. P. R. O. A;.i. & W. L\D.: Vol. 22i.]

The Twelve United Colonies by their Delegates in Congress to the
Inhabitants of Great Britain.

Friexds, Couxteymex axd Bketheex,

By these and every other appelation that may designate the ties
which bind us to each other, we entreat your serious attention to
this, our second attempt, to prevent their dissolution. Remembrance
of former friendships, pride in the glorious achievements of our
coumion Ancestors, and affection for the heirs of their virtues hath
hitherto preserved our mutual connection, but when that friendship
is violated Ijy the grossest injuries, when the pride of Ance.stry
becomes our reproach and we are no otherwise allied than as tyrants
and slaves, when reduced to the melancholy alternative of renounc-

76 COLONIAL RECORDS.

ing your favour or our freedom cau we hesitate about the ch.oice?
Let the spirit of Britons determine.

In a former address we asserted our riglits, and stated thejnjuries
we had then received. We hoped that the mention of our wrongs
would have roused that honest indignation which has slept too long
for your honor, or the welfare of the Empire. But we have been
permitted to entertain this pleasing expectation ; every day brought
an accumulation of injuries,- and invention of the Ministry has
been constantly exercised in adding to the calamities of our Ameri-
can brethren.

After the most valuable right of legislation was infringed, when
the poAvers assumed by your parliament, in which we are not repre-
sented, and from our local and other circumstances, cannot properly
be represented, rendered our property precarious; after being denied
that mode of trial to which we have long been indebted for the
safety of our persons, and the preservation of our liberties; after
being in many instances divested of those Laws which were trans-
mitted to Us by our common Ancestors, and subjected to an arbi-
trary code, compled under the auspices of Roman tyrants; after
annulling those Charters, which encouraged our predecessors to
brave death, and danger in ever^^ shape on unknown seas, in deserts
unexplored, amidst barbarous and inhospitable nations! when, with-
out the form of trial, v.'ithout a public accusation whole Colonies
were condemned! their Trade destroyed, their Inhabitants impov-
erished; when soldiers were encouraged to imbrue their hands in the
blood of Americans by offers of impunity; when new modes of
trial were instituted for the ruin of the accused, where the charge
carried with it the horrors of conviction; when a despotic Govern-
ment was established in a neighbouring Province, and its limits
extended to every of»our frontiers ; we little imagined that anything
could be added to this black catalogue of unprovoked injuries; but
we have unhappily been deceived, and the late measures of the
British ministry fully convince us that their object is the reduction
of these colonies to slavery and ruin.

To confirm this assertion let us recall our attention to the affairs
of America, since our last Address, — let us combat the calumnies
of our enemies ; and let us warn you of the dangers that threaten
you in our destruction. Many of your fellow subjects, whose situa-
tion, deprived them of other support, drew their maintenance from
the sea; but the deprivation of our liberty being insufficient to

COLONIAL RECORDS. 77

satisfy the resentment of our enemies, the horrors of famine were
superadded and a British parliament, who, in better times, were
the protectors of innocence, and patrons of humanity, have witli-
out distinction of any age or sex, robbed thousands of food, which
they were accustomed to draw from that inexhaustible source placed
in their neighbourhood ])y the benevolent Creator.

Another act of your legislature shuts our ports and prohibits our
trade with any but those States, from whom the great law of self
preservation renders it absolutely necessary we should at present,
withhold our commerce. But this act (whatever may have been its
design) we consider rather as injurious to your opulence than to
our interest. All our commerce terminates with you: and the
vrealth we procure from other nations is soon exchanged for your
superfluities. Our remittances must then cease with our Trade
and' our refinements with our affluence. We trust however that
laws which deprive us of every blessing but a soil which teems
with the necessaries of life and that liberty which renders the
enjoyment of them secure will not relax our vigour in their defence.

We might here observe on the cruelty and inconsistencj' of those
who while they publickly brand us with reproacliful and unworthy
epithets endeavour to deprive us of the means of defence by their
interposition with foreign powers and to deliver us to the lawless
ravages of a merciless soldiery. But happily we are not without
resources and though the timid and humiliating applications of a
British Ministrj- should prevail with foreign nations j'et industry
prompted by necessity will not leave us without the necessary
supplies.

We could wish to go no farther and not to wound the ear of
humanity leave untold those rigorous acts of oppression which are
daily exercised in the Town of Boston did we not hope that by
disclaiming their deeds and punishing the perpetrators j^ou would
shortly vindicate the honour of Ihe British name and re-establish
the violated laws of justice.

That once populous flourishing and commercial Town is now
garrisoned by an army sent not to protect but enslave its inhabi-
tants. The civil government is overturned and a militarj- despotism
erected upon its ruin.s. Without law, without right, powers are
assumed unknown to the constitution. Private propertj^ is unjustly
invaded. The Inhabitants daily subjected to the licentiousness of
the soldiery are forbid to remove in defiance of their natural rights

78 COLONIAL RECORDS.

in violation of the most solemn compacts. Or if after a long and
wearisome solicitation a pass is procured their effects are detained
and even those who are favoured have no alternative but jjoverty
or slavery. The distress of many thousand people wantonly deprived
of the necessaries of life is a sul)ject on which we would not wish
to enlarge.

Yet we cannot Ijut observe that a British Fleet (unjustified even
by acts of your legislature) are daily employed in ruining our com-
merce, seizing our ships and depriving whole communities of their
daily bread. Nor will a regard for your honor permit us to be silent
while British troops sully your Glory by actions which the most
inveterate enmity will not palliate among civilized nations, the
wanton and unnecessary destruction of Charlestown, a large, ancient
and once populous Town, just before deserted by its Inhabitants who
had fled to avoid the fury of your soldiery.

If you still retain those sentiments of compassion by which
Britons have ever been distinguished — If the humanity which tem-
pered the valour of our common ancestors has not degenerated into
cruelty, you will lament the miseries of their descendants.

To what are w"e to attribute this Treatment? If to any secret
principle of the constitution let it be mentioned ; let us learn that
the government we have long revered is not without its defects and
that while it gives freedom to a part it necessarily enslaves the
remainder of the empire. If such a principle exists, why for ages
has it ceased to operate? Why at this time is it called into action?
Can no reason be assigned for this conduct? Or must it be resolved
into the wanton exercise of arbitrary power? And shall the descend-
ants of Britons daily submit to this? No, Sir! We never will while
we revere the memory of our gallant and virtuous ancestors, we
never can surrender those glorious privileges for which they fought,
bled and conquered. Admit that your fleets could destroy our
Towns and ravage our sea coasts, these are inconsiderable objects,
things of no moment to men wliose bosoms glow with the ardor of
liberty. We can retire beyond the reach of your navy and without
any sensible diminution of the necessaries of life enjoy luxury which
from that period you will want, the Luxury of being Free.

AV^e know the force of your arms, and was it called forth in the
cause of justice and your country we might di-ead the exertion, but
will Britons fight under the banners of tyranny? Will they coun-
teract tlie labours and disgrace the victories of their ancestors?

COLONIAL RECORDS. 79

Will they forge chains for their posterity? If they descend to this
unworthy task will their swords retain their edge, their arms their
accustomed vigour? Britons can never become the instruments of
oppression till they lose the spirit of freedom by which alone they
are invincible.

Our enemies charge us with sedition, in what does it consist? in
our refusal to submit to unwarrantable acts of injustice and cruelty?
If so shew us a period in your history in which you have not been
equally seditious.

We are accused of aiming at independence, but how is this accu-
sation supported? By the allegations of your j\Iinisters, not by our
actions. Abu-sed, insulted and contemned, what steps have we pur-
sued to obtain redress? AYe have carried our dutiful petitions to
the throne — we have applied to your justice for relief, we have
retrenched our luxur}' and withheld our trade.

The advantages of our commerce were designed as a compensa-
tion for your protection; when you ceased to protect for what were
we to compensate?

What has been the success of our endeavours? The clemency of
our sovereign is unhappily diverted, our petitions are treated with
indignity, our prayers answered by insults. Our application to you
remains unnoticed and leaves us the melancholy apprehension of
your wanting either tlie will or the [)Ower to assist us.

Even under these circumstances, what measures have we taken
that betray a desire of independence? Have vre called in the aid
of those foreign powers who are the' rivals of your grandeur? When
your Troops were few and defenceless did we take advantage of their
distress and dispel them our Towns? Or have we permitted them
to fortify to receive new aid and to acquire additional strength ?

Let not your enemies and ours persuade you that in this we were
influenced by fear or any other unworthy motive. The lives of
Britons are still dear to us. They are the children of our parents;
an uninterrupted course of mutual benefits had knit the bonds of
friendship. When hostilities were commenced, when on a late occa-
sion we were wantonly attacked by your troops though we repelled
their assaults and returned their blows yet we lamented the wounds
they obliged us to give nor have we yet learned to rejoice at a vic-
tory over Englishmen.

As we wish not to colour our actions or disguise our thoughts, we
shall in the simple language of truth avow the measures we have

80 COLONIAL RECORDS.

pursued the motives upon which we have acted and our future
designs.

When our late petition to the throne produced no other effect than
fresh injuries and votes of your legislature calculated to justify every
severity, when your fleets and your armies were prepared to wrest us
from our properties to rob us of our liberties or our lives, when the
hostile attempts of General Gage evinced his designs we levied
armies for our security and defence, when the powers vested in the
Governor of Canada gave us reason to apprehend danger from that
quarter and we had frequent intimations that a cruel and savage,
enemy was to be let loose upon the defenceless inhabitants of our
frontiers we took such measures as prudence dictated, as necessity
will justify. We possessed ourselves of Crown Point and Ticon-
deroga. Yet give us leave most solemnly to assure you that we
have not yet lost sight of the object we have ever had in view, a
reconciliation with you on constitutional principles, and a restoi'a-
tion of that friendly intercourse which to the advantage of both we
till lately maintained.

The Inhabitants of this Country apply themselves chiefly to agri-
culture and commerce. As their fashions and manners are similar
to yours, your markets must afford them the conveniences and lux-
uries for which they exchange the produce of their labours. The
wealth of this extended Continent centres with you and our Trade
is so regulated as to be subservient onlj^ to your Interest. You are
too reasonable to expect that by taxes (in addition to this) we should
contribute to your expence to believe after diverting the fountain
that the streams can flow with unal:)ated force.

It has been said that we refuse to submit to the restrictions on our
commerce. From whence is this inference drawn? Not from our
words, we having repeatedly declared the contrary, and we again
profess our submission to the several acts of trade and navigation
passed before the year 1763, trusting nevertheless jn the equity and
justice of Pai'liament that such of them as upon cool and impartial
consideration shall appear to have imposed unnecessary or grievous
restrictions will at some happier period be repealed or altered. And
we chearfully consent to the operation of such acts of the British
Parliament as shall be restrained to the regulation of our external
commerce for the purpose of securing the commei'cial advantages of
the whole empire to the mother country and the commercial benefits
of its respected Members, excluding every idea of taxation internal

COLONIAL RECORDS. 81

or external for raising a revenue on the subjects in America without
their consent.

It is alleged that we contribute nothing to the common defence.
To this we answer that the advantages which Great Britain receives
from the monopol}" of our trade far exceeds our proportion of the
expence necessarj' for that purjiose. But should these advantages
be made inadequate thereto let the restrictions on our trade be
removed and we will cheerfully contribute such proportion when
constitutionally rec^uired.

It is a fundamental principle of the British Constitution that every
man should have at least a representative share in the formation of
those laws by which he is bound. Were it otherwise the regulation
of our internal policy by a British Parliament who are and ever will
be unacquainted with our local circumstances must be always incon-
venient and frequently opp)re.ssive working our wrong v\'ithout yield-
ing any possible advantage to you.

A plan of accommodation (as it has been aljsurdly called) has been
proposed by your Ministers to our respective assemblies. Were this
proposal free from every other objection but that which arises from the
time of the offer it would not be unexceptionable. Can Men delib-
erate with the bayonet at their breast ? Can they treat with freedom
while their Towns are sacketl, when daily instances of injustice and
oppression disturb the flower [free] operations of reason.

If this proposal is really such as you should offer and we accept
why was it delayed till the nation was put to useless expence and we
were reduced to our present melanchol\- situation ? If it holds forth
nothing why was it proposed ? Unless indeed to deceive you into a
belief that we were unwilling to listen to any terms of accomn:oda-
tion. But what is submitted to our consideration? We contend for
the disposal of our property. We are told that our demand is unrea-
sonable; that our assemblies may indeed collect our money but that
they must at the same time offer not what your exigencies or ours
may recjuire but so much as shall be deemed sufficient to satisfy the
desires of a Minister and enable him to jirovide for favorites and
dependants. (A recurrence to your own treasury will convince you
how little of the money already extorted from us has been applied
to the relief of your burthens). To suppose that we would thus
grasp the shadow and give up the substance is adding insult to
injuries.

VOL. X — G

82 COLONIAL RECOEDS.

We have nevertheless again presented an humble and dutiful
petition to our sovereign and to remove every imputation of obsti-
nacy have requested his majesty to direct some mode by which the
united applications of his faithful colonists may be improved into a
happy and permanent reconciliation. We are willing to treat on
such terms as can alone render an accommodation lasting, and we
flatter ourselves that our pacific endeavours will be attended with a
removal of tlie troops, a repeal of those laws of the operation of which
we complain on the one part and a dissolution of our army and com-
mercial associates on the other.

Yet conclude not from this that we propose to surrender our prop-
erty into the hands of your rainistrj^ or vest your parliament with a
power which may terminate in our destruction. The great bulwarks
of our constitution we have desired to maintain by every temper-
ate, by every peaceable means, but your ministers (equal foes to
British and American freedom) have added to their former oppres-
sions an attemjjt to reduce us l)y the sword to a ba.se and abject sub-
mission. On the sword therefore we are compelled to rely for pro-
tection Should victory declare in your favor, yet men trained to
arms from their infancy and animated by the love of liberty will
aiford neither a cheap nor easy conquest, of this at least we are
assured that our struggle will be glorious our success certain since
even in death we shall find that freedom whicli in life you forbid
us to enjoy.

Let us now ask what advantages are to attend our reduction?
The trade of a ruined and desolate country is always inconsideral^le,
its revenue trifling, the expence of subjecting and retaining it in
subjection certain and inevitable. What then remains but the grati-
fications of an ill judged pride or the hope of rendering us subserv-
ient to designs on your liberty.

Soldiers who have sheathed their swords in the bowels of their
American brethren will not draw them with more reluctance against
you. When too late you may repent the loss of that freedom which
we exhort you while still in your power to preserve.

On the other hand should you prove unsuccessful, should that
connection which we most ardently wish to maintain 1)6 dissolved,
should your Ministers exhaust your treasures, waste the blood of
your countrymen in vain attempts on our liberty, do they not deliver
you weak and defenceless to your natural enemies?

COLONIAL RECORDS. 83

Since then j-our liberty must be the price of your victories, your
ruin of your defeat, what blind fatality can urge you to a pursuit
destructive of all that Britons hold dear ?

If you have no regard to the connection that has for ages subsisted
between us, if you have forgot the wounds we received in fighting
by your side for the extension of the empire, if our commerce is an
object below your consideration, if justice and humanity have lost
their influence on your hearts, still motives are not wanting to excite
your indignation at the measures now pursued. Your wealth, your
honour, j'our liberty are at stake.

Notwithstanding the distress to which we are reduced we sometimes
forget our own afflictions to anticipate and sympathize in yours.
We grieve that rash and inconsiderate councils should precipitate
the destruction of an empire whicli has been the envy and admira-
tion of ages and call God to witness that we would part with our
property, endanger our lives and sacrifice everything but liberty to
redeem you from ruin.

A cloud hangs over your heads and ours. Ere this reaches you
it may probably have burst upon us. Let us then before the remem-
In-ance of former kindness is obliterated once more repeat those
appellations which are ever grateful in our ears. Let us entreat
Heaven to avert our ruin and the destruction which threatens our
friends, brethren and countrymen on the other side the Atlantic.

By order of the Congress. JOHN HANCOCK, President.

Attested by Charles Tpiomson, Secretary.

Philadelphia, July S•^ 1775.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee of Rcwan Countv .

July 8'" 1775.
At a Meeting of County Committee on the S'" Day of July 1775
Will. Kennon Esq"' Chair"
Adlai Osborne E.sq"^ Clk.
Resolved, That it be recommended to the Inhabitants of Rowan
County that the several Militia Companies meet together, and each
choose a Committee Man, whicli Committee so chosen shall meet at

84 COLONIAL RECORDS.

Salisbuiy the first of March next, and then have power to elect
Deputies who are to meet at New Berne or elsewliere, and vote for
Delegates for the General Congress to meet at Phikidelphia the 10""
of May next ; and that it be recommended to the Inhabitants of
Rowan to impower their Committee at their first Meeting to Resolve
what Number of said Committee may proceed upon Business, and
particularly that the said Committee make such Resolves or adopt
. such Measures as may enforce the observation of the Resolves of
the General Congress and most effectually secure to America her
natural and political privileges.

ADLAI OSBORNE, Clk.

[Reprinted from the American Archives. Vol. 2. Page IGOP.]

North Carolina Delegates to New York Congress.

Philadelphia, .July 8"' 1775.
Sir,

The Committee of this City a few days ago, transmitted to you
an original letter from Governor Martin to Henry White, Esquire,
from the contents of which it is very obvious that Governor Martin
has formed designs very inimical to the friends of America. From
authentick information we learn, that he is to receive a supply of
gun powder from General Gage via New York, and that he has sent
from North Carolina a cutter armed to receive it. She is a small
boat, rigged like a schooner, mounts a few swivels, and is commanded

by a Mr , the Lieutenant of the Fanwns Man-of-War; the

vessel was formerly purchased in New York Ijy Captain Collet. We
in particular desire, in case she should arrive in j^our port, to know
what steps you may think prudent to secure her and her Cargo.
She is probably to receive the gunpowder from the Asia, or the other
men-of-war lying in your harbor.

We are Sir, W|ith great respect,

Your most obedient servants,

WILLIAM HOOBER
JOSEPH HEWES

COLONIAL RECORDS. 85

[From MS. Records in Office of Secretary of State.]

Letter from Mr Hewes to Samuel Johnston Esq.

Philadelphia 8" July 1775.
Deak Sir,

Since my last b}- M' Underbill I am favoured with yours of
the 11"" of June, tbe death of our old friend Col" Harvey has given
me real uneasiness, be will be much missed, I wish to God he could

have been spared and that the G r and Judge H d had been

called in his stead.

I wrote a long letter to R Smith on the 20"" of June and for-
warded it by a Vessel to Currituck, tbe injunctions of Secrecy being
then in part taken off I gave him some account of our proceedings
in Congress, we have agreed to emit paper Bills of Credit to tbe
amount of two Millions of Dollars, for the redemption of which
every Colony is bound Jointly & severally, the Quota of each Prov-
ince to be settled in proportion to the number of souls it contains,
and to be sunk in .seven years in the manner most agreeal^le to
their respective assemblies or Conventions, to raise an Army of
Fifteen thousand men (those already raised in tbe Eastern Colonies
to make part of it) Ten thousand to be employed near Boston, &
five thousand in New York, on Hudson River, the Lakes &c, so
stood the first Resolution, we have since resolved to employ an
additional number so that I expect the whole will exceed Twenty
thousand men, we have appointed as you will see by the News-
papers a General & Commander in Chief a immber of Majors
General & Brigadiers General, All the other officers are to be
appointed by the Provincial Conventions, we have Resolved to
petition the King, to address the People of England, also the peo-
ple of Ireland, to write a Letter to the City of London, and to the
Inliabitants of Jamaica, we have published a manifesto or declara-
tion of War. Caswell set off about ten days ago to meet the
Assembly which you say is expected on the 1 2"" of this month, he
carried most of the Resolves with him and will give you a par-
ticular account of our proceedings, before he left us we wrote a
Circular Letter to the Committees of our Province, since his depart-
ure the Congress received a Copy of a Letter from General Gage to
Governor INIartin forwarded by tbe Provincial Convention of New
York, also a Copy of Governor Martin's Letter to LTenry White Esq'
of New York delivered to us by the Committee of this City, these

86 COLONIAL RECORDS.

Letters have alarmed Hooper & my self, we have sent Copies of
them to the Committees of Edenton & Wilmington, we have pre-
vailed on the Presbyterian Ministers here to write to the Ministers
and congregations of their Sect in North Carolina,* and have also
made api:)lication to the Dutch Lutherans & Calvinists to do the
same, these people are all staunch in our cause and have promised
to set their Brethren in North Carolina right, if the Governor
attempts to do anything he ought to be seized, and sent out of the
Colony so should the Judge, the powers of Government must soon
be superseded and taken into the hands of the People, administra-
tion has even tried to let loose the Indians on our Frontiers, to
raise the Negroes against us, and to destroy our Trade, Block up our
Harbours, made mean concessions to all the European Powers to
prevail with them not to furnish us with Arms and Ammunition,
and have sent a formidable armj' to cut our throats, and then abuse
us with the names of Rebels & Cowards.

I have sent R Smith a few Copies of a Sermon preached by
Smith the Provost of the College, it is much liked here. I have
also sent him several Magazines, newspapers and our declaration of
War, and Rules & articles of War &c, &c, to these I must refer you
for news & amusement. Hooper thinks Congress will break up the
latter end of next week. I think otherwise, perhaps not before the
last of August, but this is only guess work. I hope by your influence
and example you will drive ever}' principle of Toryism out of all
parts of your province. I consider myself now over head & ears
in what the ministry call Rebellion, I feel no compunction for the
part I have taken nor for the number of our Enemies lately slain
in the Battle at Bunkers Hill, I wish to be in the Camp before Bos-
ton tho' fear I shall not be able to get there 'till next Campaign.
General Howe says the Americans fought more like Devils than
Men, he never knew nor heard of such a Carnage in so short a time,
he confesses that if their reinforcements had come up fifteen min-
utes sooner the British Troops would have been all cut off. It is
reported liere that Genei'al Burgoyne is among the Dead, but we
have no certainty of it.

I hope your family & Connections are all well, my best Compli-
ments to them. Hooper Joyns in this with

Dear Sir, Your most obed hum scr

JOSEPH HEWES.

* See post page 2S3.— Editor.

COLONIAL RECORDS. 87

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Pitt County.

Maktixeoeough, Saturday, .July S"' 1775.

Tlie Committee of tliis County meat this Day and lias resolved as
under mentioned Viz:

Resolved, that the Patrolers [have power to] shoot one or any
number of Negroes who are armed and doth not willingly surrender
their arms, and that they have Discretionary Power, to shoot any
Number of Negroes above four, who are off their IMasters Planta-
tions, and will not submitt. And the Damage that Owners of any
Negro who shall be killed or Disabled in consequence of this Resolve
to be paid by Poll Tax on all the Taxable Negroes in the County.

The Committee is adjourned till Monday week, .July the 17"' 1775.

.JOHN SIMPSON, Chairman.

[B. p. R. O. Am. & W. IXD. Vol, 232.]

Proceedings of the Safety Committee at Wilmington.

In Committee, July 10"' 1775.

Whereas, from undoubted intelligence it is manifest that Governor
Martin hath used his utmost endeavours to erect the King's standard
in this Province, and to procure experienced Officers to lead the dis-
affected persons therein, against the friends of American Liberty;
in consequence of whicli, the Committee of Craven County have
forbid all persons whatsoever from communicating personally, or
bj' letter with the said Governor.

Resolved therefore, that no person or persons shall, on any pre-
tence whatsoever, either personally or by letter or message, hold any
correspondence or communication with Governor Martin without
first applying to this or some other Committee and having a sanc-
tion for so doing. THOMAS CRAIK, Sec:

88 COLONIAL RECORDS.

[From MS. Records ix Office op Secretary of State.]

Form of notice for calling the Hillsborough Convention.

Sir,

Li pursuance of the Trust which devolves on me by the much
lamented death of our late v/orthy Moderator, I am to recjuest the

favour of you to Summon the Freeholders of the County of

to meet at such convenient time & place as you may appoint to choose
and elect proper persons to serve as Delegates in a provincial Con-
vention to be held at Hillsborough on the twentieth day of August
next; and as affairs of the last importance to this province Avill be
submitted to their Deliberation, I would recommend that the num-
ber of Delegates for each County should not be less than five.

I am with great respect, S. .J.

[10'^ July] Edenton, 1775.

Sheriff^ of

[From MS. Records in Office of Secretary of State.]

Proceedings of Committee of Safety in Tryon County.

Edenton, 10"' .July, 1775.
To the Committee of Tryon County,

Gentlemen :

Li pursuance of the trust which devolves on me by the much
lamented death of our Late worthy Moderator, I am to request the
favour of you to Summon the Freeholders of the County of Tryon to
meet at such Convenient time and ]3lace as you may api^oint, to
choose and Elect proper persons to -serve as Delegates in a provincial
Convention to be held at Hillsborough on the Twentieth Day of
August next; and as affairs of the last Important to this province
will be submitted to their deliberation I would Recommend that the
Number of Delegates for Each County should not be less than five.
I am with Great respect Gentlemen your most Obd't Servant,

SAM. JOHNSTON.

Pursuant to the aforesaid Letter,

At an Election for Delegates to attend at a provincial Convention
to be held at Hillsljorough on tlie Twentieth Day of August next;

COLONIAL RECORDS. 89

It appears by the Polls that John Walker, Joseph Harden, and Will-
iam Graham, Robert Alexander and Frederick Hambriglit, Esquires,
were the Candidates that had the greatest number of votes. A Gen-
eral voice for William Kennan Esquire.
Committee adjourned till August 14"", 1775.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Wednesday, July 12*, 1775.

At an occasional meeting of the Committee.

Present: Francis Clayton, Deputy Chairman; Arch"* Maclaine,
James Walker, Caleb Grainger, Wm. Campbell, Wm. Ewins, Adam
Boyd, Dr. Geekie, J. Ancrum, Peter' Malett, Andrew Ronaldson,Wm.
Purviance, Henry Toomer, .James Blythe, Timothy Bio dworth, Jno.
DuBois, John Robeson.

On motion. Ordered that it is the opinion of the Committee a list
of all the white male inhabitants of this town from 16 to 60 years
of age should be taken and tliat John DuBois, James Blythe, Henry
Toomer and Andrew Ronaldson take such a list and make return to
this Committee or to the Secretary as soon as possible. Also a list
of all the free mulattoes and negroes in the said town.

The Committee then adjourned till the next meeting.

fB. P. R. a Am. & W. IXD. No. 322.]

Letter from the Earl of Dartmouth to Governor Martin.

Whitehall, 12'" July, 1775.
Sir,

This dispatch which encloses a triplicate of my letter of the S""
in.stant will be transmitted to you by Lord Dunmore under whose
care it is sent by a Store Ship having on Board 3000 stand of Arms
with Ammunition and other ]\Iilitary Stores, a part of which arms
His Lordship is instructed to deliver to your order from a hope on
one hand that Lieutenant Colonel Macleane will be able with your
assistance to raise a Battalion from amongst the Highlanders in

90 COLONIAL RECORDS.

North Carolina, and an apprehension on the other hand that Gen-
eral Gage may not be able to supply all the Arms that may be
necessary on such an occasion.

The King received in the most gracious manner your offer of
raising a Battalion of Highlanders under your own Command as a
further Evidence of your Zeal and Attachment, but as the Rules
which His Majesty has adopted in respect to His Arm}^ will not
admit of your being restored to the Rank you held when you relin-
quished that Line of Service in 1769, the Command of which Corps
must of necessity be given to Lieutenant Colonel Macleane in conse-
quence of the Plan His Majesty lias already approved, in the Execu-
tion of which His ]\Lajesty has the fullest confidence that you will
give Lieutenant Colonel Macleane every assistance and. supj:iort in
your power.

It is with great Satisfaction, I see by your last Letters that the
Western Counties have given further assurances of their Loyalty
and Attachment to Government.

This favourable disposition cannot be too much encouraged, and
as you will receive herewith a Power, under the Great Seal, to
pardon all those who were concerned in the Rebellious Insurrections
in 1770, Herman Husbands only excepted, I trust it Avill liave a
very good Effect, and that I shall hear by your next Letters that
they have entered into that Association, which was recommended
in my Dispatch to you of the 3'^ of May.

Should that measure have taken Effect and should Lieutenant
Colonel Macleane have been able with your assistance to have formed
a Battalion from amongst the Highlanders, I hope His Majesty's
Government in North Carolina may be preserved, and His Governor
and other officers not reduced to the disgraceful necessity of seeking
protection on Board the King's Ships.

With regard to the Public Transactions in the Colony as stated
in your Letters N"' 29, 30, 31 and 32, 1 can only say that His Majesty
entirely approves the whole of your conduct. After such extraordi-
nary and unwarrantable Proceedings of the Assembly, their Disso-
lution was the only step by which the Dignity of Government could
be vindicated, and there seems to he no other or better mode of pro-
viding for the Administration of Justice both Civil and Criminal
than that which you have suggested, and which having tlie Prece-
dent of New York to supi)ort it, will I trust be submitted to, if not
from a spirit of obedience at least from consideration of the total

COLONIAL RECORDS. 91

Anarchy and confusion that must arise from the want of sucli
Institution. And it is with real satisfaction I observe that the mem-
bers of tlie Council geem at lengtli to be awakened to a just sense
of their Duty, and have given you the support which you had so
great a Right to expect from them.

I have the satisfaction to acquaint you that the King approves
what 3'ou propose respecting those Persons who deriving their
Titles to Lands from Grants of the Governor of No. Carolina are
now become Inhabitants of So. Carolina by the removing- of the
Boundary Line. His Majesty is sensible of the Injustice of com-
pelling them to take out fresh Grants from that Government, and I
will not fail to give Instructions to the Governor of So. Carolina
upon this point by the first favouraljle opportunity that offers.

I am &c.,
DART^IOUTH.

[Froji MS. Records in Office of Secretary of State.]

Letter from Safety Committee in Wilmington to Samuel Johnston Esq.

"WiLMixGTOx, -July 13''', 1775.
Sir,

We have wrote by this conveyance, to the committee of the town
of Xewbern, Inclosing copys of sundry papers, among others a letter
from Lord Dartmoutli to Governor jNIartin; theyl no doubt forward
duplicates to Edenton, from them youl learn how good a friend he
is to the libertys of this province.

Our situation here is truly alarming, the Governor collecting men,
provisions, warlike stores of every kind, spiriting up the back coun-
ties, and perhaps the Slaves, finally strengthening the fort with new
works, in such a manner as may make the Capture of it extremely
difficult. In this Situation Sir, our people are Continually clamour-
ing for a provincial Convention. They hope every thing from its
Immediate Session, fear every tiling from its delay. We have a
number of Enterprising young fellows that would attempt to take
the fort, but are much afraid of having their Conduct disavowed by
the Conventieu.

We a Committee appointed for the purpose of Intelligence in this
town, join our wishes to those of the people, and adjure you by your
love of your Country to call a provincial Convention at an early day;

92 COLONIAL RECORDS

so shall the minds of the people be calmed and proper measures
(tho late) be taken to apply remedys to all our political Inconven-
iences. We have seen your Extracts from the li^tters of our delegates,
Mess" Hooper & Hewes, & think they by no means intend to put off
the meeting of the Convention until their return, altho they suppose
one to be then ilecessary.

When you have any thing to Communicate to this part of the
province, youl please address the Subscribers, who are your most
obedient servants, FRANCIS CLAYTON

JOHN ANCRUM
ADAM BOYD
A. MACLAINE
Committee of Intelligenca

We think it necessary to apprize you that the general opinion of
this part of the country is, that a number of men should be raised
and kept in pay for the defence of the country. This can only be
done by a convention, & that convention alone can fall upon a
proper mode of paying them. We therefore mention it as a reason
why the convention should be summoned, to consider of that, as well
as other matters. ■ " A. MACLAINE

JOHN ANCRUM
ADAM BOYD

[From MS. Records ix Office of Secretary of State.]

Proceedings of the Safety Committee in Rowan Count3^

At a meeting of the Committee Juh^ 15"' 1775.

A Proclamation being read from his Excellency Josiah Martin
dated June IG"' 1775, The Committee judging it entirely false in
its Tenor and in its Nature of mischievous Consequence, A cor-
rujat gloss upon the diabolical Measures of a debauched Ministry,
tending to seduce the Minds of the populace and bring them off
from their true Interest in opposing the cruel Measures of an unjust
]Ministry,

Resolved, Therefore unanimously tliat an advertisement be made
setting forth the dangerous tendency of said proclamation, and that
a copy of the same be transmitted to the several Militia Captains of
this County.

COLONIAL RECORDS. 93

Information beino- made to the Committee tliere was a strong
suspicion Benjamin Booth Boote had received letters from his Excel-
lency of same Tenor with said Proclamation,

Resolved therefore, unanimously, that Benjamin B. Boote be sum-
moned before the Committee, and demanded to produce said letters.

Resolved, That if he refuses to produce said letters, or denies the
receiving them force shall be used, and diligent search made in
order to procure them.

Ben. B. Boote being first invited and afterwards summoned to
appear before the Committee and continuing obstinate declaring
his Resolution neither to appear or deliver up the letters.

Resolved, in consequence whereof that W" Temple Coles be Cap-
tain of the Youth in Salisbury to guard the House of Ben. B.
Boote and that they prevent the conveyance of all sustenance to
him until he deliver up the aforesaid letters — be it remembered he
acknowledged the Receipt of letters from ye Governor — and that
they search all other places suspected to conceal said letters, and
that the letters, if received be given into the hands of Adlai Osborne
Esc|'' or John Louis Beard until the next setting of the Committee.

[Feoh MS. Kecords in Office of Secretaky of State.]

Proceedings of tlie Safety Committee at "Wilmington.

Saturday .July l.j"" 1775.

At an occasional meeting of the Committee,

Present: Cornelius Harnett, Chairman ; John Robeson, W"" Wil-
kinson, John Foster, W" Campbell, Arch'^ Maclaine, W" Purviance,
AV"" Ewins, Timothy Bloodworth, .James Blythe, Peter INIallett,
Henry Toomer, .James Geekie.

Resolved unanimously That a reinforcement of as many men as
will voluntarily turn out, be immediately dispatched to join Colonel
Howe who is now on his waj' to Fort Johnston and that it be recom-
mended to the Captains of the Independent and Artillery Com-
panies in Wilmington and the officers of the several companies in
this county to muster their men and immediately equip those who
are willing to go on that service.

The committee then .adjourned to the next meeting.

94 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Letter from Colonel John Simpson, Chairman of Safety Committee

in Pitt County, to Colonel Richard Cogdell, Chairman of Safety

Committee in Craven County, Reporting an Intended Negro

Insurrection.

Chatham, -July 1.5"" 1775.

SiK,

Having leisure I sit down to inform you of the occurrences since

my last. Our committee met the Inst, when the Express

arrived from M' Edward Salter giving us account of a discovery
that was made in Beaufort County by one of M' Bayner and one of
Capt. Respess negro men unto Capt. Thomas Respess of an intended
insurrection of the negroes against the whole people which was to
be put into execution that night. We immediately sent off an
Express to Tarborough to alarm the inhabitants there. We then
proceeded to business and appointed upwards of one hundred men
as patrolers and passed a resolve that any negroes that .should be
destroyed by them or any person in company with them in appre-
hending should be paid for by a tax on the negroes in this county.
We then separated to sound the alarm thro' this c- unty and to
apprehend the suspected heads. By night we had in custody and
the gaol near forty under proper guard. Sunday the Committee sett
and proceeded to examine into the affair and find it a deep laid Hor-
rid Tragick Plan laid for destroying the inhabitants of this province
without respect of persons, age or sex. By negro evidence it appears

that Cap' Johnson of White Haven, who hath just Loaded his

Brigg witli Navall Stores for that port, in consort with Merrick, a
negro man slave wlio formerly Belonged to Major Clark a Pilot at
Okacock but now to Cap' Nath Blinn of Bath Town propagated the
contagion, * * The contagion has spread beyond the waters
There are five negroes * , * * were whipt this day by order.

Monday. — The Committee sat. Ordered several to be severely
whipt and sentenced several to receive SO lashes each to have both
Ears crap"" which was executed in presence of the Committee and a
great number of spectators. In the afternoon we rcc'' by express from
Coll. Blount * * Qf * =!: negroes being in arms on the line of
Craven and Pitt and prayed assistance of men and ammunition
which we readily granted. We posted guards upon the roads for

COLONIAL RECORDS. 95

several miles that night. .Just as I got home came one of M' Nel-
son's sons from Pometo (near M' Harlan's mill) and informed me
of 250 negroes that liad been pursued for several days but none
taken nor seen tho' they were several times fired at. Had he been
at Martinborough he would have received pay for his negroes. On
Tuesday we sent off two companies of Light Horse, one to Lower
and one to Upper Swift Creek Bridge in order to find from whence
tlie report arose and found the author to be a negro wench of Will-
iam Taylor's on Clayroot, with design to kill her master and mistress
and Lay it upon those negroes. She has received severe correction.
Since that we have remained as quiet as we could expect from the
nature of things. We keep taking up, examining and scourging
more or less every day ; from whichever part of the County tliey
come they all confess nearl}^ the same thing, viz' that they were one
and all on the night of the S"" inst to fall on and destroy tlie family
where they lived, then to proceed from House to House (Burning
as they went) until they arrived in the Back Country where they
were to be received with open arms by a number of Persons there
appointed and armed by Government for their Protection, and as a
further reward they were to l:)e settled in a free government of their
own.

Cap' .Johnson its said was heard to say that he'd return in the
fall and take choice of the Plantations ujwn this River. But as it
hath pleased God to discover the plot. It is of the Lord's mercies
that we are not consumed; Let us therefore Beseech Him to con-
tinue our very present help in every time of need. I promi&'pd
myself the pleasure of seeing some of my friends in Newberh this
week notwithstanding the Prorogation, but cannot get my family so
composed as I could wish, to leave them.

This week I expect will compleat our private musters for making
choice of their Caj^tains, &c. On Monday next our Committee meets
to proceed on real Business.

We must find out some plan to circumvent the operation of the
aforementioned accursed plan or we shall become an easy prey. My
compliments to Coll. Caswell and all enquiring friends.

I am with great regard.

Your Hum.. Serv.,

JOHN SIMPSON.

P. S. In disarming the negroes we found considerable ammunition.

96 COLONIAL RECORDS.

[B. p. E. O. Am. & W. ISD.: No. Carolina. No. 223.]

Letter from Governor Martin to the Earl of Dartmouth.

Cruizer Sloop of War ix Cape Fear River,

N" Carolina, July 1G'^ 1775.
My Lord,

Since the departure of M' Schaw who way charged with my Dis-
patches to your Lordship N° 34 and 35, Duplicates of which are here-
with enclosed, I have the honor and satisfaction to acquaint your
Lordship, that by the j\Iaster of a "N^essel arrived immediately from
Boston, I have learnt that Major General Howe, at the head of three
Thousand of His Majesty's Troops, attacked, forced and defeated a
Bodj' of Fifteen Thousand of the Rebels, intrenched upon the heights
near that Town, on Saturday the ■17'''' day of last month, and that
this Detachment of the Royal Army, having killed, wounded and
taken Prisoners near 3000 of the enemy, with the loss of near 500 of
its own numbers, had taken up their ground, and was encamped
upon the Field of Battle. This Account my Lord is no other than
the relation of the Master of the Ship, who unfurtunatelj^ for the
cause of Government here, brings no more authentick report of this
important event than his own Story, which from the appearent
honesty of the man, and the probability of his narrative, I am will-
ing to believe. I cannot help lamenting however My Lord, that we
h^ve not received by that or some other Channel a certain and full
account of this interesting Affair, which your Lordship will perceive
b}' the enclosed printed Paper, that is circulated about this Country
from South Carolina with the utmost diligence, is travested, discol-
oured and disg^iised, by all the Arts of disengenuity and misrepre-
sentation to inflame the minds of the People here, and to promote
the black and -horrid purposes of that unprincipled and unnatural
Rebellion, which, by the cherishing aid and clamours of the Dema-
gogues in Britain, as much, or more than by those of New England,
it at last worked up to declare itself by ojien & daring hostilities.
These encouraging false reports My Lord, operate most fatally upon the
people here, and if means are not employed to make them acfjuainted
with the truth of such occurrences more expeditiously than has been
done heretofore, thej' will be gained over universally by falseliood,
to the congenial Standard of Rebellion.

COLONIAL RECORDS.

I am still waiting My Lord v.'ith eager expectation of those Sup-
plies from General Gage which are indispensible to my availing
myself for His Majesty's Service, of the strength this Country now
affords, that is daily and hourly falling off, consuming and moulder-
ing away before the Industry, and address of the Leaders of Sedition
here, who have cut off in great measure my intercourse with the
People of the interior Country, upon vrhom I depend, and who are
still nevertheless able and willing to open their way to me, whenever
I can assure them of the necessary means to make them respectable,
of which they are now totally destitute. It is rumoured that a letter
from General Gage to me is intercepted, and in the liands of a Com-
mittee at Wilmington, wherein the General in Answer to my requi-
sition of Arms and Ammunition says, that he cannot furnish rac
with the former, but vv'ill endeavour to send me a supjjly of the latter,
which if true is most discouraging intelligence indeed.

Since my former Letters to your Lordship the continual reports
of the People designing to make themselves Masters of Fort John-
ston, & Captain Collet's just and well grounded Representations that
he would not pretend to hold the place, with only three or four men
that he could depend upon, against a multitude said to be collecting
to attack it, determined me to dismount the Artillery that is consid-
erable in value, and to lay it under cover of the Gniizer's Guns. I
have also my Lord withdraAvn the little remainder of the Garrison,
with the shot, and movable Stores, and shipped them on Board the
vessel lately arrived from Boston, to take a lading of Naval Stores
here, pursuant to a charter party, but the person to whom she is
addressed having refused to load her, because she had been emjaloj'ed
as a Transport in the King's Service to carry artillery to Boston, the
Master as a matter of favour to me, has received the remnant of the
Garrison of Fort Johnston, and some of its Stores on Board, while
he laj's here to accomplish the Days of his Charter Party engage-
ment, after which if no change of circumstances happens in the
mean time, I shall think it necessary to engage the Vessel in the
King's Service, for the purpose above mentioned, in which I hope
j'our Lordship will hold me justified.

Fort Johnston My Lord, is a most contemptible thing, fit neither
for a place of Arms, or an Asylum for the friends of Government,
on account of the weakness and smallness of it, so that the keeping
of it is of little consequence, and the King's Ai'tillery which is all
that is good aljout it, will be as well secured under cover of the

VOL. X-

98 . COLONIAL RECORDS.

Craizer's Guns, at less charge, as upon the Walls of that little
wretched place; if I could furnish it with a sufficient Garrison,
which I could now only collect out of the Highlanders upon whom,
bj' drawing forth a number of them for such a service, I should
immediately turn the resentment of the whole Country, before they
ar3 provided with the means of defence, and by that step perhaps
frustrate my best and fairest expectations, formed upon the strength
and good dispositions of that people in this Colon3^ A further cogent
reason v;ith me for disarming Fort Johnston was, that its Artillery
which is heavy might in the hands of the Mob, be turned against
the King's Sliip, and so annoy her as to oblige her to quit her
jireyent station which is most convenient in all respects.

Having an opportunity of writing safely by a passenger in a
Merchant's Ship, I could not let it escape me without giving your
Lord.ship the Accounts contained in this letter rel tive to the opera
tions of the Array at Boston, which I hope are better confirmed to
your Lordship by this time, and that they will be soon succeeded,
according to my belief and persuasion, by certain assurances of His
Majesty, of the entire and complete redaction of New England, and
the utter extinction of Rebellion in America which the power of
Britain now vigorously excited, cannot fail soon and fully to effect.

Hearing of a Proclamation of the King, proscribing John Han-
cock and Sam' Adams of the Massachusetts Bay, and seeing clearly
that further proscriptions will be necessary before Government can
be settled again upon sure Foundations in America, I hold it my
indispensable duty to mention to your Lordship, Cornelius Harnett,
John Ashe, Robert Howes and Abner Nasli, as persons who have
marlvcd themselves out as proper objects for such distinction in this
Colony by their unremitted labours to promote sedition and rebel-
lion here from the beginning of the discontents in America, to this
time, that they stand foremost among the patrons of revolt and
anarchy. Robert Howes is commonly called Howe, he having
impudently assumed that name for some j^ears past in affectation of
the noble family that bears it, whose least eminent virtues liave been
ever far beyond his imitation.

I have long impatiently expected with the poor [people (who feel
themselves sorely oppressed by it) the Royal disallowance of tlie
present wretched system of Courts here, which I hope will be accom-
panied witli the King's Disallowance of the Slieritis Law also.

I have the honor to be etc.,

JO. ]\LVRTIN.

COLONIAL RECORDS. 99

[From MS. Records in Office op Secretary of State.]

Proceedings of the Safety Committee in Pitt County.

Maetinborougii 17"" July 1775.

The Committee met according to Adjournment being the 17"' of
this Instant.

Present: Amos Atkinson, Thos. Hardee, Sr., Sam'l Cherry, Matthias
Moore, Thos. Gualtney, Benj. Brown, .Jno. Fleming, Markus Stocks,
Robt Salter, .Jno. Barber, W" Osburn, Jesse Jolley, Benj. May, Par-
ker Sasser, Jno. llardee, Jr., Jno. Evans, Peter Rives, Sim" Pope,
Robt Grimes, Jno. Tulman, W" Robeson, God'y Stancell, Robert
Hodges, Benj. Blount, Geo, Falkner, Richard Rives, Tim" Brooks,
W" Bryant, Howell Hodges, AVilliam Granbray, Edward Salter,
James Armstrong.

Capt. Amos Atkinson appeared in this Committee and Regularly
Cleared himself of the Accusations Lodged against him on the
Tenth of March 1775.

Also Mr Solomon Shepard was Acquitted at the same time of
aforesaid Allegations

According to a Resolve made on tlie first Day of this Instant, On
account of the Different Com, anies Belonging to the same, For
Chusing of Captains and olher Officers, which Officers are chosen
as under n.ientioned by their Companies &c. and approved of by
the Committee.

14th

Capt. Amos Atkinson. George Porter, Capt.

Robert Grimes, Lieutenant. Jesse Jolley, Lieutenant.

Simon Pope, Ensign. Edward Moore, Ensign.

loth
Robt, Daniel, Jr., Capt. Benj. May, Capt

W" Robson, Lieutenant. Sam'l Tra^s, Lieutenant.

John Cason, Ensign. Thos. Wallace, Ensign.

15th
Henry Ell s, Capt. .James Armst ong, Capt.

Arthur Forbes, Lieutenant. Samuel .Jones, Li.utenant.

Sam'l Stafford, Ensign. Rolin Dixon, Ensign.

100 COLONIAL RECORDS.

21st
Capt. Jno. Hardees Comp'y meat & Choose the Different ofacers
as undermentioned in Too Companies.
W" Burney, Capt. W" Tillghman Capt.

Isaac Hardee, Lieutenant. Sam'l Cherry, Lieutenant.

Isaac Hardee, Ensign. Natli'l Cannon, Ensign.

July 21=' 1775.
The Committee adjourned until the 29* 1775 of this Instant.

JOHN SIMPSON, Chairman.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 333.]

Letter from Governor Martin to the Earl of Dartmouth.

Cbuizer Sloop of War in Cape Fear River,
No. Carolina, July 17*, 1775.
My Lord,

I have the honor to acquaint your Lordship, that seeing disorder
gaining ground here veiy fast, and that it will be absolutely neces-
sar}^ for the support of His Majesty's Government, to put the friends
of it in this Colony in motion, as soon as I am provided with those
means that are necessary to employ their strength with efi'ect, and
finding my self under the necessity, pursuant to His Majesty's Royal
Instructions, of advising with the Council almost in every case that
can occur, whereby my best concerted mc asures for the King's Ser-
vice may be betrayed and defeated, by the indiscretion or treachery
of any Member of that Body, I have thought it indispensibly my
Duty, under these critical circumstances, to suspend M' Dry Collector
of the Customs at Fort Brunswick in this Province from his Seat in
the Council. The motives My Lord which have influenced me to
take this step, are M'' Dry's extreme weakness and indiscretion, which
render him altogether unfit for, and unworthy of any particii^ation
in the Councils and Administrations of Government at all times, as
I have before had the honor to represent to your Lordship but I
have other more peculiar reasons for suspending him, now that I
shall be obliged to entrust the most confidential and secret, as well
as most momentous affairs of Government with the Council, founded
on his notorious unreserved and frequent avowals of his inclinations

COLONIAL RECORDS. 101

and favour to the present unprincipled revolt in America, by which
imprudence and extravagence, so inconsistent with his interest as
well as his duty, I am sure he has astonished even the foremost
Leaders of sedition. His alisurd conversations and declarations
being of late repeatedly reported to me, I have been induced by my
respect and regard for his family connections, and by feelings of
tenderness that his good nature and unbounded hospitality have
excited in me, to admonish him twice very recently of the impru-
dence and baseness of such a conduct, and of the inevitable conse-
c^uences of his persisting in it.

Yet My Lord in sjjite of these friendly warnings I have credible
information that j\r Dry who denied to me every charge I brought
against him (though I confess not vv'ith that hardness which candor
and truth inspire) has since given greater proofs of his indispo-
sition to the cause of Government, and I have evidence of his folly
transporting him so far as to toast success to the Arms of America
at his own house where he had shamelessly invited some People
from South Carolina, knowing them to be sent hither in the char-
acter of recruiting officers to raise men to act against His Majesty's
Government, which last unpardonable and traitorous display of
his mind, at once finally determined me to suspend him from the
Council, and if your Lordship had not given me reason in the case
of ^P ]Malcom to sujipose that my powers from His Majesty do not
extend to the suspension of officers of the Customs, I should have
thought it no less fit and projier to susj^end M" Dry from his office
of Collector.

My reasons My Lord for doing this Act of myself and without
the participation of the Council according to the Rules presci'ibed
by His Majesty's Royal Instructions, were that in the present cir-
cumstances of things, from the remoteness of their residence, the
difficulty of communication on account of the vigilant impertinence
of Committees, the obnoxiousness of the Chief Justice to the j\Iob,
and the infirmity of M' Cornell who lives also as far off, I am not
able to draw together more than four or five Members, who although
convinced of M' Dry's general disqualifications, and his present par-
ticular misbehaviour, would find themselves embarrassed to decide
unfavourably upon him, upon the principle of his espousing Amer-
ican licentiousness, lest it should expose them to its abuse and fury,
of which there is but too probable danger, in which case I should
think mj-self still obliged to do of myself what I have now done to

102 COLONIAL RECORDS.

save them from the difficulty and hazard, that might attend their
concurrence in my resolution.

I have only to add My Lord, that I hope the measure I have
taken with M' Dry will meet with the King's approbation as well as
that of your Lordship in assurance that it is the pure result of my
sense of duty to my Royal Master, and the Welfare and Dignity of
His Government, and the truest devotion and attachment to His
Majesty's Service. I have the honor &c

JO. MARTIN.

[B. P. R. O. Am. & W. Ind.: No. Carolina. No. 222.]

Letter from "The People" to Governor Martin.

BnuxswicK, .Julv 16"' i 775.
Sir,

As the Establishment of Fort Johnston was intended to protect
the Inhabitants of Cape Fear River from all invasions of a foreign
Enemy in times of War, and during tl)e Peace has been supported
at a very great expence to this Province, and not only to prevent
contagious and infectious disorders, but to aid and support the
Trade and Navigation thereof, and where as by the conduct of the
Captain of the said Fort most of these salutary ends have been
entirely defeated, and added to this as by incontestible proof, we
can make appear that not only the private property of individuals
has been cruelly and illegally invaded and detained by the most
atrocious injuries, were by the said Captain intended and in some
degree carried into execution contrary to every princi[)le of justice
and humanity, and dangerous to the lives and property of the
Inhabitants of this Province, we herewith beg leave to lay before
your Excellency a state of some of those facts which have come to
our knowledge, Viz his wanton detention of Vessels applying for
Bills of health, his threats of vengeance against Magistrates whose
opinion in the execution of their office he happened to disapprove,
his sitting at defiance the High Sheriff of the County in the execution
of his office, and treating the King's Writs served on him for just
debts (which both as a Subject and a Soldier it was his duty to obey)
with the shamefull contempt of wiping his backside with them,
His unparalleled Injustice in detaining and Embezzleing a large

COLONIAL RECORDS. 103

quantity of goods which liaving been unfortunately wrecked near
the Fort, had from every principle of humanity the highest claims
to his attention and care for the benefit of the unhappy sufferers,
who legally demanded and frequently solicited in their behalf, his
base encouragement of Slaves eloped from their Masters, feeding
and employing them, and his atrocious and horrid declaration that
he would excite them to an Insurrection.

These circumstances Sir, and many others too tedious to enumer-
ate, could not but excite the indignation and resentment of the
publick, but grievous as they were we would for a time still have
submitted to them in firm reliance, that the first meeting of an
Assembly w'ould have relieved us, but upon being informed of
Captain Collet's intention of dismantleing the Fort, erected and
supported at the real expence of this Colony for its Protection and
Defence, we collected ourselves together in order to prevent it, but
finding upon enquiry that he had already dismantled it nothing-
more is left us than to recover the Cannon thrown over the walls
and left in a situation which must entirely ruin them, to a place
where attention and care shall preserve them for His Majesty when
His service shall require them, because with that M'e conceive the
safety of this Province is intimately connected, with this intention
we shall proceed to Fort Johnston and that our conduct may not
be misunderstood by your Excellency we have thought proper to
give you this information and persuade ourselves we shall not meet
obstruction from any person or per.sons whatsoever in the execution
of a design so essential to His Majesty's Service and the Publick
utility.

N. B. A Fresh instance of his violence in Captain Collet has now
come to our knowledge, a glaring invasion of private property in
unwarrantably seizing a Quantity of Corn, the more inexcusable as
provisions have never been withheld from him whenever he would
pay for them, which provisions so seized we beg your Excellency
would order him to restore to the proper owner, as also any Slave or
Slaves the property of other persons which he now harliours and
detains. We are your Excellency's

Most obedient Humble Servants,

THE PEOPLE.

104 COLONIAL RECORDS.

[B. P. R. O. AM. & W. Lnd.: No. Carolina. No. 222.]

To the People who send a letter to Governor Martin bearing date the
10"" instant by Nathan Adams, a Pilot.

Ckuizer Sloop of Wae,
9 o'clock at night, July IS*, 1775.

I have received this minute a Letter signed "The People," repre-
senting many unwarrantable proceedings of Cap' Collet, which it
would have been always my Duty to enquire into, and to prevent as
far as lay in my power, if I had been made acquainted with them
timely. In all cases where his indiscretions have come to my knowl-
edge, I have interposed my advice and authority, and I j^ersuade
myself not without effect, as well appears by his delivering up the
"Wines he has detained in his possession. There are other allegations
against him in the letter I have received of most heinous nature of
which I never heard one word before, of his unjustifiable seizure of
the Corn, I have been informed and highly disapproved, and remon-
strated again.st it, and shall use my utmost authority to make him
restore it.

The charge of encouraging Negroes to Elope from their Masters,
and of exciting them to insurrection. Captain Collet most solemnly
and absolutel}' denies, and I should hope it is founded on report and
not in fact.

The dismounting of the King's Artillery, in Fort Johnston, has
been done by my Authority and by Virtue of the Powers vested in
me by His Majesty, from conviction that it was expedient for the
King's Service, and it will be my Duty as you may be assured it will
be my care to prevent any injury happening to them where they are
laid for the present. I must therefore hope and desire that j'ou will
not under the mistaken belief of Captain Collet having dismounted
the Cannon in Fort Johnston of himself proceed in your present
design of removing them, as you will thereby do violence against
LawfuU Authority which it will be inconsistent with my Duty to
permit, and which cannot fail to draw upon you Plis Majesty's high-
est displeasure. For these reasons I do most earnestly advise, exhort
and intreat you to desist from your purpose. As

Your sincere friend and well wisher.

COLONIAL RECORDS. ' 105

[B. P. R. O. Am. & W. IND. Vol. 222.]

Proceeclino-s of the Safety Committee at New Bern.

a

Committee Chamber Newbern

.July 17"" 1775.
The following letter from General Gage to his Excellency Gov-
ernor ^lartin Avas intercepted and has fallen into the hands of the
committee of this Town and County of Craven. It appears to have
been written in answer to a letter wrote by the Governor to General
Gage of the 16* of March last in solicitation of arms and ammu-
nition to be sent him to this Town. The profound silence and
C[uietness in which this province was then in could give little occa-
sion for the introduction of arms and ammunition among us and
as his Excellency seems to have early concerted schemes hostile to
the liberties of the people of this Province the Committee think it
expedient to publish a matter so very alarming and whereby the
lives perhaps as well as liberties of this people would have been
in the greatest danger had the Governor's plan of operations
succeeded.

To HIS EXCELLEXCY .JOSI.\H MaRTIX EsQ'" GOVERNOR OF XoRTH

Carolina.

Boston April 12"' 1775.
Sir,

Your letter of the IG"' March I have had the pleasure to receive
and am glad to hear many of the people in your province are
beginning to find they are misled and that they seem inclined to
disengage themselves from the arbitrary power of the Continental
Congress and of their Committees. I wish I could say as much of
the people of this Province who are more cool than they were, but
their leaders by their arts and artifices still keep up that seditious
and licentious spirit that has led them on all occasions to oppose
Government and even to acts of rebellion. The late accounts from
England have embarrassed their Counsels much. They have applied
to the New England governments and doubtless will to those of
the Southward to assist them, but I hope the madness of the latter is
wearing off and that they will get no encouragement from thence.
This Province has some time been and now is in the new fangled

lOfJ COLONIAL RECORDS.

legislature termed a Provincial Congress who seeni to have taken
the Government into their hands. What they intend to do I can-
not pretend to say but they are certainly much puzzled how to act.
Fear in some and want of inclination in others will be a great bar
to their coming to extremities though their leaders use every meas-
ure to bring them into the field.

I am sorrj' it is not in my power to supply you with the number
of arms you request. I have them not to spare in the present con-
juncture of the service here. I may assist you with some powder
but can get no safe oj^portunity from this to send it to you. I shall
order you a supply b}' way of New York, and whatsoever may be
in my power to assist you to keep up the present good disposition of
the loyal pai't of your Province I shall be happy to do and am
sorry I cannot at present do more.

I have the honor to be &c

THOMAS GAGE.

[C. p. R. O. Am, & W. IXD. : No. Carolina. No. 2i2 ]

COUNCIL .JOURNALS.

At a meeting of the Council on board His Majesty's Sloop Criiizcr
in Cape Fear River on Tuesday thel^"' July 1775.

Present

His Excellency tlie Governor.

qi- ^ TT,,, 1,1, f James Hasell and 1 -r.

the Hon""- t • r> i-> <. tic ,■ Esnun'es.

[ Lewis DeKosset John Sampson J '■

The Governor having informed the Board that he had received
advices that the People of the County of Bladen were persuing the
Example of the People of IMecklenburg whose treasonable proceed-
ings he had communicated to the Council at the last meeting, desired
the advice of Council on the measures expedient to be taken to
counteract such unwarrantable and dangerous extravagencies, and
to check and prevent the growth of that spirit of disorder which at
this time unhappily prevails in great part of the Province and
especially in the County of Mecklenbui'g and the Counties on the
Sea Coasts particularly evinced by tlie meetings wliich have been
held, among the People for the choice of Military Officers by which
they have usur}ied the undoubted Prerogative of the Crown, and

COLONIAL RECORDS. 107

the frequent Assemblings of the People in Arms by the invitation
of officers so illegally constituted.

To which the Council replied that it is their opinion that the
deluded Peojile of this Province (who have followed the Example
of the ueighljouring Colonies) will see their error and return to their
allegiance, whereas every violent measure mu3t increase tlie disturb-
ances and be attended with the most fatal consequences.

•James Hasell is of opinion that His Excellency should take every
lawfull measure in his power to suppress the unnatural Rebellion
now fomenting in Mecklenburg and other parts of the Province in
order to overturn the Constitution and His just prerogative.

The Governor informed the Board that in consequence of the just
Representations of Captain Collet Governor of Fort .Johnsto.i, that
the Garrison of that place was reduced to no more than three or
four men that he could deisend upon, and that he had received
advice of a considerable bod\' of the People of the County being
collecting in order to attack the place, he had thought it advisable
for the preservation of His Maje.sty's Artillery to dismount the Guns
in the Fort and to lay them under the protection of the Guns of
His Majesty's Ship of War and to withdraw the little remnant of
the Garrison the shot and small Stores and to place them in security
on board a Vessel lying under the protection of the King's Ship.

The Council approved of the steps His Excellency had taken for
the preservation of His Majesty's Artillery.

Francis Parry E.sq" Commander of His Majesty's Sloopi Cnuzcr
representing to the Governor in Council that seamen were contin-
ually offering to enter on board the King's Ship under his Com-
mand, whom he could not take as he had his complem' of Men, and
who v.'ould enlist under the Standard of Rebellion for the sake of
the bounty money given, and ir.ight and probably would be
employed against the King's Ship if as was reported, the People
meditated an Attack upon her.

The Governor and Council taking into consideration the repre-
sentation of Captain Parry were unanimously of opinion that if he
found it consistant with His Majesty's Service it would be advisable
to retain the men who offered themselves on Board His Majesty's
Ship under his Command until they could be otherwise provided
for.

lOS COLONIAL RECORDS.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 233.]

Letter from C^overnor Martin to the Earl of Dartmouth.

Cruizer Sloop of War in Cape Fear River,
No. Carolina, July 20^ 1775.
My Lord,

I 'have embrassed the moment only that the immediate departure
of a Vessel afi'ords me to acquaint your Lordship that I received
about 9 o'clock at night on the IS"" inst. a letter signed " The Peo-
ple," by the hands of a Pilot who confessed he received it from M'
John Ashe, a copy of which letter and of my answer thereto I have
the honor herewith to lay before your Lordship. At between 2 and
3 o'clock the next morning an officer of the Cruizer came down to the
Cabin where I was to inform Captain Parry that Captain Collet's
house in Fort Johnston was on fire. The necessary preparations
were immediately made for the Security of His Majesty's Ship and
covering the Artillery on shore in case the People should attempt to
possess themselves of it, during which no creature was to be seen,
and all the buildings in the Fort, which being of wood burnt like
tinders, were entirely consumed. Early in the morning of yesterday
a body of Men with three stands of colours was seen in motion on a
point of land aljout 2 miles above the Ship, which soon afterwards
entered the Woods and disappeared, until between 7 and 8 o'clock
when we discovered a large part}' at some distance, and some lesser
parties about the Fort which a few of the People soon afterwards
entered and with a degree of wanton malice not to be described set
fire to everything that had escaped the flames the preceding night,
which indeed was nothing but a Centiy Box, and some of the Para-
pets of wood work that Captain Collet had newly raised ujjou the
defences of the place. These proceedings however to the last degree
violent, extravagant and provoking, I did not think My Lord of con-
sequence sufficient to justif}' me in commencing hostilities against
the People so long as they forebore to touch the Jving's Artillery, as
I had no men to land I could do it with so little elfect, and as all the
material damage that the Fort could sustain had been effected in the
night by persons yet undiscovered. Some of the Trucks of the Gun
carriages, which owing to Captain Collet's oversight, were not cm-
barked as I directed with the shot and other small Stores, the rabble

COLONIAL RECORDS. 109

removed four or five hundred yards from where thej' lay and left
them. These I hope to recover to day and get them on Board Ship.

After sauntering about the Fort, and its neighborhood till between
2 and 3 o'clock in the afternoon, this rabble which amounted as
nearly as I can learn to about 300 men, with a savage and barbarian
wantonness, disgracefull to humanitj^ set fire to a large barn, stable
and coach house, and a new small dwelling house together with sev-
eral outhouses that Captain Collet had built for his own convenience
on the King's Land belonging to the Fort, without the works, and
immediately after completing this desolation retired by the route
they came.

The pretence for these shamefull and extravagant outrages is
annamosity to Captain Collet, whose zeal for the King's Service, and
natural vehemence and impetuosity of temper, I fear have trans-
ported him to some great indiscretions, but I am confident to no vio-
lences that can justify such barbarian vengeance.

M' John Ashe and IsL' Cornelius Harnett were ring leaders of this
savage and audacious Mob, concerning which my present informa-
tion enables me to add nothing furthur.

I have the honor etc,

JO. MARTIN.

[Reprinted froji American Archives. Vol. I. Page ITIC]

An Act to Restrain the Trade and Commerce of the Colonies of
New-Jersey, Pennsylvania, Maryland, ^"irginia and South Caro-
lina to Great Britain, Ireland and the British Islands in the West
Indies, under certain conditions and limitations. [To take effect
20* July 1775.]

Whereas by an Act made in the twelfth year of the reign of King
Charles the Second entituled "An Act for encouraging and increasing
of Shipping and Navigation," and bj' se\^eral subsequent Acts of
Parliament which are now in force, it is amongst other things,
enacted that for every Ship or Vessel which shall load any com-
modities in those Acts particularly enumerated at any British
Plantation being the growth, product or manufacture thereof, Bonds
shall be given with one surety to the value of one thousand pounds
if the ship be of less than one hundred tons and of the sum of two
thousand Pounds if the Sliip l)e of greater burthen, that the same

110 COLONIAL RECORDS.

commodities shall be brought by such Ship or Vessel to some other
British Plantation or to some Port in Great Britain.

And Avhereas by several other Acts of Parliament which are now
in force no commodities of the Growth, Product or Manufacture of
Europe (except Salt for the Fisheries, Wines of the ^Madeiras and
Azores and Western Islands, and Victual and Linen cloth from Ire-
land under the restrictions in such Acts particularly mentioned) can
be imported into any Plantation, Colony, Tei-ritory or place belong-
ing to his Majesty in Asia, Africa or America, but what shall be
bona fide and without fraud laden and shipped in Great Britain and
carried directly irom thence.

And whereas during the continuance of the Combinations and
Disorders which at this time prevail within the Colonies of New
Jersey, Pennsylvania, Maryland, Virginia and South Carolina to the
obstruction of commerce of these Kingdoms and other his Majestys
Dominions, and in breach and violation of the laws of this Realm
it is highly unfit that the inhabitants of the said Colonies should
enjoy the same privileges of Trade and the same benefits and
advantages to which his Majesty's faithful and obedient subjects are
entitled.

Be it therefore enacted by the King's most Excellent Majesty by
and with tb.e advice and consent of the Lords, Spiritual and Tem-
poral, and Commons in this present Parliament assembled and by
the authority of the same, That from and after the twentieth day of
July one tiiousand seven hundred and seventy live and during the
continuance of this Act no Goods, Wares or Mei'chandises which are
particularly enumerated in and by the said Act made in the twelfth
year of King Charles the Second or any Act being the Growtlj,
Product or Manufactures of the Colonies of New Jersey, Pennsyl-
vania, Maryland, Virginia and South Carolina in North America or
any or either of them are to bo brought to some other British Colony
or to (ireat Britain or any such enumerated CJoods, Wares or Merchan-
dises, which shall at any time or times have been imported or brought
into the said Colonies or any or either of them shall be shipped
carried or conveyed or transported from anj' of the said Colonies
respectively to any Lan<l, Island, Territory, Dominion, Port or place
whatsoever other than to Great Britain or some of the British Islands
in the West Indies to be laid on shore there and that no other Goods,
Wares or Merchandises whatsoever of the Growtli, Product or Manu-
iactnrcs of the Colonics hereinbefore mentioned or which shall at

COLONIAL RECORDS. Ill

any time or times have been imported or brought into tlie same
shall from and after the said twentietli day of July and during the
continuance of this Act be shipped, carried, conveyed or transported
from any of the said Colonies respectively to any other Land, Island,
Territory, Dominion, Port or place whatsoever except to the King-
dom of Great Britain or Ireland or to some of the British Islands
in the West Indies to be laid on shores there, any law, custom or
usage to the contrary notwithstanding.

VIII. And whereas it is the intent and meanino- of this Act
that the several prohibitions and restraints hereinbefore enacted
should be discontinued and cease so .soon as the Trade and Com-
merce of his Majcstys subjects may be carried on without inter-
ruption within the said Colonies; be it therefore enacted by the
Authority aforesaid That whenever it shall be made to appear
to the satisfaction of his Majesty's Governor or Commander in
Chief and the majority of the Council of Colonies of New Jersey,
Pennsylvania, Maryland, Virginia and South Carolina tliat peace
and obedience to the laws shall be so far restored within the said
Colonies or either of them that the Trade and commerce of his
]\Iajestys subjects may be carried on without interruption within the
same and that Goods Wares and Merchandises have been freely
imported in the said Colonies or either of them froiu Great Britain
and to expose to sale without any let hindrance or molestation from
or by reason of any unlawful combinations to prevent or oljstruct
the same and that Goods Wares and Merchandises have in like
manner been exported from the said colonies or either of them
respectively to Great Britain for and during the term of one calen-
dar month preceeding that then and in such case it shall and may
be lawful for t!ie Governor or Commander in Chief with the advice
of the Council of such Colonies respectively by Proclamation under
the seal of such respectively to notify the same to the several officers
of the Customs and all others and after such Proclamation or Proc-
lamations have been issued as aforesaid shall be discontinued and
cease (except sucli as hereinafter provided) and all Officers of
his Majestys Customs and all other persons having charge of the
execution of this Act having received due notice of such Proclama-
tion are herein' directed and required to yield and pay obedience to
such Proclamation and to proceed in the discharge of their respect-
ive duties in ailniitting to entry clearing and discharging all Sliips
and Vessels and Goods Wares and Merchandises into and oiit of

112 COLONIAL RECORDS.

such respective Colony in like manner as if this Act had never
been made, anything herein contained to the contrary notwith-
standing.

[From MS. Records ix Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Thursday, .July 20*, 1775. '
At a monthly meeting of the Committee of the town of "Wilming-
ton, and count}^ of New Hanover.

Present: Cornelius Harnett, Chairman; Francis Clayton, Deputy
Chairman ; Fred'k Jones, Sr., Alexander Lillington, Wm. Wilkinson,
John Forster, Jno. Colvin, Jno. Flollingsworth, Thos. Devane, Jno.
Devane, Henry Toomer, Jno. Ashe, Sam'l Ashe, James Geekie, Jno.
Ancrum, James Moore, Wm. Perviance, Francis Brice, Adam Boj-d,
Archibald McLaine, James Tate, Wm. Campbell, And'w Ronaldson,
Peter Mallett, John Robeson, James Blythe, Sam. Swann, Wm. Jones,
W. T., Wm. Jones, L. C, Joel Parrish, James Walker, Wm. Ewins,
Thos. Bloodworth.

Visiting Members.

From Cumberland County — Farc^uicr Campbell, Rob. Cochran.

From Duplin Countj' — James Moore, Jno. James, Alex. Outlaw.

From Onslow County — Jno. Ashe, and Jno. Gibbs.

From Bladen County — Thos. Robeson, Thos. Owen, Walter Gib-
son, Wm. Salter, James Council, Evan Ellis, Peter Robeson, Rob.
Stewart, James Ptichardson, Jno. King, James White, Rob. Wells.
Thomas Brown, Wm. Stewart.

Joseph Preston being brought before the Committee and examined
declared on oath, that it was in common report that John Collet, com-
mander "at Fort Johnston, had given encouragement to negroes to
elope from their Masters and promised to protect them.

The Committee then adjourned until 7 o'clock to morrow.

Friday, July 2P', 1775.

The Committee met according to adjournment.
Present as before.

On motion, ordered, -That the Committee of Litelligence of tliis
town, write to the Committee of Cumberland, and congratulate them

COLONIAL RECORDS. 113

on the favorable disposition of their Committee and county to sup-
port the common cause of America.

On motion, Resolved, That application be made to Mr. Samuel
Campbell for the Muskets he has in his possession, the property of the
public, in order that they may be lodged with the Secretary of this
committee, to be distributed to those who may be in want of arms.

This Committee having taken into consideration an act of the
British Parliament for restraining the trade of the Colonies of New
Jersey, Pennsylvania, the counties of Newcastle, Kent and Sussex,
on the Delaware, Maryland, Virginia, and South Carolina, to Great
Britain, Ireland and the British West Indies, wliich is to take place
this day [see page ante, 109. — Editor]; it is

Resolved, unanimouslj', that the exception of this colony, and some
others, out of the said act, is a base and mean artifice, to seduce them
into a desertion of the common cause of America.

Resolved, that we will not accept of the advantages insidiously
thrown out by the said act, but will adhere strictlj' to such plans as
have been, and shall be, entered into by the honorable continental
Congress ; so as to keep up a perfect unanimity with our sister colonies.

The inhabitants of Poole (a seaport in the British channel) having
manifested themselves, not only inimical to America; but lost to
every sense of honor and humanity, by petitioning Parliament to
restrain the New England fisheries; by which inic^uitous act, the
virtuous inhabitants of those colonies, are cruelly deprived of the
means of procuring a subsistence ; and rendered almost dependent on
the bounty of their neighbors; in testimony of our resentment of a
conduct so injurious to our fellow-citizens, and so disgraceful to human
najture; we unanimously Resolve, not to freight, or in any maimer
employ any shipping, belonging to that town ; and that we will not
carry on any commercial intercourse or communication with the
selfish people of Poole.

Whereas, it appeared, upon incontestible evidence, that John Col-
lett, connnander of Fort Johnston, was preparing the said fort [under
the auspices of Governor Martin] for the reception of a promised
reinforcement, which was to be employed in reducing the good peo-
ple of this province, to a slavish submission to the will of a wicked
and tyrannic Minister; and for tliis diabolical purpose, had collected
several abandoned profligates, whose crimes had rendered them
unworthy of civil society; and that the said commander, had wan-
tonly detained vessels, api)lying for Bills of Health, thereby defeat-
VOL. X — 8

114 COLONIAL RECORDS.

ing the salutary purj^oses for which the Fort had been established
and continued — had threatened vengeance against magistrates, wliose
official opinion he chose to disapprove — had set at defiance the high
sheriff of the count}', in the execution of his oflfice, and treated the
King's writs, Avhen served on him for just debts, (which both as a
soldier and a subject, it was his duty to obey) with the shameful con-
tempt of wiping his b — k s — de with them — had with the most
unparalleled injustice, detained and embezzled a large quantity of
goods, which having been wrecked near the Fort, had the highest
claim to his attention and care, for the benefit of the sufferers; in
whose behalf, many and repeated apjilications had been legally made,
in vain, to the said commander — had contrary to every principle of
honor and honesty, most unwarrantably seized, by force, a quantity
of corn, the private property of an individual; an act of robbery the
more inexcusable, as provisions were never withheld from him, when-
ever he would pay for them — had basely encouraged slaves from
their masters, paid and employed them, and declared openly, that he
would excite them to an insurrection: It also appeared that the
said John CoUett, had further declared, that, as soon as the expected
reinforcement should arrive, the King's standard would be erected,
and that, to it should be invited all those (as well slaves as others)
who were base enough to take up arms against their country.

The Committee of Nevr Hanover and Wilmington, having taken
these things into consideration, judged it might be of the most per-
nicious consequences to the people at large, if the said John Collett
should be suffered to remain in the Fort, as he might thereb}^ have
op[)ortunity of carrying his iniquitous schemes into execution. This
opinion having been communicated to the officers, and the commit-
tees of some neighboring counties, a great many volunteers were
immediately collected ; a party of whom reached Brunswick, when
accounts were received, that the said commander had carried off all
the small arms, ammunition, and part of the Artillery, (the property
of the Province) together with his furniture, on board a Transport,
hired for that purpose, there to remain until the reinforcement should
arrive, and then again take ppsses.sion of the Fort: the original design
being thus frustrated, but the different detachments having -met at
Brunswick, about 500 men marched to tlie Fort, and burnt and
destroyed all the Houses, &c., in and about the same; demolished,
as far as they could, the back part of the Fortification, and cO'ectually
dislodged that atrocious Freebooter.

COLONIAL RECORDS. 115

Resolved, therefore, that the thanks of the Committee be given to
the officers and soldiers who, with such ready alacrity, gave their
attendance to effect a matter of so much real importance to the public.

The Committee then adjourned to the next meeting.

Extract from the Cape Fear iMercuri/ of Friday, 28"' July 1775,
appended to the above.

As this party was returning from the Fort they were met by a
detachment of near 300 men from Bladen County who had turned
out at a minute's warning and we are well assured the people were
in motion in several other counties at a greater distance. This
we mention with pleasure as a proof of the readiness of the peo-
ple upon any emergency in defence of their rights and privileges.
Besides the honorable testimony given to the officers and soldiers by
the Committee of New Hanover and Wilmington of their approba-
tion we have the best authority to say that the enterprise in which
they so chearfully embarked has been apfirovcd of by several very
respectable Committees in this Province.

The loss of the Americans in the late battle near lk)Ston l)y the
return made to General AVashington is 138 killed, 301 wounded and
7 missing. This may be depended on. *, * *

[Reprinted from the American Archives. Vol. 3. Page 1C97.]

Proceedings of the Safety Committee at Newbern.

, Newrerx, Noi;th Carolix.v, July 21" 1775.

Agreeable to an order of the honoraV;le the Continental Congress,
yesterday, the 20"" instant was observed as a day of fasting, humilia-
tion and prayer to humble ourselves before God and to deprecate his
impending judgments now held over this land for our sins and
offences. Divine service was performed in the church and a very
animating and spirited discourse suitable to the occasion was read
by a member of the Committee, to a very crowded audience, who
were assembled on the occasion. A deputation from tlie Committee
had been ordered, previous to the day, to wait on the Reverend M'
JariKS Rccd, Member of the Parish, to request and entreat him to

116 COLONIAL RECORDS.

perform divine service in liis chureli on the fast day and deliver a
sermon: but their entreaties were vain, he giving as a substantial
reason, that as he was one of the missionaries of the honorable
Society for Propagating the Gospel in Foreign Parts, he should ren-
der himself obnoxious to the Ministry and of course lose his mission.

The Committee taking into consideration the unaccountable
behaviour and conduct of I\P Reed, in deserting his congregation yes-
terday, when almost all ranks and denominations of Christians
among us were assembled at the church by order of the Continental
Congress, to humiliate ourselves before God, by fasting and prayer, to
avert from us his heavy judgments now hanging over us; have

Resolved that tlie Vestrj^ of this Parish be earnestly requested to
suspend the said Jcmes Reed from his ministerial function in the
said parish and tliat they immediatel}' direct their church-wardens
to stop payment of the said W Reed's salary as minister of the said
Parish.

In General Committee,
Newberk, July 23'', 1775.

The Sekct Committee having passed a vote of censui'o on the
Reverend M' James Reed, for refusing to perform divine service in
his church on the da}' set apart by the Continental Congress for a
fast, a motion was made tliat the said suspension be agreed to;
whereupon it was

Resolved unanimously, that the said suspension be confirmed.

[Fkom MS. Records in Office of Secretary of State.]

Letter from Samuel .Johnston to the Committee at Wilmington.

[Edenton] 21" July 1775.
Gentlemen

Immediately on advice of the prorogation of the Assembly I
consulted such of the members as happened to be in town on their
way to New Bern about fixing a time for the meeting of the Con-
vention wlio were unanimous that the 20"' of August was as soon
as due notice could be conveyed to the several Counties. I con-

COLONIAL RECORDS. 117

curred the more readily with them as Mr Hewes iu his last letter
expressed his desire that Mr Harvey should summon the Conven-
tion to meet some time in August. Had it not been expected by
every one that the Assembly would have met at New Bern on the
12* of this month the Convention might have met earlier but I did
not think mj^self at liberty to alter the place appointed by the last
Convention and that many members of the Assembly would proba-
bly be chosen to serve in Convention made it I thought impossible
that they should both meet at the same time and the uncertainty
how long the session [of the Assembly] would last rendered it
difficult to iix on a time for a meeting of the Convention. Neither
did I imagine that anything in the Letter from our Delegates pre-
cluded us from meeting in Convention before the rising of the
Congress but it was apparent that a Convention must necessarily
meet in August and if it had likewise met in July I am afraid the
second meeting would have been too thin to have answered any
important purpose to the publick ; as it is I have the greatest reason
to hope for a very numerous meeting. I took the liberty from a hint
given me by Mr Hooj^er to recommend to the several Counties to
increase the number of their Delegates, but this is a matter entirely
discretionary. A vessel from New York to this place brought over
two officers who left at the Bar to go to New Bern, they are both
Highlanders, one named McDonnel the other McCloud. They pre-
tend they are on a visit to some of their countrymen on your river
but I think there is reason to suspect their errand of a base nature.
The Committee of this town have wrote to New Bern to have them
secured. Should they escape there I hope you will keep a good
lookout for them. I doubt not the prudence of the Gentlemen
with you will have suggested the necessity of securing the High-
landers and that proper measures have been adopted for that
purpose.

[B. P. R. O. Am. & W. IXD. Vol. 379.]

Letter from Mr Stuart, Lidian Agent, &c., to the Earl of Dartmouth.

Saixt Augustixe 21" July 1775.
^Iy Loed,

Since my letter of 20"" May N^ 27, I have not been honoured with
any of your Lordship's Commands.

118 COLONIAL RECORDS

About the time that mj'- last letter was written I had information
from several Friends of an Intention in the Leaders of the Opposition
in Carolina to seize mj' person to prevent my making use of my Influ-
ence with the Indian Tribes, in the Southern Department to coun-
teract their views in case any orders I had already received or might
receive should render my doing so necessary for the good of His
Majesty's Service and in order to give a colour for their doing
so a Rej^ort was propagated everywhere throughout the Province
that I had sent to call down the Cherokee and Catawba Indians
which so irritated the People as to render my Friends apprehensive
that my jjerson was in danger. At the same time it was given out
that the Negroes were immediately to be set free by Government
and that Arms were to be given them to fall upon their Masters.
As nothing can be more alarming to the Carolinas than. the Idea of
an attack from Indians and Negroes, the Leaders of the disaffected
Parties easily can-ied into execution their plan of arming the People
and giving such a turn to their Disjiosition as might favour their
views which were to receive the sanction of a Provincial Congress
to meet the first of June.

Although I was then extremely ill and confined to my bed an
Idea that my falling into their hands might prove detrimental to
His Majesty's service determined me to remove to Georgia which I
undertook and arrived there about the beginning of June. I begg
j'our Lordshij^'s permission to submit the inclosed Copies of my cor-
respondence with the Committee of Intelligence (as they stile them-
selves) and of three other Letters whicli will shew your Lordship their
Intentions and how narrowly I escaped falling into the hands of an
incensed Mob at a time when my state of Health rendered me very
incapable of Ijearing rough usage; my Family and Property are
still in their Power, the latter they threaten to confiscate and I
anxiously wish the former from amongst them altho' I hope their
Sex and Innocence will intitle them to mild Treatment from a People
among whom they have lived so long respectablj'. I begg leave to
assure your Lordship that no consideration shall induce me to aban-
don the trust reposed in me. The Persecution I meet with is not
for anything I have done but for what I may do.

My intelligence from every part of the District represents the
Indians as extremely pacifick and well disposed. In, the Cherokee
Nation two Persons employed to carry Letters from Virginia were
killed near their Towns. M" Cameron demanded satisfaction which

COLONIAL RECORDS. 119

the ruling Chiefs consented to give and tlie Murtherers will certainly
be brought to Justice. From the Creek Nation we have Intelligence
that a Party was actually set out for the Cherokee Towns to com pleat
the satisfaction stipulated by the Treaty of Savannah by putting to
death the two IMutherers Houmackta & Sophia who had found
means of escaping thither.

•if********

I have the honor etc.,

JOHN STUART.

[Reprinted from the American Archives. Vol.

Letter from Governor Martin to Lieutenant Colonel James Cotton
of Anson County.

Ckuizer Sloop of War Cape Fear River,

July 21", 1775.
Sir,

I have received your letter of the fifteenth instant by Mr Cun-
ningham, and highly approve your proper and spirited Conduct,
while I cannot sufficiently express my indignation and contempt of
the proceedings of Captain- General Spencer, and his unworthy
Confederates. You and the other friends of Government, have only
to stand your ground firmly, and unite against the seditious as
they do against you, in firm assurance tliat you will be soon and
effectually supported. I wait here to forward the purposes of the
friends of Government, or I would have been among you. At a
proper season you may depend I shall render myself among you,
and in the meantime let nothing discourage you. The spirit of
rebellion has lately received a most severe check in New England,
and I have not the least doubt that all that Country is, by this
time, entirely reduced by His Majesty's Army, which by my latest
advices, was carrying on its operations with the utmost vigour.

Major Snead may be assured of my attention to all his wishes at
a proper time.

I beg my compliments may be presented to Colonel McDonald,
and am Sir, vour most humble servant

JO. MARTIN.

120 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Minutes of a meeting of the Freeholders in Tryon County.

NoKTH Carolina 1 -r, , ^ ^- i.-

Tryon County. / P^i's^^^^t to ^otlce.

At a meeting of the Freeholders of the County of Tryon at the
Court House of said County on the Twenty Sixth Day of .July one
thousand seven hundred and seventy five; in order to elect a Com-
mittee for said County,

The Following persons were chosen to wit:

For Captain Beatey's Company — Thomas Beatey, David Jenkins,
Jas. Johnston, Jacob Forney.

Captain Carpenter's Company — Thomas Espey, "\^alentine ^lau-
ney, Nicholas Friday.

Captain Coburn's Company — James Coburn, Robert Alexander.

Captain Harden's Company — Joseph Harden, Benj. Harden,
Davis AVhitesides.

Captain Hambright's Company — Frederick Hambright, James
Logan.

Captain Hampton's Company — Andrew Hampton, .John Morris,
George Russell.

Captain Barber's Company — Charles M'Lean, John Robinson,
John Barber.

Captain Magnes' Company — William Graham, James ]\PAfee,
Perrigreen Magnes.

Captain Paris' Company — George Paris, Ambrose INIills.

Captain Aaron Moore's Company — John "Walker, John Beeman,
George Black.

Captain Baird's Company — Andrew Neel, James Baird, W" Pat-
terson.

Captain M°Ivinney's Company — John ^PKinney, Jonas Bedford.

Captain Kuykendall's Company — Abraham Kuykendall, W"
Thomason, Robert ]\PMinn.

COLONIAL RECORDS. 121

[B. p. R. O. Am. & W. IXD. Vol. 223.]

Proceedings of the Safety Committee in Wilmington. "*

AViLMIXGTOX Ju

In consequence of a letter from Samuel .lohnston E.sq" appointing
the 20"" August next for the meeting of the Provincial Convention
at Hillsborough and recommending that five delegates at least
should be sent bj" each county :

Resolved that Tuesday the 8'"" day of August be appointed for an
election of additional Delegates for the County and Town and that
the Freeholders do attend at the Court House in AVilmington for
that piurpo.se on the said S"" day of August next.

By order of the Committee.

CORNELIUS HARNETT, Chairman.

[From M3. Records in Office of Secretary of State.]

Minutes of a General -Meeting of the Freeholders in Pitt County.

Maktixeorough, .July 29"" 1775.

According to Adjournment the Committee met it Proceeded as
Follows, viz :

Agreeable to Notice, The Freeholders of this County met and
elected Col" John Simpson, Geo. Evans, W™ Bryant, James Gorham,
and Edward Salter to attend at Hillsborough on the Twentieth day
of August next, then and there to sit in General Convention of this
Province to consult and Adopt such measures & plans as they and
the rest of the Members in Provincial Convention may think Bene-
ficial & Serviceable to this Country it Province in General, &c.
Test: JNO. LESSLIE, Clerk.

At a General Meeting of the Freeholders of this County, George
Evans and Edward Salter who were some time past elected to meet
in Convention, Informs that the Circumstances will not admit their
attendance. They were then Discharged and Robert Salter and James
Latham was then elected to attend, in conjunction with John Simp-

*The Cape Fear Mercury of 28th July, 177.5.

122 COLONIAL EEGORDS.

son, James Gorham, W" Brj-ant, Deputies in Provincial Convention
at Hillsborough on the 20* of this Instant, then and there to con-
sult and adopt such measures & matters as they may think Bene-
ficial for the just Charter Rights & Liberties of this Country in par-
ticular, the Continent in General.

Proceedings of the Safety Connnittee in Pitt County.

Martinbokough 29"' July 1775.

As there was manj" subscriirtions in this County for the Relief of
the poor at Boston, and some of the Receiver.? that have Received a
part, Resolved that those Receivers that who have paid [ ]

contributions [ ] Repaj' what they have received, To the

persons and Deliver into their Committees an account thereof.

The Committee being informed that the Vestry of this County
had made a certain Contract & Agi'eement v/ith the Reverend Nath'
Blount to serve this Parish the Term of Twenty years, wliich has
much Divided the United plans of this County, The Committee
Recommends that the Church Wardens advise Mr Blount in answer
to his Letter, That the People Desires he ma}' withdraw from his
Agreement as the only method to Unite People of the County.

Mr George Evans is unanimou.sly chosen Chairman in absence of
Col° Simpson.

The Committee is adjourned till the 9'" day of Sep' 1775.

JOHN SIMPSON, Chair.

[Reprinted from American Archives. Tol. S. Page 17.;7,]

Letter from a gentleman in North Carolina and one of the Delegates
of the Congress to a principal House in Edinburgh.

Edextox July 31" li75.
Gentlemen :

"We wrote to you the seventeenth instant, since which we have
not been honoured with any of your favours. With this you will
receive a bill of lading for the Cargo of the Brigantine Chaniditg
Betsey, John Boyle Master (by whom this goes), which you will
please to dispose of to the best advantage for our interest, and place
the nett proceeds to our Credit with you. You will observe the brig

COLONIAL RECORDS. 123

has only six lay days, and beg the favour you will have her dis-
charged, so as we may not be subject to damage.

We expect to send you another vessel with such another Cargo
before the exportation is stopped, which will be the tenth of next
September; but we shall write you more at large by a ship to sail
from hence to London in about two weeks. All our remittances
must hereafter be by bills; we have laid ourselves out to remit you
in that way, as all . other is now in a fair way of being entirely
shut up. We are in a terrible situation indeed; all trade here is
now at an end, and when it will again be revived God only knows.

Every American, to a man, is determined to die or be free. We
are convinced nothing can restore peace to this unhappy C ountry,
and render the liberties of yours secure, but a total change of the
present ^Ministry, who are considered in this Country as enemies to
the freedom of the human race, like so many Master devils in the
infernal regions, sending out their servant furies, to torment wherever
they choose their infernal vengeance should fall.

Permit us, dear Sir, as you have exerted yourselves, to try another
effort to save from destruction the once, and but lately, most flour-
ishing Empire in the world.

We do not want to be independant; we want no revolution,
unless a change of Ministry and measures would be deemed such.
We are loyal subjects to our present most gracious Sovereign in sup-
port of whose crown and dignity we v\-ould sacrifice our lives, and
willingly launch out every shilling of our property, he only defend-
ing our liberties.

This Country, without some step is taken, and that soon, will be
inevitably lost to the Mother Country. We say again, for the love
of Heaven, for the love of liberty, the interest of posterity, we con-
jure you to exert yourselves. Petition again; the eyes of our most
gracious Sovereign may yet be opened, and he may see what things
are for his real interest, before they are eternally hid from liis eyes.
We can vouch for the loyalty of eveiy one in this part of the
Province. We beg your pardon for troubling you on the subject of
politicks so much as we have done; but we hope you will excuse us,
when we tell you our all depends on the determination of Par-
liament.

We have the honour to be, Gentlemen, your Uiost obliged hum-
ble servants.

124 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at ^A'ilmiiip-ton.

&'•

Monday, July 31", 1775.

At an occasional meeting of the Committee.

Present : Cornelius Harnett, Chairman ; Francis Clayton, Deputy
Chairmaii; Henry Toomer, Wm. Purviance, James Blythe, Wm.
Ewins, Wm. Wilkinson, John Forster, Tim. Bio idworth, Wm. Camp-
bell, Jno. Ancrum, Peter Malette, Andrew Ronaldson, Jno. DuBois,
Adam Boyd, Francis Claj ton.

The Chairman presented to the Committee, a letter from Mr.
Rowan, inclosing one of the Governor's to a certain Lieut. Col. James
Cotton ; it was

Resolved, unanimously, Tliat the Committee apiprove of I\Ir.
Rowan's conduct ;. and that the Committee of Intelligence be requested
to write to him on the subject.

Mr. Boyd -read a letter from the Governor, requesting him to print
an account of a late engagement at Bunker's Plill between the King's
troops and provincials : craved their opinion respecting the above
publication ; it was

Resolved, unanimously, That he should acquaint the Governor,
that the Committee would not admit the seperate publication in
hand bills; but that if it was agreeable to him, it might be printed
in the Mercury.

Whereas, we have learned from undoubted authority, that Gov-
ernor Martin intends going into the back country, to collect a num-
ber of men, for the purpose of disturbing the internal peace of this
province —

Resolved, That the Governor's going into the back country may
be of great prejudice to this Province, as it is in all probability he
intends kindling the flames of a Civil war, and that the Committees
of the different counties should be advised of his intentions and
requested to keep a strict lookout, and, if possible, to arrest him in
his progress.

The cdmmittee then adjourned to the next meeting.

COLONIAL RECORDS. 125

fB. P. R. O. Am. & W. IxD.: Xo. Carolina. No. 222.]

Depositions about affairs in Anson County.

Ox Board His Ma.jesty's Sloop Cruizee,
In Cape Fear River,

This 12"' day of August, 1775.
No. Carolina — Ss.
Samuel Williams deposed upon the Holy Evangelists of Almighty

God in manner and form following, viz',

About two mouths ago he the said Sam' Williams was at a meet-
ing of people in Anson County at John AValls on Hedgecock Creek
where Colonel Sam' Spencer was persuading the People to sign the
Association of the Congress and the People speaking of the Oath of
Allegiance that part of them had taken, the said Spencer said that
His Majesty George the Third had broke his Coronation Oath and
by that he thought the People were absolved by such an example.
Some time after he saw a number of People assembled at the Court
house where they chose a Committee of 19 men, and that Thos. Wade
and Dav" Love 2 of the Captains and in the said Committee made
use of all their Interest to enlist men for the use of the Congress, and
that he hath since heard they have enlisted vast numbers. He came
down about the 7'" of July with a Petition to Governor Martin then
at Fort Johnston from many persons in his County and on his return
staid l3ut one night at home, but he had a letter to M' McDonald
which he carried to Kingsborough, and while at his house he received
a message from his wife and informed him that near 30 men had
beset his house and burst open the door in search of him, and that
they were armed with guns and other weapons, and that she under-
stood they intended to kill him for bringing up the account of the
action at Boston, which they said was a.most infamous lye, and that
he was the Author. On j\Ionday July he was at a great meeting of
people at one M' M°Caskets, when a large number of armed men
came upon them in order to take them said to be about 200 men, the
greater part from South Carolina, the Principals were Captain Philip
Pledger, Cap' G. Hicks and Sam' Wise, and of our County Tho' Wade
and Dav'' Love.

He stood at some distance and received them as they past by
(undiscovered) when they carried away Wilson Williams to one

126 COLONIAL RECORDS.

Will" ^Lisks and there obliged him to sign and swear allegiance to
them, and that they likewise took away IVfColson and Colonel Cot-
ton. He .remained in the Woods till he heard of Colonel Cotton's
escape from them, when he joined him and made the best of our way
on board the Cruizcr, as our persons were much in danger for Dav'^
Love and Samuel Spencer had several times threatened liim with
seizing and selling his Estate for the Support of the American Troops,
provided he did not join them, and furthur this Deponent saith not-
(Signed) SAM' WILLLIMS.

On Boakd His Majesty's Ship Cruizek,
IN Cape Fear River,

This 18'" day of Aug' 1775.

Jacob Williams, Planter in Anson County, bein.g duly sworn on
the Holy Evangelists of Almighty God, deposeth and saith that
about the 25"" of last May as he was on the Road to South Carolina
one Samuel Wise, appointed by the Committee of Divers persons
disaffected to Government, came up to him in a violent manner,
called him damned scoundrel, swore he liad a great mind to kill
him, saying he was surprised that he would be against the country,
and some days after one Donaldson came, together with two other
persons, took him in custody and carried him by force before several
persons who called themselves Committee Men, confined him as
th(>ir prisoner two days and two nights and read over several papers
and endeavoured to persuade him to join with them, and when
they had examined him and found he would not concur with their
measures and answer such questions as tliey asked they set him at
liberty. After he was discharged he was returning home and stop-
ped at a house to sleep, and after being there some time after dark
came one .Joseph Pledger, John Andrews and four other Persons
unknown to the Deponent, took liold of him by force in a violent
manner and carried him into the Woods; the Deponent told them
he l>elieved they intended to kill him, they answered they intended
to treat him as an Enemy to the Country and ordered the Deponent
to strip; took off his coat and began to tye him but after much
threatening they released him and the Deponent was informed they
intended to take him again dead or alive; one David Love asked
the Deponent if he had signed tlie Protest against the Proceedings
of the Continental Congress, he answered he had, upon which the
said Love replied, you are an Enemy lor that he himself had

COLONIAL RECORDS. 127

engaged in behalf of the Congress; he then said Lord North was a
Roman Catholick, that the King's crown tottered upon his shoulders,
for he had established the Roman Catholick Religion in the Prov-
ince of Quebeck, and that the King and Parliament did intend
to establish Popery on all the Continent of America, and that the
King was forsworn; that on the 20"' of June last Tho" "Wade, Tav-
ern Keeper of Anson Court House, said to the Deponent that the
King and Parliament had Established the Roman Catholic Religion
in the Province of Quebeck and did intend to bring in Popish Prin-
ciples into America, and that tlie King had forfeited his Coronation
Oath and that they the Congress intended to Rule the People of
America by way of a Continental Congress and by Provincial Con-
gresses and by Committee; that the Deponent saw him with a
cockade in his hat and that he was listing Men as fast as he could.
And further this Deponent saith not.

(Signed) JACOB WILLLA.MS.

, Ox Board His Majesty's Sloop Ckuizer,
In Cape Fear River,

This 13"- August, 1775.
N° Carolina— Ss.

.James Cotton of Anson County, being sv.-orn of the Ploly Evan-
gelists of Almighty God, deposeth and saith, That on the second
Tuesday of July last past, a Company of People stiling themselves
a Committee for the County of xVuson to the number of about tliirty
met at the Court House of .said County, and did then clioose Rich*
Farr and some other person to deliver the following Message, viz:

That the Committee presented their Compliments to me and
desired to see me ; on which I waited on them. Samuel Spencer
their chairman arose and said M' Colson this Committee has sent
for you as one of the Burgesses of the ^bunty to acciuaint you with
our proceedings and to endeavour to get your approbation, the
Resolves of the Continental Congress being by him read. M' Thos.
Wade stood up with an audible voice read the Resolves of tlieii-
Committee, then the}' demanded of me whether I could sign them
and how I approved of them. I would by no means be persuaded
by them, but told them, in the Court House that they would be all
deemed Rebels and their Principals would be hanged; they answered
me that if I did not join with them they should be under the abso-
lute necessity of proceeding against me according to the Directions

128 COLONIAL RECORDS.

prescribed to them by the General Congress, but that they would
give me two weeks to consider upon the matter ; for which favour I
returned them no thanks. I tarried some time with them in the
Court House to observe tlieir proceedings, which was as follows, viz,
Tho' Wade spoke and said, Col. Spencer you have been an old Field
officer, you shall be our CajDtain General ; Spencer replied, anything
Gentlemen that I can oblige you in I am ready. "William Thomas
another Member of Committee said, Martin has turned M' Wade
and Col. Medlock out of Commission let us appoint them our Cap-
tains, which was accepted of by them. Then I retired from their
Company, a few minutes after one of the Committee came to me
and told me he heard Rich'' Farr just now say if he could get me
before the Court House near So. Carolina he would be my butcher,
the Committee sending many Newspapers and other writings to me
by way of Instruction during the sitting of the Court in order to
convince me of my error till Friday night, when I left them and
exhorted some of them then present to desist from their wicked
practices or they would repent when it was too late.

On the 2^ Tuesday following very early in tlie morning a certain
Dav* Love came into raj bed-room (being admitted by one of my
Servants) with a rifle gun, and all other necessary Accoutrements
and told me the Committee had sent for me, and that he was Cap-
tain of a Company which he had out of doors and was determined
to carry me nolens volens, to them at Masks ferry on Pedee that
morning. I arose out of my bed from \ny wife, and looking out
of doors I saw William Love, .John Luellen, Will" Thomas, Sam'
Curtis, W"' Covington, and some other persons -whom I know not.
All appeared as well accoutered as the former, they immediately all
rushed into the house and told me to prepare to go with theui, I
told them as they were all so well armed, I would carry my Weapons
for War also, which they all forbid. I finding it was out of my power
to withstand prepared to go with them in the meantime one of
my Negroes in a fright was about to run away to alarm the neigh-
hood of their Proceedings when one of the said Company espied him
Cocked his Gun at liim and swore he would kill him if he did not
return. I hearing of the uproar ran out of the house and rebuked
the villain sharply for daring to jiresent a loaded Gun at any per-
son about my house, telling him I had a great mind to send him
to Gaol, the new Captain told me I must consider myself as a
Prisoner and not as a Magistrate, at which I persisted no i'urther.

COLONIAL RECORDS. 129

Cap' Love immediately turned Iiiiiiself about to his Company and
said now you see Gentlemen that Governor Martin and his damned
officers will set the Negroes on to kill us etc. Then we all imme-
diately rode away. I appeared to them Chearful, we stopped
about 5 miles from my house there I gave them some rum then
we rode about ten miles further to the house of Jno. Smith (adju-
tant) where I employed them drinking cyder, in the meantime I
was informed by Smith that four Thousand Men were come from
So. Carolina to Masks ferry to join the Anson Committee and to com-
pel the officers of the County to join with them or to take them
Prisoners and oarrj' them to Cha' Town, and that .John Colson was
already taken. I spoke to a man who lodged at Smith's one Rich*
Downs to walk aside and speak a word with me which he did; I
then ran away from my Keepers, and know not that I have seen
them since. I travelled as secretly as possible home that night
but darst not tarry armed mj-self and slept in the woods adjacent.
The next day INP Smith sent up my horse & saddle by his son
who told me Capt° Love had offer'd a large reward for anybody
that would take me and tye me and carry me before the Commit-
tee, and that each of the Men offered five pounds also. Major Sam'
Snead's son Israel came and told me he was at Masks ferry and
that the So. Carolina rebels were only 219 and that there was about
120 of our County on the day aforesaid. I then sent orders to
some of the Militia Caj^t' to call their Companys together to sup-
press the present invasion, but through fear and treachery' they
disappointed me, about 40 men attended several daj's and nights to
defend me during which time as I suppose the Rebels laid my
corn fields flat to the ground in manj' places, and there was an
appearance of many men and horses by their tracks; on the Satur-
day evening following at one of my neighbours Plantations I saw
in the twilight of the evening a Man seperate himself from aI)out
seven others without a hat a handkerchief tyed about his head,
and made towards the place I stood with a Gun in his hand,
imagining his design I fired at him whether I hit l.im I know not,
immediately I heard them ride away etc. I have camped in the
Woods ever since until I arrived on board this Vessel on Sunday last,
and further sayeth not. (Signed) JAMES COTTON.

N. B. I have often heard that the Rebels said thej' would burn
up my houses and Mill, drive awaj' my Negroes and Stock and
that I should not tarry with them nor my family.
VOL. X — 9

130 COLONIAL RECORDS.

B. P. R. O. Am. & W. IND.: No. Carolina. No. 232.]

Depositions about the burning of Fort Johnston.

Samuel Cooper Master of the Ship Unitij belonging to riyniouth
in the Kingdom of Great Britain being sworn on the Holy Evangel-
ists of Almighty God, Deposeth and Saith,

That on or about the 17"" day of July last he this Deponent together
with Captain Cheeseman Master of the Brigantine Success coming in
this Deponents boat from Wilmington to the Flatts in Cape Fear
River it being the same day on which a certain Colonel Ashe sailed
for Brunswick in Roger's Sloop, which had been presided for the pur-
pose of carrying him and a number of armed men. They overtook
t'ne said Sloop and a certain M' Robinson as this Deponent hath
heard and being informed then on board the said sloop, hailed this
Deponent's boat and informed them that Colonel Ashe desired they
■would come alongside and drink some Toddy which they complied
with. That while this Deponent and his Company were on board the
said Sloop the persons appearing to be officers and part of the armed
men then on board her in general avowed that their Expedition
was with intent to take His Majesty's Fort Johnston and the said
Robinson in the hearing of Col. Ashe and the other officers requested
this Deponent's people in the Boat' (being four in number) to hold
themselves in readiness to assist in the glorious Enterprize or words
to that effect and asked if they would go with them, his people replied
they had fought for their King on board a Man of War and when
they chose to fight it should be there again. This Deponent saith,
that while they were drinking some Toddy, the said Robinson said
he would give them a Toast and accordingly said Damnation to all
Tories and that Tory the Governor, meaning the Governor of Fort
Johnston, Captain Collet, and if you want fresh provisions we will
send you his Quarters (meaning the Governors) up to the Flatts.
This Dei^onent furthur saith that about midnight of the IT"" afore-
said a certain Captain Smith brought a letter on board this Depo-
nent's Ship and having procured a light this Deponent read the
contents and found the substance thereof to be, that Colonel Aslie
requested the Masters and Commanders of the Ships at the Flatts to
assist him with what Boats, Men and Swivil Guns they could spare,
in tlie glorious cause of libei'ty, which letter was signed John Ashe.

COLONIAL RECORDS. 131

And this Deponent further saith that on the 16"" of the said month
of- July, this Deponent gave leave to his Mate Boatswain and Car-
penter to go to Brunswick to see an old shipmate on board one ot
the Vessels then lately arrived from England, saith he was informed
that on their return they were ordered by a person on board a small
schooner full of armed men to bring too which thej' neglecting they
were fired upon by scJme of the armed people and not bringing too
were again fired at, they then thought it more safe to go alongside
the Schooner, and severely reprehended them for so cowardly an act
as firing on an unarmed Boat, the fellows excused themselves by
saying they had no intention to hurt them but only to frighten them
as they knew they were Englishmen and would be frightened at a
flash in the pan, they then forced this Deponent's People to land the
armed Men with their Boat.
(Signed) SAM' COOPER.

William Todd Commander of the Ship Duke of York of and
belonging to Whitehaven in the Kingdom of Great Britain and
being duly Sworn on the Holy Evangelists of Almighty God,
deposeth and saith :

That on the 9"" of .July being on his way to Wilmington to advise
AP Cruden of his arrival in Cape Fear River, he called at Bruns-
wick and was there asked to dinner by M' Dry, Collector of His
Majesty's Cu.stoms at that Port. That he accepted his invitation
accordingly, and after dinner he heard with astonishment the said
M"' Dry toast three several times "success to the American Arms,"
adding that he wished ardently from his soul they might conquer.
That he this Deponent drank his glass twice, without repeating any
Toast, but being asked at tlie third rou)id whether he had any objec-
tion to the Toast he drank it fearing his opposition might prove
injurious to the owners of his Ship. That on the 17"" of the last
month (July) this Deponent being in bed on board liis Ship lying
at the Flatts was waked by one of his People about midnight and
told there was a man come on board who wanted to see him. That
this Deponent immediately got up and went on Deck where he
was presented by a person (of the name of Smith as he has been
informed) with a letter which he told him was from Col. Ashe,
which this Deponent read and found it addressed to all Captains and
Masters of Ships lying at the flatts purporting tliat they were
requested to send all their men, boats and several guns to assist in

132 COLONIAL RECORDS.

their glorious design of burning the Transport with fire rafts which
they had prepared for that purpose, adding tliat he hoped the Mas-
ter of Ships would not be wanting in giving the utmost assistance
upon the occasion, that those who went upon the Expedition should
be well rewarded. This Deponent declared that the above men-
tioned was signed John Ashe, which having read three times over
and asked leave to keep it or to take a copy of it which was refused,
he returned it to the messenger who brought it desiring him to make
the Deponents compliments to Col. Ashe and to let him knovr that
he could not conveniently spare his men, boats or swivil guns ; that
if his men chose to go upon the intended service he could not con-
trol them, but it was out of his power and he could not command
them to go, and that if Colonel Ashe meant to employ force to take
his boats he had not strength to withstand his superior force, upon
which answer the Messenger retired from his this Deponent's ship.
And further this Deponent saith not.
(Signed) WILLLIM TODD.

Edward Cheeseman, Commander of the Brigantine Success off and
belonging to the Port of Pool in Great Britain, being duly sworn
this 1" September 1775, on the Holy Evangelists of Almiglity God,
deposeth and saith,

That on the IG"" day of July last; he the Deponent together witli
Captain Cooper of the Ship Unity and M"' Bowan, were going from
Wilmington to the Flatts and overtook Col. Ashe, who had embarked
before them at Wilmington with a party of armed men on board
Roger's boat which was pressed for that purpose; that on coming up
to the said Sloop they were hailed by a person on board her and
invited to go alongside to drink some Toddy with Col. Ashe; that
the Deponent and his companions aforementioned went on board
the said Sloop and while they were there they heard the purpose of
their Expedition declared to be to take or to destroy Fort Johnston
and His Majesty's Sloop Cruizcr; that a certain person on board of
the name of Robinson as this Deponent thinks, in the hearing
of Col Ashe and his officers, desired the seamen in Captain Cooper's
Boat to hold themselves in readiness to assist them in the glorious
enterprize, which they refused, etc. The Deponent further declares
that the same person after asking him and Captain Cooper whether
they wanted any fresh beef, and being answered in the affirmative,
said they would send them the quarters of the Governor to the

COLONIAL RECORDS. 133

shipping at the fiatts for fresh provisions: And further this Depo-
nent saith not.
(Signed) EDWARD CHEESEMAN.

John Martin Commander of the Ship Liberty, Property of and
belonging to the Port of Belfast in the Kingdom of Ireland, being
duly sworn this 4"" September 1775 on the Holy Evangelists of
Almighty God, deposeth and saith,

That he the Deponent a daj' or two before the destruction of Fort
Johnston hy the People headed by John Ashe heard them gascon-
ading and boasting of their intended expedition to destroy Fort
Johnston, His Majesty's Sloop Cruizer and the Transport on board
which Captain Collet and the Garrison of Fort Johnston was
embarked, which last seemed to be the principal object of their
rage. That on Monday morning the 17"' day of July last about 2
o'clock a certain person named Smith came on board the Deponents
Ship lying at the Flatts and asked for the Master. That the Depo-
nent being informed thereof by his Mate, rose from his bed and
directing a light to be struck desired the Messenger to walk down into
the Cabin, where he delivered a letter to the Deponent signed John
Ashe Col. and directed to all Masters of Ships then lying at the
Flatts the substance of which was that Col. Ashe required them to
send all the boats and men they could spare immediately to assist
in the glorious enterprise they had in hand. That Smith the
bearer of the letter told the Deponent they were preparing Fire
Rafts and wanted the Ships boats and hands to tow them down the
river. That the Deponent after perusing the Letter several times
told Smith the messenger that he had business enough for his
Boats and Men that he could not answer for the Disj^osition of his
People but believed the}' would not willingly engage in the pro-
jected Expedition in which opinion he was afterwards confirmed by
the unanimous Declaration of his Crew.

Signed JOHN MARTIN.

134 COLONIAL RECORDS.

[From MS. Records ix Office of Secretary of State.]

Proceedings of the Safety Committee in Rowan County.

At a meeting of the Committee for the County of Rowan August
1=' 1775.

Moses "Winslow, Chairman.
James Macay, Clk.

On Motion Resolved, That Col Kennon i\r Avery and M' Coles
be admitted to seats in this Committee.

Resolved That a friendh* address be sent to the Inhabitants of
tire fork of Yadkin in order that a confei-ence may be had with
them on Frida}' next.

Resolved That Messrs Avery, Sam' Young and W^'Shar}! be a
Committee to draw up said address.

M' Cook the Baptist Preacher appearing before the Committee
and in the most explicit and humiliating Terms professing his Sor-
row for signing the protest against the Cause of Libertj^ which
lately circulated in the fork of the Yadkin — and other parts of his
conduct in opposing the just Rights and Liberties of the Nation in
general and American Liberties in particular and intrcating for
Information relative to the present unhappy Disturbance.

Resolved That Messrs Samuel Young and Will Sharp wait on
]\r Cook, and give him all the information in their power.

Resolved That one thousand A'olunteers lie immediately embodied
in this County, elect their Staff Officers and be ready at the shortest
Notice to march out to Action.

Resolved That Messrs Sam' Young, James Macay and W" Sharp
be a Committee to draw up an address to the several Militia
Companies,

Which being done, was read, and is as follows —

Gent'

"We the Committee for the County of Rowan, and Town of Salis-
bury having received a letter from the honorable Continental Con-
gress recommending to this County immediately to form a part of
the Men able to bear arms into Regular Companies for the Defence,
of this Province, against the Tyranny and Designs of the Kings
Ministers to undo him and us.

COLONIAL RECORDS. 135

Thus far the Recommendatiou of the Congress which we are
further led most anxiously to engage in from having now in our
possession letters directed by Lord Dartmouth the Kings Secretary,
and General Gage his Commander at Boston, declaring their inten-
tion to attack this Province by arming one part of us under British
Officers against the other, by which cruel means each Neighbour-
hood would be engaged in bloody Massacre with its adjacent in
that bitter scourge to humanity, a Civil War — Brother against
Brother, and Son against the Father; letting loose upon our defence-
less frontier a Torrent of Blood by the Savage rage of Indian Bar-
barity, who are ordered a supply of Arms and Ammunition by
Lord North immediately to attack us, and repeat the inhuman
Cruelties of the last War, Ripping Infants from the wombs of their
expiring mothers, roasting Cliristians to Death by a slow fire. But
let us cpiit a subject disgraceful to Christianity and rouse like one
Man in Defence of our Religion from Popery, our Liljerty from
Slavery, and our lives frum tormenting Death.

We exhort that each Captain do ^nlist as many Men within his
company or elsewhere, as in his power, who are to form themselves
into companies of 50 men or more. Choose their officers, and be
supplyed with ammunition for tlie purposes above said, vrithin
their County and frontier.

And-it is most earnestly recommended that the}' do as quick as
possible improve themselves in the discipline and Exercise.

Resolved, That all powder in this town be taken into the posses
siou of .this Committee.

Resolved, That Hugh j\Iontgomery, Maxwell Chambers, Will.
Nisbit, Matthew Troy, and M' ]\Iitchell be required to declare on
Oath to this Committee what quantity of powder, lead and flints is
in their possession, and that they may deliver the same to the order
of this Committee.

Resolved, That M' Matthew Troy, do deliver unto this Committee
all the powder in his custody, the property of John Kelly, and that
the Committee indemnify W Troy for said action.

Resolved, That a copy of the above Resolve signed Ijy all tlie
members be given to M' Troy as the Obligati )n of this Committee.

Resolved, That .John Work deliver to the order of the Committee
one Quarter cask of powder, and all the lead and flints in his pos-
session, and that the Committee pay for the same the price set upon
these articles.

130 COLONIAL RECORDS.

Resolved, That George Henry Barringer Esq', David "Woodson,
Richard Shaver, attend on Lewis Jefre, and by order of Committee
require him to deliver to them the powder and ammunition in his
possession, and that this Committee obligate themselves to pay for
the same. Also that they wait on Frederick Fisher for the same
purpose.

Be it remembered that the Day before a Petition was presented
by Doctor Newman and others against the seeming abitrary conduct
of Col° Kennou and others in the case of Dunn and Boote.

Resolved, That the Petition presented by Doctor Newman be
considered.

After a long Debate, the question was put — discharged in the
petition —

1". Whether the malice &c was proved ?

Answered in the Negative.

2°*. "Whether there was a Necessity for taking Dunn et Boote?

Answered iu the Affirmative. *

3'*, When taken whether to be removed?

Answered in the affirmative.

4'". And if removed whether to South Carolina.

Answered in the Affirmative.

5"". Whether the Conduct of Col. Alartia and others be a prece-
dent for the future in all cases of the like Nature?

Answered in the Negative.

G"" Whether the Conduct of Col" ]\Iartin and others merited the
Thanks of this Committee considering the alarming Situation of
the Provinces in general?

Answered in the affirmative.

Resolved, That John Oliphant, James Patterson, William Neal,
Gilbraith Falls, declare in oj^en Committee that the Determination
relative to their Dispute falling iu favor of either party, shall be no
let or Cause of Division with them in support of Right and Liberty.

W^hereas from the late contradictory and equivocal Behavior of
Cap' Oliphant it appears he cannot be entrusted to execute the late
Resolve of this Committee with respect to embodying Volunteers —
and said Captain refusing to act any longer in that caj^acity —

Resolved, That Captain Oliphants' Companj^ meet as soon as
possible, elect proper officers, and that the Captain so appointed is
hereby directed to execute the Resolve of this Committee, relative
to raising and embodying "\^olunteers.

COLONIAL RECORDS. V-u

Resolved, That the 5"' Day of this Listant a Poll be opened for
the Election of the Town of Salisbury, and that they elect one oi-
more Delegates to sit in the Provincial Congress.

Resolved, That the Poll open immediately, and that the County
choose their Delegates.

Resolved, That the 14"' of this Instant .Jonathan Hunt and Sam'
Bryans meet this Committee and make oath to the signers of the
papers by them produced.

Resolved, That Sassinfield and Company come before this Com-
mittee the l-t"" Instant in tlie same manner and on the Terms that
Jonathan Hunt, the Bryans and others came liefore this Committee
on the 4"' Instant.

Ordered that M' James Macay serve Sassinfield's Company with a
copy of the foregoing Resolve.

Resolved, That Ca})tain \\'ill Davison take into his custody the
powder, lead and flints in the possession of John ^^'ork, and dispose
of the same according to the order of Committee.

Resolved, That Christopher Beakman take into his Custody the
powder, lead and flints now in the possession of Conrad Hildebrand
and dispose of the same at the order of Committee, and for the
security of payment to Conrad Hildebrand he deliver to him at the
receiving of it an Order on this Committee, which shall be accepted
by us.

Resolved, That fur the Time being each Militia Company pay
their quota of Expense according to the Number of Taxables.

Resolved, That for the Time being each Militia Company shall
send two Members to Committee.

Resolved, That Robe t King, William Shark and James Wallace
be a Committee to make a Register of the past Resolves of this
Countv Committee. JAMES MACAY Clk.

[Reprinted from American Archives. Vol. 3. P. 8 ]

Proceedings of the Safety Committee at New Bern.

Committee Ch-^mber, August 2'', 1775.

The following Letter was wrt)te by his Excellency Governor

Martin, to the Honourable Lewis Henry DeRosset, Esq. in answer

to an information given him of his being charged with giving

encouragement to the Slaves to revolt from their masters. As the

138 COLONIAL RECORDS.

substance of this Letter is very alarming, his Excellency therein
publickly avowing the measure of arming the slaves against their
masters, when every other thing to preserve the King's Government
should prove ineffectual, the Committee have ordered the said Letter
to be published as an alarm to the people of this Province against
the horrid and barbarous designs of the enemies, not only to their
internal peace and safety, but to their lives, liberties, properties, and
every other human blessing.

FoiiT Johnston, June 24"' 1775.
Sir,

I beg leave to make you my acknowledgements for your Com-
munication of the false, malicious, and .scandalous report that has
been propagated of me in this part of the Province, of my having
given encouragement to the negroes to revolt against their masters;
and as I persuade myself j'ou kindly intended thereby to give me
an opportunity to refute so infamous a cUarge, I eagerly embrace
this occasion, most solemnly to assure you (hat I never conceived a
thought of that nature. And I will further add my opinion, that
notliing could ever justify the design, falsely imputed to me, of
giving encouragement to the negroes, but the actual and declared
rebellion of the King's subject.s, and the failure of all other means
to maintain the King's (iovernment.

Permit me therefore Sir, to request the favour of you to take the
most effectual means to prevent the circulation of tliis most cruel
slander, and to assure everybody with whom you shall communicate
on this subject, that so far from entertaining so horrid a design, I
shall ever be ready, and heartily disposed to concur in any measures
that may be consistent with prudence, to keep the negroes in order
and subjection, and for the maintenance of peace and good order
throughout the Province.

I am, with great respect Sir your most obedient and liumble
servant JO. MARTIN.

The Hon. Lewis H. DeRossett Es |.

Resolved unanimously. That his Excellency Governor Martin,
by the whole tenour of his conduct since the unhap})y differences
between Great Britain and her Colonies, has manifested himself an
enemy to American liberty, and the rights and blessings of a free
people; and that by Irs many wai.ton exeitions of power as

COLONIAL RECORDS. 138a

(ioveriior of tliis Proviiu-e, liis hostile and dangerous Letters to
the Ministry and General Gage, replete with falsities and misrepre-
sentations of the true state of the Province, he has proved himself
to liold principles abhorrent to tlie rights of humanity, and justl}'
forfeited all coniidence M'ith the people of this Government.

Resolved unanimously. That notwithstanding tlie very great pains
that have been taken by those who call themselves friends to
Government, and their favorable exj^lanations of the emphatical
words between turned commas in the body of the above Letter, to
make them speak a language diflterent from their true import, they
contain, in plain English, and in every construction of language, a
justiticatiuii of the design of encouraging the s'aves to revolt, when
every other means should fail to preserve the King's Government
from open and declared rebellion; and the publick avowal of a
crime of so horrid and truly black a complexion, could only
originate in a soul lost to every sense of the feelings of humanity,
and long hackneyed in tlie detestable and wicked purpose of subju-
gating the.se Colonies to the most abject slavery.

J5y order R. COGDELL, Chairman.

[REPKINTEn FROM THE AMERICAN ARCHlVir S. VOL. 3. P. 6.]

Letter from the Earl of Dartmouth to Lord Dunmore, Governor of

^^irginia.

Whitkhall .Vugust 2'\ 1775.
V.Y Liiiiii:

The hope you held out to us in your letter of the 1" of May that
with a supply of arms and ammunition you should be able to col-
lect from the Lidians negroes and other persons a force sufficient if
not to subdue rebellion at lea.st to defend Government was very
encouraging but I find by your letters delivered to me by Lieuten-
ant ( ollins that you have been obliged from the violence of the times
menaced by one branch of the Legislature and .abandoned l.>v the
other to yield up all the powers of government and to retire your-
.self on board the Foivey. I have the Kings command to send you
His Nhijestys leave to return to England which togetiicr with this
letter and commission to .Mr Corbin to administer Government
dur ng your absence will be delivered to you by Captain Atkins of
His Majestys ship Acleon who goes convoy to tiie Maria store-ship.

1386 COLONIAL RECORDS.

At the same time it is left to your Lordships discretion to use this
leave of absence or not as you shall see occasion for, relying upon
your firmness I have still a hope that with the supply of arms now
sent you and with the assistance of a greater naval force the Kings
Government in Virginia may yet be maintained and should this
happily be the case it will not be necessary that Mr Corbin should
be informed of his Majestys intention in his favour.

I am my Lord &c

DARTMOUTH.

[Reprinted from the American Archives. Vol. o. P. 6.]

Letter from the Earl of Dartmouth to General Gage.

Whitehall, August 2, 1775.
Sir :

It being His Majesty's intention that we should have, if possible,
in North America, early in the next S[)ring, an army of at least
twenty thousand men, exclusive of Canadians and Indians, the
proper steps are now taking for such arrangements as may be neces-
sary to this object; and I have this day signified, His Majesty's com-
mands, that the 4'^ 5'^ T\ 8'^ W\ 14"", 16'", 2■2'■^ 23'^ 2(;'\ io'\ 38'",
40'", 43'^ 44'", 45'", 47'", 49'", 52"", G3'", (U"' and 05'" Regiments be
augmented so that each company shall consist of three Sergeants,
three Corporals, two Drummers, and fifty-six private men, besides
commissioned officers. And tliat each of tlie above mentioned
twenty-two Battalions be augmented witli two companies, each to
consist of one Captain, one Lieutenant, one Ensign, three Sergeants,
three Corporals, two Drummers, and fifty-six j)rivate men.

* * ■{■ "* -x- * -y- -if *

The steps which you say the rebels have taken for calHiig in the
assistance of the Indians, leave no room to hesitate upon the pro-
priety of you pursuing the same measure. For that jniipose I
enclose to you a letter to Col. Johnston, containing His Majesty's
commands for engaging a body of Indians, and shall l>y tlie first
ship-of-war that sails after the Cerberus send you a large assortment
of goods for presents, which you will contrive the means of .safely
conveying to the Colonel.

COLONIAL RECORDS. 139

[From the Court Records of Rowan County.]

NOETH CaROLIXA 1 . . rn -, .

Rowan County, j *

At an Inferior Court of Pleas and Quarter Sessions begun and
held at the Court House in tlie town of Salisbury in and for the
County of Rowan on tlie first Tuesday in August in the year of our
Lord one thousand seven hundred and seventy-five before Alexander
Osborn Esq and his Companions, Justices afsigned to keep the peace
&c. in said County.

Present, Daniel Little Esquire.

Silence being cojamanded his ]\[ajesty's commission of the peace
was publickly read and the following persons, viz: John Oliphant,
"Will: T. Coles and William IVPBride Esquires, named in said Com-
mission, took the oaths prescribed by Law for the qualification of
public officers and an oath of office, and repeated and subscribed
the Test and then proceeded to Business.

* * * * -s- * *

Wednesday Aug' 2"" 1775.

The Worshipful Court met according to adjournment.
Present: John Oliphant, Will. T. Coles, Will. iAI'Bride, E.squires..
Waightstill Avery Esq. is appointed Attorney for the Crown in
the absence of John Dunn Esq'' D. Attorney.

[Reprinted from the American Archives. Vol. 3. P. l-iO.]

Proceedings of the Safety Committee at Xewbern.

Ix Committee, August 5. 1776.

From the late conduct of Governor ?klartin at Fort JohiLston, and
intelligence since received liy this Committee, it appears he intends
erecting a King's Standard, and commencing hostilities against the
people of this Province.

It is, therefore. Resolved, That no person or persons whatsoever,
have'any correspondence with him, either by personal communica-
tion or letter, on pain of being deemed enemies to the liberties of
America, and dealt with accordingly. And that no person or per-
sons presume to remove him or themselves from hence to Core Sound,

.140 COLONIAL RECORDS.

or any other part of the Province where the Governor resides, with-
out leave of this Committee, as he or they will not be suffered to
retui'n here.

Bv order: R. COGDELL, Chairman.

B}^ a gentleman just come to Town from Cape Fear, we have a
certain account that the armed force which lately went down to burn
Fort Johnston, have effected the same by destroying all the houses,
and rendering the Fortress entirely useless. Captain Collet, who
commanded that Fort, it is said had a number of slaves, which he
had instigated to revolt fi'om their masters, actually concealed in the
Fort, which were again recovered by their several owners; for this
treachery they burnt his dwelling-house, with all his furniture, and
everything valuable he had not time to get on board the Man-of-war.

[Reprinted from the American Archives. Vol. 3. Page 40.]

Proceedings of the Safety Committee in Northampton County:

At a meeting of the Committee of the County aforesaid, the 5*
day of August, 1775:

The Rev. j\Ir Charles Edward Taylor, Chairman :

This Committee, taking into their consideration the clandestine
manner of Anthonj'- Warwick's conveying powder from A^irginia
to Hillsborough, and also examining witnesses and papers relative
thereto, do

Resolve, That the said Anthony Warwick has violated the Associa-
tion in a flagrant manner, and showed himself in the highest degree
an enemy to the rights and liberties of America ; and the Committee
do consider him as an object to be held in the utmost detestation by
all lovers of American freedom.

Ordered, That the Clerk of this Committee do transmit a copy of
the above resolve to Dixon and Hunter, to be published in their
Gazette. EATON HAYNES, Clerk to Committee.

COLONIAL RECORDS. 141

[From MS. Records in Office of Secretary of State.]

Proceedinp-s of the Safety Committee at Wilmington.

'&

Tuesday, August S'\ 1 775.

At au occasional meeting of the Committee.

Present: Cornelius Harnett, chairman: Francis Clayton, de2:)uty
chairman; Arch'd Maclaine, James Geekie, John Robeson, John
DuBois, Francis Brice, Wm. Ewins, Samuel Collier, Timothy Blood-
worth, John Hollingsworth, Sampson ]\Ioseley, Thos. Nickson, .John
Campbell, Caleb Grainger, Andrew Ronaldson, Adam Boyd, William
Lillington, P. i\Lallett, James Tate, Samuel Ashe, John Forster, Will-
iam Wilkinson, W° Campbell.

A letter from James Hepburn was received with some others and
read to this Committee wherein he begs to be restored again to the
favor of the public.

Ordered that James Hepburn transmit to this Committee a Depo-
sition certified by a Magistrate, respecting the matters with which
he stands charged, a recantation of his conversation with James
Clardy, and sign the Continental Association.

At an election held this day for additional Delegates for this
town and county, to represent them in General Convention to be
held at Hillsborough on the 2&*' inst: Arch'd McLaine, Esq., for the
town, and W" Hooper, Alex. Lillington and James Moore, Esqs., for
for the county, were duly elected by the Freeholders, as additional
Delegates, with Cornelius Harnett, Esq., for the town, George Moore,
John Ashe and Samuel Ashe, Esq", for the county, chosen on a •
former election, to represent them in the aforesaid Convention.

The Committee then adjourned to the next meeting.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 222.]

Governor Martin's " Fiery " Proclamation.

A Proclamation.
Whereas I have seen a publication in the C'ajie Fear Mercury
which appears to be proceedings of a General Meeting of People

142 COLONIAL RECORDS.

stiling themselves Committees of the District of "Wihnington signed
Richard Quince Sen' Chairman, in which the well known and incon-
testible facts set forth in my Proclamation bearing date the 12"" day
of June last are most daringly and impudently contradicted, and
the basest and most scandalous Seditious and inflammatory false-
hoods are asserted evidently calculated to impose itpon and mislead
the People of this Province and to alienate their affections from His
Majesty and His Government and concluding in the true spirit of
licentiousness and malignity that characterizes the production of
these seditious combinations with a resolve declaring me an Enemy
to the Literests of this Province in particular and America in Gen-
eral an impotent and state device that the malice and falsehood of
these unprincipled censors have suggested, and which is their last
contemptible Artifice, constantly resorted to and employed to cul-
minate and traduce every man, in every rank and station of life,
who opposes their infamous and traite ous proceedings

And whereas b}^ the evil, pernicious and traiterous Councils and
influence of the well known Leaders of these seditious Committees,
a body of men v.-as assembled in Arms in Wilmington on the 16""
or 17"' day of July last, for the purpose as was professed in a letter
signed the People, sent to mo on the night of the IS"" of the same
month, by a certain John Ashe (who presumed insidiously to
employ the more respectable name of the People to cover his own
flagitious Designs) of removing the King's Artillery from Fort John-
ston under the pretence of preserving and securing the same for
the use and service of His Majesty, and iiref'-cing this Declaration
with sundry complaints of violence and misbehaviour on the part
of John Collet Esci" Governor and Cap'° of tlie said Fort Johnston,
many of which it was in my power and it would have been my
Duty to have redressed, if they had been rejiresented to me, which
letter signed the People I thought it proper to answer and to dis-
suade the deluded multitude from involving themselves in the
criminal enterprize of removing the King's Artillery, which had
been dismounted by my authority and not by Cap' Collet as had
been pretended in order to deceive the People into a violence so
dangerous and unwarrantable, and I am to lament that my said
letter in Answer to the People produced no other or better effect than
to prevent their Execution of the criminal intention of removing
the King's Artillery which was all that their letter to me avowed,
and tliat they i)rocoed under the lead of the said Jolni Ashe and other

COLONIAL RECORDS. 143

the evil minded Conspirators against the j^eace and welfare of this
Province, to the said Fort Johnston and wantonly in the dead hour of
night set on fire and reduce to ashes the houses and buildings within
His Majesty's said Fort that had been evacuated and disarmed and
was entirely defenceless, and that they returned the next day and
completed before my face the destruction of the wooden defences of
the Fort to which the fire had not extended, burning the liouses
and desolating everything in the neighbourhood of the place with
a degree of wanton barbarity that would disgrace human nature in
the most savage state and was an overt act of high treason against
His Majesty Avhich justified my immediate vengeance restrained by
pity for the innocent, misguided and deluded people whom I con-
sidered as tlie blind instruments of their atrocious leaders who,
defeated in the still more "fiagitous designs thej' meditated, of which
I have the fullest evidence and already involved in guilt of the
blackest dye themselves it might be presumed urged on the people
to every enormity that might make them appear principles in their
own treason instead of blind Instruments thereof and by extending
the guilt among many screen themselves from the penalties which
they had wantonly incurred, nothing doubting at the same time
that cool and sober reflection would justly turn the resentment and
indignation of the people against the wicked contrivers and pro-
moters of the violences into which they had been betraved to the
disgrace of their country and humanity and that they would expiate
their own guilt by delivering up their leaders to receive the condign
punishments that the Laws inflict on such atrocious offenders, but
havin.g seen v>-ith astonishment a Publication in the Cajje Fear
Mcro'.rij of the 28"' day of the last month in which a set of People
stiling themselves the Committee for the Town of Wilmington and
County of New Hanover have to obviate the just effects tliat I
expected from the return of reason and reflection to the jieople
most falsely, seditiously and traitorously asserted "That Cap' Collet
was under my auspices preparing Fort Johnston for the reception
of a promised Reinforcement which was to be employed in reducing
the good people of this Province to a slavish submission to the will
of a wicked and tyranic Minister, ayd for this diabolical purpose
had collected several abandoned profligates whose crimes had ren-
dered them unworthy of Civil Society," etc., intending by various
false pretences therein set forth to justify the enormities into which
they Iiail plunged the innocent people who I am confident were for

144 COLONIAL RECORDS.

the most part straDgers to all the ostensible motives to the outrages
they were hurried on to commit and which according to the acknowl-
edgement of this despicable seditious meeting had no better founda-
tion than resentment to Captain Collet, an individual whose offences
the Law's power and that Avhich I derive from His Majesty were
competent to correct in a legal way, and seeing that the said Com-
mittee as it is called have artfully by insidious compliments and
flattery and by their contemptible applause of the outrages and
A'iolences perjDetrated in and about Fort Johnston endeavoured
to reconcile the minds of the People to Treason and Rebellion
in order to avert from their own heads the just wrath with
which a due sense of those crimes would naturally inspire the
People against the infamous persons who had baselj^ betraj'ed them
into offences of so heinous and dangerous a nature. And whereas
I have also seen a most infamous publication in the Cape Fear Mer-
cury importing to be resolves of a set of people stiling themselves a
Committee for the County of Mecklenburg most traiterously declar-
ing the entire dissolution of the Laws Government and Constitution
of this country and setting up a system of rule and regulation repug-
nant to the Laws and subversive of His Majesty's Government, and
another i^ublication in the said Cape Fear Mercury of the 14"' of last
month, addressed "To the Committees of the several Towns and
Counties of North Carolina appointed for the purpose of carrying
into execution tlie Resolves of the Continental Congress" bearing
date at Philadelphia June 19"' 1775 signed W" Hooper, Joseph
Hewes, Rich'^ Caswell, the preposterous enormity of which cannot
be adecjuately described and abhor'd it marks the Assembly from
whose Members it comes to be the genuine Source of tliose foul
streams of sedition which through the channels of committees have
overflowed this once happy land, and at this moment threaten it with
every species of misery ruin and destruction. This publication begins
with a recital of the most unparrellelled falsehoods that ever dis-
graced a sheet of paper, witness the infamous misrepresentation of
the affair at Lexington (which must be also wilful) and the notori-
ously false position that Britain cannot support her Navy without
the aid of North Carolina Commodities calculated to gull the people
into a surrender of all the benefits of Commerce to the idle and
absurd Speculations and decrees of the affectedly omnipotent Con-
gress at Philadelphia, it proceeds uiwn these false and infamous
assertions and forgeries to excite the peojile of North Carolina to

COLONIAL RECORDS. 145

usurp tlie prerogative of the Crown ]>y forming a Militia and
aj^pointing officer,-; thereto and finally to take up arms against the
King and His Government, impudently reprehending the people of
this Colony for their inacdvity in Treason and Rebellion and con-
cluding with a most contradictory insidious and nonsensical jargon of
exhortation to the people affronting to and inconsistent with reason
and common sense to exert themselves for the preservation of Britain
to strengthen the hands of Civil Government to preserve the liberty
of the Constitution to look up to the reigning Monarch of Britain as
their lawful and rightful Sovereign and to dare every danger and
difficulty in support of His Majestys Person Crown and dignity
after monstrously in the same breath urging the people to the distress
and ruin of Britain to the subversion of all Civil Government to
open rebellion against the King and His authority, and in the most
pointed Terms prompting them to arms and resistance thus
speciously attempting to reconcile allegiance and revolt and
insidiously inviting the people to actual rebellion under the mark
and guise and profession of Duty and Respect, a shallow conceal-
ment of horrid treason that I have no doubt every honest man will
explode and treat with its merited contempt and abhorrence, while
no man can wonder at the absurdity of this address as it must
invariably attend every like attempt to reconcile things in reason
an'd nature inconsistent. The treasonable proceedings of an infa-
mous Committee at New Bern at the head of a Body of armed
jNIen in seizing and carrying off six pieces of Artillery the property
of the King that lay behind the palace at that place repeated
insults and violences offered to His ^Majesty's Subjects by these
little tyrannical and ai'bitrary Combinations and among others to
some of my own Servants who liave been stopped when employ'd
on mj' business and forcibly detained and searched, the unremitting
assiduity of those engines of sedition to sow discontent and dis-
affection and the base artifices they emploj' to alienate and prejudice
the Minds of His Maj'-" Subjects by confidently and traiterously
propogating the most base scandalous and monstrous falsehoods of
the Kings religious and political principles and of ill designs of
His Majesty's ^linisters daring thus to defame and traduce even
the sacred character of the best of princes whose eminent and
distinguished virtues by universal acknowledgement erradiate with
unexampled lustre his Imperial Diadem, and whose piety and
strict and inviolable regard to the happy Constitution of His King-
VOL. X — 10

146 COLONIAL RECORDS.

doms in Church and State and to the welfare of all His People
stand confessed and admired throughout the world and confound
and reprobate the infamous, traitorous and flagitious falsehoods and
forgeries to which faction hath upon every occasion resorted to prop
and support the most unprincipled and unnatural Rebellion that
was ever excited in any part of the world upon which the light of
Civilization had once dawned. The dangerous illegal and uncon-
stitutional measure to which the People are invited by an Advertise-
ment I have seen signed Sam' Johnston of Electing Delegates to
meet in Convention on the 20* instant at Hillsborough that is sub-
versive of the whole Constitution of this Country, and evidently
calculated to seduce and alienate His Majesty's faithful and loyal
Subjects in the Interior and Western Counties of this Province
whose steadfast duty to their King and Country that hath' hitiierto
resisted all the black artifices of falsehood, Sedition and Treason,
and hath already upon mj^ Representation received the King's
most gracious approbation and acceptance which I am authorized
and have now the" high satisfaction to signify to His Majesty's
faithful Subjects throughout this Province and particularly to those
in the Counties of Dobbs, Cumberland, Anson, Orange, Guilford,
Chatham, Rowan and Surry, who have given me more especial and
public testimonials of their loyalty, fidelity, and duty and to give them
assurance of His ]Majesty's most firm support which I am confidant will
not only confirm the good dispositions of this faithful people and
strengthen them to battle and defeat every effort of sedition and
treason but prompt them also to resist their first approaches by with-
standing the now meditated and insidious attempt of the intended
Provincial Convention, to steal in upon them the spirit and erect
among them the standard of Rebellion under the cloak and pre-
tence of meeting for solemn deliberation on the public welfare. And
I have no doubt that they will convince the traiterous contrivers
and abettors of this Plot of the vainness of their traiterous Devices
to sow sedition and disaffection in that land of loyalty by indignantl}'
spurning from them the said intended Provincial Convention con-
trived for the instruments of their seduction and not suffering its
corrupted breath to pollute the air of their country now the pure
region of good faith and incorruptible loyalty, to whose virtuous
Inhabitants I trust is yet reserved the glorious achievement of crush-
ing unnatural rebellion and delivering their country from lawless
power and wide spreading anarchy of restoring and preserving in it

COLONIAL RECORDS. 147

the free and happy Constitution of Britain with all the train of
envied rights and blessings which belong to that great and admired
sj'stem of true and generous liberty now most alarmingly threatened
with overthrow by rebellious republican and tyrannical factions
throughout America. To the end therefore that the People of this
Province at large may be made acquainted with the enormities, out-
rages and violences and disorders hereinbefore recited which mani-
festly tend to the destruction of their peace and welfare, and to the
utter subversion of his Majestys Government and the Laws and Con-
stitution of this country, and that I may faithfully discharge my
Duty to the King and to Llis Majestj's People of this Province
whose welfare and prosperity have ever been my constant study, and
in order fully to forewarn the people of the Dangers and Calamities
to which the men who have set themselves up for leaders in sedition
and Treason are courting them to support them in their flagitious
enormities or to screen themselves from the penalties to which they
know they are become liable by extending their crimes among num-
bers of their innocent fellow Subjects for whom I have every tender
feeling of pity, compassion and forgiveness, I have thought it
proper to issue this proclamation hereby to exhort His Majesty's
Subjects the People of this Provmce as they tender the invaluable
Rights, Liberties, and privileges of British Subjects that they do
seriously reflect upon and consider the outrages a"nd violences into
which the innocent inhabitants of many parts of this Province
and in the Counties of Duplin, New Hanover, Craven and
Brunswick in jiarticular have been betrayed by the Seditious
Artifices of certain traiterous persons who have presumed to
take the lead among them and to attend to the obvious and
ruinous consecjuences of following the wicked and flagitious
Councils of men wlio intent only upon romantic schemes
and their own mistaken Interests and aggrandizement are cajoling
the People by the most false assertions and insinuations of oppres-
sion on the part of His iNIajesty and His Government to become
Instruments of their base views of establishing themselves in
Tyranny over them treacherously aiming by specious jDretences of
regard to their rights and Liberties that have never been invaded or
intended to be invaded to delude the People to work their own
Destruction in order to gratify for a moment their own lust of power
and lawless ambition that vrould undoubtedly carry them if they
could possibly succeed to reduce the people upon whom they now

148 COLONIAL RECORD.';

call and rely for support iu their criminal Designs to the most
slavish submission to that very arbitrary power to which they would
now climb upon the shoulders and by the assistance of the People.
Let the people best consider coolj^ and dispassionately the cause in
wijich their infamous leaders would engage them they will see it
from the beginning of the discontents in America founded in erro-
neous principles and to this day supported by every art of falsehood
and misrepresentation their best coloured and most sj^ecious Argu-
ments fraught with sophistry and illusion have shrunk back from
the light of truth and vanished confounded before the standard of
right reason. Yet still unabashed the Tools of sedition have impru-
dently and unremitingly imposed falsehood after falsehood upon the
innocent people extravagantly prophaining even the most sacred
name of the Almighty to promote their flagitious purpose of excit-
ing Rebellion until they have shaken the Allegiance and Duty of
great numbers and actually involved some of the People in the
most horrid crimes against their Sovereign and the Laws and Con-
stitution of their Country. And I do hereby most espeiially
admonish His Majestys fixithful Subjects in this Colony, that the
holding what is called a Provincial Convention at Hillsborough in
thejieart of the Province is calculated to extend more widely the
traiterous and rebellious designs of the Enemies of His Majesty
and His Government, and the Constitution of this Province, and
particularly to influence, intimidate and seduce His Majestys Loyal
and Faithful Subjects in that Neighbourhood from their Duty to
their King & Country which they have hitherto so faithfully main-
tained, for the furtherance of which purposes a certain Richard
Caswell, one of the three Persons deputed by a former illegal Con-
vention in this Colony to attend a Congress no less illegal at Phila-
delphia is sent an Emissary from that Assembly that hath so lately
denounced ruin and destruction to America to forward and super-
intend this meeting at Hillsborough and to enflame it with the
fatal example of the Philadelphia Congress, a part which he has
entered upon with the most active zeal after -having often declared
his principles averse to the cause in which he is engaged, thus
exhibiting himself to the world a monstrous engine of double treason
against his own conscience and against His King and Country.
And whereas I consider this a most o;_en and daring attempt to stir
up unnatural Rebellion in this Colony against His Majesty and His
Government,

COLONIAL RECORDS. 149

I do hereby tidvise forewarn and exhort all His Majesty's Subjects
within this Province to forbear making any choice of Delegates to
represent them in the intended Convention at Hillsborough as they
would avoid the guilt of giving sanction to an illegal Assembly
•acting upon principles subversive of the happy Constitution of their
Country and that they do by every means in their power oppose
that dangerous and unconstitutional Assembly and resist its baneful
influence.

And whereas in order to encourage the people to proceed in the Trea-
sons to which thej' have been blindly influenced and misled by the
Persons who have set themselves up for leaders among them, it has
been represented in order to enflame and render the People desperate
that they have offended past forgiveness and that having no mercy
to hope for from the King their better chance is to prosecute their
Treasons to ojaen Rebellion and resistance of His Majesty and His
Government, I think it proper in tenderness and pity to the poor
misguided multitude and to obviate this abominable design of
engaging them more deeply in transgression hereby to offer promise
and to declare to all each and every of them His Majesty's most
gracious pardon for all violences done and committed to the date
hereof on their return to their Duty to the King and obedience
to lawfull Government and renouncing their seditious and treason-
able proceedings and I hereby offer ample reward and encourage-
ment to the People or any of them who shall yield and deliver up
to me the fev\' principal persons who seduced them to the treasonable
outrages hereinbefore recited to be dealt with according to Law.

And whereas, the People in many places have been seduced to
the choice and appointment of Military officers among themselves
which is an usurpation and invasion of His Majestj^'s just and law-
ful prerogative. And whereas no person whatever is entitled to
hold exercise or enjoy any Commission or Authority over the j\Iilitia
of this Colony but such as are Commissioned by His Majesty or His
Governor of this Province. And whereas a certain John Ashe
hereinbefore named who lately resigned to me his Commission of Col-
onel in the Militia of the County of New Hanover has presumed to
influence and conduct a body of armed men of the said County a*ad
other adjacent Counties to the most daring and treasonable outrages
and a certain Robert Howes alias Howe hath also presumed without
Commission from me or any lawfull Authority to take upon himself
the stile and title of Colonel and to advertise and summon the

150 COLONIAL RECORDS.

Militia of tlie County of Brunswick to meet in order to be trained
to Arms, I do hereby forewarn tbe People against any and every
such Election of officers to which they are invited and caution them
against any obedience and regard to any Persons Avho have been
or may be so chosen and appointed hereby declaring every sucl*
Election illegal unconstitutional and null and void to all intents
and purpose. And that the said .John Ashe and Robert Howes
alias Howe before mentioned and both of them and everj' other per-
son and persons who hath or have presumed to array the Militia
and to assemble men in Arms within this Province without my
Commission or Authority have invaded His Majesty's just and Royal
Prerogative and violated the Laws of their Country to which they
will be answerable for the same. And whereas, it is out of doubt
that a majority of the People of this Colony left to follovi' the
impulses of their own hearts and understanding are loyal and faith-
ful Subjects to His Majesty and true and firm friends to the Consti-
tution and Laws of their Country. And whereas, it appears that
the assembling Convention at Hillsborough will bring the Affairs of
this Country to a Crisis which will make it necessary for every man
to assert his principles, I do hereby conjure the good people of this
Province as they tender & regard the blessings of British Subjects
that they do firmly persist and persevere in their Duty and alle-
giance to His Majesty, hereby assuring them in the King's name
and by Llis Majesty's Authority of his firm and determined resolu-
tion to maintain his faithful Subjects in the full and free enjoyment
of all their religious and Civil Rights, Liberties and Privileges and
of His ]\Iajesty's utmost Encouragement to them in the defence and
support thereof against all Enemies, Rebels and traitors whatsoever.
And I do hereljy strictlj^ require and Command all Plis IMajesties
Justices of tbe Peace, Sheriflfs and other officers, and all other His
]\Lajesties liege Subjects to exert themselves in the discovery of all
seditious Treasons and Traiterous Conspiracies, and in bringing to
justice the principals and accomplices therein. And I do further
strictly enjoin them to give all manner of aid, countenance, assist-
ance and protection to all His Majesty's loyal and faithful People,
and all persons are hereby required to take notice and govern them-
selves accordingly.

Given under my hand and the Great Seal of the said Province on
board His Majesty's Sloop Crvir.cr in Cape Fear River, this S"' day

COLONIAL RECORDS. 151

of August Anno Dom: 1775, and in the 15"' year of His Majesty's
Reign. JO. MARTIN.^

By His Excellency's Command:

J. BiGGLESTON, D. S.

God save the King.

[FEOii MS. Records in Office of Secretary of State.]

Proceedings of the Safety Co]nmittee at AVilmiugton.

Wedxesd.vy, Aug. Otli, 1775.

At an occasional meeting of the Committee.

Present : Cornelius Harnett, Chairman ; Archibald Maclaiue, John
Robeson, James Geekie, John For.ster, Adam Boyd, Peter Mallett,
Francis Price, Jno. DuBois, Tim. Bio dworth, Thos. Bloodvrorth,
Henry Toomer, James Blythe, "Wm. Purviance, Jno. Ancrum, Jas.
Tate."

Wliereas, the late Continental Congress, in the fourth article of
their Association for themselves and their constituents, agreed that
the earnest desire thej had, not to injure their fellow subjects in
Great Britain, Ireland and the West Indies, induced them to sus-
pend a non-exportation, until the 10th day of September, 1775; at
which time, if the said acts and parts of acts of the British Parlia-
ment thereinafter mentioned, should not be repealed; they would
not directly or indirectly export any commodity what.soever, to
Great Britain, Ireland or tlie West Indies, except rice to Europe.
And, whereas, information hath been made to the committee, that
several merchants and traders, in the town of Wilmington, under-
stand the said article, in this sense, that is to say, that if any ship
or vessel should, before the said 10th day of Sept., begin to load,
time and liberty would be allowed to complete the loading, at any
time, however extended, after the said 10th day of September,
which would be a flagrant infraction of the said Association.

Resolved, therefore, That no ship or vessel, on auj' pretence what-
ever, shall take on 'board any merchandises or commodities from
and after the 10th day of September next; nor shall any person or
persons presume to ship any goods, wai'es, or merchandises, on board
of any ship or vessel, from and after the said 10th day of Septem-
ber, on pain of the displeasure of the public.

152 COLONIAL RECORDS.

[Reprinted from the American Akchites. Vol. 3. Page 75.]

Proceedings of the Safety Committee at Xewbern.

Committee Chamber, Newberx,

August 10'" 1775.

The following Letters'*' have fallen into the hands of this Com-
mittee. Their alarming tendency sufficiently apologizes for their
publication. As Governor Martin stands singl}-, as a Provincial
Governor, in his unremitting ardour to commence hostilities against
this Province, are ministerial orders to him different or his officious
zeal to injure the people of his Government prompted by any
malevolent principles?

[B. P. R. O. Am. & W. IND. Vol. -J-ii.]

Extracts from the Cape Fear Mercury of 11'" August, 1775.

About three weeks ago Governor IMartin called a Council, but a
few days prior to their meeting, he wrote a letter to the hou"'' jNP Dry,
.susjDended him from that Board, without giving him the least
opportunity for justifying himself.

We are told this suspension was occasioned by M' Dry maintain-
ing his usual connections and intercourse with some of his friends,
who have declared in favour of American Liberty. A suspension
of this sort will be deemed by all good men, much more honour-
able than an appointment to the Council.

At an election of Delegates on the eighth inst. for the Town of
Wilmington and the County of New-Hanover on the recommen-
dation of Samuel Johnston Escp, moderator, Archibald ^Maclaine
Esr| for the town, William Hooper, .James Moore and Alexander
Lillington Escf' for the County, were chosen additional Delegates to
represent this Town and County in general Convention to be held
at Hillsborough on the 20"" instant, with Cornelius Harnett Esc^.

*For the intercepted letter .see ante page 10. — Editor.

COLONIAL RECORDS. 153

for the town, and George Moore, John Ashe and Samuel Ashe
Esq"' chosen at a former Election for the Count}-.

The Rev"* M' Reed of Newbern, refused to preach on the general
fast day, tho' particularly applied to for that purpose, winch so
offended his parishioners, that we hear, they have dismissed him
from his parochial charge there.

Letter from General Lee, to General Burgoyne upon his arrival in
Boston.

Philadelphia, .June 7* 1775.
My Dear Sie,

We have had twent}^ .different accounts of your arrival in Bos-
ton, which have been as regularly contradicted the next morning;
but as I now find it certain that j'ou are arrived, I shall not delay a
single instant addressing mj-self to you. It is a duty I owe to the
friendship I have long and sincerely professed to you: a friendship
to which you have the strongest claims from the first moments of
our acciuaintance. . There is no man from whom I have received
so many testimonies of esteem and affection; there is no man
whose esteem and affection could, in my opinion, have done me
greater honour. I entreat and conjure you therefore, my dear Sir,
to impute these lines not to a petulent itch of .scribbling, but to the
most unfeigned solicitude for the future tranquility of your mind,
and for your reputation. I sincerely lament the inftituation of the
times, when men of such a stamp as M" Burgoyne and M' Howe
can be induced into so impious and nefarious a service by the
artifice of a wicked and insidious court and Cabinet. You, Sir,
must be sensible that these epithets are not -unjustly severe. You
have yourself experienced the wickedness and treachery of this
Court and Cabinet.

You cannot but recollect their manoeuvres in your own select
Committee, and the treatment yourself, as President, received from
these abandoned men. You cannot but recollect the black business
of S' A^incent, by an opposition to which you acquired the highest
and most deserved honour. I shall not trouble you with my opin-
ion of the right of taxing America without her ovv-n consent, as I am
afraid, from what I have seen of your .speeches, that you have ali'eady
formed your creed upon tins Article; but I will boldly affirm, had

154 COLONIAL RECORDS.

this right been established by a thousand statutes, had America
admitted it from time immemorial, it would be the duty of every
good Englishman to exert his utmost to divest Parliament of this
right, as it must inevitably work the destruction of the whole
Empire. The malady under which the State labors is iudisjiutably
derived from the inadequate representation of the subject, and the
vast pecuniary influence of the Crown. To add to this pecuniary
influence and incompetency of representation, is to insure and pre-
cipitate our destruction. To wish any addition can scarcel}' enter
the heart of a citizen who has the least spark of public virtue,
and who is, at the same time, capable of seeing consequences the
most immediate. I appeal, Sir, to your own conscience, to your
experience and knowledge of our Court and Parliament; and I.
request j'ou to lay your hand upon your heart, and then answer
with your usual integrity and frankness, whether, on the suppo.sition
America should be abject enough to submit to the terms imposed,
you think a single guinea raised upon her would be applied to the
purpose, as it is ostentatiously held out to deceive the People at
home, of easing the jMotlier Country? or whether you are' not con-
vinced, that the whole they could extract would be applied solely to
heap up still further the enormous fund for corruption, which the
Crown already possesses, and of which a most diabolical use is made.
On these jirinciples I saj', Sir, every good Englishman, abstracted
of all regard for America, must oppose her being taxed bj' the Brit-
ish Parliament; for my part I am convinced that no argument, not
totally abhorrent from the spirit of liberty and the British Constitu-
tion, can be produced in sup^iort of this right. But it would be
imjiertincnt to trouble you upon a subject which has been so amply, ^
and, in my opinion, so fully discussed. I find a speech given as
yours in the public papers, that it was by the King's 'i:>o.sitive com-
mand you embarked in this service. I am somewhat pileased that
it is not an office of your own seeking, though, at the same time, I
must confess, that it is very alarming to every virtuous citizen, Avhen
he sees men of sense and integrity, because of a certain profession,
lay it down as a rule, implicitly to obey the mandates of a court be
they ever so flagitious. It furnishes, in my opinion, the best argu-
ments for the total reduction of the army. But I am running into
a tedious essay, whereas I ought to confine myself to the main
design and purpose of this letter, which is to guard you and your
Colleagues, from those prejudices, wliich the same miscreants, who

COLONIAL RECORDS. 155

have infatuated General Gage and still surround him, will labour to
instil into j-ou against a brave, loyal and most deserving people.
The avenues of truth will be shut u\) to you. I assert Sir, that even
General Gage will deceive you as he has deceived himself; I do not
saj^ he will do it designedly. I do not think him capable but his
mind is totally poisoned, and his understanding so totally blinded
by the society of fools and knaves that he no longer is capable of
discerning facts as manifest as the noonday sun. I assert Sir, that
he is ignorant, that he has been from the beginning consummately
ignorant of the jirinciples, temper, disposition and force of the Colo-
nies. I assert Sir, that his letters to the ministry, at least such as the
public have seen, are one continued tissue of misrepresentation,
injustice and tortured inferences from misstated facts. I affirm. Sir,
that he has taken no pains to inform himself of the truth; that he
has never conversed with a man who has had the courage or
honesty to tell him the truth. I am apprehensive that you and
your Colleagues may fall into the same trap, and it is the
apprehension that you may be inconsiderately hurried, by the
vigour and activity you possess, into measures which may be
fatal to many innocent ilidividuals, may hereafter wound your
own feelings and which cannot possibly serve the cause of those who
sent you, that has prompted me to address these lines to you. I
most devotedly wish that your industry, valour, and military talents,
may be reserved for a more honourable and virtuous service against
the natural enemies of your Country, to whom our court are so
basely complacent, and not be wasted in ineffectual attempts to
reduce to the wretchedcst state of servitude, the most meritorious
part of your fellow subjects. I say Sir, that any attempts to accom-
plish this purpose must be ineffectual. You cannot possibly succeed.
No man is better acquainted with the state of this continent than
myself. I have ran through almost the whole Colonies, from the
North to the South, and from the South to the North. I have con-
versed with all Orders of men, froni the first estated Gentleman to
the lowest Planters and Farmers, and can assure you that the same
spii'it animates the whole.

Not less than an hundred and fifty thousand gentlemen, yeomen
and farmers are now in arms, determined to preserve their liberties
or perish. As to the idea that the Americans are deficient in cour-
age, it is too ridiculous and glaringly false to deserve a serious
refutation. I never could conceive upon what this notion was

loG COLONIAL RECORDS

founded. I served several campaio-ns in America the last war and
cannot recollect a single instance of ill beliaviour in the Provin-
cials, where the Regulars acquitted themselves well. Indeed we
well remember some instances of the reverse, particularly where the
late Colonel Grant, he who lately pledged himself for the general
cowardice of America, ran away with a large body of his own regi-
ment, and was saved from destruction, by the valour of a few Yir-
ginians. Such preposterous arguments are only proper for the
Rigbys and Sandwichs, from whose mouths never issued, and to
whose breasts truth and decency are utter strangers. You will
much oblige me in communicating this letter to General Howe, to
whom I could wish it should be considered in some measure
addressed as well as to yourself. M' Howe is a man for whom I
have ever had the highest love and reverence. I have honoured
him for his own connections, but above all for his admii'able talents
and good equalities. I have courted his acquaintance and friendship
not only as a pleasure but as an ornament; I flatter myself that I
had obtained it. Gracious God ! Is it possible that M' Howe should
be prevailed upon to accept such an Office! That the brother of
him to whose memory the much injured people of Boston, erected a
monument should be employed as one of the instruments of their
destruction. But the fashion of the times it seems is such, as ren-
ders it impossible he should avoid it.

The commands of our most gracious Sovereign are to cancel all
moral obligations, to sanctify every action, even those that the satrap
of an Eastern despot would start at. I shall now beg leave to say a
few words with respect to myself and the part I act. I was bred up
from my infoncy with the highest veneration for the liberties of
mankind in general. What I have seen of Courts & Princes con-
vinces me that Power cannot be lodged in worse hands than in
theirs ; and of all Courts I am persuaded that ours is the most cor-
rupt, and hostile to the rights of humanity. I am convinced that
a regular plan has been laid, indeed every act since the present
accession evinces it, to abolish even the shadow of liberty from
amongst us. It was not the demolition of the tea, it was not any
other particular Act of the Bostonians, or of the other provinces
which constituted their crimes. But it is the noble spirit of liberty
manifestly pervading the whole continent, which has rendered them
the objects of Ministerial and Royal vengeance. Had they been
notoriously of another disposition, had they been Jtominesad scrvitn-

COLONIAL RECORDS. 157

duicm parcdi, they might have made as free with the proijerty of the
East India Company as the felonious Nortli himself with impunity.
But the Lords of S' Tames's and their mercenaries of S' Stephen's,
well know, that as long as the free spirit of this great Continent
remains unsubdued, the progress they can make in their schemes of
universal despotism will be but trifling. Hence it is that they wage
inexpiable war against America. In short this is the last asylum of
persecuted liberty. Here should the machinations and furj- of
her enemies prevail, that bright Goddess must fly off the face of the
earth and leave not a trace behind. These, Sir, are my principles;
this is mj^ persuasion and consequentially I am determined to act.

I have now, Sir, onh' to entreat that whatever measures j'ou pur-
sue, whether those which your real friends, myself amongst them,
would wish, or unfortunately those which our accursed misrulers
shall dictate, you will still believe me to be personally, with the
greatest sincerity and affection Yours, &c.,

CHARLES LEE.

[From MS. Records ix Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Friday August 11, 1775.

At an occasional meeting of the Committee.

Present: Cornelius Harnett, Chairman; Adam Boyd, Thomas
Devane, Timothy Bloodworth, W" Campbell, John Forster, James
Geekie, John DuBois, William Wilkin,son, Francis Brice, James
Blythe, John Ancrum.

On application made by John Giftard, from the Committee of
Wake for a supply of Gunpowder.

Ordered, that the Committee of Intelligence write to tlie Commit-
tee of Wake, and acquaint them of our inalnlity to supply them
with Gunpowder at this time: that whenever we liave any to sj^are
they may depend on our assistance.

Whereas, this Committee has transmitted to the Committee of
Cumberland, sundry papers that were thought necessary to • be
kept secret, and at the same time inclosed with them the opinion of
this Committee and the Oath of Secrecy, which this Committee have

158 COLONIAL RECORDS.

reason to believe they have neglected, by which means the contents
of the said papers have transpired.

Resolved, therefore, that this Committee cannot for the future
transmit to the Committee of Cumberland, any papers of a secret
nature, untill we are satisfied that the Oath of Secrecy has been
taken by that Committee of Intelligence. Write to them accordingly.

Resolved, That Messrs. John Robeson, W" Campbell and W""
Wilkinson, be appointed to collect and take into their possession all
carriage guns and swivels, whether the property of the public or of
private persons, for which they are to give such sufficient receipts as
are necessary.

[Reprinted from American Archives. Vol. 3. Page 100.]

Proceedings of the Safety Committee at New Bern.

Newbekn August 14"", 1775.

Wher. as, all those who have wot subscribed tlie Articles of
Association, have sufficiently testified to the publick that they are
enemies to the liberties of America ; and as the principles of self-
preservation make it absolutely necessary that they should be
deprived of their Arms, therefore, it is

Ordered, That the Captains of the several Companies in this
County and Town require of all such suspected persons as well
their Fire-Arms as Swords, Cutlasses &c. &e., and all Gun jiowder.
Lead and other Military Stores; and that the said several Captains
be empowered to give receipts for all such Guns &c. &c. and deliver
them out to such persons of his or their Company not having Arms
&c. &c. as may be willing to serve in the American Cause.

By order: R. COGDELL, Chairman.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Thursday, August 17"', 1775.
At an occasional meeting of the Committee.

Present: Francis Clayton, Deputy Chairman; Wm. Campbell,
John DuBois, Henry Toomer, Caleb Grainger, John Forster, AVm.

COLONIAL RECORDS. 159

"Wilkinson, \Ym. Ewins, James Blythe, Sam'l }Jarshall, James Tate,
Wm. Piirviance, John Ancrum, Peter Mallett, Fran's Bricc, Andw.
Ronaldson.

On intelligence from Richard Quince, Esq., concerning a quantity
of gunpowder being sold by a negro in this town; on examination
of the parties it appears that one Peter Brown must have been privy
to tliis aftair; and that a negro called Nicholas was the negro who
sold the powder.

Resolved, That the said Peter Brown shall give security for his
appearance when called on by this Committee, when he produced
William jNIiller and Thos. Brown as his securities; and the said
Peter Brown became bound for his apjjearance in the penal sum of
£50, and each of his securities in the sum of £25 proc. money, to
be forfeited on failure of the said Brown's appearance, when called
upon by this Committee.

Resolved, That the said negro (Nicholas) be sent to Gaol till the
exaniination of Sparrow.

Thursday Afternoon.

At an occasional meeting of the Committee.

Present: Francis Clayton, deputy chairman; Will. Campbell, Jno.
DuBois, Henry Toomer, Caleb Grainger, John Forster, Will. Wilkin-
son, Wra. Ewins, James Blythe, Samuel Marshall, James Tate, Will.
Purviance, John Ancrum, Peter Mallett, Francis Brice,' Andrew
Ronaldson.

A letter was produced from Richard Quince, intimating some
alarming information made in Brunswick, relative to the Governor's
wicked intentions.

Resolved, that Mr. J. Ancrum and ]\lr. J. DuBois wait on the
Committee at Brunswick, to procure a certain account of that infor-
mation, that proves satisfactory to this Committee; that a letter be
wrote to the Brunswick Committee, informing them that Mr. Ancrum
and Mr. DuBois were sent to get the account or information on oath,
till which was done, this Committee could not comply with the
request of sending down men for the protection and safety of the
inhabitants of Brunswick, as the intelligence from thence was so
imperfect that it was impossible to act with propriety.

The Committee then adjourned.

160 COLONIAL RECORD?.

Friday Mokxixg, Aug. 1S'^ 17:5.

At au occasional meeting of the Committee.

Present: Francis Clayton, Deputy Chairman; Wm. Purviance,
.James Tate, Thomas Bloodworth, .James Blythe, And'w Ronaldson,
Timothy Bloodworth, Jno. Robeson, Wm. Ewins, Wm. Wilkinson,
John Forster, Wm. Campbell, James Walker, Peter Mallett, Fran's
Brice, Caleb Grainger, Henry Toomer.

Several letters were received, that had been taken from an express,
sent by his Excellency to the back country with dispatches ; those
of any importance were taken to the Congress by Col. James Moore.

A letter was read from the Governor to Dr. Cobham, desiring he
would send down some particular medicines.

Resolved. That Dr. Cobham be desired not to send the medicines,
which he readily agreed to on being called into Committee.

Mv. Samuel Campbell waited on this Committee, and produced an
instrument of writing, styled by the Governor a Proclamation : the
said piece was read by Fran's Clayton; after which, it was ordered
to be kept in the possession of this Committee.

The committee then adjourned.

Fridaj' Afternoon, 3 o'clock.

At an occasional meeting of the Committee.

Present: Francis Clayton, deputy chairman; Will. Purviance,
Jas. Tate, Thos. Bloodworth, James Blythe, And. Ronaldson, Tim.
Bloodworth, John Robeson, Wm. Ewins, John DuBois, Will. Wil-
kinson, John Forster, Wm. Campbell, James Walker, Peter jShillett,
Frances Brice, Caleb Grainger, Henry Toomer, John Ancrum.

On motion. Ordered, that Lt. Col. Cotton be sent for, and escorted
here by a Guard for that purpose — who attended accordingly.

After his examination, he was remandoil to confinement.

Mr. Williams, sen., was then ordered in and attended — passed
examination, and remanded back to confinement.

On motion. Ordered, that Mr. Clayton write to Bladen a letter of
thanks to that Committee for apprehending the above men.

The Committee adjourned till 9 o'clock tomorrow morning.

S.VTUKDAY Mokxixg, 9 o'clock, 19'" August, 1775.

The committee met according to adjournment.
Present: Francis Clayton, Deputy Gliairman: John Forster, Peter
Mallett, A. Ronaldson, .James Blythe, Tim. Bloodworth, Thos. Blood-

COLONIAL RECORDS. 161

worth, John Ancrum, "Wm. Campbell, John DuBois, Wm. Ewins,
Jno. Robeson, Fran's Brice, James Walker, Wm. Wilkinson, Henry
Toomer.

Mr. Cotton, Mr. Sam'l "Williams, and his son Jacob Williams,
being ordered before this committee; they all, and voluntarily, of
their own accord, signed the Association entered into by the inhab-
itants of this county; and readily took an Oath drawn -up by the
deputy chairman.

The said James Cotton, Sam'l and Jacob Williams, very cheer-
fully consented to go to the Congress, to be held at Hillsboro' on
the 21st inst., there to pass whatever examination may be thought
proper bj' the said Congress.

Ordered, That they be attended by a few gentlemen who are going
to Hillsborough ; and that the deputy chairman write to the Con-
gress, giving an account of these men, since they were taken in
Bladen County.

Captain Thomas Fitch appeared before the committee, and swore
on the Holy Evangelists of Almighty God, that the cargo he had
on board the schooner Swallow, was not intended, nor should not be
landed at any Port, except in some of the West India Islands; and
that he is to proceed to Hispaniola, and from thence to Jamaica.
Ordered, that the certificate produced by Captain Fitch, from
Humphrey and Jewkes, be filed among the committee papers.

Saturday Evening, S o'clock.

At an occasional meeting of the committee.

Present: Francis Clayton, Deputy Chairman; Wm. Wilkinson,
James Blythe, Wm. Ewins, Llenry Toomer, Jno. DuBois, Jno.
Forster, Fran's Brice, AVilliam Campbell, John Ancrum, Peter
Mallett.

Ordered, That Mr. Cotton, and the two Williamses be allowed to
go up to the Convention b}' the way of >^ Creek. *

The committee then adjourned.

[From MS. Records in Office of Secret.\ry of State.]

Proceedings of the Safety Committee in Tryon County. •

Met according to adjournment. [14 August, 1775.]
Present: .John Walker, Chairman; Thos. Beatey, David .Jenkins,
VOL. X — 11

162 COLONIAL RECORDS.

Jacob Forney, Thomas Espe}', A'^alentine Mauney, James Coburn,
Robert Alexander, Joseph Harden, Benjamin Harden, Frederick
Hambright, James Logan,'Andrew Hampton, John Morris, Charles
ArLean, John Robinson, William Graham, James M°Afee, George
Paris, John Beeman, George Black, Andrew Neel, James Baird and
David Whitesides, wlio took the necessary Oaths for their Qnalifica-
tion.

Andrew Neel was duly elected Clerk of the Committee.

Resolved, That Col. Charles M°Lean serve as Deputy Chairman
in the absence of Col. Walker.

Resolved, That each Company elect three members of Committee
for this County who on a Debate, are each man to have his vote.

Resolved, That this Association be signed by the Inhabitants of

Tryon County, [viz] :

An Association.

The uniirecedented, barbarous and bloody actions committed by
the British Troops on our American Brethren near Boston on tlie
19* of April & 20"' of May last, together with the Hostile operations
& Traiterous Designs now Cari'ying on by the Tools of Ministerial
Vengeance & Despotism for the Subjugating all British America,
suggest to us the painful necessity of having recourse to Arms for
the preservation of those Rights & Liberties which the principles of
our Constitution and the Laws of God, Nature, and Nations have
made it our duty to defend.

We therefore, the Subscribers Freeholders & Inhabitants of Tryon
County, do hereby faithfully unite ourselves under the most sacred
ties of Religion, Honor & Love to Our Country, firml}^ to Resist
force by force in defence of our Natural Freedom & C onstitutional
Rights against all Invasions, & at the same time do solemnly engage
to take up Arms and Risque our lives and fortunes in maintaining
the Freedom of jjur Country, whenever the Wisdom & Council of
the Continental Congress or our Provincial Convention shall Declare
it necessary, & this Engagement we will continue in and hold sacred
'till a Reconciliation shall take place between Great Britain and
America on Constitutional principles whicli we most ardently desire.
And we do firmly agree to hold all sucli persons Inimical to the
liberties of America, who shall refuse to subscribe to this Association.

Signed by
John Walker Jacob Forney Peter Sides

Charles McLean Davis Whiteside William Wliiteside

COLONIAL RECORDS.

163

Andrew Neel
Thomas Beatty
James Coburn
Frederick Hambright
Andrew Hampton
Benjamin Hardin
George Paris
William Graham
Robt. Alexander
David Jenkins
Thomas Espey
Perrygreen Mackness
James McAfee
William Thomson

John Beeman
John Morris
Joseph Harden
John Robison
Valentine Mauny
George Black
Jas. Logan
Jas. Baird.
Christian Carpinter
Abel Beatty
Joab Turner
Jonathan Price
Jas. Miller
John Dellinger

Geo. Dellinger
Samuel Barbender
Jacob Moony, Jun
John Wells "
Jacob Cortner
Robert Hulclip
James Buchanan
Moses Moore
Joseph Kuykeudall
Adam Simms
Richard Waffer
Samuel Smith
Joseph Neel
Samuel Loftree

Resolved ncm. con. That we will Continue to profess all Loyalty and
attachment to our Sovereign Lord King George the Third, His
Crown & Dignity, so long as he secures to us those Rights and
Liberties which the principles of Our Constitution require.

Resolved, and we do Impower every Captain or other Officer in
their Respective Companies to raise sufficient force in order to detain
and secure all powder and Lead that may be removing or about to
be Removed out of the County; and that they do prevent any of
such powder and Lead from being sold or disposed of for private
uses; but to be under the direction of this Committee until the
Delegates shall return from the provincial Convention; Provided
nevertheless that this Resolution is not meant to hinder any jsersons
Inhabitants of other County's from Carrying powder and Lead
tlirough this County to their respective abodes unless there is just
Cause to suspect that they Intend such Powder and Lead for Inju-
rious purposes; then and in such case notice is jio be given to the
Committee of the County in which such per.son resides, that they
make such order thereon as to them shall seem proper.

Resolved, that Mr Daniel M^Kissick do make application to the
Council of Safety of Charles Town for 500 weight Gun powder 600
weiglit Lead, and 600 Gun Flints to be distributed under the direc-
tion of this Committee when it shall be judged necessary.

Resolved, That we do Recommend to the Captains of the Several
Companies in this Regiment to call together their men in order to
collect wliat money they can conveniently to provide powder and

164 COLONIAL RECORDS.

Lead, And that they make due return of what money is received
to the Committee at next meeting.

Resolved, That this Committee meet at the Court House of this
County on the 14"' Day of September next there to Deliberate on
such matters as shall be Recommended by Our Provincial Con-
vention.

Signed by JOHN WALKER, Chairman.

THE JOURNAL OF THE PROCEEDINGS OF THE PROVIN-
CIAL CONGRESS OF NORTH CAROLINA, HELD xiT
HILLSBOROUGH 20th AUGUST, A. D. 1775.

NoKTH Carolina,

Pursuant to a Resolve of the late Convention, Mr Samuel John-
ston summoned a meeting of the delegates at Hillsborough on the
20"' day of August, 1775, at which time the members from a majority
of the Counties and Towns not appearing he adjourned the Con-
gress till to-morrow morning 10 "Clock

Monday August 21" 1775.

At a General meeting of Delegates of the Inhabitants of this
Province, at liillsborough the twenty first day of August A. Dom.
1775 aforesaid

For Anson County — Thomas Wade, Samuel Spencer, William
Thomas, David Love, William Picket.

Beaufort — Roger Ormond, Thomas Respess, Jr., John Patten,
John Cooper.

Bladen — William Salter, Walter Gibson, Thomas Owen, Thomas
Robinson, Jun', Nathaniel Richardson.

Bertie — William Graj', Jonathan Jaycocks, Charles Jaycocks,
William Brimage, William Bryan, Zedekiah Stone, Thomas Ballard,
Peter Clifton, David Standley, John Campbell, Jolm Johnston.

Brunswick — Robert Howe, Robert Ellis, Parker (Quince, Thomas
Allon, Roger Moore.

Bute — Green Hill, William Person, Thomas Eaton, Rev'' Henry
Patillo, Jethro Sumner, Josiah Reddick.

Craven — James Coor, William Bryan, Richard Cogdell, Joseph
Leech, Jacob Blount, Edmond Hatch.

COLONIAL RECORDS. 165

Carteret — John Easton, William Thomson, Brice Williams, Solo-
mon Sheppard, Enoch Ward.

Currituck — Thomas Jarvis, Gidion Lamb, James Ryan, James
White, Solomon Perkins.

Chowan — Samuel Johnston, Thomas Jones, Thomas Benbury,
James Blount, Thomas Hunter, Josiah Granbery.

Cumberland — Farcjuard Campbell, Thomas Rutherford, Alexan-
der M°Kay, Alexander M°Ahster, David Smith.

Chatham — Elisha Cain, Richard Kennon, Matthew Jones, Jedu-
than Harper, John Birdsong, Ambrose Ramsey, Joshua Rosser,
Robert Rutherford, John Thompson, William Clark.

Duplin — James Kenan, William Dickson, Thomas Graj"-, Richard
Clinton, Thomas Hicks.

Dobbs — Richard Caswell, Simon Bright, James Glasgow, Abra-
ham Sheppard, Spyers Singleton, George Miller, Andrew Bass.

Edgcombe — Robert Bignal, Henry Irwin, Duncan Lamon,
Thomas Hunter, Tho' Harminson Hall.

Granville — Thomas Person, John Penn, John Williams, John
Taylor, Memucan Hunt.

Guilford — Alexander Martin, Ransom Southerland, James Park
Farley, Thomas Henderson, William Dent, George Cortner, Nathan-
iel Williams.

Hyde — Joseph Hancock, John Jordan.

Hertford — William Murfree, Lawrence Baker, Matthias Brickie,
Day Ridley, George Wynns.

Llalifax — Nicholas Long, James Hogan, David Sumner, Jolin
Wel^b, John GJeddy.

Johnston — Benjamin Williams, Samuel Smith, Needham Bryan,
William Bryan, John Smith.

]\Iecklenburg — Thomas Polk, John Phifer, Waightstill Avery,
Samuel Martin, James Houston, John i\IcNitt Alexander.

Martin — Kenneth INIcKinzie, Whitmill Hill, John Everit, Wil-
liam Slade, Jolin Stuart, William Williams.

New Hanover — George Moore, Alexander Lillington, Samuel
Ashe, William Hooper, James Moore, John Ashe.

Northampton — Jeptha Atherton, Allen .Jones, Howell Edmunds,
Drewry Gee, Samuel Lockhart.

Onslow — Isaac Guion, Henry Rhodes, Edward Stark ey, John
Spicer, John King.

COLONIAL RECORDS.

Orange — Thomas Bourk, John Kinchen, Thomas Hart, John
Atkinson, John WilUams.

Perqnimons — Benjamin Harvey, Andrew Knox, Miles Harvey,
Thomas Harvey, William Skinner.

Pasquotank — JosejDh Jones,. Thomas Boyd, Devotion Davis,
Edward Everigin, Demsej^ Burgess.

Pitt — John Simpson, Robert Salter, William Bryan, James Gor-
ham, James Latham.

Rowan — Matthew Locke, James Smith, Moses Winslow, Samuel
Young, William Kennon, William Sharpe, Robei't Lanier.

Surry — Joseph Williams, William Hill, Martin Armstrong,
Joseph Winston.

Tyrrell — Joseph Spruill, Jeremiah Frazier, Peter Wynne, Stevens
Lee, Thomas Hoskins.

Tryon — John Walker, Robert Alexander, Joseph Hardin, Will-
iam Graham, Frederick Hambright, William Kennon.

Wake — Joel Lane, John Hinton, Theophilus Hunter, Michael
Rodgers, Tignal Jones, John Rand, Thomas Hines.

Bath Town — William Brown.

Edenton — Joseph Hewes, Jasper Charlton.

New Bern — Abner Nash, James Davis, William Tisdale, Richard '
Ellis

Wilmington — Cornelius Plarnett, Archibald Maclaine.

Brunswick — Maurice Moore.

Halifax — Willie Jones, Francis Nash.

Hillsborough — William Armstrong, Nathaniel Rochester.

Salisbury — Hugh Montgomery, Robert Rowan.

Campbelton — James Hepburn.

The respective Counties and Towns having certified that the pre-
ceeding Persons wei'e duly elected Delegates to represent the said
Counties and Towns in General Congress, to be held at Hillsborough
the 20"" day of August instant, pursuant to which the following
Persons appeared, to wit,

Thomas Respess Roger Moore Jacob Blount

John Patten Green Hill John Easton

William Gray William Persons Brice Williams

Charles Jaycocks Robert Alexander Solomon Shepherd

William Bryan William Graham Enoch AVard

Zedekiah Stone Frederick Hambright Samuel Johnston

COLONIAL RECORDS.

167

John Johnston
Robert Howe
John Jordan
Lawrence Baker
Mattiiias Brickie
Alexander Martin
Thomas Henderson
Nathaniel Williams
Joseph Hancock
AVilliam Sharp
Robert Lanier
Joseph AVilliams
Nicholas Long-
James Hogan
Thomas Eaton
Henr}' Patillo
Jethro Snamner
Kenneth j\rKinzie
Whitmill Hill
William Williams
George Moore
Alexander Lillington
Samuel Ashe
William Hooper
James Moore
John Ashe
Allen Jones
Isaac Guion
James Gorham
James Latham
iMatthew Locke
James Smith
Moses Winslow
Samuel Young
William Kennon
Robert Ellis
Parker Quince
Thomas Allou
Day Ridley
John Walker

William Kennon
Josiah Reddick
James Coor
AVilliam Bryan
Richard Cogdell
Richard Ellis
Cornelius Harnett
Archibald Maclaine
Thomas Benbury
James Blount
James Kenan
William Dickson
Thomas Gray
Richard Clintoii
Thomas Hicks
Richard Caswell
Simon Bright
James Glasgow
Abraham Shejjpard
Spyers Singleton
Robert Bignal
Duncan Lam on
AVilliam Bryan
Josiah Granberry
John AVebb
John Geddy
John Atkinson
AVilliam Salter
AValter Gibson
Thomas Owen
Thomas Roberson J"
Nathaniel Richardson
Thomas AVade
Samuel Spencer
David Love
AVilliam Picket
Elisha Cain
Richard Kennon
Matthew Jones
Ambrose Ramsey

Thomas Jones
Thomas Person
John Penn
John Taylor
Memucan Hunt
Thomas Hart
John AVilliams
Benjamin Harvey
Andrew Knox
Miles Harvey
Thomas Harvey
AVilliam Skinner
John Simpson
Robert Salter
Drewry Gee
Howell Edmunds
Samuel Lockhart
Jeremiah Frasier
Joseph Spruill
Peter AA^ynne
Robert Rowan
James Hepburn
Thomas Rutherford
Alexander MMlister
Farcjuard Campbell
Alexander MTvay
Joseph Jones
Demsej' Burgess
John Thomjison
Samuel Martin
James Houston
James H. Hall
AVilHam Hill
Jasper Ciiarlton
Joseph Leech
Maurice Moore
AA^illie Jones
Francis Nash
AVilliam Armstrong
Nath' Rochester

168

COLONIAL RECORDS.

Joseph Hardin
David Sumner
Beujamin Williams
William Bryan
John Smith
Joel Lane
John Hinton
John Rand
William Brown
Joseph Hewes
James Davis
William Tisdale
Michael Rogers
Tignal Jones
John CoojDer
Needham Bryan

Robert Rutherford
William Clark
Theophilus Hunter
Thomas Polk
Thomas Boyd
Devotion Davis
Edward Everigin
Henry Rhodes
Edward Starkey
Thomas Burke
John King
John Kinchen
Gideon Lamb
Waightstill Avery
Martin Armstrong

Hugh Montgomery
David Smith
John Williams
Henry Irwin
Thomas Hines
John Phifer
Jno. M^Nitt Alexander
James White
Ransom Sutherland
Jas. Park Farley
William Dent
George Cortner
Joshua Rosser
Joseph Winston
John Birdsong

Col" Richard Caswell proposed for president Samuel Johnston,
Escjuire ; who was unanimously chosen President, and Mi'. Andrew
Knox was appointed Secretary, and Mr. James Glasgow an assistant,
Francis Lynaugh and Evan Swann, Doorkeepers, during the con-
tinuance of the Congress.

Resolved, That Col° Francis Nash wait on the Rev"* George
Micklejohn, and request him to attend and perform divine service ;
pursuant to which he attended oj^eued the Congress by reading
prayers in the Church at Plillsborough.

The Congress having been informed that John Coulson, of Anson
County, charged with dangerous practices against the Liberties of
America, was now in Custody in this Town ;

Resolved, that Messrs. Samuel Spencer, John Patten, John Johns-
ton, Walter Gibson, Robert Ellis, Richard Cogdell, Solomon Shep-
jiard, James White, Thomas Benbury, David Smith, Thomas Graj',
Simon Bright, Henry Irwin, Memucan Hunt, Alexander Martin, John
Jordan, Lawrence Baker, Nicholas Long, Benjamin Williams, Will-
iam Williams, John McNitt Alexander, William Hooper, Allen
Jones, Richard Kennon, Henry Rhodes, John Williams, Miles Har-
vey, Robert Salter, William Sharp, Robert Lanier, William Kennon,
John Rand, Joseph Hewes, William Brown, William Tisdale, Cor-
nelius Harnett, Maurice Moore, Willie Jones, Fi'ancis Nash, Hugh
Montgomery, and Jet!iro Sumner, be a Committee to enquire into

COLONIAL RECORDS. 109

the Conduct of the said John Coulson, and make report to this
Congress to morrow morning.

Resolved, That Mr. Hooper, Mr. Howe, i\lr. Burke, Mr. Willie
Jones, Mr. Maurice Moore, Mr. Allen Jones and 'Slv. Penn, be a
Committee to prepare a Test to be signed by the ilembers of this
Congress.

Whereas it is Manifest that endeavours have been used by Ene-
mies to the Liberties of Amei'ica, to persuade several of the Inhabi-
tants of this Province who were engaged in the late Insurrection,
that they remained s.till liable to be punished, unless pardoned by
his Majesty, and that pardons can only be obtained on Condition
that they shall, when required, take Arms, and act offensively,
against such persons as shall be devoted to destruction for having
taken an Active Share in defence of American Liberty; And
whereas it is well known that no punishment can now lawfully be
inflicted on any persons concerned in the said Insurrection, whether
mentioned in the Act of Outlawry on that Occasion or not.

Resolved, therefore that the late Insurgents and every of them
ought to be protected from every attempt to punish them by any
ISIeans whatever, and that this Congress will to their utmost protect
them from anj' injury to their persons or property which may be
attempted on the pretence of punishing the said late Insurrection,
or anything in consec[uence thereof.

Resolved, That ^Ir. Maurice Moore, Mr. Caswell, Mr Thomas Per-
son, ^Ir AVilliam Kennon, Mr Knox, Mr Locke, The Rev'' Mr Patillo,
Mr Burke, Mr Hunt, 3Jr Benjamin Harvey, Mr Thomas Jones, Mr
Penn, and i\Ir George Moore be a Committee to confer with such of the
Inhabitants of the Province, who entertain any religious or political
Scruples, with respect to associating in the common Cause of
America, to remove any ill impressions that have been made upon
them by the artful devices of the enemies of America, and to induce
them by Argument and Persuasion, heartily to unite with us for the
protection of the Constitutional rights and privileges thereof.

Resolved, That The Rev"* ]Mr. Henry Patillo be desired to read
prayers to the Congress every morning, and the Rev* jNIr Charles
Edward Taylor every evening, during his stay here.

The Congress adjourned till Tomorrow Morning 10 O'Cclock.

170 COLONIAL RECORDS.

Tuesday August 22"' 1775

The Congress met according to adjournment

The several proceedings of the Continental Congress, viz.

A Declaration by the Representatives of the LTnited Colonies of
North America, in General Congress at Philadelphia in July last,
setting forth the Cause and necessity of taking up Arms.

The twelve United Colonies of North America, by their Represen-
tatives in Congress to the people of Ireland.

The Opinion of the Congress on the Resolution of the House of
Commons of Great Britain of the 20"' of Fehy. 1775.

The address of the Congress to the Lord ]\Iayor of London.

A Resolve of the Congress relative to the Culture of Salt Petre,
and tlie several Methods of making Salt Petre, recommended to the
Inhabitants of the United Colonies by their Representatives in Con-
gress, and sundry Resolves of the Congress, were laid before this
Congress, and ordered to be read ; and were read accordingly.

Mr. Llarnett from the Committee to enquire into the conduct of
John Coulson, reported their proceedings thereon, which was con-
curred with by the Congress. At the same time the said John Coul-
son gave into Congress the following declaration, to wit,

"I, John Coulson do, from the fullest Conviction solemnly and
sincerely declare, that I have been pursuing measures destructive of
the Liberties of America in General, and highly injurious to the
peace of this Colony; and truly Conscious of the heinousness of my
Guilt, do now publickly confess the same; and do solemnly and
sincerely promise, that I will for the future support and defend, to
the utmost of my power, the Constitutional Rights and Liberties of
America; and in order to make atonement for my past Guilt
that I will make use of every effort in my })ower to reclaim those
persons who I have seduced from their duty, and also to induce
all other persons over wliom I have influence, to aid, support, and
defend, the just Rights of America. In Witness whereof I have
hereto set my Hand, this 22'^ of August, 1775.

JOHN COULSON."

Resolved, That the said John Coulson be discharged from his
attendance on tliis Congress.

Whereas there are several offenders against the Continental
Association now confined at Wihiiington, it is resolved that an
Express be immediately sent from this Town to Wilmington, re piir-

COLONIAL RECORDS. 171

ing the Committee of Wilmington to deliver all such Delinquents as
may be in Custody to a Guard directed to receive the same and safely
to convey such delinquents from County to County in the most expe-
ditious manner, that the}^ may be brought before this Congress, in
Order that their Demerits may be strictly enquired into, witli such
papers as were found in their Custody.

Resolved, That the Thanks of this Congress be given by Mr
Spencer to the Gentlemen "\^olunteers of Anson County, who brouglit
John Coulson in Cusiod}' to this Congress.

The Congress adjourned till Tomorrow morning 9 o'clock.

Wednesday August 2.3^'' 1775.

The Congress met according to Adjournment.

The Association entered into by the General Congress at Phila-
delphia on the 20* day of October 177i and signed by the members
thereof was read.

Resolved that this Congress do highly approve of the said Asso-
ciation and do for themselves firmly agree and promise to adhere
thereto, and do recommend it to their Constituents that they like-
wise adhere firmly thereto.

The Committee dfrected to prepare and bring in a Test for the
Members of the Congress to sign, report that they had prejiared a
Test, which they begged leave to lay before the Congress for Appro-
bation.

Ordered, the same be read; wliicli was accordingly read, ap}!roved
of, ordered to be entered on the .J<-ui'nal and signed.

We the Subscribers professing our Allegiance to the King, and
Acknowledging the constitutional executive j_ ower of Government,
do solemnly profess, testify and declare that we do absolutely
believe that neither the Parliament of Great Britain, nor any Mem-
ber or Constituent Branch thereof, lave a right to impose Taxes
upon these Colonies to regulate the internal police thereof; and
that all attempts by fraud or force to establish and exercise such
Claims and powers are "\"iolations of the peace and Security of the
people and ought to be resisted to the utmost. And that the people
of this province, singly and collectively, are bound by the Acts and
resolutions of the Continental and the Provincial Congresses, becau.se
in both they are freely represented by persons chosen by themselves;
And we do solemnly and sincerely promise and engage, under tlie
Sanction of virtue, honor, and the sacred Ldve of Libert}-, and our

172

COLONIAL records:

Country, to maintain and support all and every the Acts, Resolu-
tions and Regulations, of the said Continental and Provincial Con-
gresses, to the utmost of our power and Abilities. In Testimony
whereof, we have hereto set our Hands this 23'^ of August 1775.

NATH' RICHARDSON.

Nathaniel Richardson
William Gray
C. W. Jaycocks
William Bryan
Zedekiah Stone
John Johnston
Thomas Owen
Thos. Robeson, Jr.
Thomas Alien
Roger Moore
Green Hill
William Person
Henry Patillo
Thomas Eaton
Jethro Sumner
Josiah Riddick
James Coor
William Bryan
Richard Cogdell _
Jacob Blount
John Easton
Brice Williams
Solomon Sheppard
Enoch Ward
James White
Thomas Jones
Thomas Benbury
James Blount
Josiah Granbury
Thomas Rutherford
Alex'^ M°Alister
Farquard Campbell
David Smith
Alexander M°Kay

Robert Howe .
Parker Quince
Robert Ellis
Samuel Johnston
Thomas AVade
Samuel Spencer
Thomas Person
John Williams
John Taylor
Memucan Hunt
Alex. Martin
Ransome Sutherland
James P. Farley
Thos. Henderson
AVilliam Dent
George Cortner
Nathaniel Williams
Joseph Hancock
John Jordan
Lawi'ence Baker
Mathias Brickie
Day Ridley
Nicholas Long-
James Hogan
David Sumner
John Webb
John Geddy
B-njamin Williams
William Bryan
John Smith
Thomas Polk
John Phifer
J"" McNitt Alexander
Kenneth M^Kinzie

David Love
Wilham Picket
Thos. Respess, Jun'
John Fallen
William Salter
AValter Gibson
John Atkinson
John Williams
Benj. Harvey
Andrew Knox
Miles Harvey
Thos. Flarvey
AVilliam Skinner
Thomas Boyd
iTevotion Davis
Edward Everigin
John Simpson
Robert Salter
AVilliam Bryan
James Gorham
James Latham
jNIatthew Locke
James Smith
Moses AVinslow
Samuel Young
AA^illiam Kennon
AA^illiam Sharp
Robert Lanier
Josejih AVilliams
Joseph Spruill
Jeremiah Fraser
Peter AVynne
John AValker
AA^illiam Kennon

COLONIAL RECORDS.

173

Elisha Cain
Richard Kennon
]\Iatthew Jones
Ambrose Ramsey
Robert Rutherford
William Clark
James Kenan
Thomas Gray
William Dickson
Richard Clinton
Thomas Hicks
Richard Caswell
Simon Bright
James Glasgow
Abraham Sheppard
Spyres Singleton
Robert Bignal
Henry Irwin
John Penn
Robert Rowan
James Hepburn
Willie Jones
Francis Nash
William Armstrong
Nathaniel Rochester
Hugh Montgomery
John Thompson
Joseph Leech

Whitmill Hill
William Williams
George Moore
Alex' Lillington
Samuel Ashe
William Hooper
James Moore
John Ashe
Allen Jones
Howell Edmunds
Drewry Gee
Samuel Lockhart
Isaac CtuIou
Henry Rhodes
Edward Starkej^
Jolm King
Thomas Burke
John Kinchen
Thomas Hart
Demsey Burgess
Samuel Martin
James Houston
Tho= H. Hall
William Hill
Duncan Lamon
Joshua Rosser
Jasper Charlton

Robert Alexander
Joseph Hardin
William Graham
Fred'' Hambright
Joel Lane
John Hinton
Theophilus Hunter
Michael Rogers
Tignal Jones
John Rand
Thomas Hines
William Brown
Joseph Hewes
James Davis
AVilliam Tisdale
Richard Ellis
Cornelius Harnett
Archibald Maclaine
Maurice Moore
John Cowper
Needham Bryan
Gideon Laml)
Waightstill Avery
jNIartin Armstrong
John Birdsong
Joseph Winston
Joseph Jones

Resolved, That his honor the President, Mr. Harnett, Mr. Caswell,
Mr. Hewes, Mr. Nash, Mr. Willie Jones, and Mr. Young be a Com-
mittee of Secrecy, for the purpose of procuring Arms and Ammu-
nition, and to report to this Congress what sums of money will be
necessary for that purpose.

Resolved, That Mr. Maclaine, Mr. McAlister, i\Ir. Farquard Camp-
bell, Mr. Rowan, Mr. Thomas Wade, Mr. Alexander McKay, Mr.
John Ashe, Mr. Spencer, Mr. Gibson, Mr. Kennon and Mr. Hepburn
be a Committee to confer with the Gentlemen who liave lately
arrived from the highlands in Scotland to settle in this Province,
and to explain to them the Nature of our Unhajspy Controversy

174 COLONLVL RECORDS.

with Great Britain, and to advise and urge them to unite with the
other Inhabitants of America in defence of those rights wliich they
derive from God and the Constitution.

Resolved, That Mr. Maurice Moore, JNIr. Hooper, Mr. Howe, Mr.
Caswell and i\Ir. Hewes be a Committee to prejDare an Address to
the Inhabitants of the Province of Nortli Carolina, stating the
present Controversj^ in an easj' familiar stile and manner obvious to
the very meanest Capacity, calling upon them to unite in defence of
American Liberty, and vindicating, from a necessity to which
Administration has reduced us, the taking up Arms, and assuming
the Controul of the Militia, and ascribing the silence of the Legis-
lative powers of Government to his Excellency the Governor refus-
ing to exerci.se the Functions of the office by leaving the Province
and retiring on Board a Man of War, without any threats or vio-
lence to compell him to such a measure.

The Congress adjourned till Tomorrow morning 9 o'Clock.

Thursday August 2-1"' 1775.

The Congress met according to Adjournment.

Resolved, That Doctor Burke be added to the Committee to pre-
pare an address to the Inhabitants of this Province &c.

Resolved, That such Gentlemen as have in their possession any
Letters or other Papers respecting the Common cause of American
Liberty, lay the .same before tlie Congress, and several Letters and
other Papers were accordingly brought up to the Table read and filed.

Whereas the Continental Congress hath thought it necessary for
the preservation of American Liberty, that an Army should be em-
bodied, and the sum of three Millions of Dollars be emitted for the
j>urpose of supporting such Army, and hath pledged tlie faith of the
United Colonies for the redemption of the same.

Resolved unanimously^ That the Inhabitants of North Carolina
will pay their full proportion of the expence so incurred, and will
make provision for the redem[)tion of such part of the sum so emit-
ted as shall be alloted by the Continental Congress for this province
to Redeem, in jn-oportion to the number of its Inhabitants.

Resolved that his Honor the President Messrs ^^'illiam Hooper,
Josepih Hewes, Richard Caswell, Samuel Spencer, Thomas Respess,
AValter Gibson, AVilliam Gray, Robert Howe, Thomas Ea'on, James
Coor, .lohn Easton, James White, '1 homas Jones, Alexander MMlis-
ter, Richard Kcnnon, Thomas Gray, Henry Irwin, John Penn,

COLONIAL RECORDS. ' 175

Alexander Martin, Joseph Hancock, Matthias Brickie, John Webb,
William Brj-an, Thomas Polk, Whitmill Hill, Samuel Ashe, Allen
Jones, Henry Rhodes, Thomas Burke, Benjamin Plarvey, Demsey
Burgess, Robert Salter, Matthew Locke, Josejih Williams, Peter
Wynns, William Kennon, Joel Lane, William Brown, James Davis,
Archibald Maclaine, Maurice Moore, James Hepburn, Willie Jones,
Hugh Montgomery, and Francis Nash, be a Committee for the
purpose of preparing a plan for the regulation of the Internal
peace, order and safety of this Province, and making such an
arrangement in the Civil i^olice of this Province, as may tend
to suppl}^ in some measure the defect of the executive powers
of Government, arising from the absence of His Excellency Gov-
ernor Martin, and tliat this Committee take into consideration
the propriety of appointing a Committee of Safety, the members to
compose it, the manner and time of choice. Qualification of Electors
and Elected, The number of which these shall consist, the powers of
these Committees, also the mode to be observed in calling provincial
Conventions, the time of Election, place where to be held. Qualifica-
tion of Electors and Elected, the number which every Town and
County are to send as Delegates, to represent them in such Conven-
tion, the Powers which this Convention are to Exercise. And further
to re})ort the necessity, if any there be of forming other Committees
than before mentioned and every civil power necessary to be formed
in order to relieve this Province in the present unhappy state to
wliich Administration has reduced it.

The Congress taking under consideration the State of the province
and the expediency of employing a Military Force for its defence
against foreign and domestic Invaders.

Resolved, That it lie over until Tomorrow.

A Draught of Articles of Confederacy, proposed for the Considera-
tion of the several Colonies in North America was brought into
Congress to-wit :

'&^

The provincial Congress of North Carolina are to View the fol-
lowing articles as a Subject which will be proposed to the Conti-
nental Congress at their next session ; it therefore becomes the duty
of the provincial Delegates now assembled, to instruct the Gentle-
men whom they shall make choice of to Represent them in the irext
Continental Congress, what they are to express to be the sense of
this province. Their former Delegates, beg that this plan may be
considered not as having had the sanction of the Continental Con-

176 COLONIAL RECORDS.

gress, or Recommended by them, or as expressing the Sentiments of
the Delegates who Represented this province in the last Continental
Congress, but wish they may be dispassionately Debated and
approved or Condemned upon their own Intrinsick merits.

Article 2''

The Said United Colonies .hereby Severally enter into a firm
League of Friendship with each other, binding on themselves and
their posterity for their common defence against their Enemies, for
the Security of their Liberties and properties, the Safety of their
persons and Families and their mutual and general Welfare.

That each Colony shall enjoy and Retain as much as it may think
fit of its own present Laws, Customs, Rights, privileges, and pecu-
liar Jurisdictions, within its own limits, and may amend its own
Constitution as shall seem best to its own assembly or Convention.

Article 4"'

That for the more Convenient management of General Interests,

Delegates shall be annually elected in each Colony to meet in

general Congress, at such time and place as shall be agreed in the

next preceding Congress only where particular circumstances do not

make a deviation necessary. It is understood to be a Rule that each

succeeding Congress is to be held in a different Colony till the

whole number be gone through and so in perpetual Rotation and

that accordingly the next Congress after the present shall be held at

Annapolis in Maryland.

Article 5"'

That the power and duty of the Congress shall extend to the
determining on War and peace, the entering into Alliances, the
Reconciliation with Great Britain, the settling all disputes between
Colony and Colony (if such should arise), and the planting now
Colony's where proper. The Congress shall also make such General
ordinances, necessary to the general welfare, particular assemblies,
cannot be competent to. Viz' : Those that may Relate to our general
Commerce or general Currency, to the establishment of posts the
Regulation of Common Forces. The Congress shall also have the
appointment of all officers. Civil and military, appertaining to the
general Confederacy, Such as general Treasurer, Secretary &c.

COLONIAL RECORDS.

Article 6"'

All charges of War and other general cxjsences to be incurred for .
the general Welfare, shall be defrayed out of a common Treasury,
which is to be supplied by each Colony in proportion to its n amber
of male Polls between 16 and 60 years of age, the taxes for paying
that proportion are to be laid and levied by the laws of each Colony.

Article 7"'

The number of Delegates to be elected and sent to the Congress by
each Colony shall be regulated from time to time by the number of
such polls returned, so as that one Delegate be allowed for every 5000
polls, and the Delegates are to bring with them to every Congress
an authenticated return of the number of Polls in their respective
Colonies Avhich is to be taken for the purpose above mentioned.

Article 8'*'

At every meeting of the Congress one half of the Members returned,
exclusive of proxies, shall be necessary to make a cj^uoruni, and each
Delegate at the Gongress shall have a vote in all Cases, and if neces-
sarily absent shall be allowed to appoint anyother Delegate from
the same Colony to be his proxy, who may "\^ote for him.

Article 0""

An executive Council shall be appointed by the Congress out of
their own Body, consisting of (12) persons, of whom in the first
appointment one third viz' (4) shall be for one year; (4) for two
years; (4) for three years, and as the said Term expires the vacancies
shall be filled up by appointments for three years, whereby one third
of the members will be changed annually, and each Person who
has served the said Term of three j^ears as a Councillor shall have
a respite of three years before he can be elected again. This Council,
of Avhom two thirds shall be a Quorum, in the recess of the Congress
is to execute what shall have been enjoined thereby; to manage the
general Continental business, and Literests; to receive applications
from Foreign Countries; to prepare matters for the consideration of
the Congress; to fill up dyw km.) Continental Offices that fall vacant,
and draw on the general Treasurer for such monies as may be neces-
sary for the general Services and appropriated by the Congress to
such Services.

VOL. X — 12

178 COLONIAL RECORDS.

Article 10""

Xo Colony shall engage in an offensive War witli any Nation of

Indians without the consent of the Congress or general Council

above mentioned, who are first to Consider the Justice and necessity

of such a plan.

'Article 11""

A perpetual alliance offensive and defensive is to be entered into

as soon as may be with the Six Nations, their Limits ascertained

and to be Secured to them, their Lands not to be encroached on,

nor any private or Colony purchase made of them hereafter to be

held good, or any Contract for Lands to be made but between the

great Council of the Indians at Onondago and the general Congress;

the boundaries and Lands of all the other Indians shall also be

ascertained and secured to them, in the same manner; and persons

appointed to reside among them in proper Districts, who shall take

care to prevent injustice in the Trade with them and be enabled at

our general expence by occasional small supplies to relieve their

personal wants and distresses, and all purchases fr&m them shall be

by the Congress for the general advantage and benefits of the

United Colonies.

Article 12"'

As all new Institutions may have imperfections which only time
and experience con discover, it is agreed that the general Congress
from time to time shall propose such amendments of this Constitu-
tion as may be found necessary, which being approved by a majority
of the Colony Assemblies, shall be eciually binding with the rest of
the Articles of this Confederation.

Article 13'"

Any and every Colony from Great Britain upon tlie Continent of
North America, not at present engaged in our A,ssociation may upon
application and joining the .said Association, be received into the
Confederation, Viz': Quebec, S' Johns, Nova Scotia, Bermudas and
the East and West Floridas, and shall thereupon be intitled to all
the advantages of our Union, mutual assistance and commerce.

These Articles shall be proposed to the several Provincial Con-
ventions or Assemblies to be by them Considered, and if approved,
they are advised to impower their Delegates to agree and ratify the
same in the ensuing Congress, after wliicli the Union thereby estab-

COLONIAL RECORDS. 17i>

lishe<:l, is to continue firm 'till tho Terms of reconciliation j^roposed
in the Petition of the Congress to tlie King are agreed to; 'till the
acts since made restraining the American Commerce and Fisheries
are repealed ; 'till reparation is made for the injury done to Boston
by shutting up its Ports, for burning .Charles Town, and for the
expences of this unjust War, and all the British Troops are with-
drawn from America. On the arrival of these events the Colonies
are to return to their former Connection and Friendshii:> with Great
Britain, but on failure thereof, this Confederacy to be perpetual.

"Whereas it has pleased God to bless these Countries with a most
plentiful Harvest, whereby mucli Corn and other provisions can be
spared to Foreign Nations who may want the'same —

Resolved, That after six months from the 20"" July instant, being
the day appointed by a late Act of Parliament of Groat Britain for
restraining the Trade of the Confederate Colonies, all the Customs
Houses therein (if the said Acts be not first repealed) shall be shut
up and all the Officers of the same be discharged from the execution
of their several functions, and the Ports of the said Colonies are
hereby declared to be thenceforth open to the Ships of every State
in Europe that will admit our Commerce and protect it, who may
bring in and expose to sale free of all duties, their respective pro-
duce and manufactories, and every kind of merchandize, excepting
Teas and the merchandize of Great Britain, Irela)id and the British
West India Islands.

Resolved, That we will to the utmost of our power maintain and
support tliis Freedom of Commerce for two years certain, after its
Commencement, any reconciliation between us and Great Britain
notwithstanding, and as much longer beyond that Term as the late
Acts of Parliament for restraining the Commerce and Fisheries or
disallowing the laws and mattei's of any of the Colonies shall con-
tinue unrepealed.

Ordered that the Secretary furnish the delegates for each County
with a Copy thereof.

Mr Thomas Craike is appointed a Clerk to assist the Secretary, to
Expedite tlie business of the Congre.ss.

The Congress adjourned till Tomorrow jNIorniug 9 "Clock.

180 COLONIAL RECORDS.

Friday, August 25"' 1775.

The Congress met according to adjournment.

A Paj^er purporting to be a Proclamation issued by his Excellencj'
Josiah Martin dated on Board his Majestys Ship Cruizcr, at Cape
Fear River, the eighth of August instant, directed to the Moderator
of the Provincial Convention of Hillsborough, being read ;

Resolved unanimously. That the said Paper is a false Scandalous,
Scurrilous, malicious, and sedicious Libel, tending to disunite the
good people of this province, and to stir up Tumults and Insur-
rections, dangerous to the peace of His Majesty's Government, and
the safety of the Inhabitants, and highly injurious to the Characters
of several Gentlemen of acknowledged ^^irtue and Loyalty; and
further that the said pa23er be burnt by the common Hangman.

The Order of the day being read. Resolved, the same lie for con-
sideration till Monday next.

The Petition of Frances Dunn and Dorothy Boote being read.
Resolved, that the same lie on the Table for Consideration.

Mr Joseph Williams a Delegate for the County of Surry has leave
to absent himself from the Congress for ten days.

Resolved, That Mr Harnett, Mr Willie .JoneSj Mr Knox, jNIr Locke,
Mr Caswell, Mr Thomas Person and Mr John xishe be a Committee
to take into Consideration and report a state of the Public Fund.

Resolved, That Mr Cogdell, Mr Green Hill, Mv Martin, Mr Tay-
lor, Mr Patillo, Mr Tiiomas Jones, Mr John Kinchen, ~Mr Thos.
Hall, Mr Locke and Mr Skinner be a Committee of Intelligence, to
receive all Petitions respecting the return of delegates and report
thereon to this Congress.

Resolved, That all those Gentlemen possessed of any Intelligence
respecting Indian Aflfairs, furnish Willie Jones Esquire, one of the
Commissioners for the Southern Department,with the same in writing.

Resolved that it be recommended to the Committees of the several
Counties and Towns, in this province, to obtain an exact List of the
Inhabitants within their respective Counties and Towns, distin-
guishing in such List the Number of White Male Persons between
the Age of Sixteen and fifty Years, the Number of Males above
fifty and under Sixteen, the Number of White Women, the
Number of Female Children, The number of Black male Slaves
being Taxables, the number of Female Slaves who are Taxa-
bles, and the number of Slaves who are not taxables, and that
such Lists be returned certified by the Chairman of the Com-

COLONIAL RECORDS. ISl

mittee to the president of this Congress, ou or before the first
daj' of November next.

Mr Edward Everigin has leave to absent himself from the service
of this Congress.

]\Ir James Green is appointed an Assistant Clerk to this Congress.

Adjourned till 5 "Clock this Afternoon.

Friday 5 "Clock p. m.

The Congress met according to adjournment.

Mr Robert Lanier is appointed to serve on the Committee to pre-
pare a plan for the Internal peace of this province, in the room of
Mr .Joseph "Williams, who has leave of absence.

Resolved, That the Commanding Officei: of the Independent Com-
pany of the Town of Hillsborough, disj^atch four of the said Com-
pany to proceed from this place towards Wilmington until they
meet with a certain James Cotton, of tlie County of Anson, who it
is said is in Custody of certain persons, in order to be brought before
this Congress, and to assist in bringing the said James Cotton before
the Congress.

The Congress adjourned till Monday idorning 9 "Clock.

Monday xiugust 28"" 1775.

The Congress met according to adjournment.

Resolved that on Friday next the Congress Resolve itself into a
Committee, to take under Consideration the paper laid before the
Congress purporting to be a Confederacy of the LTnited Colonies.

The Committee appointed to receive Intelligence and Petitions,
&c., Reported that they had taken into Consideration the several
matters laid before them, which they begged leave to lay before the
Congress.

Ordered the same be read. Read the same and is as follows :

Report of the Committee of Intelligence Elections &c.

The Petition of Frances Dunn (Wife of John Dunn) and Dorothy
Boote (wife of Benjamin Boote) being referred to this Committee,
and the Allegations therein contained examined into; it ajjpeared to
us, that from the notorious inimical Conduct of the said John Dunn
and Benjamin Boote, mentioned in said Petition to the cause of
America, the apprehending and sending the said Dunn and Boote
to South Carolina was necessary and justifiable, in these times of

182 • COLONIAL RECORDS

General clanger, and as to the future disposal of said Dunn and
Boote, Ave submit to the consideration of this Honorable Congress.

The Petition of a number of Inhabitants of the Town of Salisburj',
respecting the Election of said Town, being also referred to this
Committee: it is our opinion that the several matters contained in
the said Petition, as objections to the Election of a Member for the
said Town to sit in provincial Congress are groundless and that the
said Election is good and valid.

The information of Thomas Wade, Thomas Polk and John
Walker, relative to the hostile intentions of Governor Martin,
Indians, and others laid before this Committee in writing; it is our
Opinion that the matter therein contained is of so serious and
important a Nature, that we beg leave to submit it to the Considera-

tion of this honorable Congress.

RICHARD COGDELL, Chair.

Resolved that the same lie on the Table for Consideration.

James Cotton, Samuel Williams and Jacob Williams of Anson
County who stood charged with acting in opposition to tlie Liberty
of America, and of endeavouring, by Persuasion and otherwise, to
induce others to Act against the Resolutions of the Continental and
Provincial Congress, were brought to the Bar of this Congress by a
party of the Hillsborough Independant Company, and after being
severally examined.

Resolved, That the said James Cotton, Samuel AVilliams and
Jacob Williams be discharged and set at Libert}' and that Certifi-
cates issued from this Congress to intitle them to the protection of
all persons espousing the cause of American Liberty, they having
made a Solemn recantation of their former Principles.

The Congress adjcurned till Tomorrow j\Iorning 0 o'Clock.

Tuesday August 29'^ 1775.

The Congress met according to Adjournment.

Mr. President laid before the Congress a letter from the Committee
of Intelligence of Charles Town South Carolina, inclosing Remon-
strances or Petitions from John Dunn and Benjamin Boote, now
under Confinement at Charlestown, which was read, and, on motion
ordered to lie on the Table for Consideration.

Also Letters from Governor Martin to Benjamin Boote 10"" July
1775.

COLONIAL RECORDS. 183

From Governor Martin to Col° Cotton 2r' July 1775.

Likewise an address from Rowan County to Governor Martin.

From the Committee of Meclclenburg to the Committee of Cam-
den a Letter of Intelligence,

And Dunn and Bootes prote.st and advertisement, wliich were
filed.

On motion ordered that the Election of delegates to attend the
Continental Congress at Philadelphia in September next come on
next Saturday.

The order of the day being read for taking under Consideration
the State of the j^rovince, and the expediencj' of employing a I\Iili-
tary force for its defence against Foreign and Domestic Invasion,
Resolved, That the same be deferred till Thursday next.

Whereas some doubts may arise respecting the Construction of
the fourth Article of the Continental Association relating to Expor-
tation.

Resolved that it is the opinion of this Congress, that no shi}) or
vessel shall clear out, or take on Board any part of their Cargoes
after the tenth day of September 1775; but that vessels actually
laden or their Cargoes on Board lighters, and cleared out before that
day, ma}' sail at any time after.

Mr. Caswell from the Committee ajipointed to take into Considera-
tion and report a state of the public Funds reported as follows, viz.:

Whereas in order to make a proper and correct state of the public
Funds, it would be necessary Your Committee should have
recourse to the public Accounts which are in the hands of the
Treasurers, and to the Estimates of Public AlloM^ances and Jour-
nals of the Assembly, which cannot conveniently be had here; they
have therefore proceeded on the best information they have been
able to obtain, and find that there are divers large sums of money
due from sundry sheriffs, and other Collectors, a great part of which
in the opinion of your Committee will be lost to the public unless
some method is immediately fallen upon to inforce the payment of
the same, which your Committee earnestly recommend to tlie atten-
tion of the Congress.

That there are also divers sums of money due from the Public to
Individuals, and no money in the hands of the Southern Treasurer
on the Contingent Fund to discharge the same; what may lie in the
Northern Treasury on that fund Your Committee have not been
able to inform themselves.

184 COLONIAL RECORDS.

That since the passing a resolution in tlie Assembly, that the
Rum Duties, and the one Shilling Tax for sinking the Old Bills,
should cease, the law imposing the same having had its effect,
sundry sums have been paid for such duties to the Collectors, and
to the Sheriffs, for the said Tax. Your Committee are of Opinion
that the money received on the former, should be returned to the
persons from whom the same was received, and also that the latter
be either returned to the persons from whom received or allov>'ed
them in the i^ayment of any Future Tax. All which is submitted
to the Consideration of the Congress.

R* CASWELL, Chairman.

Ordered the same lie for Consideration until Saturday next.

The Congress taking into consideration the Letters from the Com-
mittee of Intelligence of Charlestown, the remonstrances of Benja-
min Boote and John Dunn, and the Petitions of Frances Dunn
and Dorothy Boote, and the several Papers relative thereto.

Resolved that the President of the Congress by Letters addressed
to the Committees of Intelligence of South Carolina, thank them
for their friendly interposition in behalf of this Province, bj' receiv-
ing and securing the Persons of John Dunn and Benjamin Boote,
thereby disappointing the endeavours of those men to defeat the
American Association, in support of their just rights and privileges
and requesting of the said Committee to detain the, persons of the
said Dunn and Boote, within that Province till the Inhabitants of
North Carolina by their delegates again meet in Convention, or till
they make such recantations of their j^rinciples as shall be satisfac-
tory to the Committee of Charlestown; that this province will on a
similar occasion be ready to render a similar service to their worthy
Neighbours of the fourth province; in the mean time that they
pledge the Credit of this province to reimburse tlio Expences which
they may beat by reason of such detention; and express at the
same time that we have the fullest Confidence, that the same
humanity which has distinguished the proceedings in that province,
will actuate them in this Instance.

Resolved that no jierson whatsoever charged with being an
Enemy to the American Cause shall be carried out of this j^rovince
privatel}', or by any Act of Violence, except bj' the directions of a
Committee dulj' impowered to take Cognizance of the Offence with
which they are charged, and who shall, ujion fair and candid hear-

COLONIAL RECORDS. 185

ing thereupon tliiuk such measure prudent just and necessary;
but as the particular Circumstances wliich attended the seizure of
Boote and Dunn rendered a previous appHcatiou altogether imprac-
ticable to any Committee appointed for the purposes of Examina-
tion, we acknowledge ourselves under the greatest obligations to
the Persons who have rendered the signal service to tiiis province,
of removing from amongst them men who were exerting their
utmost endeavours to defeat the attempts of the virtuous inhabi-
tants of this province to preserve inviolate the rights of the British
Constitution.

Ordered, That William Hill, William Gray and Zedekiah Stone,
be added to the Committee of Conference.

The Congress adjourned till tomorrow morning 9 "Clock.

Thursday August .31" 1775.

The Congress met according to adjournment.

The Order of the Day being read for taking under consideration
the state of the province, and the Expediency of employing a mili-
tary Force for its defence against foreign and domestic Invasion,

Resolved, that His Majesty's faithful and loyal subjects in this
Colony, are reduced to a dangerous and critical situation, by the
attempts of a British Ministry to carry into execution, by force of
Arras, several unconstitutional and oppressive Acts of the British
Parliament, for laying Taxes, and for altering and changing the
Constitution and internal police of the United Colonies, in violation
of the natural rights of the Colonists.

Resolved, that hostilities being actuall}^ commenced in the jNIassa-
chusetts Bay by the British Troops under the Command of General
Gage, and a number of Inhabitants of that Colony actually destroyed, •
the Town of Boston having been long occupied as a Garrison Town,
and as if in an Enemy's Country, the Inhabitants thereof treated
with a severity not to be justified towards declared Enemies ; Rein-
forcements being also threatened, and every day expected to add to
the misery of that wretched people and to Execute the cruel deter-
mined measures of Administration against this and the rest of the
United Colonies: And whereas His Excellency Governor Martin,
hath taken a very active and instrumental share in opposition to the
means which have been adopted by this and the other United Colo-
nies for their common safety, as well to disunite this from the rest as
to weaken the Efforts of the Inhabitants of North Carolina to pro-

18G COLONIAL RECORDS.

tect their Lives, Liberties and Properties ngainst any force ^Yhich
may be exerted to injure them, or for the express purpose of com-
pelling us to submit to the operation of the Acts; that therefore for
the express and sole purpose of securing and defending this Colony,
preserving it in safety against all attempts to carry the said Acts
into Execution by force of Arms, this Colony be immediately put
into a state of defence.

Resolved, That this Congress think it absolutely necessary for the
support of the American xVssociation and safety of the Colony, to
raise a Body of Forces, consisting of one thousand men; and upon
the Faith of the Resolve of the Continental Congress, this Congress do
Resolve that one thousand men be immediately raised and embodied.

Whereas the Committees of Mecklenburg, Rowan, Bladen and
Cumljerland, have respectively purchased of sundry persons Gun-
powder, and agreed to pay such price as should be ascertained hj
this Congress for the same.

Resolved, That the Committees of Mecklenburg and Rowan pay
to the persons from whom they received powder, the sum of five
shillings proclamation money per i»ound; and the Committees of
Bladen and Cumberland four shillings per pound, for all the Gun-
powder they have purchased as aforesaid.

Ordered that Mr John Walker, and ^Ir .John Hardin, have leave
to ab.sent themselves from the service of the Congress.

The Congress adjourned till Tomorrow Morning 9 "'Clock.

Friday September V^ 1775.

The Congress met according to Adjournment.

The Order of the day for taking into Consideration the jjaper laid
before the Congress purporting to be a Confederacy of the United
Colonies, being called was ordered to lie over till Monday.

]\Ir John Birdsong, Mr Robert Alexander, Mr Samuel Spencer
and Mr James White have leave to absent themselves from this
Congress.

The Congress taking into Consideration the Arrangement of the
Military Troops ordei'ed to be raised in this Province as part of and
on the same establrshment with the Continental Army and the
api)ointment of OfHcers to command the said Troops,

Resolved, That they be divided into two Regiments consisting of
five hundred men each and that four hundred, part of the first Regi-
ment, be stationed in the District of AVihninoton, two hundred in

COLONIAL RECORDS.

IS-;

the District of Salisbury, two hundred in tlie district of New Bern,
and two hundred in the district of Edenton, and that the whole
number composing the said two regiments, and every of the above
divisions, shall from time to time be disposed of as this Congress or
Council of Safety shall direct

Resolved that the following officers be and they are liereby ap-
pointed to command the first Regiment, viz.

James INIoore Esq', Colonel
Francis Nash Esrf, Lt. Colonel

Thom.as Clark Esq^ Major

Mr William Williams, Adjutant.

William Davis
Thomas Allon
Alfred Moore
Caleb Grainger

John Lillington
Joshua Bowman

Captains in the First Regiment.

William Picket Henry Dickson

Robert Rowan
John Walker

George Davidson

Lieutenants.

William Berryhill
Hector McNeill

Law^rence Thompson Absalom Tatum

Thomas Hogg

Neill McAlister
Maurice Moore, Jr.
John Taylor
Howell Tatum

Ensigns.

James Childs
Henry Neill
Berrvman Turner

William Green

Hezekiah Rice
William Brandon
William Hill

George Graham
Robert Rolston
Henry Pope

For the Second Regiment.

Robert Howe Esq', Colonel
Alexander Martin, Lt Colonel.

John Patten Esq., Major.

Dr. Jno. White, 1st Capt. and Adjt.

Captains in the Second Regiment. .
James Blount John Armstrong Charles Crawford

IMichael Payne Henry Irwin Toole Nathaniel Keais

Simon Bright Hardy Murphree John Walker

John Grainger
Clement Hall
William Fenner
Benjamin Williams

Lieutenants.

Robert Smith
Edward Vail, Jr.
.Jolni Williams

John Herritage
Joseph Tate
James Gee

18S COLONIAL RECORDS.

Ensigns.
Henry Vipon James Cook William Caswell

Whitmill Pugii John Woodhouse Benjamin Cleveland

John Oliver William Gardner Joseph Clinch

Philip Low

The Captains to take rank from the time their respective Compa-
nies shall be completed, to be certified under the hand of one or
more Magistrates of the County, where the men maybe raised; and
in case two or more Companies be completed in one day, or any dis-
putes arise about rank, that it be determined by a Court Martial.

Doctor Isaac Guion is appointed Surgeon to the first Regiment
and,

Doctor William Pastuer Surgeon to the Second Regiment.

The Congress adjourned till Tomorrow Morning 0 "Clock.

Saturdaj^ September 2""* 1775

The Congress met according to adjournment.

The Southern Treasurer informed the Congress, that he had
advanced, agreeable to the directions of the house of Assembly,
about nine hundred pounds, to the delegates who attended the two
former Congresses; that some Counties had not paid their first pro-
portion of that sum, and that only one County had paid the last
proportion.

Resolved, That such of the Counties from which the Treasurer
had not received the said first proportion, immediately pay him
the same; and that the Treasurer return the money he hath received
for the last proportion directed to be paid him as aforesaid, to the
County from which he received the same.

It is therefore Resolved, That the Treasurer be allowed so much
of the money as he has advanced to the delegates aforesaid, as shall
not be replaced by the sums paid, or to be paid him, of the first
Twenty pounds directed to be raised in the several Counties in this
province, and the same shall be allowed in his Accounts with the
public.

Mr Boyd laid before the Congress two hundred pastoral Letters
from the Synod of Philadelphia addressed to the Inhabitants of
this province, which were dispei'sed among the members.

Resolved, that the said Adam Boyd bo allowed the sum of

Proclamation money to be paid by the Public Treasurers or either
of them, and be allowed in their accounts with the Public.

COLONIAL RECORDS. 189

Resolved, That the Thanks of tliis Congress be given to William
Hooper, Joseph Hewes, and Richard Caswell, Esquires, for their
Patriotic and Faithful discharge of the important Trust reposed in
them, as delegates on the part of this Pros'ince at the late Continental
Congress.

In consequence whereof, the President returned them tlianks in
the following manner.

"GENTLEME>f,

The honourable and patriotic conduct you have i:)ursued in Dis-
charge of the high and important Trust unanimously committed to
you, with the most unlimited Confidence, by the late Convention of
this Province has justified and done honor to their choice, and now
calls forth the grateful thanks of your fellow Citizens, which thanks,
in order that the most honourable Testimonj' of your conduct may
be Transmitted to Posterity the Congress have commanded me to
deliver in this Place.

"I do accordingly, with the greatest jDleasure, return you the
thanks of this Congress in behalf of their Constituents, for the
manly, spirited and patriotic discharge of your duty as Delegates
in representing this Province in the Grand Continental Congress at
Philadelphia."

To which the delegates returned the following answer:

"We the delegates of this Province to Whom our Fellow Citizens
thought fit to Consign with the mo.st unlimited Confidence, the
great and important charge of representing them in the late Con-
tinental Congress, beg leave to express our most sincere thanks for
the honourable Testimony which thro' you, they have thought fit to
render of our services in that Capacity.

"With hearts warmed with a Zealous love of Liberty, and desir-
ous of a reconciliation with the parent State upon Terms just and
Constitutional, we flattered ourselves that the Integrity of our
motives would plead an excuse for our want of Abilities and that
in the Candour and Charity of our Constituents, our well meant,
however feeble endeavors, would find their Apolog}'. Our Expecta-
tions are more than, answered, and this public approbation of our
Conduct, the greatest reward a subject can receive or a people
bestow, will stimulate us, whether in private or public life our Lot
shall be cast, to imitate the virtues of our patriotic Fellow Citizens
and to be distinguished by our usefulness in society, as we have this

190 COLONIAL RECORDS.

day been by the honors with which they have marked our former
endeavors.

"While our hearts overflow with gratitude to this respectable
Assembly, we cannot omit to offer our be.st Acknowledgements to
you, honored Sir, for the polite manner in wliich you have been
pleased to convdy to us the Sense of this House; and to congratulate
them that their Councils are Conducted under the Au.spices of a
Character so justly esteemed, and wliich adds Dignity to the Seat in
whicli he presides."

Resolved that William Hooper, .Joseph Hewes, and Richard Cas-
well, Esquires, be, and are hereby, appointed delegates in behalf of
this province for the Term of one Year to attend the General Con-
gress held at Philadelphia on the fifth day of September instant, or
at any other time and place that shall be appointed for that purpose.
And that they are hereby invested with such powers as may make
any Acts done by them, or any of them, or consent given, in behalf
of this Province (not inconsistent with such instructions as may be
given by this Congress) Obligatory upon every Inhabitant thereof;
and that eacli of them be })aid five liundred pounds proclamation
money, on performing tlie services aforesaid, to be paid by either of
the Treasurers out of anv monies in their hands; and this Congress
engage to indemnify such Treasurer or Treasurers for the money
they may advance on that account.

Ordered that Devotion Davis, Michael Rogers and Joseph Spruill
have leave of absence during tliis session.

The (Jrder of the Day for considering the Report of the Commit-
tee relative to the State of the Public Funds being read, was ordered
to lie over till Monday next.

The Congress adjourned till Monday Morning 8 "Clock.

Monday September 4"' 1775.

The Congress met according to adjoarinncnt.

His honor the president laid before tlic Congress a letter from Mr
Biggleston the Governor's Secretary asking the favour of this Con-
gress to give Sanction and Safe Conduct to the removal of the most
valuable Effects of Governor Martin on Board the Man of War and
his Coach and Horses to Mr Farquard Campbell's.

Resolved, That if .\!r Biggleston should tliink proper to remove
on Board the Man of War all tlie Governor's Effects as well as His

COLONIAL RECORDS. . 101

Excellency's Coach and Horses as every Artiele thereof, this Con-
gress is ever ready to give thein, as to all other private property
every safeguard and Security in their power to pi'event their receiv-
ing any Molestation or injury, however ideal the fears of Mr Big-
gleston in this instance may bo of meeting any inter: uption in
carrying sucli designs into Execution; but as Mr Farquard Campbell
a Member of this Congress has expressed a sincere desire that the
Coach and Horses should not be sent to his House in Cumberland
and is amazed that such a proposal should have been made without
his approbation or privity, they conceive they can by no means
suffer the Coach and Horses to be removed to Cumberland County.
This house further take this opportunity to express their surprise at
his Excellency the Governor liaving deserted the palace, as he might
have enjoyed all the conveniences of the same in a state of perfect
security without insult or injury to his person or property.

Resolved, That Farquard Campbell, Esquire, hath, in the opinion
of this Congress, conducted himself as an honest member of Society
and a friend to the American Cause; and that any Confidential
Expressions that have been dropped by Governor Martin, or any of
his Friends, with respect to any reliance they may have upon the
Services of the said Farquard Camptbell against the American cause
have been without any encouragement from the said Farquard
Campbell, but have been made use of in Order to bring his character
into distrust, and lessen the esteem which for his faithful services he
deserves from the Inhaliitants of this Province.

Resolved that the Secretary give Certificates to such of the pro-
testors as, from a Conviction of the evil of their past Conduct, have
or shall hereafter sign the A.ssociation or Test entered into by the
members of this Congress during this Session, seting forth that they
are accepted as friends to American Lil^erty.

Ordered, Mr. Ilambright have leave to alxsent himself from the
services of tliis Congress.

The Order of the Day being read for taking into Consideration a
paper, purjiortinga Confederation of the United Colonies; Resolved,
The Congress Resolve itself into a Committee of the whole house.

The Congress resolved itself into a Committee of the whole house
accordingly and unanimously chose the Reverend Mr. Patillo ( hair-
man ; and after some time spent therein, came to a Resolution
thereon.

192 COLONIAL RECORDS.

On Motion Mr. President re.sumed the Cliair, and Mr. Chairman
reported as follows, to wit :

That the Committee have taken into Consideration the Plan of
General Confederation between the United Colonies and are of
Opinion that the same is not at present Eligible. And it is also the
Opinion of the Committee that the Delegates for this province onght
to be instructed, not to consent to any plan of Confederation which
may be offered in an ensuing Congress, until the same shall be laid
before and approved by the Provincial Congress.

That the present Association ought to be further relied on for
bringing about a reconciliation with the parent State, and a further
Confederacy ought only to be adopted in Case of the last nece.ssity.

Then on Motion, Resolved, The Congress do approve of the above
Resolution.

The Congress Adjourned till Tomorrow Morning 9 o'Clock.

Tuesday September S"" 1775.

The Congress met according to Adjournment.

On Motion, Ordered, That the Rev"* Mr. Patillo, Mr. Baker, Mr.
Thomas Harvey, Mr. Miles HSrvey, JNIr. Geddy, Mr. William Bryan,
]Mr. .Jethro Sumner, and Mr. Matthias Brickie have leave to absent
themselves from the Service of the Congress.

On Motion, Ordered, That Mr Willie Jones, Mr Nash and ^Ir
John Ashe, be a Committee of this Congress to make an Arrange-
jnent of minute men for the Safety of the province, and report their
proceedings to this Congress.

On motion. Ordered, That Mr Skinner, JNIr Starkey, Mr Locke,
Mr Caswell, Mr Thomas Person, Mr Burke and Mr Coor, be a Com-
mittee of Wa^vs and Means and that they make Report of their
proceedings.

Mr Caswell from the Committee of AVays and Means, reported as
follows, viz: That it is the Opinion of your Committee, that the
Expences of the one thousand men to be raised and paid at the
Expence of the Continent, ought to be defrayed out of the fund
provided for that pjurpose by the Continental Congress, and that the
provincial Congress or such Officers as they shall impower do draw
for one hundred thousand dollars immediately, and for other sums
as there may be occasion afterwards.

That it is the Opinion of your Committee Sixty thousand pounds
be Emitted in paper Bills of Credit, to be applied towards defraying

COLONIAL RECORDS. 191

the Expence of tlie Militia aud Minute Men, for purcliasiug Arms
and Ammunition, and paying Bounties for the Encouragement of
]\Ianufactures, expresses and other contingencies; This Sum to be
sunk hy a Tax of two Shillings every year on each Taxalile Person
in this Province, to commence for the year 1777 and continue for
seven years after its commencement.

RICH" CASWELL, Chairman.

Ordered, The said Report lie for further consideration.
The Congress adjourned till Tomorrow morning 9 o'clock.

"Wediiesday September G"' 1775.

The Congress met according to Adjournment.

Resolved, That Mr Penn, Mr Harnett, Mr Webb, Mr Blount, Mr
Locke and Mr Coor be a Committee to recommend proper j^ersons
for Commissaries for the several Troops.

The aforesaid Committee returned, and reported that several Gen-
tlemen had offered themselves as candidates, which they approved
of, and recommended that the house should make choice of four of
the said Gentlemen for that purpose.

Pursuant to which Mr William Kennon was appointed Commis-
sary for the district of Wilmington, Mr Robert Salter Commissary
for the district of Xew Bern, Mr Andrew Knox Comniissary for the
district of Edenton, and Mr Rol^ert Lanier Commissary for the dis-
trict of Salisbury.

Ordered, That j\Ir Needham Bryan, j\Ir Ilinton, Mr .Jacob Blount,
Mr William Bryan and Mr Duncan Lamo}a have leave to absent
themselves from the Services of this Congress.

Mr Archibald Maclaine, chairman from the Committee appointed
for the purpose of preparing a plan for the regulation of the Inter-
nal Peace, order and Safety of the Province, and making such
arrangements in the civil police of this Province, &c., laid the same
before the Congress, which was read.

Ordered, the same be committed to a Committee of the whole
house tomorrow morning.

The Congress-adjourned till Tomorrow morning 9 o'Clock.

Thursday September 7"" 1775. «

The Congress met according to adjournment.
VOL. X — 13

194 COLONIAL RECORDS.

The house taking into consideration the Report of the Committee
of Ways and Means, came to the following Resolutions, to wit :

Resolved, That a Sum not exceeding one hundred and twenty five
thousand Dollars, be emitted by this Congress in Bills of Credit, for
the defence of this Colony.

Resolved, That this Province be pledged for the redemption of the
Bills of Credit now directed to be emitted.

Resolved, That the number and denomination of the Bills be as
follows, viz:

4000 of i of a Dollar is.^_- . 1000 Dollars.

4000 -I of a Dollar is 2000

4000 i Dollar is 4000

4000 2 Dollars SOOO

4000 3 Dollars 12000

4000 4 Dollars 16000

4000 5 Dollars 20000

4000 8 Dollars . 32000

3000 10 Dollars 3000O

Resolved, That the form of the Bills be as follows.

North Carolina Currency
No. Dollars

This Bill entitles the Bearer to receive Spanish milled dol-
lars or the value thereof in Gold and Silver according to the Reso-
lution of the provincial Congress held at Hillsboro the 2P' day of
August 1775.

Resolved, That IMr. Samuel Johnston, Mr Richard Caswell, ^Ir
Richard Cogdell and Mr Andrew Knox or the survivors of them, be
a Committee to get proper plates eng^raved, and to provide paper
and to agree with an Engraver to stamp or print the said Bills and
to Frame Devices for the same; and that they be and are hereby
fully authorized to superintend the press, to have the oversight and
care of Stamping or printing the Bills of Credit so to be struck, and to
number and sign the same; and after numbering and signing them,
shall deliver the same to the Treasurers or one of them, taking his
or their Receipts for the Bills so delivered; and that they be allowed
the sum of fifty [lounds each for such services.

COLONIAL RECORDS. 105

Resolved, That the said sum bo sunk by a tax of two shilhngs
eveiy year on each taxable person within this province, to commence
for the year 1777, and continue for nine years unless the monej''
should be sooner sunk.

Resolved, That if any person shall refuse to receive the Public
Bills of Credit by this Congress directed to be emitted, in payment
of any debt or demand, or shall refuse to give them credit, or shall
speak disrespectfully of the said Bills, or shall offer a greater sum of
the said bills in exchange than at the rate of eight shillings for a
dollar, such jjerson shall be treated as an enemj' to his country, and
it is recommended to the inhabitants of this province to have no
further connection or dealing- with him.

Resolved that where any person shall be accused of counterfeiting,
altering, or erasing any Bill or Bills of Credit of this Province
emitted by virtue of the Resolves of this Congress, or shall know-
ingly pass or utter or with intent to pass or utter, shall offer the
same to any Person or persons Oath being made thereof, or sufficient
pregnant circumstances made appear, before any three members of
tlie Committee of the County, where he shall be apprehended, or the
nearest Town, such person shall by the said Members of Committees,
be committed to the Gaol of the district, where the offence is sup-
posed to be committed, there to remain until the next meeting of the
Committee of Safety thereof. And the said Committee shall inquire
into the Truth of the Accusation, and if it shall aj^pear to Twelve
of them that there is sufficient proof to convict him, he shall be
remanded to prison, there to remain until a convenient j^ower shall
be established for hearing and determining the matter, agreeable to
the Constitutional mode heretofore used in all capital cases. And
if he shall be convicted on such future hearing, or shall stand mute,
or challenge more than twenty of the Petit Jury, he shall suffer
Death as a felon, without Benefit of Clergj-. But if tlie said Com-
mittee shall be of Opinion that there is not sufficient proof to con-
vict him, he shall be discharged; and the j^ersons who shall first
commit him, sliall take necessary measures to compel the Witnesses,
as well for as against liim, to appear at the meeting of the said
Committee of Safet}^ and give Testimony.

Resolved, That Mr Samuel Johnston, Mr Ricliard Caswell, Mr
Richard Cogdell, and Mr Andrew Knox shall previously to their
takicg upon them the trust reposed in tliem by the above Resolve,
enter into Bond with good and sufficient Security, in the sum of

19G COLONIAL RECORDS.

Ten thousand pounds proclamation monej', each, payable to the
members of the provincial Council, for the use of this Province,
with condition tliat he shall duly and faithfully execute and dis-
charge the said Trust reposed in him according to the true intent
and meaning of this Congress : Which bond shall be lodged with
the provincial Council, and in case of a breach in the condition
thereof, may be put in suit and recovered to the use of this province,
and if any of the Commissioners appointed as aforesaid should die,
remove out of the province, or refuse to act, the surviving Commis-
sioners, or a majority of them, shall appoint others or another in
the room of him or them so dying, refusing to act or removing,
which Commissioner or Commissioners so appointed, shall enter into
Bond as aforesaid. And such Commissioner shall, before his enter-
ing into Office, take the following Oath, to wit :

" I, A. B., do swear, upon the Holy Evangelists of Almighty God,
that I will in consequence of the Trust reposed in me by the Pro-
vincial Congress of this Province faithfully execute the same, that
I will not stamp, sign, or emit, or knowingly suffer to be stamped,
signed or emitted more Bills than such as have been described by
the said Congress, and as soon as such Bills are emitted, that the
plates used in stamping the same shall be destroyed."

Resolved, That the Treasurers be allowed, for receiving and pay-
ing away the said Bills one per cent.

The Report of the Committee appointed to bring in a [)lan for
regulating Minute Men and Militia being taken into consideration.

Resolved, That the Province be divided into six districts, as they
stood heretofore under the Superior Court Law, viz., Edenton, Hali-
fax, Hillsborough, AVilmington, New Bern and Salisbury districts.

That a Battalion consisting of ten Companies, of Fifty men rank
and file, each, be raised in each district; and a Colonel, Lieutenant
Colonel, Major, Ten Captams, Ten Lieutenants, Ten Ensigns, Twenty
Serjeants, Ten Drummers and Ten Fifers be allowed for every Bat-
talion.

That the Field Officers for each and every Battalion be recom-
mended by the several districts, and appointed by the Congress ; and
that the number of men to be enlisted in the several Counties in the
different districts, be also recommended by the several districts, as
nearly as may be to the number of effective Men in each County.

That the Field Officers in each district appoint a suitable pcr.son
or persons in each County to enlist Minute Men, which said jNlinute

COLONIAL RECORDS. 197

Men, when tlieir Companies fire compleated, shall choose their Cap-
tains, Lieutenants and Ensigns ; and the said Captains, Lieutenants
and Ensigns of each Company shall appoint their respective non-
commissioned Officers.

That the Field Officers and Captains of each district appoint an
Adjutant.

That the persons appointed to enlist ]\Iinute' Men in each County,
may take Volunteers, coming of their own accord from other Counties;
but shall not go into any other County to enlist, without permission
of the Committee of such County in writing.

That when any Company is compleated, and the Officers chosen,
the Captain shall give notice to the Chairman of the County Com-
mittee, who shall thereupon call the Committee together to review
the said Company, at such place as the Chairman shall think proper.
And the Committee, or a ^lajority of them, finding the Company
complcat with able and proper men, shall grant a Certificate thereof
to the Captain specifying the County and day, by which Certificates
the Priority or Rank of the Captains in the different Battalions shall
be determined, and that the precedence or Rank of the different Bat-
talions be determined also as they are soonest embodied, which shall
be ascertained and certified by the Members of the Provincial Coun-
cil for the respective districts wdiere such Battalions belong: Should
two Captains' Certificates bear date the same day, the Members of
the provincial Council for the district shall decide between them ;
should two Battalion or Colonejs' Certificates bear the same date the
provincial Council shall determine the rank.

That the Provincial Council enter the returns or Certificates of the
County Committees and the Committees of safety in a Book for the
purpose, and issue Commissions accordingly.

That the Captains, or jiersons appointed to enlist, in enlisting
Men, give a preference to those who have guns of their own ; but if
it be found necessary to take such as have none.

That then the Captains certify the same to the Committees of the
Countys to which they belong who shall thereupon borrow such
guns as are fit for Service, giving receipts, describing such Guns,
and the value thereof; to the owners, that they may hereafter get
them again or the value of them. And the said Committees, shall
take Receipts in the like manner of the Captains for Guns thus
supplied, which receipts shall be transmitted to the provincial Coun-
cil; and the Captains shall produce such Guns, when demanded.

198 COLONIAL RECORDS.

pay the value of them, or shew that they have been lost Ijy unavoid-
able accident to the public.

That an allowance be made after the rate of ten Shillings per
Annum for a good smooth bore or Musket, and twenty shillings for
a Rifle, to the owners for tlie use of tlieir Guns, in the Case above
mentioned.

That the Minute Men as soon as they are enlisted and approved
by Companies as above be embodied in Battalions at or near the Towns
aforesaid, in the different districts, there to continue in training
successively for fourteen days, Sundays inclusive, and that each and
ever}^ Minute Man be allowed one days pay for every Twenty miles
in travelling to and from the place of training by Battalions.
After this, that the different Companies in their respective Counties
muster at least once a fortnight, on such days, and at such places as
their Captains shall direct.

That the Adjutant for each district be employed for six months
and allowed the sum of fifteen pounds per month, and attend in
the different Counties to his district belonging, by Rotation, and the
Field Officers in eacli district, shall have power to remove such
Adjutant for Misbehavior and appoint another in his stead.

That the Officers and men, Avhile training by Battalions, and
when called into actual Service have pay as follows, A Colonel per
day fourteen Shillings three farthings. Lieutenant Colonel Eleven
shillings and five pence. Major nine shillings and six pence. Captain
five shillings and eight pence half penny. Lieutenant five shillings
and nine pence three farthings, Ensign two shillings and ten pence
farthing, Sergent two Shillings and three pence farthing, Corporal
Drummer and Fifer two shillings half penny a private man one
shilling and ten pence three farthings.

That the special Committee hereinbefore mentioned appoint a
Commissary of Musters for every district and shall be allowed eight
pence per daj' for victualing each and every man.

That a Bounty of twenty five Shillings be allowed for every pri-
vate man, and non-commissioned Officer to buy a hunting Shirt,
Leggin.s, or Splater dashes and Black Garter.?, which shall be the
Uniform; and that the Manual exercise for the said Minute Men be
that recommended by His Majesty in 1764-. xVnd if any Officer or
Minute Man, shall refuse or neglect to attend Battalion dut\-, he
shall forfeit two days pay for every day he is absent, giving to the
delin(]uent the privilege of making excuse any time during Batalion

COLONIAL RECORDS. 199

Exercise or training, which Excuse shall be allowed or disallowed
by a Court Martial consisting of the Field Officers aud Captains to
each Battalion belonging, the same to be levied on the Estate of the
delinquent, by any person or persons bj' the said Court appointed,
and applied according to Act of Assembly for regulating the Militia.

That each and every Company make such regulations as to them
shall seem best, for non-attendance, disobedience, and misbehavior,
at Musters by Companies; provided that the Commanding Officer
or Captain may, if found necessary, give leave of absence to any
Inferior Officer or private man, the first in Battalion dut}-, the last in
Company Musters. That the Minute Men be enlisted for six Months,
and whenever called into Actual Service, be Subject and bound bj'
the Rules and Regulations for the Continental Ai'my provided by-
the Continental Congress; And if any Officer or Minute Man dur-
ing his attendance on training duty by Battalions shall refuse to
obey the Commands of his Superior Officers, or behave refractorily
or indecently, such offender shall and may be confined for any time
not exceeding Twenty four hours, and fined in any sum not exceed-
ing fourteen days pay, as shall be determined by the Judgment of
a Court Martial to be held as aforesaid; the fines to be levied and
applied as herein before directed.

That in Case of Insurrections Invasions or other Emergancy such
Captain or Captains, as may be nearest to the Scene of Action or
first informed of the danger, shall have power to order all or part
of his or their Men as may be necessary into immediate Service, and
shall give notice to the Colonel or Commanding Officer of the
Battalion to which he or the}' belong, and the Colonel or Command-
ing Officer shall upon such information from a Captain, or in the
first instance, have power to order all or every part of the Battalion
as he shall think proper into service, and March them to any part
of his di.strict; but he shall give notice to the Committee of Safety
of his district, and shall be subject to their Orders when convened:
But as soon as the provincial Council shall meet, the power of the
Committees of Safety shall cense with respect to such Battalion, and
the Colonel or Commanding Officer thereof, shall be subject to the
controul of the said Council.

That the Regular Officers shall take rank of the ]\Iinute Officers
of the same Rank, and the Minute Officers shall take Rank of the
Militia Officers of the same Rank; but the Minute Men shall not be
under the Command of the Militia Officers, nor the Militia under

200 COLONIAL RECORDS.

the Command of the Minute Officers unless when drawn in actual
Service. ^

That a Colonel of the Minute J.Ien shall take rank of a Lieutenant
Colonel of the Regulars, a Colonel of the Militia take rank of a Lieu-
tenant Colonel of the jNIinute Men. And that every Officer or Min-
ute Man who shall refuse or unreasonably delay conforming to the
above directions with respect to Insurrections &c'', shall for such
refusal or delay suffer such punishment (death exceptedj or pay.such
fine, as shall be adjudged by a Court Alartial," consisting of the Field
Officers and Captains to his Battalion belonging; provided, that if
any Officer shall think himself aggrieved by the decision of such
dourt Martial, he may appeal to the provincial Council Avhose deter-
-mination shall be final. The said Fines and Forfeitures to be levied
and applied as hereinbefore directed.

And with respect to the Militia your Committee have further

Resolved, That the Field Officers be appointed by Congress, the
Caj^tains, Lieutenants and Ensigns, by the Committee of their respec-
tive Counties; and the Committees shall certify the Names of the
Officers so elected to the Provincial Council that Commissions may
issue accordingly.

That the Colonel or commanding Officer in each County have
power to#order two General Musters in every year and that the
Captains shall muster their companies once a month; the Officers
and Soldiers being subject to the same Fines and punishments for
non attendance, &c% at these Musters as are directed by Law for
regulating the Militia.

That an Adjutant be appointed by the Field Officers of each
County who shall attend every General and private muster of his
said county, and shall be paid Eight Shillings per day for every day
he attends, to be certified by the commanding officer of their i-espec-
tive regiments or companies.

That the Committees of Safety in their respective districts, upon
any emergency, have power to order the INIilitia into service, their
power to cease, however, in this respect as soon as the provincial
Council shall meet and issue orders, and that in other respects the
Militia be regulated by the Law for that purpose provided, except
wherein it is or may be contradictory to the Resolutions of the Con-
gress.

And provided also that every public ferry keeper shall set over
ferry free every person who sliall attend Musters as JNIilitia or Minute

COLONIAL RECORDS. 201

Men, at all such times as they shall be called upon by their respec-
tive Officers.

The Order of the day that was referred to a Committee of the
■ndiole house was laid over till to-morrow.

Resolved, That Mr. Johu Ashe be allowed four pounds for so
much advanced by him to Stephen Jackson, a messenger appointed
by the Congress to take and bring in custody James Cotton and
others before this Congress.

The Congress then adjourned till To-morrow jNIorning 9 "Clock.

Friday, September 8"", 1775.

The Congress met according to adjournment.

Resolved that Mr. AVillie Jones, Mr. Burke, Mv. Thomas Person
and Mr. Long be a Committee to state and settle Mr. James Davis'
Account for services done as printer to this province.

Mr. Hooper laid before the house an Address to the Inhabitants
of the British Empire; and the same being read, was unanimously
received, and is as follows, viz,

Fkiexds and Fellow Citizens,

"The fate of the contest which at present subsists between these
American Colonies and the British Ministers who now sit at the
helm of i^ublic affairs, will be one of tlie most imj^ortant Epochs
which can mark the Annals of the British history. Foreign Nations
with anxious expectation wait the result, and see with amazement
the blind infatuated Policy which the j^resent Administration pui'-
sues to subjugate these Colonies, and reduce them from being loyal
and useful Subjects to an absolute dependance and abject Slavery,
as if the descendants of those Ancestors, who have shed Rivers of
Blood and expended JMillions of Treasure, in fixing upon a lasting
foundation the Liberties of the British Constitution, saw with envy
the on:e happy .state of this Western Region, and strove to exter-
minate the patterns of those Virtues which shone with a Lustre
which bid fair to Rival and Eclipse their own.

"To enjoy the Fruits of our own honest Industry; to call that our
own which we earn with the labour of our hands and the sweat of
our Brows; to "regulate that internal j^olicy bj' which we and not
they are to be affected ; these are the mighty Boons we ask. And
Traitors, Rebels, and every liarsli appellation that Malice can dictate
or the Virulence of language express, are the returns which Ave

202 COLONIAL RECORDS.

receive to the most humble Petitions and earnest supplications. AVe
have been told that Independance is our object; tliat we seek to shake
off all connection witla the parent State. Cruel Suggestion ! Do not
all our professions, all our actions, uniformly contradict this?

" We again declare, and we invoke that Almight}' Being who
searches the Recesses of the human heart and knows our most secret
Intentions, that it is our most earnest wish and prayer to be restored
with the other L'^nited Colonies, to the State in which we and thej^
were placed before the year 1763, disjiosed to glance over any Regu-
lations which Britain had made previous to this, and which seem to
be injurious and oppressive to these Colonies, hoping that at- some
future day she will benignly interpose and remove from us every
cause of complaint.

"Whenever we have departed from the Forms of the Constitution,
our own safety and self preservation have dictated the expedient; and
if in any Instances we have assumed powers which the laws invest
in the Sovereign or his representatives, it has been only in defence
of our persons, properties and those rights which God and the Con-
stitution have made Unalienably ours. As soon as the cause of our
Fears and Apprehensions are removed, with joy will we return these
powers to their regular channels; and such Institutions formed from
mere necessity, shall end with that necessity that created them.

" These expressions flow from an affection bordering upon devotion
to the succession of the house of Hanover as by law established,
from Subjects who view it as a Monument that does honor to human
nature; a Monument capable of teaching Kings how glorious it is to
reign over a free People. Those are the heart felt effusions of Men
ever ready to spend their Blood and Treasure when constitutionally
called upon, in support of the Succession of His Majesty King George
the third, his Crown and dignity, and who fervently wish to Trans-
mit his Reign to future ages as the Ord of common happiness to his
people. Could these our Sentiments reach the Throne, surely our
Sovereign would forbid the horrors of War and desolation to intrude
into this once peaceful and happj' Land, and would stop that deluge
of Iiuman Blood which now threatens to overflow this Colonj^, Blood
too precious to be shed but in a common cause against the common
enemy of Gireat Britain and her sons.

"This declai-ation we hold forth as a Testimony of Loyalty to our
Sovereign, and Affection to our parent State, and as-a sincere earn-
est of our i^reserit and future intentions.

COLONIAL RECORDS. 203

"We liope hereby to remove those impressions which have been
made by the representations of weak and wicked men to tlie preju-
dice of this Colonj^ who thereby intended that the rectitude of our
designs might be brouglit into distrust; and sedition, Anarcliy, and
confusion, spread through this loyal province.

" We have discharged a duty which we owe to the world, to our-
selves and posterity ; and may the Almighty God give success to the
means we make use of so far as they are aimed to produce just, law-
ful, and good purposes, and the Salvation and happiness of the
whole British Empire."

Resolved, That the Treasurers, or either of them, draw on the
Continental Treasurer, out of the sum directed to be drawn out of
the Continental Funds for the use of the Army five hundred pounds
for each of the three delegates appointed to attend the Continental
Congress in behalf of this province, instead of the like sum ordered
to be paid them out of the Provincial Treasury'.

Resolved, That the Continental Troops to be raised in this province
be kept in pay three months, unless the provincial Council should
judge it necessary to continue them longer; and the said Cmincil are
empowered- to disband them at any time before or after the term of
three mouths, when they shall judge that the'r service is unneces.-rary.

Mr John Walker is appointed Captain of a company in the Hills-
borough district, in the room of Mr John Williams who resigned.

Resolved, That the recruiting officers of the Continental Army, to
be raised in this province advance to each non commissioned officer
and soldier, who shall be enlisted forty shillings in part of his first
Month's pay; That ten shillings be allowed to each Captain, Lieu-
tenant or Ensign, for every man which they shall respectivel}' enlist
and enrol as a Soldier in the said Service, as a full compensation for
their Expenses in recruiting tlieir men.

Resolved, That Samuel Johnston, E,squire, be, and is hereby
appointed Treasurer for .the Northern district, and Richard Cas-
well, Esciuire, be and is hereby appointed Treasurer for tlie South-
ern district; which said Treasurers respectively are invested with
the same powers and Authorities, and infilled to the same Emolu-
ments, and liable to the like Fine,s, Penalties, and Forfeitures, as
Treasurers were by an A ct of Assembly of this province, passed in
the Year 1 773, intituled An Act for appointing public Treasurers,
and directing their duty in Office. Ami that each of them before

204 COLONIAL RECORDS.

they eater on the Execution of the said Office, shall give Bond and
sufficient Security, in the Sum of Fifty thousand pounds proclama-
tion money to the provincial Council.

, Mr Farquard CamiDbell and Mr King have leave to absent them-
selves from the services of this Congress.

Mr Caswell informed the Congress that as they had done him the
honor of appointing him Treasurer of the Southern district of this
province, and one of the Signers of the Public Bills of Credit, his
attending those duties would render it entirely out of his power, to
attend the Continental Congress as one of the Delegates of this
Province; he therefore requested this Congress would be pleased to
appoint some other Gen'tleman in his stead.

Whereupon it is Resolved, That John Penn, Esquire, be and he
is hereby appointed a Delegate in behalf of this Province, in Con-
junction with William Hooper, and Joseph Hewes, Esquires, and
that he be invested with the same powers, and entitled to the same
Allowance, that the said Richard Caswell would have been vested
with, and intitled to, under a former resolution of this Congress.

Resolved, that the Secretary, as soon as this Congress rises, deliver
the Journals to Mr James Green, who is directed to Transcribe a
fair Copy immediately, and deliver it to Mr. James Davis, who is
desired to j^rint the same and send a copy to each of the Members
of this Congress as soon as j^ossible.

Mr Wade laid before the Congress a Letter from John Coulson
with a Recantation and Association entered into and signed by a
number of the people called protestors with which the house is
satisfied.

The Congress Adjourned till Tomorrow Morning 6 "Clock.

Saturday September 9"' 1775.

The Congress met according to Adjournment.

The house taking into Consideration the Appointment of the
Field Officers of the Minute Men, came to. the folio-wing Resolution:

Resolved, That the following persons be appointed, to wit,

Edenton District — Edward Vail, Colonel ; Andrew Knox, Lieut.
Colonel; Caleb Nash, Major.

Halifax District — Nicholas Long, Colonel; Henry L'win, Lieut.
Colonel ; Jetliro Sumner, Major.

Salisbury District — Thomas Wade, Colonel ; Adlai Osburn, Lieut.
Colonel; Joseph Hardin, Major.

COLONIAL RECORDS. 205

Hillsboro District — Jones Thackston, Colonel; John Williams,
Lieut. Colonel ; James Moore, Major.

New Bern District — Richard Caswell, Colonel; William Bryan,
Lieut. Colonel ; Jones Gorham, Major.

Wihnington District — Alexander Lillington, Colonel; Robert
Ellis, Lieut. Colonel ; Samuel Swann, Major.

And that the following persons be Field Officers of the Militia.

Currituck County ^ Samuel Jarvis, Colonel; Dennis Dauge,
Lieut. Col"; Taylor Jones, first Major; John Nicholson, second
Major.

Pasquotank County — John Lowery, Colonel ; Isaac Gregory
Lieut. Colonel ; Demsey Burgess, Major ; Joshua Campbell, second
Major.

Perquimons County — Miles Harvey, Colonel ; AVilliam Skinner,
Lieut CoP ; Thomas Harvey, first Major ; Richard Clayton, second
Major.

Chowan County — Thomas Bonner, Colonel ; James Blount, Lieut
CoP; Thomas Benbury, first Major ; '.Jacob Hunter, second Major.

Bertie County — Thomas Wliitmill, Colonel ; Thomas Pugh, Lieut
CoP ; James Moore, first Major ; Arthur Brown, second Major.

Hertford County — Benjamin Wynns, Colonel; Matthias Brickie,
Lieut CoP; Lawrence Baker, first Major; George Lyttle, second
Major.

Tyrrel County — Edward Buncombe, Colonel ; Benjamin Blount,
Lieut CoP; James Long first Major; Joseph Spruill, second Major.

Martin County —William Williams, Colonel; Whitmill Hill,
Lieut Col° ; Thomas Wiggins, first Major ; Kenneth MTvinzie, second
Major.

Halifax County — John Bradford, Colonel ; William Alston, Lieut
CoP, David Sumner, first Major; Egbert Haywood, second Major.

Northampton County — Allen Jones, Colonel ; William Eaton,
Lieut CoP ; Jeptha Atherton, first Major ; Howell Edmunds, second
Major.

Edgecombe County — William Haywood, Colonel; Sherwood
Haywood, Lieut CoP; Joseph Moore, first Major; Henry Home,
second Major.

Bute County — William Person, Colonel; Phil. Hawkins, Lieut
CoP; William Alston, first Major ; Thomas Sherwood, second Major.

An.son County — Samuel Spencer, Colonel; Charles Medlock,
Lieut CoP; James Auld, first Major, David Love, second Major.

206 • COLONIAL RECORDS.

Mecklenburg County — Thomas Polk, Colonel ; Adam Alexander,
Lieut Col" ; John Phifer, first Major ; John Davidson, second Major.

Guilford County — Ransom Sutherland ; Colonel; .James Martin,
Lieut Col"; John Paisley, first Major; John Tate, second Major.

Tryon County — AVilliam Graham, Colonel; Charles Maclaine,
Lieut Col°; Thomas Beaty, first Major; Fred'k Hambright, second
Major.

Surry County — Martin Armstrong, Colonel; Joseph Williams,
Jjieut Col"; William Hall, first Major; Joseph Winston, second
Major.

Rowan County — Griffith Rutherford, Colonel; Francis Locke,
Lieut. Col°; John Ddbbin, first Major; James Brandon, second
j\Iajor.

Craven County — Joseph Leech, Colonel ; John Bryan, Lieut. Col" ;
John Benners, first Major; Fred'k Becton, second Major.

Carteret County — William Thomson, Colonel; Solomon Shepherd,
Lieut. Col"; Thomas Chadwick, fir.st Major; Malichi Bell, second
Major.

Beaufort County — James Bomer, Colonel; Thomas Bomer,
Lieut. Col°; Roger Ormond, first Major; William Brown, second
Major.

Hyde County — Rotheas Latliam, Colonel ; Benj* Parmerlin, Lieut.
Col°; William Russell, first Major; Thomas Jones, second Major.

Johnston County — Needham Bryan, Colonel; William Bryan,
Lieut. Colonel ; John Smitli, first Major ; Samuel Smith, Jun"', second
Major.

Dobbs County — Abraham Sheppard, Colonel; Thomas Torrans,
Lieut. Colonel ; Martin Caswell, first Major ; W" McKinnie, second
^lajor.

Pitt County — John Simpson, Colonel; Robert Salter, Lieut. Colo-
nel; George Evans, first Major; James Armstrong, second Major.

Brunswick County — John Davis, Colonel ; Thomas Davis, Lieut.
Colonel; Rich* Quince, Jun', first ]\Lijor; Parker Quince second
Major.

Onslow County — William Cray, Colonel ; Henry Rhode.s, Lieut.
Colonel; Thomas Johnston, first Major; James Howard, second
Major.

Duplin County — James Kenan, Colonel; Richard Clinton, Lieut.
Colonel ; Thomas Routledge, first Major ; James Moore, second
Major.

COLONIAL RECORDS.

•207

Cumberland County — Thomas Rutherford, Colonel; Alex'
McAllister, Lieut Colonel, Duncan M'Xeill, first Major; Alex'
]\PDonald, second Major.

Newhanover Couuty — William Purviauce, Colonel; Sampson
Moseley, Lieut Colonel ; William Moseley, first Major; John Devane,
second Major.

Bladen Count}' — Thomas Robeson, .Jun', Colonel ; Thomas Brown,
Lieut Colonel ; Thomas Owens, first Major ; .James Richardson, second
Major.

Orange County — John Hogan, Colonel; John Butler, Lieut
Colonel; Will™ Moore, first Major; Nath' Rochester, second Major.

Granville County — Jo.seph Taylor, Colonel; Charles R. Eaton,
Lieut Colonel; Samuel Smitli, first Major; William Williams, sec-
ond Major.

Wake County — John Hinton, Colonel; Theophilus Hunter,
Lieut < olonel ; John Hinton, Jun', first Major; Thomas Hines,
second Major.

Chatham County — Ambrose Ramsey, Colonel ; .Jeduthan Harper,
Lieut Colonel ; Mial Scurlock, first Major ; Elisha Cain, Second
Major.

And the Proportion of the Minute ]\Ien to be raised in each
County is as follows, viz,

Currituck,

one Company.

Craven,

two Companies,

Pasquotank,

one

Carteret,

one

Perquimans,

one

Beaufort,

one

Chowan,

two

Hyde,

one

Bertie, ,

■ two

Johnston,

one

Hertford,

one

Dobbs,

three

Tyrrell,

one

Pitt,

one

Martin,

one

Brunswick,

one

Halifax,

three

Onslow,

two

Xorlliampton,

two

Duplin,

two

Edgecombe,

three

Cumberland,

one

Bute,

two

New Hanover

two

Anson,

two

Bladen,

two

Mecklenbui-g,

two

Orange,

three

Try on,

two

Granville,

three

Guilford,

one

Wake,

two

Surry, '

one

Cliatham,

two

Rowan,

two

208 COLONIAL RECORDS.

Resolved, That on the death, Refusal to act or Removal out of
the Province of any of the Officers appointed or hereafter to be
appointed for the Minute i\Ien, that the Committee of Safety for the
district shall appoint some person or persons to supply the place
of such Officer or Officers.

The Congress adjourned till 10 "Clock.

Saturday 10 "Clock.

The Congress met according to Adjournment.

Agreeable to the Order of the day, the House Resolved itself into
a Committee of the whole house to take into Consideration the report
of the Committee appointed for the jiurpose of preparing a plan for
the Internal Peace, Order and Safety of this Province, and made
choice of Mr William Kenan, Chairman, and after some time .spent
therein, Mr. President resumed the Chair, and the Chairman
reported as follows, viz',

Resolved, That it be recommended to the Congress to appoint in
each district of this Colony a Committee of Safet}^ to consist of a
president and twelve other Members, who shall sit every three
Months at the principal Towns witliin their respective districts, viz',
Wilmington, New Bern, Edenton, Halifax, Hillsborough and Salis-
bury, and as often at other times within their respective districts as
they may judge expedient and necessary; and shall under the Con-
troul of the provincial Council hereinafter mentioned, direct the
operations of the Militia and such other Forces as are and may be
employed for the safety, protection and defence of this Colony,
within their Respective Jurisdictions, and receive Informations and
censure and punish delinquents either in the first In.slancc, or as a
Superintending power over the Town and County Committees, such
Committees of Safetj^ to be Elected in Congress by Ballot by the
Members of the respective districts.

That it be recommended as aforesaid to Elect by Ballot Thirteen
persons, two to be named by the Members of each district and one
by the Congress, who shall be stiled the Provincial Council ; and
they or a IMajority of them shall certify the Appointment of Officers
in the Army during the recess of Congress and fill up "\''acancics,
and grant Certificates which shall be in the following form ^"iz' :

COLONIAL RECORDS. 209

North Carolina,

Li Provincial Council,

This is to Certify That was appointed (Captain

Lieutenant or Ensign, as the case may be, of Cap'

Company) in the Regiment of Foot of the American Army of

this Province commanded by CoP this daj-

of 1775.

That the Qualification and Test to be taken by Members of the
Congress shall also be taken by Members of the Provincial Council
and Committees of Safety, before they be allowed to Act.

That the Provincial Council or a Majority of them, as aforesaid,
shall be vested with full power to suspend any Officer in the Army
or Militia when they shall deem it necessary for the public Service
and shall within thirty days after such Suspensions order a Regi-
mental Court Martial to sit for the trial of such Officer, the sentence
of such Court Martial to be final, unless otherwise determined by
the Congress.

That the Provincial Council, and the Committees of Safety, in
Subordination thereto shall have the direction, Regulation, Main-
tenance and Ordering of the Army and of all Mihtary establish-
ments and Arrangements subject however to the Controul of the
Congress.

That the Provincial Council shall have full power to call for the
Militia as in cases of Alarms and to carry the Acts of Assembly now
or lately in force with respect to the Militia into Execution ; and
shall liave Authority to reject such Officers chosen Ijy the people as
they shall disapprove; to remove Officers upon Complaint, to fill up
A^acancies, and to make out appointments for such as shall have
their approbation.

That in general the provincial Council be empowered to do and
Transact all such matters and things as they may judge expedient
to strengthen, secure and defend the Colonj^, so as the same shall
not extend to altering or su.spendiug any Act or Resolution of the
Congress.

That tlie said Council be empowered and authorized to draw on
the Treasury for all sums of money necessary for the public service,
specifying for what particular Service each sum of money shall be
applied, for which they shall be accountable to this Congress.

VOL. X — 14

210 COLONIAL RECORDS.

That the Provincial Council shall meet at Johnston Courthouse
on the third Tuesday in October next and once every three months,
or oftener if necessar}', at that or such other places as they may
think proper; and may adjourn from time to time as they may judge
expedient.

That the members of the Provincial Council shall be allowed for
their Expences in travelling to, from and attending at the Council on
the Public Service ten shillings per day, and also for their Feriiages.

That in case of a Vacancy in the said Council, during the recess
of the Congress, the members of the Committee of Safety of the
district wherein such Yacancj^ shall happen, shall nominate some
l^roper person to fill up such Vacancy to be chosen by Ballot.

That no person holding a Military Office, from -which he receives
or expects profit, or any person holding a lucrative Office under any
"of the Military Commanders in particular or the Array in general,
shall be capable to act as a member of the Provincial Council, or of
any of the Committees of Safety or a representative of the people
in Congress (Officers and Commanders of the Militia onlj' excepted).

That a ]\Iajority of the Members of each of the Committees of
Safety be a Quorum.

That the Provincial Council and the Committees of Safety in their
respective districts shall have full power and Authority to compell
all debtors who are Suspected of an Intention to remove themselves
out of this Colony (such Suspicion being first Sworn to before such
Council or Committee) to give Security to their Creditors, and in
default thereof, to cau.se the persons or Effects of sucli debtors at
the Option of the Creditors to be seized and safely kept until such
security be given, or the Creditors otherwise satisfied ; and that the
County Committees have the same power to grant remedies in like
cases in all demands of Twenty pounds and under, and the Com-
mittees of Safety shall also have power and authority to call all
persons liable for public Monies to Account and by distress of their
Estates and Imprisonment of persons to compel payment thereof,
to the end that the Treasury may be supplied with money for the
present Exigencies of the Colony, without Burthening tlie people.

That the power of the different Committees of Safety and the
Provincial Council shall continue during the recess of the Congress,
and until it shall be otherwise determined therein: and tliat all
the proceedings of the said Committees of Safety and Provinci 1
Council shall be laid before the Congress for tlieir Inspection.

COLONIAL RECORDS. 211

That on the third Tuesday in October in every year the Free-
liolders in each County throughout this province, shall meet at the
Court liouse of such County, and in the presence of three inspectors,
to be appointed by the Count}' Committee or Candidates or any
two of such inspectors shall proceed to choose any Number of Persons
not exceeding five, to represent them in Congress for one year; in
the same manner, and under the same regulations and restrictions
as near as may be, as directed by an Act of Assembly of this Prov-
ince, intituled an Act to Regulate Elections.

And at the same time the Freeholders in each town wliich hath
usually been represented by a Member in the General Assembly, or
such other Persons as are by Law intitled to vote for j\Iembers of
Assembly shall also in like manner in presence of three Inspectors
to be appointed by the Town Committee, elect a Member to repre-
sent them in Congress under the same rules and regulations, as
near as may be, as have been usually observed in electing Members
to sit and vote in General Assembl3^

And the Person or Persons wlio shall appear to have t!ie greatest
Number of Votes shall b}' the Secretary of the Committee be
returned duh' Elected to serve in Congress.

Provided, That nothing in the above resolve shall be deemed to
Alter the Mode of voting observed in this and the last Congress, by
Counties and Towns. And provided likewise that no returning
Officer shall be admitted to sit and Vote-in Congress.

And whereas a great part of the Lands situate in that part of Lord
Granville's Territoi'ies comprehended in tlie counties of Bute, Gran-
ville, Wake, Chatha.n, Orange, Guilford, Rowan, Surry and also
Mecklenbuig Count}", have been long settled by substantial In-
habitants who have not been able to acquire legal Titles of Free-
liold to their Land yet ought of right to have votes in all Elections,

Resolved, Tliat all liousc holders in the said counties who have
improved Lands in possession, except such as hold land by lease for
years or at Will, from or under any Freeholder shall vote in all
Elections for the said Counties in like manner as Freeholders in the
other counties in this province, anything in the aforegoing resolu-
tion to the contrary notwithstanding.

That the Secretary or Clerk of each respective Committee shall
give notice of each annual Election at the most public places Avithin
their respective County and town, at least twenty days before the
time of such Election.

212 COLONIAL RECORDS.

That the Congress of this Colony shall be annually held, on the
tenth day of November, at such place as the preceeding Congress
shall agree, unless for special reasons otherwise directed by the
provincial Council; and the said Council shall ascertain the time
of holding the next Congress.

That the Delegates so elected and qualified -when met in Congress
shall before they enter upon any Public Business, in the presence of
at least three Members of the Provincial Council, repeat and sub-
scribe the following Test, to wit:

"We the subscribers professing our Allegiance to the King and
Acknov.'ledging the Constitutional executive power of Government,
do solemnly profess testify and declare, that Ave do abs-^lutely believe
that neither the Parliament of Great Britain, nor any Member or
Constituent Branch thereof, hath a right to impose Taxes upon these
Colonies or to regulate the internal police thereof, and that all attempts
by fraud or force to establish and Exercise such claims and powers
are violations of the peace and security of the iseoj^le, and ought to
be resisted to the Utmost and that the people of this province, siiiglj^
and collectively, are bound by the Acts and Resolutions of the Con-
tinental and jirovincial Congresses because in both they are freelj^
represented by j^ersons chosen by themselves; And we do solemnly
and sincerely promise and engage, under the sanction of Virtue
honor, and the sacred Love of Liberty and our country, to maintain
and support all and every the Acts, Resolutions, and Regulations of
the said Continental and provincial Congresses to the utmost of our
power, and Abilities. In Testimony whereof We have hereunto set
our hands this day of 177--.

That there be in each County a Committee of not less than twenty
one persons who shall be Freeholders, a majority of whom shall be
a Quorum.

That there be in each, of the Towns of Edenton, New Bern and •
Wilmington a Committee to consist of fifteen persons, and in every
other Town in this Colony liaving a right of representation a Com-
mittee consisting of seven members qualitied as before mentioned ;
the majority of the said Town Committees respectively to be a
Quorum.

That every person having a right to vote for delegates to sit in
Congress, shall have a right to vote for Committeemen.

COLONIAL RECORDS. 213

That the Electors before they shall be suffered to vote, and the
Elected before they shall sit and act, shall swear if required to their
Qualification.

That there be a new Election of Committees yearly, on the day
fixed for electing delegates to sit in Congress, and the same mode
shall be pursued in electing Committee men as delegates.

That the Committee of every Town in this Colony may Act in
conjunction and be consolidated with the Committee of the County
in which it is situated.

That every County and Town Committee shall meet on the first
day of their respective Courts, at their several Court houses, or such
other place as -they may think proper, and as much oftencr as they
may judge necessary'.

That the different Committees within their respective .Jurisdic-
tions shall execute all such Orders as may be received by them from
the Committees of Safety, and the Provincial Council ; shall super-
intend the observance of the General Association, And the Resolves,
Orders, and directions of the Continental and Provincial Congresses.

That each Town and County Committee maj^ make such further
Rules and Regulations, within their respective districts as to them
shall appear necessary, so that they do not presume to inflict Cor-
poi'al punishment on any Offender whatsoever, imprisonment only
excepted.

That no person in this province shall presume to Commeiace any
Action whatsoever, in any Court of Law or before any Magistrate in
this province, from and after the tenth day of September Instant,
without Application to and leave from the Committee of the County
in wliich liis Debtor resides, nor shall any Suit then depending be
proc'eeded on without the Approbation of such Committee. But
Execution shall not hereafter issue in any Case whatever, till the
provincial Congress shall make further Order therein.

That all Sales by virtue of Mortgages and Letters of Attorney,
ai'e comprehended within the intent and meaning of the foregoing
Resolve.

That the resj^ective Town and County Committees shall imme-
diately after their Nomination and Qualification, elect by Ballot out
of their own Members seven Persons, to Act as a Committee of
Secrecy, Intelligence and Observation, who shall correspond, with
the Provincial Council, the Committees of Safety and the other
Committees in this and the Neighbouring Colonies, and shall have

214 COLONIAL RECORDS

power to take up and Examine all suspected Persons, and if neces-
sary, send them to the provincial Council or the Committees of
Safety for their respective districts.

Then, on Motion, Resolved, The foregoing Report be concurred
with.

The Committee appointed to settle j\lr. James Davis's Accounts,
reported as follows, viz':

Your Committee are of Opinion that the Charge of Seven hundred
and fifty pounds Salary for three years if due, is a charge against a
particular Fund, which the Treasurers appointed by Act of Assem-
bly are Accountable for; that tlie other charges are for Services
done for the public, which that Salary was originally intended to
Compensate and for which your Committee think is sufficient Satis-
faction, because the same Individuals constitute the jjublic, whether
rej)resented in Assembly or Congress.

In Congress, Concurred with.

Resolved, That a Sum not exceeding one thousand pounds, be
advanced by either of the Treasurers to Mr. Willie Jones, one of the
Superintendants appointed for the Southern District by the General
Congress, to be laid out in part or in the whole at his discretion in
presents to the Indians and for his own Expences, and that he be
accountable as aforesaid to this Congress.

Resolved, That the following Persons be a provincial Council,
to-wit :

The Honble Samuel Joluiston Esquire, Cornelius Harnett, and
Samuel Ashe, Escjuires, For the district of Wilmington.

Thomas Jones and Whitmill Hill Esquires, For the district of
Edenton.

Abner Nash and James Coor Esquires, For the district of New
Bern.

Thomas Person and John Kinchcn Esquires, For the district of
Hillsborough.

Willie Jones and Thomas Eaton Esquires, For the district of
Halifax.

Samuel Spencer and Waightstill Avery Esquires, For the district
of Salisbury.

Resolved, That the Committees of Safety for the several districts
in this Province be composed of the following persons, to v,-it,

For the district of Wilmington — Frederick Jones, Sampson Moseh',
Archibald Maclaine, Richard Quince, Thomas Davis, William Cray,

COLONIAL RECORDS. 215

Henry Rhodes, Thomas Routledge, James Kenan, Alexander Mc-
Alister, George Mjdne, John Smith and Benjamin Stone.

For the district of Edenton — I^uke Sumner, William Gray, John
Johnston, Thomas Benbury, Gideon Lamb, Joseph Jones, Miles Har-
vey, Lawrence Baker, Kenneth INIcKinzie, Stevens Lee, Charles
Blount, Isaac Gregory and Day Ridley.

For the district of Hillsborough — William Taylor, Joseph Taylor,
Samuel Smith, John Atkinson, John Butler, William Johnston, John
Hinton, Joel Lane, Michael Rogers, Ambrose Ramsey, Mial Scur-
lock, John Thompson and John Lark.

For the district of New Bern — John Easton, Major Croom, Roger
Ormond, Edwaid Salter, George Barrow, William Thomson, William
Tisdale, Benjamin Williams, Richard Ellis, Richard Cogdell, Will-
iam Brown, James Glasgow and Alexander Gaston.

For the district of Salisbury — John Crawford, James Auld, Heze-
kiah Alexander, Benjamin Patten, John Brevard, Grifiith Ruther-
ford, William Hill, .John Hamlin, Charles Galloway, William Dent,
Robert Ewart and j\Iaxwell Chambers.

And for the district of Halifax— James Leslie, John Bradford,
David Sumner, Allen Jones, William Eaton, Drury Gee, John Nor-
wood, the Rev* Henry Pattillo, James Jvlills, William Bellamy, Will-
iam Haywood, Duncan Lamon and John Webb.

The Congress adjourned till To-morrow Morning 6 "Clock.

Sunday, September lO"', 1775.

The Congress met according to Adjournment.

Whereas, the Independent Companies now suljsisting in this
Province may probably interfere witli the regulars and Minute
Service,

Resolved, That the same be and they are hereby dissolved, but
any Person or Persons, after the Regular and Minute Men are com-
pleted, may, with leave of the Committee of the County wherein he
or they reside, form an Independent Companv or Companies, subject
to the regulations of such Committee.

Resolved, That it be recommended to such of tlie Inhabitants of
this Province as may not be provided with Bayonets to their Guns
to procure the same as soon as possible, and be otherwise provided
to turn out at a minute's warning.

Whereas the Majestrates nominated in the last Commission of peace
issued bv his Fxcellencv for the Countv of Pitt liave refused to

216 COLONIAL RECORDS.

Qualify, for motives laudable in themselves, but since it is absolutely
necessary that Courts should be held in every County for the Probate
of Deeds, Wills, granting Administrations, Guardianships, &c'.

Resolved, That it be, and is hereby recommended to the Majes-
trates in the said Commission mentioned, to Qualify and hold Courts
under the same.

The Congress taking into Consideration the Encouragement of
Manufactures within this Province, entered into the following Reso-
lutions viz'

Resolved, That the sum of twenty five pounds be paid^ for every
hundred weight of good Merchantable Saltpetre, that shall be made
and Manufactured in this province and delivered to the Provincial
Council within the space of six months from this time, and that
the sum of Twenty pounds be paid for every hundred weight of
good Merchantable Saltpetre, that shall be made and manufactured
in this province and delivered to the said Council within six months
nex^t following and so in proportion for any greater Quantity.

Resolved that the sum of two hundred pounds be paid for the
first five hundred weight of good Merchantable Gunpowder, equal
in goodness to Gunpowder imported from Great Britain at the
price of Eighty five Shillings Sterling per hundred weight, that
shall be made and manufactured *vithin this Province, and delivered
to the provincial Council within the space of six months from this
time and that the Sum of one hundred and fifty pounds be paid
for the second five hundred Weight of good Merchantable Gun-
powder that shall be made and manufactured in this Province and
delivered to the said Council within twelve months next following
and so in proportion for any greater Quantity.

Resolved that a premium of two hundred and fifty pounds be
given to the first person who shall erect and build a rolling and
slitting mill for the purpose of preparing Iron to make Nails, and
which Mill shall be actually set to work and five Tons of Iron Slit
out within this Province, and approved of by the Provincial Coun-
cil, within two Years from this time; and that the sum of two
hundred pounds be given to the Person who shall erect and Build
a second Rolling and Slitting Mill, for the purposes aforesaid, and
which mill shall be actually set to work and five Tons of Iron Slit
out within this Province, within two years from this time.

Resolved, That a Premium of Fifty pounds be given to the per-
son who shall first make in a workmanlike maimer fifty pair of

COLONIAL RECORDS. 217

Cotton Cards of AVire made and drawn in this Province equal in
goodness to Cotton Cards imported from Great Britain of the price
of two Shillings Sterling per pair; also the like premium to the
person who shall iirst make in a workmanlike manner, one hun-
dred pair of AVoolen Cards equal in goodness to "Woolen Cards
imported from Great Britain of the price of fifteen pence Sterling
per pair, the same to be delivered to and approved of by the pro-
vincial Council, within Twelve Months from this time.

Resolved, That a premium of fifty pounds be given to the first
person wlio shall make in a workmanlike manner twenty five dozen
pinns, each dozen to contain twelve thousand of Wire drawn in the
province to be equal in 'goodness to pinns imported from Great
Britain of the i^rice of seven shillings and sixpence Sterling p r
dozen, the same to be delivered to and approved of by the provincial
Council within twelve months from this time.

Resolved, That a premium of Fifty pounds be given to the first
person who shall make in a workmanlike manner, twenty five thou-
sand Xeedles, sorted, such as are had from Great Britain from
Number one to Number twelve inclusive, to be equal in goodness to
Needles imported from Great Britain of the price of two shillings
and six pence Sterling per thousand; the same to be delivered to
and approved of by the provincial Congress within twelve months
from this time.

Resolved, That a premium of One hundred pounds be given to
the first person who shall erect and build a Furnace for manufac-
turing of good Merchantable Steel equal in goodness to Bristol Steel,
and which Furnace shall be actually set to work, and one Ton of
good Merchantable Steel as aforesaid, at least be produced to the
provincial Council and approved of by the said provincial Council
within eighteen months from this time ; and that the sum of twenty
five pounds be given to the person vrho shall erect and build a
second Furnace for manufacturing good and Merchantable Steel
equal in goodness to Bristol Steel, and which Furnace shall be
actually set to work and one Ton of good ^Merchantable Steel as
aforesaid, at least l)e produced to the provincial Council, and
approved of by the said Council within the time aforesaid.

Resolved, That a premium of two hundred and fifty pounds be
given to the first person who shall erect and build a mill for manu-
facturing of Brown, whited Brown, and good writing paper, and
which mill shall be actually set to work, and thirty Reams of Brown,

218 COLONIAL RECORDS.

thirty Reams of whited Brown, and thirty reams of writing paper,
at least be produced to the provincial Council, and approved of by
the said Council witliin eighteen months from this time; the Brown
paper to be of equal goodness to Brown paper imported from Great
Britain of the price of two Shillings and six pence Sterling per Ream,
the whited Brown equal in goodness to whited Brown paper impor-
ted of the price of three Shillings Sterling per Ream, and writing
paper equal in goodness as aforesaid to Eight Shillings Sterling per
Ream.

Resolved, Tliat a premium of Fifty Pounds be given to the per-
son, who shall produce to the provincial Council the finest piece of
linen to contain twenty-five yards at least, no less than one yard
wide, and not of less value than imported Linen of the price of
three shillings sterling per yard, being the first cost in Great Britain,
the same to be produced to the said Council and approved of within
twelvemonths from this time; And tliat the sum of twenty five
pounds be given to the person who shall produce to the said Coun-
cil, the next best piece of Linen of the same length and width, and
not of less value than imported Linen of the price of two shillings
and six pence sterling per yard, being the first cost in Great Britain;
tlie same to be produced to the said Council and approved of within
the time aforesaid. And that the sum of twenty pounds be given
to tlie person who shall produce to the Council the third best piece
of Linen, of the same length and Vt'idth, and not of less value than
imported Linen of the price of two shillings sterling per yard being
the first cost in Great Britain; the same to be produced to the said
Council and approved of within the time aforesaid.

Resolved, That a pren:iium of one hundred pounds, be given to
the person who shall produce to the provincial Council six pieces of
woolen cloth, well dressed, each piece to contain twenty five yards
at least, not less than three quarters of a yard wide and not of less
value than imported cloth of the price of four shillings and six
pence sterling per yard, being the first cost in Great Britain the
same to be produced to the said Council and approved of within
twelve months from this time.

Resolved, That a jn-emiura of seven hundred and fifty pounds be
given to any Person who shall erect and build prober works for
Manufacturing common Salt on the sea shore for the purpose of sup-
plying this province with that useful Article upon proper proof be-
ing made for the provincial Council that such Works are actually

COLONIAL RECORDS. 219

erected and proper for the purpose, aud at the same time produce to
the said Council fifty Tons of good Merchantable ground or blown
Salt within eighteen months from this time.

Resolved, That a premium of one hundred pounds be given to
the person, who shall refine the greatest ciuantity of Sulphur, in
such manner so that the same may be used in the making and
manufacturing of Gun Powder wlio shall produce the same to the
provincial Council within eighteen months from this time; and that
no person shall be entitled to the above premium unle.ss he produces
before the said Council one thousand Weight of the said Sulphur.

Resolved, That a Premium of five hundred pounds be given to
any person who shall erect and build a Furnace for Manufacturing
good ]\Ierchantable Pig Iron and hollow Iron ware, and other arti-
cles necessary for the use of the Inhabitants of this Province to be
l^roduced to tlie provincial Council within two years from this time;
and also full proof must be made to the said Provincial Council that
such furnace actual!}- is erected and proper for the above mentioned
purpose.

Resolved, That each and every person who shall entitle him or
herself to any of the said Premiums and who shall have obtained
a certificate of the same under the Hands aud Seals of the Provin-
cial Council or a Majorit}- of them, and upon such certificate or
certificates being produced to any one of the Treasurers of this
Province, the sum expressed in such certificate or certificates shall
be immediately paid by such Treasurer.

The Congress resumed the Consideration of the Report of the
Committee to state the public funds.

Resolved, the Consideration of the said Report, lie over to the
next Congress.

Resolved, That, Mr. Richard Caswell, Mr. James Davis, and Mr.
James Green Jun'' revise and correct the Journal of this Congress.

Whereas many Persons in this province are doubtful whether
they ought to pay their public Taxes now due, in order therefore to
remove their doubts and to enable the Sheriffs of the several Coun-
ties within this jsrovince to collect the same.

Resolved, That this Congress recommend to the people to pay up
all Taxes due before the present time, but no further until further
Orders except County and parish Taxes.

Resolved, That Mr. Andrew Knox be allowed seventy five pounds
as Secretary to this Congress; That the Treasurers or either of them

220 COLONIAL RECORDS.

pay him the same and be allowed in their Accounts with the
Congress.

That ^Ir. James Green .Jun"' be allowed the sum of Fifty pounds
as an Assistant to this Congress, to be paid by the puljlic Treasurers
or either of them.

That Mr. Thomas Craike be allowed the, sum of Fifty pounds, as
an Assistant to this Congress; to be paid by the public Treasurers
or either of them.

That Francis Lynaugh and Evan Swann doorkeepers to this Con-
gress, be allowed the sum of Thirty pounds each, for their Attend-
ance on this Congress, and that Francis Lynaugh be allowed a fur-
ther sum of three pounds for extra Services to the Congress.

That Lewis Coffee be allowed the sum of three pounds for going
Express on the services of this Congress and that the Treasurers or
either of them pay him the same and be allowed in their Accounts
with the public.

Ordered that the foregoing Orders and Resolutions bo signed and
Certified as the Acts of the Congress by

SAMUEL JOHNSTON, President.

By Order

Andrew Kxox, Secretary.

[From MS. Kecords in Office of Secretary of St.vte.]

Proceedings of the Safety Committee of "Wilmington.

Monday, 21^' August, 1775.

At a monthly meeting of the Committee, present, Francis Claj^-
ton, Deputy Chairman; W" Purviance, Fred'' Jones, Sampson
Mosely, W" Campbell, J. Hollingsworth, Sam Marshall, And" Ron-
aldson, Tim. Bloodworth, Thos. Nixon, AV"" "Wilkinson, Henry
Tooraer, John Forster, John DuBois, John Robeson, Francis Brice,
Sam' Swann, Peter Mallett, James Tate.

On motion made whether Cai>tain Maclean (who has shown him-
self inimical to the Liberty of America) should not in a limited
time depart this Province,

Resolved, That if Captain Maclean does not come into this Com-
mittee and make a recantation of his sentiments in regard to Amer-
ica within thirty days from this date, that he be ordered to depart
this Province.

COLONIAL RECORDS.

221

[From JIS. Records ix Office of Secretary of State.]

Proceedings oftlie Safety Conmiittee in Pitt County.

i\L\.RTiNBO ROUGH, 23'' August, 1775.

We the subscribers j^rofessing our allegiance to the King and
acknowledging the constitutional executive power of Government,
do solemnly profess and testify and declare that we do absolutely
believe that neither the Parliament of Great Britain nor any mem-
ber or constitutional branch thereof have a right to impose taxes
upon these colonies to regulate the internal policy thereof and that
all attempts by fraud or force to establish and exercise such claims
and powers are violations of the peace Security of the people and
ought to be resisted to the utmost, and that the jieople of this prov-
ince, singly and collective!}^ are bound by the acts and resolutions
of the Continental and provincial Congresses, because in both they
are freely represented by persons chosen by themselves and we do
Solemnly and Sincerely promise and engage under the sanction of
virtue, honor, and the sacred love of liberty and our country, to
maintain and support all and every the acts resolutions and Regu-
lations of the said Continental and provincial Congresses to the
utmost of our jjower and abilities. In testimony whereof we have
hereto set our hands this 23d day of August, 1775.

Signed :
Isaac Noble,
Joseph Hickman,
Abram Rodgers,
John Rodgers,
Robert Sanders,
John Perry,
Rich^ Rives,
James Little,
James Everette,
Henry Barnhill,
John Ward,
W" Bell,
W" Stafford,
Geo. Harreass,
Benj. Hing,

Peter Albritton,
Matthew Cartwright,
Obed Eason,
Thomas AValston,
Thomas Wallis,
David Williams,
Matthew Laffoor,
John Jenkins,
Israel Mobley,
Rich ^loye,
John Frye,
David Peebles,
Sterling Dupree,
W^ Clark,
W" Corhctt,

Jacob Blount,
Joseph Oliver,
Moses Tison,
Xoah Tison,
Shadrack Moore,
John Mills,
James J. Williams,
AV" Clemin,
AV" Mills,
Benj. Arrington,
John Harrelle,
Charles Hardell,
Thomas AAliitfield,
Absalom Garom,
Joseph AVaIze,

222

COLONIAL RECORDS.

Owen Craney,
Abraham Belcher,
Peter Cartwiight,
David Hines, Jr.,
Jesse Proctor,
Abner Easoii,
Hugh Craney,
Elige Ward,
Christopher Ward,
Christopher IMercer,
James Lanier,

AV" Daldum,
Peter Rieves,
John Tison,
Benjamin Brown,
Jonathan Jolly,
John Jolly,
Solomon Charry,
Thomas Carson,
Daniel Buntin,
Phillip Pipkin,

Richard Williams,
Thomas Mercer,
Nathaniel Moore,
George Sugg,
Solomon Albertson,
Trustrum Rodgers,
J"" Baptist Cartwright
George Spell,
Jesse Summerlin,
John Houed,

[B. p. R. O. Am. & W. IND. Vol. 332.]

* An Address to the Ministers and Presbyterian congregations in

North Carolina.
Reverknd and Respected Friends and Brethren :

In this day of trouble aud rebuke, it greatly adds to our distresses,
to hear that you are somehow led aside from the cause of freedom
and liberty, by men who have given you an unfair representation of
the debate now subsisting between the parent country and her Colo-
nies. We are neither disloyal to our King, nor attempting, nor-
desiring to set up Governments independent of Britain, as they assert ;
we only desire to maintain the rights and privileges of English-
men, but not to be their slaves, nor obliged to give them our money
as oft as, and in what quantity, they please to demand it. And if
any persons inform you, that this is not the great cause of our strug-
gle at tins critical juncture, they are guilty of falsehood and mis-
representation.

Our Continental Congress, in their Address to the King and the
People of England, declare, "That we want no new Priviledges; let
us continue connected with them as we were before the Stamp-Act,
and we demand no more."

And our Synod, in their last meeting in Xew-York, published a
pastoral letter to all the congregations under their care, which we earn-

* See ante page 86.— Editor.

COLONIAL KECOUDS.

estly recomnieiul to your serious perusal. Li it, they declare in the
sixth page, that the opposition to the present administration " does
not in the least arise from disaffection to the King, nor from a desire
of separation from the parent State."

As you and we are under the Pastoral Care of that venerable
Body, we doubt not. but you will pay all due regard to their direc-
tions, and to this their public testimony, w"' we send you herewith,
and to our friendly exhortations.

You may be easily informed by the Parliamentary debates, and
bj^ many Public Papers, that the grand debate is, whether the Eng-
lish Parliment in which we have no representation, has a power to
tax us, or to have and dispose of our money without our consent.
The tax they laid upon tea was but a trifle, but, if the}* have a right
to lay three pence a pound on tea, they have the same right to
laj' as much on .salt, and soap and candles, as is done in some op-
pressed countries; they have the right to tax our windows, and our
lands, as in England, and our hearttes as in Ireland. Nay, they
claim a right to tax us as much, and in what manner they please,
without knowing whether we are able to bear these burdens, and
without having any representatives to pjlead for us, or to mitigate
our grievances.

If they have this right, will they not use it with the utmost
severity? They will easily persuade the People of England that we
are rich, and able to bear the heaviest burdens, and they will cer-
tainly believe it ; since the more we are taxed, the lighter will be
their burdens; and while we are worth a groat, a rapacious Minis-
ter, with a band of needy Dependants and Pensioners, will find
reason and pretences to stri]) us of everything, and to make us their
hewers of wood and drawers of water. And when our oppression
becomes intolerable, to whom shall wc complain, or who will redre.ss
onr grievances? not the British Parliament, for they will be our
oppressors: nay, they do plead that they have a right to be our
oppressors; not our King, because he will, probably, be led to ratify
all the Acts of Parliament, to tax us; and to resist will be counted
rebellion: and what shall we do? Shall we now admit that they
have a right thus to tax, and to enslave us? God forbid: and tliis
occasions our present struggle for liberty, which we are fully per-
suaded you will cmtend for, as firmly as we do, when you are
rightly informed, and will not give up your property to such as have
no right to demand it,

224 COLONIAL RECORDS.

That we have no Representatives in Parliament is evident beyond
contest — and if we must give our money as oft as it is demanded by
them, where is our English libert}-? To take any man's money,
without his consent, is unjust and contrary to reason and the law of
God, and the Gospel of Christ; it is contrary to Magna Charta, or
the Great Charter and Constitution of England ; and to complain,
and even to resist such a lawless power, is just, and reasonable, and
no rebellion.

But it is said, that the Parliament of England has supreme power,
and that no one ought to resist. This we allow, while thej- make
Acts that are reasonable, and according to the British Constitution ;
but their power has bounds and limits, that they must not exceed:
they are limited by the Laws of God and of reason; they are limited
by the fundamental laws of the Constitution, and by the Great
Charter of England. They may not enact that the King shall take
the money of his Englisli subjects without their consent. They
may not enact that English Subjects shall be deprived of a trial by
Juries. Would they adventure to pass such unconstitutional Acts,
all England would complain and remonstrate; and if the}' did not
repeal them, tliey would pull down the parliament house over tlieir
ears. And have we not the same rights and privileges? and are v:e
such dupes' or slaves, that we dare not plead for them and endeavour
by every lawful way to preserve them? That we have those rights
and that we are now wronged and injured by a tyrannical ^Minister,
and a pensioned and corrupt house of Commons, is allowed, is
strongly affirmed by many of the greatest and best men in Eng-
land, by many of the greatest and best men in the House of Lords
and Commons; that we are wronged and injured, is believed and
insisted on by the greatest and best men of all religious denomina-
tions on the Continent of America, who are firmly united in this
glorious struggle for liberty : and shall it be said that you, our
friends and brethren, shall desert us in the mighty contest, and join
with our enemies; will you strengthen the enemies of the British
Constitution, and join with them to fasten on our chains, and to
enslave us forever? If we are now wrong in our conduct, our fore-
fathers that fought for liberty at Londonderry and Enniskillen in
King James' time, were wrong; nay, they were rebels, when they
opposed, and set aside that bigotted Prince, and the Stewart family,
and set the Brunswick family on the throne of England. But we
hope such language will never be heard fi'om the mouth of a

COLONIAL RECORDS. 225

Protestant, or from an English subject, and much less from anyone of
our denomination, that have ever maintained the Revolution Prin-
ciples, and are tirmly devoted to the present reigning family, as
the assertors of the Britisli privileges and English liberty.

It is said, that the Minister has given up the claim of taxing us,
and offers to the Colonies, that if we will give all our Governors and
subordinate Officers, as great salaries as the Parliament think
proper, which is one waj' to oppress; and if every Province will
offer them as much money as they think sufficient, they will leave
us the privilege of taxing ourselves to pay it. This is their pacific
scheme, and their great favour. But if they have a right to our
money on all occasions, till thej^ say they have enough, where is
our right, or what property have wo more than slaves? If they
demand a million from the Colonies this year, they have the same
right to ask two next year; and to double that sum the next time,
and so as long as they please, and if we refuse to pay it, they will
extort it by all manner of Taxes; and if we remonstrate, we will
be counted seditious; and if we resist this lawless power we will be
voted rebels; and fleets and armies be sent (as at pre.sent) to burn
our cities, to destroy our commerce, to seize our' lands, and to put
us to death. This is our mournful condition at jiresent, notwith-
standing all our prayers and remonstrances: and either we must
offer our necks to the yoke, and give up all to the minister, as the
traveller does to the armed highwayman, as oft as he asks it; or
thus be involved in misery and distress. Tiiey also claim a power
to make Laws to bind us in all cases whatsoever; by virtue of
this Power they have established popery in Quebec and the arbi-
trary Laws of France; and why may they not do the same in
Pennsylvania or North Carolina? By this power they have stopped
the [lort of Boston, and ruined that once fiourisliing city, for the
offence of a few rioters, without having heard those injured citizens
in their own defence ; and why may they not easilj^ find pretences
to destroy by the same power, the trade and buildings of New- York
and Pliiladelphia, or Charlestown in South Carolina? By this
power they have made an act to prevent the Northern provinces
from fishing; and why ma}' they not (by the same) destroy all our
manufactories, and make it unlawful to weave linnen or woolen
cloth, or to make anything for our home consumption? This
power they have claimed and exercised respecting our hats and
slitting mills &c. They have broken in part (by this power) the
VOL. X — 15

226 COLONIAL RECORDS.

Charter of the Goverument of the Massachusetts Baj^; and why may
they not do the same by all the chartered Governments, and destroy
the Charters of Pennsylvania, Connecticut, Maryland, and all the Char-
ters in any of the other Provinces? And then what security can we
have for our lands and improvements, and privileges which we hold
under these Charters? Certainly if they can disannul Province Char-
ters, they can disannul all our deeds and patents for lands or for any
other privileges : and if we sliall be tlius oppressed, as many thousands
are at this instant, to whom shall we complain, or what shall we do?
If complaints, petitions and remonstrances, could have done us
any service, we had not been involved in all the calamities that we
feel, and that we fear. For all tlie united Provinces have (by their
Congress) petitioned our King, desiring his friendly interposition
with the Parliament in our favour, and a redress of our grievances;
he did not deny that the people might (by their delegates) make
their distresses known, he graciously received tlie petition of our
Congress, and laid it before the Parliament, but they were deaf to
our cries. Tlie Assembly of Jamaica laid our grievance.-? in a most
manly, rational and pathetic manner, before the throne and Parlia-
ment; for which wo owe them our most hearty tlianks; but they
were disregarded: and many merchants and manufacturers and
London (one of the foremost cities in the world) interposed in our
favour, but without success. By the advice of the Minister, our
Governors invited our different A.ssemblies to lay our grievances
before the King and Parliament, assuring them that they would be
graciously received. The Assembly of New Yor^ did so in very
huml>le terms, but tlieir complaints were rejected by the British
Parliament; ti'ansports, men of war and new forces were sent to
oblige the Colonies to swallow the bitter pill.

AVhat shall we then do .in these days of trouble and distress? We
must put our tru.st in God, who is a present help in time of tiouble,
but we musi depend on Him in tlie use. of means; we must unite,
if possible, as one man, to maintain our ju.st rights, not by lire and
sword, or by shedding the blood of our fellow subjects, unless we
be driven to it in our own defence; but by strictly observing .tuch
resolutions neither to export nor import goods, as may be recoui-
menib'd by our General Congress. This honor"' body of Delegates
are higldy applauded by some of the greatest and wi.'-est men in
Euiiland and France, for their wisdcim, tirmness and moderation ;
though they may be abused by .some men that depend on the fa»-our

COLONIAL RECORDS. 227

of the prime Minister, and his wicked Associates. And you are now
called to strengthen their hands by sending your delegates to your
own Provincial Congress, and to every County Association, and to
act on all occasions that part which you think most just & reason-
able. But above all, we exhort & beseech you, not to imbue your
hands in the blood of your fellow-subjects in the same Province;
lest you bring an everlasting reproach on yourselves, and posterity,
and on us, who, we hope, you esteem as your brethren. If you be
deluded and led into these rash and bloody measures, which God in
His infinite mercy forbid, you will effectually prevent our missiona-
ries from visiting you, as ministers of the Gospel of peace. If you
now desert the cause of lilierty; if you suffer yourselves and your
children, and children's children, to be stript of all the well earned
fruits of honest industry, at the will of a Minister or his placemen
and friends; if a'ou will ofter yourselves to voluntary slaver}', and
desert the loyal sons of liberty of all denominations in this most
honourable and important contest, we can have no fellowship with
you; our soul shall weep for you in secret, but will not be able any
longer to number you among our friends, nor the friends of liberty,
■and of the house of Hanover, nor among the friends ©f the British
Constitution.

AVe heartily and affectionately recommend vou to God for light
and direction, and entreat you to join with us in prayer, that the
Most High may turn the hearts and overrule all the determina-
tions of those who now contend with tlie American Colonies. .Join
witli us in humiliation and repentance, for our sins, that have jiro-
voked God to give us up to the counsels of wicked men; and join
with our General Congress in taking such measures as may convince
our adversaries that their ways are unjust and destructive to the
liberty, and the peace, and hapi)iness of Great Britain and lier
Colonies.

Believe no man that dares to say that y.-e desire to be independent
of our ^lother Country; we honor and esteem them as our bretbren
and our friends and fellow subjects, but refuse to be their servants
or slaves.

Listen not to them who abuse our General Congress, or our poor
distressed brethren at Boston, who are contending for American lib-
erty, and now bear the burden and heat of the day; but above all
listen not to their bloody Counsels who would e.Kcite you to draw
your sword to enslave your fellow subjects in North Carolina and

228 COLONIAL RECORDS.

make your Province a field of blood. We conclude with liearty
prayers for your temporal and everlasting welfare, and for a speedy
and honorable decision of our contests with Great Britain on con-
stitutional i.rinciples: and beg leave to subscribe ourselves, with
great respect, your friends and brethren in the Lord Jesus Christ.
Signed at Philadelphia this 10"' day of July, 1775, b}'

FRAXCLS ALLSOX
JAMES SPROUT
GEORGE DUFFIELD
ROBERT DAVIDSON.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Surry County.

LIBERTY OR DEATH.

GOD SAVE THE KING.

August 2o''' 1775.
North Carolina \
Surry County, j

Committee met according to ajipointment 25"" August 1775.

Present: Benjamin Cleaveland, John Hamlin, Jesse ^A'alton,
Samuel Freeman, Benjamin Herndon, Charles Lynch, John Arm-
strong, James Hampton, Richard Gorde, Augustus Blackburn,
James Doke, Matthew Brooks, John tludsbeth, George Lash, John
Snead, Malcom Curry.

Benjamin Cleaveland was elected Chairman.

Resolved, We think j^roper to Declare our disapprobation and
Abhorrance of certain papers by the name of Protests Ac, signed
and transmitted to Gov' Martin in opposition to the common cause
of Liberty; some of which Papers contain many Falsehoods and
matters of Encouragement to the most wicked j\Iinisters and Tools
of Government in their most wicked Measures and designs ; the said
papers being calculated to Divide the good People of this Province
and destroy its internal peace and Occasion the Eftusion of Blood.

Resolved, We Determine by all Lawful ways and means to Dis-
countenance and suppress such mischievous and baneful Papers and
all such coml^inations against tlie common cause of American Lib-

COLONIAL RECORDS. 229

erty; and do our utmost Endeavours to support the Congress in
Defending our Just Rights and Liberties.

Resolved, That whatever Britains may claim as theii- Birth Right
we may justly claim as our Birth Right; and that all the Natural
Rights of British Subjects are confirmed to us by Charter and the
Faith of Kings and the free Constitution of Great Britain and this
Province.

Resolved, That those who nov\' would subject all America or this
Province to a Dependency on the Parliament of Great Britain are
guilty of a very Dangerous Innovation injurious to the Crown and
iuconsistant with the Liberty of the American Suljjects.

Resolved, That by the Law of Nature and the British Constitu-
tion no man can be Legally Taxed or have his property taken from
him without his consent, given by himself or his Rei^resentatives.

Resolved, That the late Acts of the British Parliament for raising
a Revenue in America by laying Taxes on us without our Consent
and against our Protestation, are Opposite to our Ideas of Property,
and inconsistant with the spirit of the Constitution, and does in Fact
at one Stroke Deprive this whole Continent of all i^roperty; and of
their most invaluable Rights and Liberties.

Capt Charles Lynch and Mr William Merridith, Members of the
Committee, came in and took their seats.

Resolved, That this Committee highly ajiprove of the Proceedings
of the Continental Congress held in Philadelphia in Sepf last, and
that we will endeavor to carry their Recommendations into Execu-
tion.

Resolved, That the "Worthy Delegates who represented this Prov-
ince in said Congress Deserve our warmest and most Grateful thanks
for the faithful Discharge of their Office and that Col° Armstrong
present them in our names and in behalf of this coij,nty.

The Committee Adjourns till to-.niorrow 7 O'clock.

FFroji MS. Records in Office of Secretary of State.!

Proceedings of the Safety Committee in Surry County.

Satued.w, August 26"' 1775.

Committee met according to adjournment.

Resolved, That the Different Captains of this County do call their
Companies together at their Usual places of Exercise on Saturday

230 COLONIAL RECORDS.

the 2°^ Day of Sept' in Order to cliuse three in each respective Com-
pany as Committee men and those men truly Elected shall meet in
Committee on Wednesday the 20"" of September next at the Court-
house in said County.

Resolved, That a part of tliis Committee, viz: Charles Lynch,
John Armstrong and Matthew Brooks be appointed to wait on the
INIoravians in order to Procure Ammunition if any found. Also
that Tragot Bagge, Jacob Bloome and George Houzar, appointed of
the Moravian Congregation to set as a Committee with us at this
meeting, do give a more Satisfactory Answer for their non attend-
ance and give in the same personally at our next meeting the 20*
September next.

Resolved, That we for ourselves and do recommend it to others to
Issue no warrant for Debt or Executions except such that have been
obtained already before this Date, and if any Debtor is likely to
remove himself so that there is just cause to believe the Creditor
will loose his Debt he shall or may apply to the Committee of the
District the Delator lives in, and which will take it in hand to secure
the Debt by taking security or stoping a reasonable part of his
effects for the same.

Resolved, That Benjamin, Cleaveland, Jesse Walton and Benj.
Herndon, wait on Mr Charles Gordon to secure all the Ammunition
they shall find in his possession.

Resolved, Likewise if any Person of this Committee should find
out any Ammunition in this County they shall be justifial;>le in
securing the same for Public Service by giving Security to the Pos-
sessor thereof.

By Order BENJAMIN CLEA^^ELAND, Ch.

William Lexoik, Clk.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 222.]

'Letter from Governor j\Iartin to the Earl of Dartmouth.

CiiuizER SLoor OF Wak in Cape Peak River,

No. Carolina, August 2S"', 1775.
My Lord,

Since my Di.s])atch No. 38, giving your Lordship an Account of
the outrages committed at Fort Johnston, I received l»y a tender

COLONIAL RECORDS. 231

from New York on the 22'"' of last month, the Duphcate of your
Lordship's Dispatch No. 16, which from its date must have accompa-
nied your letter by the May mail, that were violated by the Com-
mittee at Charles Town, as I have formerly represented, and was
there with held, as appears evidently I think from the allusion to its
contents in the Publication of the Committee at Wilmington in the
enclosed Paper of the 2S"' day of last month. I learn that the June
mail is since arrived at Charles Town, and I flatter myself that the
Postmaster persuant to my advice has lodged your Lordship's dis-
patches to me in security on Board His Majesty's Shij^ stationed
there, but I have been deterred from sending for them as yet, by a
strange and almost incredible rumour, that there are armed ^"essels
fitted out by the People of Charles Town, constantly cruizing off
that place, of force superior to any '\''essel I can get to send for them
at present.

The encouragements which your Lordship's Letter above referred
to authorizes me to hold out to the King's Loyal Subjects in this
Province, I have taken every measure in my power to communi-
cate to proper persons, but unfortunately before it reached my hands
the Committee had so effectually possessed themselves of every
Avenue into the Country by their Spies and Emissaries, who keep
the most strict and "\"igilant watch upon every road and communi-
cation which leads- towards me, that I have found myself defeated
in almost every attempt I have made to correspond with the well
affected people in the upper Countrj-. All of them who have come
down here to consult me about their safety, have been intercepted
coming or going, and searched, detained, abused, and stript of any
Papers they have had about them except a Messenger from a con-
siderable Body of Germans, settled in the County of Mecklenburg,
who brought me a loyal declaration against the Very extraordinary
and traiterous resolves of the Committee of that County, of which
I had the honor to transmit a copy to your Lordship with my last
Dispatches. The same ill fortune has attended my latest attempt to
counteract the. d sign of a Convention at this time assembled at
Hillsborough, by a Proclamation of which your Lordship will
receive a Copj' herewith, the Messengers employed to circulate it in
the Country having been all intercepted, which I the more lament as
I think it might have produced good effects upon the minds of the
People, and that I have much reason to apprehend the difficulty of
communication which becomes' daily greater and greater, will

232 COLONIAL RECORDS.

■ totally cut me off from all intercourse with the Interior parts of it
hereafter until I am able by force to lay it open.

Thus My Lord I am reduced to the deplorable and disgraceful
state of being a tame Spectator of Rebellion spreading over this
Country, which might have been surely and effectually maintained
for the King by the strength I could have collected within itself, if
I had lieen provided but six weeks ago with Arms, Ammunition
and money; with these aids My Lord, I am confident I could have
entered the Country, and made myself entirely the master of it by
this day, but without them I considered the attempt to draw the
King's Loyal Subjects together ill armed, or wholly unarmed as
they are, destitute of Ammunition, and without both the means of
defence and support, to act against an increasing and spreading
revolt, that had actually enlisted half the Country on its side, by
terror or persuasion, and M-liich according to my information is
well supplied with warlike stores, that have been secretly from time
to time imported into this Province, would have been only to sac-
rifice the friends of Government and to disgrace myself without a
chance of rendering Service to His Majesty. Every device My
Lord has been practiced by the seditious Committees to inflame the
minds of the Inhabitants of this Country, and their endeavours
have been strenuously abetted by the Delegates sent to the Pliila-
delphia Congress, and your Lordship will see by their letter pub-
lished in one of the enclosed papers, but most of all by the return
of Richard Caswell one of the members of this Province, he has
promoted the present Convention with all his might, and remains
here to superintend its movements, and no doubt to inflame it with
the extravagant spirit of that daring Assembly at Philadeliihia.
At New Bern I am credibly informed, he had the insolence to repre-
hend the Committee of that little Town, for suff'ering me to remove
from thence, this man My Lord who at his going to the first Con-
gress and after his return from it, appeared to me to have embarked
in the cause with a reluctance that much extenuated his guilt, in
my estimation, shows himself now the most aclive fool of sedition
although his professions are according to my information still
averse to his ostensible conduct and character, which at this crisis
of Affairs serve but to aggravate his guilt and infamy.

The influence of Committees, My Lord, hath been so extended
over the Inhabitants of the Lower part of this Country, since my
Representations to your Lordship liy M' Scliaw, and they are at tliis

COLONIAL RECORDS. 23^

clay to the distance of an hundred miles from the Sea Coast, so gen-
erally possessed with the spirit of revolt that I consider it no longer
possible to avail myself of the power of the friends of Government
in the interior parts of it without the aid of two Battalions to force
a communication with them. I regret incessantly the loss of the
opportunity which the circumstances of this country so long afforded
me to maintain it in jjeace and f;ood order by its own strength,
while I have only the consolation to know that it has proceeded
from no neglect or omission or want of exertion on my part, and
the well grounded hope that my Royal Master and your Lordship
are assured of my best humble endeavours for His Majesty's Ser-
vice, from the accounts I have had the honor to transmit to your
Lordship from time to time.

I made application to General Gage for Arms and Ammunition
so long ago as the month of March last, to which I have received no
answer, but through a Newspaper, in which I have seen a letter
said to be taken from one from the General to me, that was inter-
cepted from Charles Town, that I believe to be genviine, and which
justifies me in the conclusion that my fair and long cherished hopes
of redeeming and maintaining this Country for His jMajesty have
been frustrated by the General's want of power to assist me with the
necessary means.

It is much to be lamented, My Lord, that effectual steps have not
been taken to intercept the supplies of war -like stores that I am
informed are frec[uently brought into this Colony, and I suppose
into the other Provinces. The Coast of this, that is of great extent,
would employ three or four cruisers to watch it properly, while there
is only a sloop of eight guns, in which I am embarked, that is not
sufficient to attend to the smugglers in this River alone where she is
stationed.

Your Lordship will observe in the advertisement of the committee
of Xewbern, herewith enclosed, that I am charged with a design of
erecting The King's Standard and commencing hostilities against
the People of this Province. This charge, my Lord, is founded
upon a letter of mine to M' White, my agent at Xew York, inter-
cepted and opened by the Congress at Philadelphia, wherein I
rec^uested that Gentleman to send me a Royal Standard and same
camp equippage, thinking it proper to make such provision, in case
the circumstances of this country should render it absolutel}' neces-
sary, and General Gage should put it in my power, by furni-shing me

234 COLONIAL RECORDS.

with necessary supplies of Arms and Anmuuiitiou to take the field
to maintain the King's Government. Tliis committee have surely
most inadvertently discovered their own disloyalty and the empti-
ness of their uniform and constant professions of Duty to His Maj-
esty b}^ their inference and apprehensions from my supposed inten-
tion of erecting the King's Standard, of a design in me to commence
hostilities against the People of this Province, and the Resolves of
proscription formed thereupon, for if they were loyal Subjects (as
they, like their fellows in the other Colonies in declared rebellion,
profess themselves to be) where would be the guilt of erecting the
King's Standard among them, or what the grounds for their appre-
hensions from it, since that Ensign could be raised only for the sup-
port and not for the annoyance of the King's friends? But it would
seem, my Lord, that the fatal disorders prevailing on this Continent
have introduced a total perversion of language; the enigma arising
out of a comparison of tlie terms of this advertisement with the
loyal professions of the people of America, Your Lordship will
see unriddled in the Cape Fear Mcrcurij of the 11"' instant inclosed,
where the friends of Government are stiled disaffected jiersons,
which, thougli not ungrammatical, is certainly in common accephi-
tion a term strictly applicable only to themselves ; but this is the
work of revolt all over America, where the present contention is
affectedly called a strife with the Parliament or Ministry of Great
Britain abstracted by tlie King who is absurdly as falsely repre-
sented to be out of the question. Thus the King's Troops, Generals,
Governors are stiled, Parliamentary or Ministerial as these Terms
happen to be deemed most reproachfull by those who employ them.
The reference to my behaviour at Fort Johnston in the New Berne
Committees Advertisement I learn is an allusion to the imputations
of the Wilmington Committee in the f\rpe Fear Mcrniry enclosed of
the 28'" day of July.

I have received a letter from Lieutenant Col" iVllen Miiclean in
whicli lie informs me that he is detained at Boston by (General
(rage and has sent the Dispatches for me with wliicli your Lord.ship
charged him by a gentleman who is since arrived in this Province
and gone into the Country, and whom I have not seen.

Captain Collet, representing to me shortly after the outrages com-
mitted at Fort Johnston by the mob, (hat he had the utmost reason
to apprehend the leaders in tliat violence were concerting to emjiloy
some legal process against liim foi' debts lie owed here in order to

COLONIAL RECORDS. 235

get him into their hands to deliver him over to the enraged people,
asked my permission to go to Boston, which I could not under such
circumstances refuse him, and he accordingly sailed on the 21" day
of July with his little Garrison, carrying with him the carriages
Trucks, shot and small stores belonging to Fort Johnston in a trans-
port on Board which he had embarked some days before. This gen-
tleman, I am sorry .to find n:>y Lord, had been hurried by his
vehemence and impetuosity of temper to many unwai'rantable
extravagancies, and according to my information he has involved
himself in debt so deeply that he will never be able to shew his face
again in this Countrv, to which I tlierefore wish he mav never
return, at least until he is able to do justice to his creditors, and to
make his peace with the people now to the last degree exasperated
against him.

The probaljility of the C'/7a';cr being compelled to leave her .sta-
tion here for M-ant of provisions, or to cruize for smugglers or Pirates,
and the certainty in that case of the xVrtillery belonging to Fort
Johnston falling into the hands of the mob, determined me some
weeks ago to .spike the Guns, and to burn the carriages that were
rotten and utterly unserviceable. The Winutes of a Council held
here on the IS"" da}- of July of which I transmit a copy herewith,
will show your Lordship how little that Board was acquainted with
the temper of the people of the country, who committed the mon-
strous outrages at Fort Johnston the very next morning after a
Majority of the Council had given their judgment that they wcmld
see their error, and return to their Duty, and declared tliemselves
against any rigorous measures which indeed they knew I had not
power to emplo}-. I have once since summoned the Council to con-
sider of the steps proper to be taken, upon the Representations of
John Cotton, Lieutenant Colonel of the iNlilitia in the County of
"Anson, and Samuel and Jacob Williams (who being compelled to
leave their habitations and families there, came down here to advise
with me) but circumstances not admitting of the attendance of a
sufficient number of Members at the time I had appointed those peo-
ple resolved to return to their homes, since which I hear thej- have
been intercepted on their way, and brought back by a party of
Armed men to the Committee of Wilmington their depositions here-
with enclosed will make your Lordship acc^uainted with their cases.

The result of the Convention now sitting at Hillsborough will
show the state of this Country clearly, and I fear will manifest tlie

•230 COLONIAL RECORDS.

fatality of suffering faction to get to such a head here, which it has
been impossible to prevent, without drawing together and arming
the friends of C4overnment which I have not had the necessary
means to effect. The few people who steal down to me in spite of the
Committees interdicts, represent the Inhabitants of the lower parts
of this Country so generally disaffected and infatuated to such a
degree of madness, the influence of the seditious demagogues, that
the loyal Subjects among them are in fear of their lives, if they
utter a word against their proceedings or even contrary to their
liking.

The Scotch i\Ierchants at Wilmington who so long maintained
their loyalty have lately been compelled ostensibly to join in sedi-
tion by appearing under Arms at the Musters appointed by the
Committees, although they are still at heart as well affected as ever.
In short My Lord everything now convinces me that the time for
restoring Lawfull Gevernment in this Province, by its own internal
strength, is past and gone. I hoped if ray Proclamation of the S""
instant had circulated, it might at least have had the effect to _ sus-
pend for a time the progress of revolt among the Inhabitants of the
interior Country, whom I much fear will be seduced and alienated
by the influence and artifices of the Convention now held in the
heart of their Country, and I know not another Act of Government
I can do with the leastprospect of advantageing His Majestys Ser-
vice until I am supported by Troops.

]\P Cornell, a Member of the Council of this Province, who is I
believe the most opulent Meroh.ant in it representing to me lately
that he had reason to believe he would be compelled if he stayed
here to give liis credit to the Paper money intended to be emitted by
the Continental Congress, as well as the Provincial Convention which
will be against his conscience and principles, as well as injurious to
his Interest, and having therefore desired my leave to go to Eng-
land, I have granted it to him and I must do this Gentleman My
Lord the justice to say that he has borne his part in the Council
with great propriety since the death of his son in Law, M' Edwards
the late Deputy Auditor who certainly influenced him to the delin-
quent behaviour of wliich I formerly accused him to your Lordship
with others in his private capacity too. Since that time he has mani-
fested the firmest attachment to (Tovernment, and a just indignation
against the Proceedings of the .seditious upon all occasions.

COLONIAL RECORDS. 237

A M' Pryce arrived at New Bern since I left that place, invested
witli deputations as Provincial Secretary and Deputy Auditor, but
alarmed with the disorder of that place, and disgusted with the cli-
mate, he returned to England immediately without writing to me
or giving me opportunity to see him. I confess My Lord I was
chagrined to find that my Reconnnendation of a Deputy to M'
Cholmondely had not been accepted, not so much because it was a
disappointment to the party recommended, but as it is a circum-
stance that lessens my consec^uence as the King's Governor here,
among the People, to see that I have not power or interest enough
to make even a Deputy to a sinecure Patent ofhcer.

The sundry depositions of Masters of Ships enclosed will show
your Lordship the motives & designs of the Rabble who did the
Violence at Fort Johnston, that of i\P Todd refers also to a remark-
able extravagance of M' Dry's which is still better confirmed to me
by the Testimony of a Gentleman of consideration who was present
at the time. _ I have the honor to be &c.,

JO. ]\L\RTIN.

[N. C. Letter Book. S. P. G.]

Letter from Rev. Mr. Earl to the Secretary.

N" Carolina, near Edextox, SO"" August, 1775.
Reverend and Dear Sir,

Your favor of the IS"" March last by the Reverend Mr. Pettigrew
have received, acquainting me of the Society's permission to remove
to some more wholesome climate for the re-establishment of my
health, for which I return them m}- very hearty thanks as well as to
you, Sir, for your very kind and friendly application in my behalf.

I should have gone to some of the Northern Colonies before this
time had it not been for the war-like and uncj^uiet situation of this
whole continent, where there are not, bj' the lowest calculation, less ^
than 150,000 men under arms, which they are daily augmenting,
and which would render traveling extremely di.sagreeable, especially
to an unhealthy person, and therefore chose rather to rely on the
Almighty Author of Life and Health for sanitary means than under-
take a journey under these circumstances.

238 COLONIAL RECORDS.

The situation of tlie clergy in this part of the world is at present
truly critical, on account of the difRculty of comporting themselves
in such a manner as to give no umbrage to the Inhabitants. Some
of them have been suspended, deprived of their Salaries, and, in the
American manner proscribed by the Committees, and thereby ren-
dered incapable of getting anv settlement in any part of the united
Colonies, and all this on account of charges against them of opposing
the general cause of America, and how far they are to blame I am
not able to determine, but verily believe that if the most learned
and eloquent Divine in England was to endeavor to dissuade the
Americans from their present Resolutions he could make no impres-
sion upon them, but contrarywise rather inflame them, so tenacious
are they of the measures they have adopted.

The Reverend ^Ir Reed, the Society's very worthy Missionary at
Newbern, has been treated in the manner I mentioned. The Con-
tinental Congress directed that tlie ■20th of last ^lonth should be
observed throughout the Continent as a day of humiliation, fasting
and prayer, to dejirecate the Calamities that threaten the British
Em[iirc in America, and Mr. Reed was waited upon some days
before hand l:»y a Deputation from the Con:mittee to request him to
officiate on that day, which he refused, alleging that lie should
thereby incur the displeasure of Government, ui)on which the com-
mittee desired that the Vestry should suspend liim and tliat the
church-wardens should not pay him his Salary, wliieh, I hear, was
immeiliately complied with.

As for my ov\'n part I have as yet kept clear of any censure
among my parishioners, and I never introduce any Topic into the
Pulpit except exhortations and i:)rayers for peace, good order ami a
speedy reconciliation witli Great Britain.

1 liavc since my last to you Iiaptizcd in this parish thirty-six
white and twelve black infants and two black adults, and likewise
bajitized several Infants that were brouglit to me from neighboring
jtarishes.

I have drawn on the Society's Treasurer for half year's .salary,
which will be due on the 29"' Sept' next, which I was obliged to
anticipate, as all communication lietween tJreat Britain ami the
Colonies will l>c at an End ten days from this tiim.-. I am,

Vo'y" Sir Yours ^tc\

DA XL: EARL.

COLONIAL RECORDS. 239

[Reprinted From Wheeler's History of Xoktii Carolina.]

Instructions for tlie Delegates of Mecklenburg County proposed
to the Consideration of the County.

1 You are instructed to vote that the late^ Province of North
Carolina is and of right ought to be a free and independent state
invested with all the power of Legislation capaljle of making laws
to regulate all its internal policy subject only in its external con-
nections and foreign coinmerce to a negative of a continental Senate.

2 You are instructed to vote for the Execution of a civil Govern-
ment under the authority of the People for the future security of all
the Rights Privileges and Prerogatives of the State and the private
natural and unalienable Rights of the con.stituting members thereof
either as Men or Cliristians.

If this should not be confirmed in Congress or Convention —
prqtest.

3 You are iirstructed to vote that an equal Representation be
estalilished and that the Cjualifications recpiired to enable any per-
son or persons to have a voice in Legislation may not be secured to
high but that every Freeman who shall be called upon to supjiort
Government either in person or property may be admitted thereto.
If this sliould not be confirmed protest and remonstrate.

4 You are instructed to vote that Legislation be not a divided
right, and that no man or body of men Ije invested with a negative
on the voice of the People duly collected and that no honors or
dignities be conferred for life or made hereditary on any person or
persons either legislative or executive. If this should not Ijc con-
firmed— protest and remonstrate.

5 You are instructed to vote that all and every person or persons
seized or possessed of any estate real or personal agreeable to the
last establishment be confirmed in their seizAires and posses.sion to
all intents and purposes in law who have not forfeited their light to
the protection of the State by their Criminal practice towards the
same. If this should not be confirmed — protest.

C You are instructed to vote that Deputies to represent this State
in a Continental Congress be appointed in and by the supreme
Legislative body of the State the form of nomination to be sub-

240 COLONIAL RECORDS.

mitted to if free and also that all offieers the influence of whose
office is equally to extend to every part of the State be appointed in
the same manner and form — likewise give your consent to the
establishing the old political divisions if it should be voted in con-
vention or to new ones if similar. On such establishments taking
place 3^ou are instructed to vote in the general that all officers who
are to exercise their authority in any of the said districts be recom-
mended to the trust only by the freemen of the said- division — to
be subject however to the general laws and regulations of the State.
If this should not be substantially confirmed — protest.

7. You are instructed to move and insist ,that the people you
immediately represent be acknowledged to be a distinct county of
this State, as formerly of the late province with the additional privi-
lege of annually electing their own officers both civil and military,
together with the elections of Clerks and Sheriffs by the freemen of
the same. The choice to be confirmed by the sovereign authority
of the State, and the officers so invested to be under the jurisdiction
of the State and liable to its cognizance and inflictions in case of
malpractice. If this should not be confirmed — protest and remon-
strate.

8. You are instructed to vote that no Chief Justice, no Secretary
of State, no Auditor General, no Surveyor General, no practicing
lawyer, no clerk of any court of record, no sheriff and no person
holding a militar\' office in this State shall Ite a re}iresentative of
the people in Congress or Convention. If this should not be con-
firmed— contend for it.

9. You are instructed to vote that all claims against the public,
except such as accrue upon attendance upon Congress or Conven-
tion, be first submitted to the inspection of a committee of nine or
more men, inhabitants of the county where said claimant is a resi-
dent, and without the approbation of said committee it shall not be
accepted by the public; for which purpose you are to move and
insist that a law l)e enacted to empower the freemen of each count}'
to choose a committee of not less than nine men, of whom none are
to be military officers. If this should not be confirmed, pi'otest and
remonstrate.

10. You are instructed to refuse to enter into any combinations of
secrecy as members of Congress or Convention and also to refuse to
subscribe any ensnaring tests binding you to an unlimited subjection
to the determination of Congress or Convention.

COLONIAL RECORDS. 241

1 1 . You are instructed to move and insist that the pubHc accounis
fairly stated shall be regularly kept in proper books open to the
rnspection of all persons whom it may concern. If this should not
be confirmed — contend for it.

12. You are instructed to move and insist that tlie ] ower of
County Courts be much more extensive than under the former con-
stitution, both with respect to matters of property and breaches of
the peace If not confirmed — contend for it.

13. You are instructed to assert and consent to the establishment
of the Christian Religion as contained in the Scriptures of the Old
and New Testaments and more briefly comprised in the 39 Articles
of the Church of England excluding the 37"" Article together with
all the Articles excepted, and not to be imposed on dis.senters, by the
act of toleration and clearly held forth in the confession of faith
compiled by the Assembly of divines at "Westminster, to be the
Religion of the State to the utter exclusion forever of all and every
other (falsely so called) Religion, whether Pagan or Papal, and that-
the full, free and jjeaceable enjoyment thereof be secured to all and
every constituent member of the State as their unalienable right as
Freemen without the imposition of rites and ceremonies whether
claiming civil or ecclesiastic power for their source and that a con-
fession and profession of the Religion so established shall be neces-
sary in qualifj'ing any person for piublic trust in the State. If this
.should not be confirmed, protest and remonstrate.

14. You are instructed to oppose to the utmost any particular
church or set of Clergymen being invested with power to decree rites
and ceremonies and to decide in controversies of faith to be submit-
ted to under the influence of penal laws. You are also to oppose
the establishment of any mode of worship to be supported to the
opposition of the rights of conscience together with the destructioii
of private p.roperty. You are to understand that under modes cf
worship are comprehended the different forms of swearing by law
required. You are moreover to oppose the establishing an ecclesi-
astic supremacy in the sovereign authority of the State. You are to
oppose the toleration of the popish idolatrous worship. If this should
not be confirmed, protest and remonstrate.

15. You are instructed to move and insist that not less than four
fifths of the body of which you are members shall in voting be
deemed a majority. If this should not be confirmed, contend for it

VOL. X — 10

242 COLONIAL RECORDS.

IG. You are instructed to give j'our voices to and for every motion
and liill made or brought into the Congress or Convention v.'here
they appear to be for pubHc utility and in no ways repugnant to tlie
above instruction.

17. Gentlemen the foregoing instructions you are not only to look
on as instructions but as charges to which you are desired to take
special heed as the general rule of your conduct as our Representa-
tives and we expect you will exert yourselves to the utmost of your
ability to obtain the purposes given you in charge and wherein
you fail either in obtaining or opposing you are hereby ordered to
enter your protest against the vote of the Congress or Convention as
is pointed out to you in the above instructions.

[B. P. R. O. A>l. & W. IND. Vol. 279.]

Circulars to the Governor of North Carolina and otlier Governors.

Whitkhail, September o'", 1775.

As it is of great consequence to His Majesty's service in the i)res-
ent state of affairs in North America that His Majesty's Shijis of
War stationed there should not be employed in any other services
than those to which they are appointed by the Admiral I am com-
manded by the King to send to j-ou his Majesty's pleasure that you do
not take upon you to send to England any such Ships that may be
stationed within the Limits of your Government with any Dispatches
unless such Dispatches are of the most pressing nature and no
vessel can be otherwise procured in which an Officer may l)e sent
home with them. I am, Ac,
DARTMOT^TH.

I am directed by the P^arl of Dartmouth to inclose to you His
Majesty's Proclamation of the 23"* of last month for suppressing
Rebellion and sedition which you will cause to be made publick in
such manner as has been usual on the like occasions.

I am, &c.,

J. POVVNALL.

COLONIAL RECORDS. 243

[Reprinted from the American Archives. Vol. 3. P. 679]

Extract of a letter from Newbern in North Carolina dated Septem-
ber 9* 1775.

Our Convention will rise next wpek. They have agreed to raise
one thousand men, to be stationed as follows: two hundred at New-
bern, two hundred at Edenton, two hundred at Salisbury and four
hundred at Cape Fear. j\Ir James Moore and Mr Robert Howe of
Cape Fear, are appointed Colonels; Francis Nash and Alexander
Martin, of Hillsborough and Salisbury, Lieutenant-Colonels ; Thos.
Clerk, of Hillsborough, and .John Patton, of Pamlico, Majors; D'
White of Cape Fear, Adjutant.

There has been a conference held with tlie Chiefs of the Regula-
tors. They have some scruples about the oath administered to them
by Governor Tryon ; but some of them have signed the Test or
Association, and are now signing, and we appreliend no danger from
them.

[From MS. Records in Office of Secretary of State.]

PTOceedings of the Safety Committee in Pitt Count3\

M.\KTiNBOROUGH 9"" Sept. 1775.

According to adjournment the Committee meat.

Present: Geo. Evans chairman; John Williams, Rich* Williams,
Parker Lassee, Rich'' Moye, W™ Robson, James Lockhart, Robert
Grimes, James Lanier, Joel Sugg, Mathew Sturdevent, Ed'' Moore,
Peter Reeves, Henry William.son, George Falkner, Thos. Woolfend,
Henry Ellis, Arcli'' Ailams, John Bowers, Geo. Moye, Allen Sugg.

Ordered, That John Tyson Esq, meat the next sitting of Conmit-
tee to answer The Different Allegations lodged against him and that
James Lanier write said Tvson to Inform him of next meetincr.

Ordered, George Williams appointed in place of John Hardee,
Jun"', Pattaroler, Thos. Slaughter, Benj. King, Isaac Hardee, son of
Robert.

Ordered, That John Hardee, Jun', appear Before this Committee
next raeating to answer a complaint lodged against him. To appear
next meeting.

244 COLONIAL RECORDS.

Ordered, That no Person act in any Publick Cappasity without
^ning the Association.
John Lesslie, Secretai-y.

signing the Association. GEO. EAMNS, J^ Cliair.

B. P. R. O. Am. & W. IxD.: No Carolina. No. S23.]

Letter from Governor ^lartin to the Earl of Dartmouth.

Cruizer Sloop of "War in Cape Fear River,
No. Carolina, Sept^ 12"', 1775.
]\Iy Lord,

I do myself the honor of writing to your Lordship by the present
opportunity, although I have nothing authentic to add to my late
representations of the state of this conntrj', in relation to the dis-
orders that now most unhappil}^ prevail in it. as in all other the
Provinces of this Continent,- because I would not omit to give your
Lordship the latest advices, and that I know not, as my communi-
cation with Charles Town is totally cut off, when I may have oppor-
tunity to avail myself of the Packet or to communicate with your
Lordship by any other, channel, if I miss this, that a merchant ship
bound to Plymouth now affords me, it being the last vessel that will
go from hence to England, until peace is restored here, if the people
persist in tlieir present humour of conforming to the decrees of the
Philadelphia Congress, and rejecting the favour that Government
has shewn them by the exception of this Province in tlie Act
restraining the Trade of many otlier of the Colonies.

The spirits of the loyal and well affected to Government droop
and decline daily ; they dispair, my Lord, of succour and support, and
for the preservation of their persons from insult, and their property
from confiscation, which has been threatened to those who do not join
in all the measures of the seditious Committees, they indignantly
and reluctantly yield to the overbearing current of revolt rather
than side with it, or oppose themselves to it, at the hazard of every-
thing that is dear, without the least prospect of successful resi.stance,
a piteous necessity that, while I lameiit and dejjlore it, I know not
how to Ijlamc'; it is the cvimbinod inlkience of self-preservatiun and
interest to which they submit, and \\-Iiich are the most domineering
and ascendant principles in human nature. Thus, My Lord, the
authority the edicts and ordinances of Congresses, Conventions and

COLONIAL RECORDS. 245

Committees are established supreme- and omnipotent by general
acquiescence or forced submission, and lawful Government is com-
pletely annihilated. It is rumoured that the Convention now held
at Jlillsborough hath, after obstinate resistance of the Delegates
from the Western Counties, voted the raising a Thousand Men, to
be kept in constant training and pay, and the striking a large sum
of Paper Money for their support. M"' Johnston, tlie Deputy Naval
Officer, is the Moderator of this Convention, of the proceedings of
which I am not able at jiresent to give your Lordship any intelli-
gence from such authority as I can depend upon. It is said and I
believe it is true, that the three Delegates from the Congress at Phil-
adelphia attend this Convention, that supreme Council being
adjourned to October or November, in order to reconcile the People
to the restraints laid upon their Trade hj the Resolves of that body.
I hear it is given out that unless Britain accedes to their Terms
within a few months, they will o^^en their Ports to foreign nations,
and utterly exclude her from any participation of their commerce,
and strange. My Lord, as it may seem, even this Gasconade is not
too preposterous to be received by the ignorant multitude, and it
makes impressions accordingly, serving the purpose of cherishing
revolt and holding the People together until experience shall evince
the futilit}- of their Machinations. If peace, My Lord, be ever
restored here (which Heaven grant speedily) there are many objects
that will deserve, in my poor judgment, immediate attention and
remedy, among them, first, upon the maturest consideration, I am
sure it should be a maxim to establish Courts of -Justice originally,
by the Power of the Prerogative and not to suffer the Assembly to
meddle in the first constitution of them. Another will be the aboli-
tion of the office of Clerk of the Pleas, and vesting in His Majesty's
Governor the power of appointing Clerks of the County Courts as
in New York, which would prove a source of useful and necessary
influence, exceedingly wanting to the Governor of this Colony. The
appointment of Sheriffs ought, for like reason and for the public
good, to be in the same hands, as it appears the Lords of Trade
have thought heretofore. These officers throughout the Country are
generally if not universally Leaders in the present seditions. I
sometime ago recommended M' Strudwick, the present Clerk of the
Pleas, to the Lords of the Treasury, as a fit and proper person to
supercede M" Rutherford in the office of Receiver General of His
Majesty's Revenues here, for which he is in every respect utterly

246 COLONIAL RECORDS.

disqualified, and if their Lordsliii>s shall be pleased to grant that
appointment to M' Strudwick he conld not murmur at the abolition
of the much less profitable office of Clerk of the Pleas, which he
cannot make conducive to the Service of Government at all, and
veiy little to his own interest, as he has often acknowledged to me.
The infamous Henderson, and his Associates, of whose Vast pur-
chase of lands in the Indian Country on the Frontiers of this
Province, I informed your Lordshijj some time ago, have according
to my latest information, obtained from that people a cession of no
less than thirty five millions of acres of land, an immense Territory
to which tliey allure Settlers very fast; my intelligence runs that
the}' have already drawn a thousand people there from Virginia
and this Province, and that they have sold the lands of which they
have got possession at first, at the rate of five Pounds but lately at
the advanced price of Twenty five jiounds Virginia money per
thousand Acres. If this monstrous usurpation of the Crowns
Dominion is suffered your Lordship will see, it cannot fail to induce
the worst Consequences, and I therefore hope it will have a timely
attention, and because it is an invasion of Lord Granville's proprie-
tary rights, that will be exceedingly injurious to the interests of that
nobleman and his family, for if this Land once becomes settled the
occupants will hold it rather by their own strength, and tlie false
titles derived from the present invaders for which they have paid so
roundly, than repurchase it from the lawfull proprietor, but
abstracted of private considerations of this nature I conceive it an
object of great public importance, to prevent the Establishment of
tliis Colony of freebooters, now without the jurisdiction of any of
the Colonies. The adventurers in this scheme already boast that
they have reimbursed themselves all their Charges, and have money
in bank. I have the honor to be etc.,

JO. MARTIN.

P. S. — I have tlie honor to transmit to your Lordship a material
piece of evidence against ]\P Dry in the Deposition of M' John
Stephen, Purser of the Cruizer Sloop of War. -Your Lordship will
also receive herewith two more Dei)ositions of Masters of Sliips, with
regaril to M' Ashes expedition to Fort Johnston.

COLONIAL RECORDS. 24";

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety CoininitteL' in Tryon County.

[14"" September ITTo.]

Met according to adjournment.

Present: Charles McLean, Chairman ; Thomas Espey, Fetty Mau-
ney, Frederick Hambright, George Russel, John Morris, Robt.
M'Minn, Abraham Kuykendall, John Robeson, John Barber, George
Black, James Logan, James M'Afee, Andrew Neel, Andrew Hamp-
ton, AV"; Thomason, Nicholas Friday, Benj Harden, Perrygreen
Mackness.

Whereas, Captain Andrew Hampton a Member of Committee of
this County hath made application to this Committee for Liberty
to apply to the Council of Safety of Charles Town for what Gun-
powder Lead and Flints can be purchased for the sura of Eight
pounds Seventeen shillings & six pence, Proc. Money of North
Carolina.

We therefore recommend that the said Capt. Hampton or such
person as he shall entrust may receive the said ammunition as lives
on the Frontiers of this County & muc'i exposed to the Lisults of
the Savages.

Resolved, That tliis Committee adjourn & meet at the Court
House on the fourth Tuesday of October next there to deliberate on
such matters as shall be judged necessary.

CHARLES MCLEAN.

[B. P. R. O. Am. & W. I.Ni).: Xo. Caroli.n-a. No. 223.]

Letter from the Earl of Dartmouth to Governor Martin.

AVhitehall 15"" Sepf 1775.
Sir,

I liave received from the hands of M'' Burgwine your dispatches
numbered 34, 35, 36, 37 & 3s, the two first being Duplicates, the
orieinals of which vou mention to have been trusted to M' Schaw,
who has not yet appeared.

The King gives full Credit to your Assurances of the unavoidable
necessity you was under of seeking refuge on Board the Cruizer
Sloop of War, and the reasons you a.«sign for submitting to the more

248 COLONIAL RECORDS.

humiliating Disgrace of seeing His Majesty's Fort Johnston burnt
by the Rebels in Gun shot of His Majesty's Ship, deserve attention.

In such a situation I must confess to you, that I think you are too
sanguine in your exj^ectatious of being able, if properly sujiported
in the manner you suggest to induce a large party of the Inhabi-
tants of North Carolina, to take up arms in support of Government,
but as you speak with so much confidence upon the subject it has
been thought proper to order 10,000 Stands of Arms and 0 Light
Field Pieces, to Ije immediately sent to the Commander in Cliief with
directions that if upon later and consequently better intelligence of
the State of North Carolina, he shall judge it practicabls to effect
what you suggest, he do, provided His Majesty's- service in other
respects will admit of it, send a Detachment of his Army, not less
than one complete Battalion to Cape Fear under the Command of an
able and Intelligent Officer, and with the Arms and Artillery I have
mentioned.

If these directions should be carried into Execution and the
measure proposed take place, it will be your duty to exert yourself
with all possible vigour and activity in order to secure its success,
and I am persuaded you will find that the Power and Authority of
your Commission as Governor are fully sufficient for that purpose
without restoring you to the Military Rank you thought fit to sell,
■which I must again repeat is a request that cannot be complied
with as it would be an injury to all those officers, who have now
that Rank. With regard therefore to the Highland Emigrants from
North Britain, you will not fail to pay a due attention to what I
have recommended to you upon that suly'ect in my letters numbered
15 and 19, and in case Lieu' Colonel Maclaine's plans should fail
the next most desirable object'will be, to engage those Emigrants as
Recruits for the American Army in General.

You certainly have done well in suspending M"' Dry from his seat
at the Council without communicating j-our reasons to the other
Members, and I make no doubt that the Lords of the Treasury to
whom I .shall communicate your Letter on that subject will remove
him from his office as Collector. I am, etc.,

DARTMOUTH.

COLONIAL RECORDS. ' 249

[FR05I MS. Records in Office of Secretary of State.]

Letter from Thomas M°Kuight to Samuel Johnston Esq.

Belville 17"' Se])f 1775.
Dear Sii;,

I have just now liad an opportunity of seeing a letter from Boston
dated August the ll"' in -which are some extracts of letters inter-
cepted from one of the ^L' Adames to M' Warren, president of the
Massachusetts provincial Congress — a copy of which I have inclosed
and have left this letter open that M' Iredell may have an oppor-
tunity of perusing it before he forwards this to you, should it be in
his power before your return home. You'll observe that this is only
for your own information because by some 'twould be deemed
inimical to su.spect M' Adams capable of such intention. Should
you however believe the letter to bo genuine as I firmly do, it may
incline you to examine the truth of my suspicions, that there is, and
has been from the beginning of the dispute, a fixed design in some
peoples breasts to throw off every connection with G. B. and to act
for the future as totally independant ; now however suitable this
may be to the Northern provinces, I cannot think it adapted to our
circumstances — but notwithstanding I am convinced no such designs
are harboured in this jiri^vince, I cannot help thinking we are grad-
ually and step by step drawn in to second them as effectually as if
we had been originally concerned in the plan. My ideas of the
interest of this Province prevents me from joining in measures of
violence which tend to separate us from Great Britain forever, or may
precipitSte us into that very state which we wish to guard against.
I am very far however from pretending any right to judge for the
community, or dictate to a single member of it, but surely I ought
not to be blamed for declining to be active in measures which I
cannot approve — but the violence of the times may increase to such
a degree as will scarcely permit a man to remain passive without
being exposed to the attacks of his private enemys under the cloak
of zeal for the cause of liberty — and when in his own defence he
offers to the publick the reasons which influence his conduct, that
very step to which necessity impells him is adduced as evidence of
his latent designs to hurt the cause by arguing against some of the
means used to promote it; but why do I say such may be the case?

250 • COLONIAL RECORDS.

It lias already been mine — and attempts to injure me in my person
& property have been made and countenanced not only by a Persons
& Jones, but by men whose general character entituled me to expect
from them humanity as well as justice — men who ought to have
been satisfyed after having done all that lay in their power to take
away my character & deprive me of the advantages of society ; their
endeavours however give me less uneasiness than your last letter
by which I find myself susj)ected of somewhat that indangers the
loss of your good o}iinion. Why did you not point out especially
what ])revented your subscribing yourself as sincerely mine as
usual, that I might have known what part of my conduct was nec-
essary to justify or alter? You have known Tny sentiments from
the beginning of the aiiair; they have been uniform and consistent
with my conduct. I believed they were your.s as well as mine — if you
have changed thi-m I am unacquainted with your motives. I know
you disdain duplicity of conduct, and notwiihstanding the apparent
current in favor of violent proceedings yrai would despise me for
chiming in with these without being convinced of their rectitude.

My heart assures me I have done nothing to forfeit your friend-
ship—I still rely on it; tell me therefore your Opinion of the steps
taken in the other Colonies, as well as of those intended to be pur-
sued in this — -and above all let me know what conduct you think
an honest man in my circumstances can pursue.
I am Dear Sir,

Your most obed' hum'''" serv'
THOMAS MACKNIGHT.

"The business I have had upon my mind has been as great tt
ini porta ct as can be trusted to man, and the difficulty ct intricacy
of it as prodigious. When 50 or 00 men have a constitution to
form for a great Empire, at the same time that they have a Country
of 1500 miles extent to fortify, millions to arm & train, a naval
Power to begin, an extensive commerce to regulate, a standing
army of 27000 to raise, pay, victual & officer; those 50 or GO men
are to be i)itied."

" We ought to have settled a month ago the legislative, executive
& judicial power of tlie whole Continent, and have completely
moilelled the Constitution — tu have raisej a naval Power, and
opened all our juirts wide — to have arrested every friend of Gov-
ernment on the Continent, and held them as hostages for the Poor

COLONIAL RECORDS. 251

victims in Boston and then ojiened the door as wide as possible
for peace & reconciliation; after this they might liave petitioned,
negotiated, addressed ifec" ifec" if they would — Is all this extrava-
gant? is it wild? is it not the soundest policy?"

We have a Continental Treasure to establish a paymaster to
chuse, and a Committee of Correspondence & Safety. Shall I hail
you Speaker of the House, or Councellor, or what? What kind of
an Election had vou? What sort of magistrates do vou intend to
make? Will your new Council and executive feel bold or irres-
olute? Will your Judicial hang, whip, tine, & imprison without
scruple ?

(N. B. His letter is to J\? Warren Pres' of the Prov' Congress.)

In Conclusion there is this stricture upon General Colonel Lee.

"You observe in your letter the oddity of a great man: he is
a queer creature, but you must love his dogs if you love him, and
forgive a thousand whims for the sake of the Soldier & the Scholar."

[From BIS. Records in Office of Secretary of State.]

Proceedings of tlie Safety Committee in Surry County.

Wednesday Sept' 20"' 1775.

Committee met according to Adjournment.

Present: Benjamin Cleaveland, Ch"; .Jesse Walton, Jolm Hamlin
Sam'l Freeman, George Wheatley, John Hudspeth, Paul Pattrick,
Richard Goode, Joseph Winston, James Hampton, George Lash,
John Pinckley, Frederick Alberton, David Martin, John Parks,
David Allen, Matthew jNIoore, John Dunkin, William Hickman,
Jacob Ferree, William Brown, James Jones, William Hall, J.ames
Doak, Elijah Isaacs, Thomas Johnson, Joseph Phillips, Charles
Waddle, John Armstrong.

Resolved, that as Mr Jolm Hamlin Refuses to Act as one of the
Sub Committee of Safety for this County that we Recommend Mr
W" Hall in his stead.

Resolved, That we will Agreeable to the Resolves of tlie Con-
tinental Congress suppress all Immorality and "N^ice, all kinds of
sporting Gaming, Betting or Wagering whatsoever.

Committee Adjourns Till Tomorrow 6 Oclock.

252 COLONIAL RECORDS.

[From MS. Records in Office of Secret.^ry of St.vte.]

Procee lings of the Sa-fety Committee in Rowan County.

Salisbury September 20"', 1775.

Tlie Committee for the County of Rowan met accordiug to
Adjournment.

Present : Samuel Young in the Chair, James Brandon, Clerk ; Alex-
ander Osl:)orn, .John Brevard, Gritfith Rutherford, William Alexander,
Francis j\I°Corkle, James Wilson, Joseph Dixon, Nunan Steel, John
Montgomery, David Caldwell, John Nesbett, James Smith, George
Davidson, William Davidson, William Gant, Samuel Harris, Peter
Mull, Joseph Lawrance, Ephriam M°Clain, John Davidson, William
Cowan, Jun", Robert j\Ioore, John Hardin, Josiah Black, Jacob
Nicholas, Mathias Barringer, Peter Ager, Thomas Blackshier, Isaac
Wilcockson, Hugh Brevard, John Lewis Beard, Christ' Beekman.

Josiah Black and John Hardin contending for the Captains Com-
mition of a vacancy on the Cautaba river,

Resolved, That they return home and give public notice to the
Inhabitants of the district to meet at William Walkers on the fifth
day of October next to choose and elect their Officers, and that
Christopher Beekman is directed to see said election regularly and
justly carried on, and that James Greenlee and Andrew Work be
the Clerks for said Election, who are directed to deliver the polls of
said Election to Christopher Beekman, who shall make due return
thereof to the Committee in Salisbury — and that the Bounds of
said district shall be as follows, viz: to start upon the Cautaba river
half a mile above Joseph Dobson's, running thence to John Ken-
nedy's on Silver Creek, thence up said Creek to the Tryoii line,
thence down said line oposit to Wliitner's bottom on Jacobs River,
thence to Silver Creek Rode, thence to Jacob Ferriberry's upon the
Main Cautaba river, thence u]) said river to the beginning.

Number of Taxaljles given in by the following Captains, Viz:

Ca2)tain M'Cray's Company . — 91

Capt. Archibalds do 144

Capt. Berkley's do 150

Capt. W°' Davidson's do ^ 115

Capt. M'Corkle's do 04

Capt. Robinson's do 113

COLONIAL RECORDS. 253

Capt. Mathias Barringer's Company 88

Capt. Beckman's do 114

Capt. Dickson's do 11(J

Adjourned to the 21" after 6 o'clock in the morning.

The House met according to adjournment.

Mr. John Work complained that David Vance is indebted to him
by note near fourteen Pounds proc. Resolved that the said .John
Work demands this debt of th^e said David ^^ance, and upon non-
payment thereof to demand Securit}' for the payment of the same
in three months from the date thereof, and upon refusal to apjily to
the Clerk of the Court for the ordinary [irocess for tlie recovery of
the same.

Whereas Captain George Davidson hath been charged I_)y some
persons "with supplying the Cherokee Indians with Ammunition.
But upon examination of the evidences find that the accusation is
false and groundless. The said Captain Davidson is by this house
thought clear of the above charge.

Whereas, Robert Latta complained to tliis Committee that sundry
persons is Indebted to him & will not pay their accounts.

Resolved, That the said Robert Latta again make demand of each
person his debt, & upon non-payment, to demand Security for the
payment of the Same on the 'first day. of November next. Upon
failure thereof he is hereb\' authorized to sue for the same.

Resolved, That Captain Brevard cite John Perkins to appear
before the next Committee in Salisbury to give an account of his
political sentiment relative to American freedom.

Resolved, That Captain Dixon, John Brevard, Captain Davidson,
Col° Osborn, Col° Rutherford, James Kerr, William Alexander and
James Brandon be a Committee to attend at Adam Terrence's on the
25"" Instant, before whom a certain James Garniss shall be caused
to appear by Capt William Davidson to render an account of his
political sentiments relative to American Liberty and be subject to
the determination of said Committee.

Resolved, That Capt William Davidson give notice to .John Oli-
phant to apjiear before next Committee in Salisljury to render an
account of some late conduct in opposition to American ]\Ieasures.

Resolved, That the Chairman of this Cohamittee address to the
Committee of Safety in Charles Town, Requesting them to send us

254 COLONIAL RECORDS.

as large a quantity of Gun jjowder as they can conveniently spare,
for the safety and defence of this County.

And the Credit of this Committee is hereby pledged for the pay-
ment of the prime cost and a reasonable advance to ^Lltthe^v Locke,
William Nesbit or .Jas. Brandon for purchasing & bringing up the
same.

Resolved, That this Committee will pay John Work the sum of
five Shillings- "5? pound for the Gunpowder and lOd. "i^ lf> for the lead
mentioned in last Committee Resolve against the first of Feb'y next.

SAM'L YOUNG, Clk.

James Brandon, Sec'y.

Pursuant to Order of last Conmiittee, the following members
appeared at Adam Terrence's on the 25"' of Sep., 1775, viz,

John Brevard, Chairman; Griffith Rutherford, Geo. Davidson,
Joseph Dickson, W" Alexander and James Kerr.

After maturely examining & hearing the Culprit, James Garniss,

Resolved, That altho' the sai<l James Garniss has said some
things disrespectfully of the Measures pursuing for the preservation
of American freedom. He has heartily professed his sorrow for the
same and has signed the Test proposed by provincial Congress.

Signed by JOHN BREVARD, Clk.

[From JI.'S. Recueds.in Office of Secret \ky of Siwte.

Proceedings of the Safety Connnittee in Surry County.

Thursday Sejit^ 21^', 1775.
Committee met according to Adjournment.

Rules w Committee.

Resolved, That Every person keep their Seats.

2. And when. they make a motion they shall rise up and address
the Ch".

3. And that he shall put the (Question and the Votes be taken.

4. Only one to sjicak at a time.

5. And if one makes a motion and not Seconded for it not 1 e
Noticed.

COLONIAL RECORDS. 255

('). And that no member of this Comfnittee shall Depart without
Leave.

7. And that any Member Behaving Disorderly either by Getting
Drunk, Swearing or any other Vice, shall be lined and subject to
the same penalties as officers of the Court and no notice taken of
tlieir Motion until satisfaction is made to the Committee, And the
fines Applyed as other fines of like nature for the L^se of the Parish.

Resolved, That for a Committee of Secrecy and intelligence, this
Com'" has truly Elected John Hamlin Ch", .Joseph Winston, Richard
Goode, Jesse Walton, Joseph Phillips, -James Doak and ^Latthew
Moore.

Resolved, That those who stand in opposition to the Common
Cause, shall have no benefit of the proceedings of this Committee.

The Committee Adjourns till further Orders.

BENJAMIN CLEAVELAND, Chair".

Bv Order, \W Lenoie, Clk.

[From JIS. Records in Office of Secretary of State.]

Pioceedings of the Safety Committee of Pitt County.

Martixbokough, Sept. ■23'''', 1775.

The committee met and agreed the Resolve that was passed in
Hillsborough should be entered vcrlifdim as under mentioned.

JOHN SIMPSON, Chairman.

NuiiTii Cakolixa,

Resolved it be Recommended to the Committees of the several
Countys and Towns in this Province to Obtain an E.xact list of the
Inhabitants within their respective Counties and Towns — Di.stin-
gui.shing in such lists the N" of white male Persons Between the ages
of 1() and 50 years, the N° of males above 50 and under 16 years, the
N° of white women, the N° of Eema'.e children, tlie N" of black
male slaves being taxables, the N° of Females who are taxables &
the N° of slaves not ta.xables. And that such list be returned certi-
fied by the Cliairman of tiie < ommittee to the President of the Con-
gress on or before the first day of November next.

In Coni;ress at Hillsboroug'i Aug' 25"' 1775.

By Order ANDREW KNOX, Sccv.

256 COLONIAL RECORDS.

According to the Resolve of Congress at Hillsborough, the Com-
mittee met and resolved that the Cajatain of each Company should
give directions to Seroents to warn in a just list of what number
their Family contains, white and Black, male and Female, with
their ages.

The Committee of this County is adjourned untill Monday week
the 2"'' day of Octolier 1775.

[REPraNTED FROM THE AMERICAN ARCHIVES. VOL. 4. PaGE 553.]

Minutes of a Meeting of the Proprietors of Transylvania.

25"' September 1775.

At a meeting of the Proprietors of Transylvania, held at Oxford,
in the County of Granville, on Monday the twenty-fifth day of Sep-
tember Anno Domini 1775.

Present: Colonel Richard Henderson, Colonel Thomas Hart,
Colonel John Williams, Captain .John Luttrcll, William Johnston,
James Hogg and Leonard H. Bullock.

Colonel Henderson being unanimously chosen President, they
took into their consideration the present state of the said Colony,
and made the following Resolve, viz :

Resolved, That Colonel John Williams be appointed Agent for
the Transylvania Company to transact their business in the said
Colony; and he is accordingly invested with full power, by letter of
Attorney.

Ordered, That Mr. Williams shall [iroceed to Boonesborough, in
the said Colony, as soon as possible, and continue there until the
twelfth day of April next; and to be allowed, for his services, one
hundred and fifty pounds. Proclamation money of North Carolina,
out of the profits arising from the sale of lands, after discliarging tlie
Company's present engagements.

N. B. — In case the Settlement should be Ijrokcn up by attack of
Indians, or other enemies, ,so as to render it impossible for Mr Will-
iams to continue there and execute the trust rejjosed in him, it is
agreed by the Company, that he shall still be paid the above salary,
at the expiration of three years.

Resolved, That Mr. Williams be emixiwored to appoint one or
more Surveyors, and the other officers of the Land Office, for tlie
said Colonv, as he may find it necessary.

COLONIAL RECORDS. 257

Clerks, Surveyors, and Chain-Carriers, to be sworn before they act.

Resolved, In case of the death or removal of Mr. Williams, that
Colonel Richard Henderson, Captain Nathaniel Hart, and Captain
John Luttrell, or any one of them, be and are hereby, declared
Agents for the said Company, with the same powers as are given to
Mr. Williams, until a new appointment shall be made by tlie Pro-
prietors.

Resolved, That the Agent shall not grant any Lands adjoining-
Salt springs, gold, silver, copper, lead, or sulphur mines, knowing
them to be such.

Resolved, That a reservation to the Proprietors, of one half of all
gold, silver, copper, lead, and sulphur mines, shall be made by the
Agent, at granting deeds.

Resolved, That the Agent shall take a counterpart of all deeds
granted by him, and shall transmit them to the Proprietors, residing
in the Province of North-Carolina, to be audited, with his other
proceedings, by the Company.

Resolved, That all surveys shall be made by the four Cardinal
points, except where rivers or mountains so intervene as to render it
too inconvenient; and that in all cases where one survey comes
within the distance of eighty poles from another, their lines shall
join witliout exception; and that every survey on navigable rivers
shall extend two poles out for one pole along the river ; and that
each survey not on navigable rivers shall not be above one-third
longer than its width.

Resolved, That a present of two thousand acres of Land be made
to Colonel Daniel Boone, with the thanks of the Proprietors, for the
signal services he has rendered to the Company.

Resolved, That the thanks of this Company be presented to
Colonel Richard Calloway, for his spirited and manly behaviour in
behalf of the said Colony; and that a present of six hundred and
forty acres of Land be made to his youngest son.

Resolved, That James Hogg, Esq., be appointed Delegate to repre-
sent the said Colony in the Continental Congress, now sitting at
Philadelphia ; and that tlie following Memorial be presented by him
to- that august body.

To THE Honourable the Continental Congress now Sitti;s'g at

PHILAJJUgLPHIA.

The Memorial for Richard Henderson, Thomas Hart, John Wil-
VOL. X — 17

258 COLONIAL RECORDS.

liams, Nathaniel Hart, John Luttrell, William Johnston, James-
Hogg, David Hart, and Leonard Henl}' Bullock, Proprietors of
Transylvania, sheweth :

That on the seventeenth dav of March last, for a larw and valua-
ble consideration. Your Memoiialists obtained from the Cherokee
Indians, assembled at Watauga, a grant of a considerable territory
now called Transylvania, lying on the South side of the river Ohio.

They will not trouble the honourable Congress with a detail of
the risks and dangers to which they have been exposed, arising
from the nature of the enterprise itself, as well as from the wicked
attempts of certain Governors and their emissaries; they beg leave,
only, to acquaint them that, through difficulties and dangers, at a
great expense, and with the blood of several of their followers, they
have laid the foundation of a Colony, which, however mean in its
origin, will, if one ma}' guess from present ap[)earances, be one day
considerable in America. .

The Memorialists, having made this purchase from the Aborigines
and immemorial possessors, the sole and uncontested owners of the
country, in fair and open treaty, and without the violation of any
British or American law whatever, are determined to give it up
only with tlieir lives. And though their Country be far removed
from the reach of Ministerial usurpation, yet they cannot look with
indifference on the late arbitrary proceedings of the British Parlia-
ment. If the United Colonies are reduced, or will tamely submit
to be slaves, Transylvania will have reason to fear.

The Memorialists by no means forget their allegiance to their
Sovereign, whose constitutional rights and pre-eminences they will
support at the risk of their lives. They flatter themselves that the
addition of a new Colony, in so fair and equitable a way, and with-
out any exj^iense to tlie Crown, will be acceptable to His Most Cra-
cious Majest}', and that Transylvania will soon bo \vorihy of liis
Royal regard and protection.

At the same time, having tlieir hearts warmed with the same noble
spirit that animates (lie United Colonics, and moved with indigna-
tion at the late Ministerial and PaiJiamcntary usurpations, it is
the earnest wish of the Proprietors of Transylvania lobe considered
by the Colonies as brethren, engaged in tlie same great cause of
liberty and of mankind. And, ;is l)y reason of several cirt-umstancos,
needless to be here mentioned, it was impossible for the Proiirietors
to call a convention of the settlers in such time as to iiave their con-

COLONIAL RECORDS. 259

currence laid before this Congress, they here i^ledge themselves for
them, that they will concur in the measure now adopted by the
Proprietors.

From the generous plan of liberty adopted by the Congress, and
that noble love of mankind which appears in all their [iroceedings,
the Memorialists please themselves that the United Colonies will
take the infant Colony of Transylvania into their protection ; and
they, in return, will do everything in their power, and give such
assistance in the general cause of America as the Congress shall
judge to be suitable to their abilities.

Tlierefore the Memorialists hope and earnestly rec|uest, that Tran-
sylvania may be added to the number of the United Colonies, and
that .James Hogg Esq. l>e received as their delegate, and admitted
to a seat in the honourable the Continental Congres.s.

By order of the Projirietors.

RICHARD HENDERSON, President.

«

Pesolved, That Mr. Hogg be empowered to treat and contract with
any person or persons who may incline to purchase Lands from the
Company, and that he be allowed his expenses for transacting the
above business.

Resolved, That the united thanks of this Company be presented
to Colonel Richard Henderson, Captain Nathaniel Hart, and Captain
John Luttrell, for their eminent services and publick .spirited con-
duct, in settling the aforesaid Colony.

Resolved, That from this time to the first day of June, one thou-
sand seven hundred and seventy-six, the Lands in I he .said Colonv
shall be sold on the following terms: No survej^ of Land shall con-
tain more than six hundred and forty acres, (except in juirticular
cases); and the purch.ser shall pay for entry and Avarrant of survey
two dollars; for surveying the same and a plot thereof, four dollars;
and for the deed and plot annexed, two dollars. And also shall
pay to the said Proprietors, their .Agent, or Receiver for tlie time
being, at tlie time of receiving a deed, two pounds ten shillings
sterling for each hundred acres contained in such deed; also an
annual quit-rent of two shilling.s, like money, for every liundrcd
acres, commencing in tlie year one thousand seven hundred and
eighty. And that any person who settles on the said Lands before
the first day of June, one thousand seven liundred and seventv-six,
shall have the privilege, on the aforesaid conditions, of taking up

260 COLONIAL RECORDS.

for himself any quantity not above six hundred and forty acres;
and for each taxable person he may take with him, and settle there,
three hundred and twenty acres, and no more.

Resolved, That Colonel Richard Henderson survey and lay off,
within the said Colony, in such places and in such quantities as he
shall think proper, not less than two hundred thousand acres, here-
after to be equally divided amongst the copartners, or their repre-
sentativcH, according to their rateable part, (as fully set forth in the
Articles of Agreement entered into by the copartners;) and that each
copartner be permitted, by himself or his deputy, to make choice of,
and survey in one or more jilaces, any quantity of vacant Land in
the aforesaid Colony, for his or their particular use ; but not above
two thousand acres, and that agreeable to the aforesaid rateable pro-
portions, unless on the same terms, and under the same regulations
and restrictions as laid down for other purchasers.

Resolved, That not more than live thousand acres shall be sold
to any one person who does not immediatelj^ settle on the said Land ;
and that at three pounds ten shillings sterling per hundred, and not
more than one hundred thousand acres in the whole on these terms.

Resolved, Tliat the Agent deliver what money he may have
received for the sale of lands to Colonel Thomas Hart, when he
leaves the said Colony, and that Colonel Hart pay what money may
be due from the Company to the people at Watauga on his return ;
and that the remainder be applied to the payment of the Company's
other -debts.

Also that the Agent take the first safe opportunity of remitting
what further sums he may receive thereafter to AVilliam .Johnston,
Treasurer, to be by him applied towards paying off the Company's
debts.

Resolved, That William Johnston be impowered to bargain and
contract with any jaersons inclining to purchase lands in the said
Colony.

Ordered, That Mr. Johnston do in behalf of the Proi)rietors,
accommodate Mr. Peter Hay, merchant, (at Cross Creek, Cumber-
land County, North Carolina), witli a present of one thousand acres
of Land in the said Colony, for his friendly behaviour towards the
Company ; or in lieu thereof, that ]\L-. Hay be permitted to i)urchase
ten thousand acres, witliout being obliged to settle the same, at two
pounds ten shillings, sterling, per hundred acres, subject to office
fees and quit- rents.

COLONIAL RECORDS. 201

Resolved, That a present of six hundred and forty acres of Land
be made to the Reverend Mv. Henry Patillo, on condition tliat he
will settle in the said Colony.

Resolved, That the Agent duly attend to the above Resolves,
unless when the interest of the Company makes the contrary neces-
sary.

By order of the Proprietors :

RICHARD HENDERSON, President.

[From MS. Records in Office of Secretary op State.]

Proceedings of the Safety Committee in Pitt County.

Martinborough, Monday 2"'' October, ] 775.

The Committee met this day aforesaid according to adjournment.

Resolved, That the Chairman agreeable to a Resolve of tli'e
provincial Convention lately held at Hillsboro, Advertise the free
holders of this County to appear at the Court House in Martin-
borough on the third Tuesday in October, then to elect any number
of persons not exceeding five to represent this County the next
provincial Congress, and also at the same time to elect twenty-one
or more Proper Persons to act as a committee of said County for the
ensuing year.

Whereas John Tison who has acted in many instances prejuditially
to the Just Rights of America being called upon by this Committee
to answer for his conduct in that Respect hath Exhibited the follow-
ing confession as his own acts and Deeds viz,

I John Tison of my own free will and consent do sware on the
Holy Evangelist that I will not hereafter, Directly or Indirecth' do
anything that shall be injuriously to my Country knowingly or
willingly, and that I am willing to conforme to the Association as
far as I have seen, that is now in this County. All this I do sware
in the true faith of a Christian — so help me God.

Signed by, JOHN TISON.

Being present.

James Lanier, Peter Rives, John Hardee, .Jun. appeared and Dis-
mi.ssed.

This Committee adjourned to the Third Tuesday in October.

JOHN SIMPSON, Chair.

262 . COLONIAL RECORDS.

[Fbom MS. Records in Office of Secretaby of State.]

Proceeiings of the Safety Committee at Wilmington.

At an occasional meeting of the Committee.

Present: Cornelius Harnett, Chairman; Tim Bloodworth, A. Lil-
lington, Jno. Devane, John Hollings worth, James Moore, A. Ronald-
son, ^^"m. "Wilkinson, Wm. Ewins, Win. Campbell, "Jno. Ancrum,
Win. Purviance, Adam Boyd, Caleb Grainger.

Whereas it appears to this Committee that several vessels cleared
out by the officers of His Majesty's customs, are still remaining in
this river.

Resolved, That every vessel now in the river of Cape Fear, loaded
and cleared out as above (before the lO"" day of Sept. last) do pro-
ceed on their respective voyages within ten days from this date.

It appears to this Committee that Moses Buchanan is confined in
the County Gaol by virtue of a writ served on him (since the lO""
day of September last), at the suit of Robert Baniierman, contrary
to a Resolve of the Congress of this Colony, lately held at Hillsboro,
prohibiting the commencement of any civil suits without the consent
of a Committee.

Ordered, That in pjursnance of such Resolve, that the said
Moses Buchanan be discharged from his confinement.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 223.

Letter from Governor Martin to Samuel Johnston Esq.

Cruizer Sloop of War in Cape Fear River,

October 7'" 1775.

Sir,

Notwithstanding the respect I have entertained for your private
character, notwith.standing my repugnance to oppose to its merits
your conduct in public and political transactions, during the present
unnatural, unhappy and much to be lamented contest between
Great Britain and her Colonies, which my long forbearance
towards you must have evinced, you have reduced me to the neces-
sity I wishe<l to have avoided of choosing between the two disagree-

COLONIAL RECORDS. 263

able alternatives of testifying my disapprobation of your conduct
officially, or taking upon myself the guilt of conniving at the
undutiful behaviour of one of the King's servants, which last being
utterly inconsistent with my ideas of the duty I owe His Majesty, I
cannot hesitate to make my election of the former, however painfull
my respect for M' Johnston makes that decision.

I have seen with astonishment your late appearance in the con-
spicuous character of Moderator of a popular Assembly unknown
to the Laws and Constitution of this Province and summoned and
convened by yourself. And I have seen with greater surprise if
possible, your' acceptance of the appointment of Treasurer of the
Northern District of this Colony, unconstitutionally and contrary to
all Law and usage conferred u]ion you by this Body of your own
creation, on whose other acts so derogatory to the just authority of
the King and so utterly subversive of the Constitution of this
Country, I siiall not here enlarge, although I do most sincerely &
unceasingly deplore them.

Your Conduct in these instances Sir I am bound to consider such
manifestations of your undutyfulness to His IMajesty and His
Government and such an avowal of your participation in the present
fatal disorders of this Country as render it altogether unfit, and
inconsistent with my duty to the King to permit you to continue
Deputy Naval Officer of this Province: and I am to inform you
that I have accordingly appointed M' Archibald Neilson to super- ,
sede you as Deputy Naval Officer of this Colony, from which Office
you are hereby suspended until Llis Majesty's royal pleasure shall
be known. I am Sir &c.,

JO. MARTIN.

[From MS. Records in Office of Secretary op State.]

Proceedings of the Safety Committee at "Wilmington.

October IP" 1775.

At an occasional meeting of the Committee.

Present: John Ancrum in the chair; A. Maclaine, James Geekie,
John Forster, Wm. Ewins, P. Mallutt, A. Ronaldsou, Adam Boyd.

Col. James Moore having applied to this Committee for 150 lbs.
gunpowder, and 6 cwt. of lead or ball for the use of the troops under
his command :

264 COLONIAL RECORDS.

Ordered that the above quantity of ammunition be delivered to
Col. Moore or his order as he may have occasion for the same.

Mr Samuel Southerland applied for leave to import a cargo of
salt from the AVest Indies, whereupon the question being put, this
committee declined giving any opinion and referred it to the Com-
mittee of Safety.

[B. P. R. O. Am. & W. IND.: No. Cakolixa. No. 222.]

Letter from Governor Martin to the Earl of Dartmouth.

N° Carolina Cruizer Sloop of War,

In Cape Fear River, Ocf 16'" 1775.
My Lord,

Since my last letter to your Lordship I hk,ve had the honour to
receive your Lordship's Dispatches N°' 17 and 18 by the return of
an Express Boat which I ventured to send to Charles Town about a
month ago in expectation of the arrival of a Mail from England.

Pursuant to his Majesty's Commands signified to me by your
Lordship's dispatch of the former number your Lordship may
depend I shall make the Resolutions of the Lords of Trade on the
representations of the Assembly's Agents touching the Law of
Attachments and the proposed provisions in the Court Law to which
they refer my absolute rale and guide with regard to those points
whenever they shall again be agitated in the Legislature of this
Province of which I most sincerely wish I could see a nearer prospect.

The account which your Lordship is pleased to give me by your
Dispatch N" 18 of the King's firm resolution to pursue the most
vigorous measures by sea and land for reducing his Majesty's rebel-
lious subjects on this Continent to obedience cannot but afford satis-
faction to every faithful subject of his Majesty as it is certainly a
determination founded in humanity as well as good Policy, for the
longer the present prevailing spirit of Rebellion is suffered to
triumph without clieck, the more widely it will spread and the more
blood it will cost to subdue it. I most sincerely deplore at the same
time the miseries that impend the People of this vast continent in
general owing to the fatal influence of a few ungovernable turbulent
and factious spirits who have astonishingly had tlie address to
involve this multitude of people by fallacious and specious alarms
in the guilt of Rcl)ellion to support themselves in the prosecution

COLONIAL RECORDS. 265

of their owu horrid schemes and devices from which if the real
ends and objects of the Contrivers were discernible to them I do
firmly believe the People of America in general would turn with
abhorence and aversion, but there is a fascination belonging to the
word Liberty that beguiles the minds of the vulgar beyond the
power of antidote.

Your Lordship may depend I will not fail in the strictest observ-
ance of His Majesty's commands to exert every endeavour and to
employ every means that shall be in my power to aid and support
General Gage and Admiral Graves in all such operations as they
may think proper to undertake for carrying the King's orders into
full execution and restoring tlie authority of his Majesty's Govern-
ment, at the same time I grieve to be obliged to acknowledge to
your Lordship that I have not the least power at present to assist
their operations.

The Provincial Congress lateh' held at Hillsborough has produced
all the ill consequences that I apprehended from it, I beg leave to
refer your Lordship for such of its proceedings as have been made
publick to the Cape Fear Mercuries of the 15*, 22°* and 29"' of Sep-
tember herewith enclosed which discover but too plainly the
extravagant spirit that jjrevailed in that Assembly. My private
Informations of its temper differ widely, on the one hand I learn (and
from authority to which I am inclined to give the greater credit)
that the measures of raising troopes met with warm opposition from
the Delegates of the Western Counties and that it was carried
against them by the rule of taking the votes by Counties, of which
those upon the Sea Coast and in the midland Country formed a
great majority in favour of it, much owing to the influence of the
.candidates for military honours in this Southern part of the Prov-
ince and more to their thirst for the profits with which they expected
them to be accompanied. On tlie other hand I hear that the oppo-
sition of the Western Counties was only to the number of Troops
intended to be raised, first proposed at three thousand men, which
ceased on the reduction of the number to one thousand and that
they concurred in every other measure at which if it Ise true I can-
not indeed greatly wonder when I consider the extreme ignorance
of the Inhabitants of that part of the Country and the arts imployed
to Seduce them by the inflammatory Spirits who have taken the
lead in all the popular Assembly's of this Colony. According to my
information a Committee was appointed by this Provincial Congress

266 COLONIAL RECORDS.

to gain over the late Insurgents in tlie Western Counties, who had
heretofore made to me the strongest professions of their loyalty and
duty to the King and of their resolution to support his Majesty's
Government as also to treat with the Cherokee Indians, and my
intelligence runs that tliis Committee received assurances from the
former tliat they would observe a strict neutrality, but I can learn
nothing of its success with the Indians. I have heard too My Lord
with infinitely greater surprise and concern that the Scotch High-
landers on whom I h^id such firm reliance have declared themselves
for neutrality, which I am informed is to be attributed to the
influence of a- certain M' Farquhard Campbell an ignorant man
who has been settled from his childhood in this Country, is an old
^Icmber of the Assembly and has imbibed allthe American popu-
lar principles and prejudices. By the advice of some of his Countr}--
men I was induced after the receipt of your Lordship's letter No. 16
to communicate with this man on the alarming state of the Country
and to sound his disposition in case of matters coming to extremity'
here, and he expressed to me such aljhorence of the violences that
had been done at Fort .Johnston and in other instances and discov-
ered so much jealousy and apprehension of the ill designs of the
Leaders in Sedition here, giving me at the same time so strong
assurances of his own loyalty and the good dispositions of liis
Countiymen that I unsuspecting his dissimulation and treachery
was led to impart to him the encouragements I was autliorized to
hold out to his Majesty's loyal Subjects in this Colony who should
stand forth in support of Government which he received with much
seeming approbation and repeatedly assured me he would consult
with the principles among his Countrymen witliout whose concur-
rence he could i)romise nothing of himself, and would acquaint me
with their determinations. From the time 'of this conversation
between us in July I heard nothing of M"' Campbell until since the
late Convention at Hillsborough, where he appeared in the Character
of a Delegate from tiie County of Cumberland and there, according
to my information, unasked and unsolicited and without jirovoca-
tion of any sort was guilty of the base Treachery of promulging all
I had said to him in confidential secrecy, which he had jiromi.scd
sacredly and inviolal)ly to observe, and of the aggravating crime of
falsehood in making additions of his own invention and declaring
that he had rejected all my propositions — fortunately however he
could discover nothing new: for tlic jiulilic here were already fully

COLONIAL RECORDS. 20/

acquainted with tlie contents of youi' Lordship's letter, to whicli my
conversation with ]\r Campbell referred, Copies of it having been
circulated here by the Committee of Charles Town who intercepted
and detained the Original.

Thus my Lord I have the mortiiication to see all the fair promis-
ing advantages which this Country atibrded me for supporting His
Majesty's Government wrested from me by the machinations of sedi-
tion for want of all the necessary means to use and improve them.
Seven months have elapsed since my first application to General
Gage for arms and ammunition in all which time I have not received
the shadow of supj^ort while the busy spirit of Faction has had full
opportunity to play off all its artifices and to counteract all my
endeavours for his Majesty's service and the present state of affairs
here evinces its fatal success. Still My Lord if I ever am supported
I shall not fail to employ every effort to regain my lost ground which
may not yet be impossible altho I confess nothing can be more dis-
couraging than my present prospects. I wish my Lord not to be
understood bj' this representation to impute in any sort or degree
the disappointment of my Avell founded, expectations o^f maintainmg
the King's Government in this Country to neglect or remissness on
the part of General Gage for I am verj' confident from my own
knowledge of that Gentleman and his zeal for his Majesty's service
I should have wanted no aid which he could have afforded me for
the advancement of the public service, my design and meaning is
only to account to your Lordship for the misfortune of losing this
Colony and to shew that the present total subversion of order and
Government in it has been wholly owing to my want of all the
means to use and improve timely those advantages by which.
I have so long flattered your Lordship as well as myself I should
be able to retain it, in a state of obedience to lawfull authority and
Government. After all however I am yet induced to hope that if
the present unnatural contest should continue and Government shall
think proper to try effectually its strength in this Province it will be
found that the Scotch here have only been dormant for want of
sujiport and that they have not lost their loyalty or love for tlieir
Mother Country and if it is thought advisable My Lord to aid me
with two Battalions I would humbly recommend that they be of
Highlanders of which we have these in a large body raising in
Britain rather than any other Troops not only because they will
recruit here with greater facility but as they will be the sure means of

268 COLONIAL RECORDS.

restoring ami establisliing the good dispositions of the large Body
of their Countiymen settled in this Province and I must add with great
submission that I think the recovery of this Colony which by these
means will be easily effected is an object of vast consequence and
highly deserving attention if the accommodation I most ardently
wisli for does not soon take place which I know not upon what prin-
ciple to expect.

I transmit to your Lordship herewith enclosed a North Carolina
Gazette of the G"" instant containing in the iirst page a very extraor-
dinary Plan of confederation for the united Colonies which was
introduced to the late Congress at Hillsborough I am well informed
by IVP William Hoojier a native of Boston who was the 'author of
the very inflammatory letter addressed to the Committees here,
which I transmitted to j'our Lordship some time ago that is said to
have been the first cause of violence in this Country and which
was signed by him and the other two Delegates from this Colony to
the Continental Congress who all returned from Philadelphia to
attend this provincial meeting. lam glad to see My Lord there
was temper and moderation enough in that Assembly to reject this
proposition for the present and I am highly pleased with the
restrictions laid on the Delegates to the Congress which I am willing
to consider a good presage. This Plan it would seem ]My Lord
must have come with some sort of recommendation from the Phila-
delpliia Congress but perhaps not in its aggregate capacity not-
withstanding the disavowal in the preface to it, For your Lordship
will observe towards the conclusion it is said These Articles sJiall be
postponed to the several Provincial Conventions or Assemblies dx: a
language of authority one cannot suppose the Delegates of North
Carolina to hold alone. I confess I think this Piece bears strongly
the impression and characters of New England manufacture and
craft for the principle of Population on which the great governing
power is to be pro[)ortioned and formed however speciously equita-
ble will forever in the nature of things secure the balance to the
Northern Colonics which consequently if this Plan could be estab-
lished would give law to the Southern Provinces and finally subju-
gate them as is the object and ultimate design I must suspect of
the N. England lust of domination but however right or wrong these
my conjectures may be the Paper in question like many of the
publications of the Continental Congress has so much of tlie appear-
ance of .system and breathes .so strongly tlie spirit of indopendance

COLONIAL RECORDS. 269

that with the best inclinations to construe the designs of the Leaders
of American Politics in the most favorable and liberal manner it is
difficult for the most impartial and unprejudicial mind to believe
their uniform professions and declarations against any views of that
nature, it is nevertheless far from me and my intentions to judge them.
Heaven knows what are the real views of them at large! I for my
part deplore most sincerely the unnatural subsisting contest and
most fervently pray for a just constitutional honorable and speedy
termination of it devoutly wishing that the late Petition of the
Continental Congress to his Majesty which discovers much more of
temper and respect than their former applications may open a waj'
to this most desirable event.

Among other Institutions of the late Provincial Congress your
Lordship will observe it has appointed a Provincial Council which
is vested with supreme power during the recess of that Assembly.
In this select bodj^, consisting of thirteen members, there are no less
than seven Attornies, all of whom are most infamous or most con-
temptible characters except M' Samuel Ashe and IVP Samuel John-
ston, who have the reputation of being men of integrity. Among
the rest of its members there are scarcely any of good principles or
character, and some of them are despicable to the last degree.

AP Samuel .John.stou having summoned and convened the late
Congress at Hillsborough and jjresided therein, and having also
accepted the office of Treasurer of the Northern District of this Col-
ony under the appointment of this unconstitutional Assembly of
his own creation, in open violation of an Act of the Provincial Leg-
islature, by wliich Treasurers are appointed and actuallv existing.
I have thought it high time and indispensiblj^ my dut}^ to supersede
him as Deputy Naval Officer of this Province, and I have accord-
ingly appointed M' Archibald Neilson, a gentleman well qualihed
by his knowledge, integrity and good principles to act in that Office
until His Majesty's Pleasure shall be known. He is indeed the only
capable person that, in my present state, cut off from all intercourse
with the country, I can appoint, or with whom I can connnunicate
upon the subject. I do not think, however, that I could at anj- time
make a better choice in this Province, and I have therefore recom-.
mended M'' Neilson to M' Turner, the Patentee of the Naval (Office
of this Colony (now residing in England) for his confirmation, and
I beg leave to express my wishes that if it Ke proper and consistent
your Lordship may be pleased to interpose your authority with him

270 COLONIAL RECORDS.

to ratify my appointmeut of this Deputy, lest, ignorant as lie is of
the People of this Countr}^ he shall make clioice of an improper
person. M' Neilson, the Gentleman of my nomination, oflers and
will secure to AP Turner in the most acceptable manner the same
consideration of his Office that he received from M' Johnston.

It has transpired but does not appear in the proceedings of the
Provincial Congress held at Hillsborough printed in the enclosed
Papers that it voted the sum of sixty thousand Pounds to be forth-
with struck and issued in Paper Bills for the support of their mili-
tary establishment and that ten thousand pounds more are to be
lent from the Bank formed by the Continental Congress at Phila-
delphia. All of which is to be sunk by a Poll Tax to be levied
hereafter on the Inhabitants of this Province which bids fair I think
to create schism wherever the collection of it is set on foot.

It is possible' also that the resentment of M' John Ashe occasioned
by his disappointment of the Cliief command of t!ie military estab-
lishment formed by the Provincial Congress will cause .some division
here for it seems he and his friends are raising men of their own
authority in opposition to M' James Moore his brother in Law who
is appointed .Military Chief under the Congress.

Cut off as I am from intercourse with the Country mucli of what
I write to your Lordship is neces.sarily only from hear-say and report
of the best authentication I can procure and compared and selected
with the greatest caution, I am therefore to request that your Lord-
ship will be plea.sed to consider what I write from information only
with all proper allowance.

If I may hazard opinions of my own under these circumstances
I must say that I think there is no j. resent appearance or probability
of the divisions arising in the Country turning to the advantage of
Government For however some of tlie People are dissatislifd among
themselves with regard to the distribution of power and command
under tlieir own new institutions of Government, they seem gener-
ally united on tlie points of opposition to Britain and if it is in con-
templation to carry them against the now collected resistance of the
Colonies which I maj' infer from your Lordship's letters is deter-
• mined 1 am satisfied it can only lie effected by the immediate and
vigorous opci'ations of a great army unless the Colonists in general
can be made to understand and to consider more favorably the jus-
tice and e(|uity and moderation of the claims and proportions of
Parliaraeiit which will be impracticable wliile the clamours of oppo-

COLONIAL RECORDS. 271

sition in England continue so openlj- to cherish and encourage
violence in America. Lideed My Lord in every light that I am
able to view and consider the present state of affiiirs, I tliink it is to
be feared at the extremity to which the Americans have carried
their resistance and inflamed as they are with high and false ideas
of their own strength and consequence (borrowed more I believe
from the gasconadings of their abettors in England than formed
upon their own vain computations) that nothing can restore the just
authorit}' of Government over this Continent but the energy of
Britain's force and power. The restraints of Trade that have been
highly expedient, proper and necessary will doubtless by slow o})ora-
tion produce effect in time if foreign States and foreign Wars do not
interpose but they will never cure the instant fatal growing distemper
of rebellion or alter the principles of it, nor do the}' promise to be the
means of conciliating the atfections of this People, and whatever
measures the wisdom of Government shall employ for reducing the
Colonies to present obedience the more pleasing task of reconciling
them to it lastingly as I humbly and perhaps ignorantly conceive
will be accomplished only by some great act of state deciding all
claims with precision and settling a permanent and just system of
political relation and dependance between the parent state and her
Coloniesthatwillbeanimmen.se and glorious work but pregnant
with difficulties many of which it is probable my sliort sight does
not comprehend.

Your Lordship will see under the New Bern Articles in the
enclosed Papers to what malicious oblociuy and rejjroach I am ex-
posed here. These animadversions I apprehend are the overflowings
of the patriotism and good nature of AP Abner Nash whose name I
have before had occasion to mention to your Lordship. I should
not aim to draw your Lordship's attention for one moment to objects
of so little consequence as myself and the unjust censure thrown out
here against me (while even the sacredness of Majesty in the most
virtuous & excellent Prince in Christendom does not exempt our most
Gracious Sovereign from the violent and mo.st opprobrious slanders)
but to shew your Lordship how impotent and unavailing are the only
means now in my power to resist tlie workings of sedition and
rebellion. ]\Iy proclamations not suffered to be published or circu-
lated among the people are suppressed by the Committees wlio rep-
resent them t « the public as best serves their own seditious purposes.
This ]\P Nash's commentary in the enclosed papers upon my last

272 COLONIAL RECORDS.

act of Govermneiit of that nature (of which I have ah-eady trans-
mitted copies to your Lordship will evince) and that they produce
no other effect than to draw forth the foulest abuse of such insolent,
malevolent disingenuous and unprincipled censures. The strictures
of the same man on my letter to M' De Rosset (that was written in
Council and unanimously approved b}' the Board) printed also in
the enclosed papers Avill likewise shew j'our Lordship his skill
and dexterity in misrepresentation and perversion of the truth
and his premises and conclusions Avill sufficiently display his
candour his charity and loyalty. The patriots here in general I am
told speak with much respect of my character and conduct as Gov-
ernor of this Province condemning only the too officious zeal which
they say I have discovered in resisting their measures since the com-
mencement of the jJi'eseiit disorders in America and which they
alledge has transported me beyond the bounds of my necessary duty.
I am little hurt I confess My Lord by this condemnation having the
entire approbation of my own conscience and I hope a reasonable
confidence that ray Royal Master and those to whom I am responsi-
ble will do rae the justice to believe I have discharged my duty
faithfully and to the utmost of my power the feebleness of which I
am most to lament that has not permitted me to do more.

In cases of seizures made by the King's ships it is to be appre-
hended it will be very difficult if not impracticable to form Courts
of Vice Admiralty for their Tryal in this Province as well as in
other of the Colonies, for want of communication with the proper
officers. In that event j'our Lordship knows that Officers of the
navy will be exposed to prosecution for detaining beyond a sliort
limitation of time vessels they may seize under the late act of Par-
liament restraining the Trade of some of the Colonies, which are
thereby directed to be tried as other seizures, in the Courts of Admi-
ralty, unless in their special cases, and when the proceedings of such
Courts shall be opposed and obstructed, as will probably happen,
some jirovision is made by Law for their indemnification.

M' Alexander M'^Gregor, late Master of the Snow Belief stranded
here in the month of March last, gave me about a fortnight ago a
detail of Ca]ifain Collet's proceedings with regard to his Cargo,
upon wliicli be laid in claim as a. Salvager, and liy this man's
account, as well as from other circumstances that have come to my
knowledge, I am bound to conclude that M' Collet's conduct on the
occasion was exceedingly injurious and unjustifiable. I recom-

COLONIAL RECORDS. 273

mended to Captain Collet on his first report of the case to me at New
Bern to take the Attorney General's opinion and advice for his rule
and guide, and to be governed by them minutely, or he would cer-
tainly subject himself to prosecation and very probably to great dam-
ages. He accordingly did advise with the Attorney General, I am
informed, but followed, nevertheless, his own judgment, which, by the
representations of M' McGregor, I fear was formed more upon views
to his own gain and interest than upon any principles of justice, ec|uity
and charity, all of which the nature of the case ought to have excited
in the strongest manner. I much lament My Lord that I have so
much reason in this aflliir and on other accounts to alter my favor-
able sentiments of Captain Collet, of whom and of his principles I
was wont to think highly.

I hear that the thousand men now raised or raising here, called
Regular Troops and formed into two Battalions, are to be disposed as
follows: Three hundred men are to be encamped on the East Side
of the River at a place called Barnard's Creek about three miles
below Wilmington. One hundred on the West Side of this River
about four Miles above Fort Johnston. Two hundred men are to
be quartered at New Bern, the like number at Edenton, and the
remaining two hundred in the back Country, where it is proposed,
I understand, to raise the whole number.

In a North Carolina Gazette of the 29"' of September your Lord-
ship will see a most pompous display of discoveries of military
stores in and about my house at New Bern, almost every article of
which the author of this abuse, I am persuaded, well knows to be
old stores deposited there by Governor Tryon after his expedition
against the Regulators which it seems my servants in their abundant
caution, had buried as described iu the News Papers to keep them
out of the hands of the Mob. Of mine or of my provision there was
nothing among them but two Kegs containing between forty and
fifty pounds of Gunpowder (called c|uarter casks iu the News Paper)
which I had bought and intended for Saluting the King's last
birthday and which on my previous and necessary departure from
New Bern I directed to be put away in some place of security.

The same paper contains an advertisement of a set of people for-
merly mentioned by me to your Lordship who are, it appears, auda-
ciously settling very rapidly a Colony which they liave called Tran-
silvania on the Frontier of this Province and Virginia where as I
have before represented they have made, a fraudalent and illegal
VOL. x — IS

274 COLONIAL RECORDS.

purchase of an immense country from the Cherokee Indians, great
part of which I have reason to believe falls within the limits of the
Proprietar}^ of the Earl Granville to whose rights it will be very
injurious and I am persuaded your Lordship will think with me,
that such a Colony of freebooters cannot but be of the most danger-
ous tendency' to the public interest. I am assured that this com-
pany of adventurer's has sent a Delegate to represent their new
Colony at the Congress now held at Philadelphia.

I have now and then My Lord the heart breaking pain to hear
the murmurings and lamentations of a loyal subject who steals
down here to unbosom his griefs to complain of the want of sup-
port from Government and to enquire when it may be expected,
and while I labour to console and encourage him under his suffer-
ings I am doubly sensible of the humiliation of my own impotent
and disgracefull condition and circumstances, my feelings of which
and for the dignity of his Majesty's Government it is impossible for
me to express or describe to your Lordship.

I hope your Lordship will have been aware of the impossibility^
of my collecting in these times of distraction the necessary mate-
rials for making that full representation of the state of the Trade
and circumstances of this Colony which your Lordship recpiired by
\our circular letter so long ago and that your Lordship will accord-
ingly have made every allowance for my delay to execute his
Majesty's commands to me thereupon.

At the restoration of Peace and good order under the just
authority of his Majcstys Government hi this Colony I consider it
My Lord first most essentially and above all things necessary
towards the improvement of that most desireable court to the
stability of these blessings and to the utmost advantage for the
welfare and happiness of this People to erect b}^ authority of the
King's Royal Prerogative a compleat and permanent system of
Courts for the Administration of Justice not only upon the just
and generous principle of imparting to his Majesty's subjects here
those great securities of life, liberty and property that flow from
this source to which they are entitled under the British Constitution
and which are the grand ends and objects of all civil Government
but as the only sure and effectual means of confirming to them its
most inestimable rights, for late experience has manifested such
strange and extravagant caprice in tlie Assembly of this Province
with regard to these primary institutions of Jurisprudence that to

COLONIAL RECORDS. 275

reason from what has been it may be fairly inferred that branch of
the Legislature will be brought with difficulty if ever to adopt any
durable system for the distribution of justice and if this great
ground work of all regular Civil Polity is suffered longer to depend
on Acts of the Provincial Legislature I think it is to be expected to
concur only in erecting Temporary Judicatures as heretofore at the
expiration of whose terms the Colony will relaixse from the operation
of like causes into the same deplorable and disgraceful state to
which it has been recently reduced by the perverse adherance of
the Assembly to inadmissible innovations that actually for some
time put a total stop to all legal proceedings here and still stagnates
the cause of Justice in the narrow channels formed by those strange
inadec|uate and ineffectual Court Laws to which I assented only in
the last necessity and for the sake of preserving some shadow of
Justice and order in this Countrj^ after the failure of my utmost
efforts to obtain more firm and permanent establishments for their
support and maiutenance. Of these My Lord wliich have far out-
lived their intended term (owing to the accident of the last meeting
of the Assembly proving no Session) I have long and continually
expected the Royal disallowance that is yet necessary to open the
way to the measure I have so much at heart and that will be so
eminently conducive to the happiness and prosperity of this Country.
In this event and at the arrival of the happy period above men-
tioned, that is so sincerely the object of my wishes, I shall not onh*
think myself authorized by your Lordship's sentiments heretofore com-
municated to me, but I shall consider mj'self called upon in the strong-
est manner by my duty to the King and the State, to his Majesty's
peojile in this Colony and their most important interests, to embrace
that critical moment to employ the means in my power to prevent
as human prudence may the return of those great calamities and
evils of which I here have been witness, that have proceeded from
the want of some settled Plan for the Administration of Justice and
which are and ever must be more or less incident to every State and
Colony under like circumstances. For this great purpose for the
reasons I have here enumerated to your Lordship, and because I am
persuaded it will be tlie first and greatest improvement that can be
made in the Civil Polity' of this Province, I shall think it proper b}^
Ordinances to be made with the advice of the Council, pursuant to
the Powers granted to me in that behalf by his Majesty's Royal
Commission, to erect Sufficient Courts of Justice throughout this

27G COLONIAL RECORDS.

Colon}' as was done at New York early in the establishment of
English Government, and has been practiced continually since to
the present day on the erection of new Counties in that Province
where the people have been ever wisely satisfied with those Institu-
tions enjoying under them the benefit of a better administration of
Justice than any other Colony. To Courts once and irrevocably estab-
lished upon this basis the Provincial Legislature My Lord will no
doubt soon see the expediency of giving full effect by passing a
proper law for determining the qualifications and enforcing the
attendance of Jurors and it may be allowed to form such other regu-
lations as the peculiar circumstances of the Colony shall require
while these original contributions for the distribution of Justice will
remain impregnable and the great rights of the subject be for ever
secured indefeasible to and no longer depending on the versatility and
caprice of an uninformed Popular Assembly and the Colony will
be thus delivered and freed from those periodical convulsions
distractions and embarrassments which have ever attended and it
may be believed will evermore attend the expiration of the laws
appointing Courts of Justice in this Province. Thus My Lord these
great Institutions of civil polity will stand here on the firm founda-
tions where the British Constitution has placed them and where they
ought forever to remain on the ground of most sacred obligation and
first duty of the Prince to his subjects for by that most wise and
admirable system and for the good of the people the King is enacted
the ever living Fountain the ever flowing Spring and source of
hcavcn-born Justice and his Courts of Judicature are the great and
well contrived channels by which Majesty disposes its benignant
streams that thus unremittingly descend in constant regular and
uniform currents of beneficence from the Sovereign to Ins People.
From the date of such establishments as I propose it may be pre-
sumed this Colony will take some form of Constitution which with
proper care and attention may no doubt be shaped and moulded to
a good one but without such fundamental institutions and while the
first i>rinciples of Government and good order unfixed and liable to
perpetual mutation and total subversion, I do not think it can be
said ever to have any Constitution at all. This point My Lord ap-
pears to me an object of such vast importance to the welfare and
happiness of this Province and so essential to the dignity and sta-
bility of Government in it that.I wi.sh accordingly to press it to your
Lordship's consideration flattering myself that I may receive Jiis

t>

COLONIAL RECORDS. 2Ti

Majesty's and vour Lordship's approbation of my intention before
occasion offers to carry it into execution.

While I look forward and wonder in pleasing contemplation into
times of Peace very different also from the present, I have a thou-
sand speculations about the future Government of these Colonies.
Among other regulations that have occurred to me to be proper I wish
to submit to your Lordship's consideration the expediency of admit-
ting well chosen Judges of the Law Courts to sit with the Provincial
Councils in their Legislative Capacity without vote as the Judges of
England do in the House of Lords for the purpose of giving their
advice upon laws in their formation which I think may prevent
much error and impropriety.

With all submission My Lord I most humbly conceive too that
the appointment of Judges here during good behaviour may be a
consideration worthy of Government not only as it is essentially
necessary to compleat and give perfection to the system I have in
view to establish for the administration of Justice, but as the certain
effectual and perhaps only means to induce the Assembly to make
honorable, suitable, permanent seltlements upon those important
Offices, and if such a measure shall be adopted I would humbly
recommend that in aid of jM' Howard his Majesty's present Chief
Justice of this Province, from [four] able and sufficient assistant
Judges should be sent from England, a less number than which I
do not think adequate to the business of this extensive Province.

Another most important object that I am bound to recommend to
your Lordship's attention is the reform of the Court of Chancery
here that can never answer the end of a remedial Court of Equity
while the Council makes a part of it not only from the connection
of its Members who are people of the Country with the suitors who
come into that Court and the bias too naturally arising out of that
circumstance, but from the difficulty if not impossibility of keeping
open daily that source of redress owing to the wide dispersion of the
Members of the Council and their reluctance to give their time and
attention to that elemosynary business for which they have no sort of
allowance or recomj^ence. The Right or rather claim of the Council
to sit in the Court of Chancery here has no other foundation that I
have been able to discover (besides usuage that can hardly deserve
any consideration in this infant and unformed Colony) than an
implication of a Chancery Court then existing x-omposed of the
Governor and Council in a Provin [provisional] clause for cases where

278 COLONIAL RECORDS.

the Governor should be a party in any suit to be found I think
(speaking from memory as I have not the book in my power) in a
mutilated Act of the j'ear 1715 Litituled "An Act concerning appeals
and Writs of error," near the beginning of the Printed Code of the
laws of this Province I had the honour to present to j-our Lordship
some time ago, to which I beg leave to refer you, and if that be
deemed a just ground for the Claim of the Council and there is
none other, I should for the reasons I have assigned to your Lord-
ship most humbly advise its disallowance, which would revert the
Chancer}^ Powers in the King's Governor solelj', in whom alone they
can reside usefully and beneficially to the People; the reform made,
it may also be adviseable to give the greater facilitj^ to the business
of the Court of Chancery here to appoint a Master of the Rolles as
has been recently done at N. York, for whom at the return of Peace
and order it may not be difficult to induce the Assembly to make a
suitable and permanent provision.

As his Majesty has thought proper by his Royal Instructions to
invest power in the Governor with the advice of the Council to set-
tle fees for all Officers and that the Assembly in the Province hath
taken upon itself to establish fees by laws that have most injuriously
annexed fees to some services far exceeding their merit and value
and alloted none to others of the higliest dignity and that are of
greatest profit and emolument in other parts of his Majesty's
Dominions I submit to your Lordships consideration the expediency
of disallowing all the Laws establishing fees in this province and
omitting them to be settled upon a just and reasonable footing by
the Governor and Council but this My Lord is a tender subject for
me to touch and what I have here proposed I presume only to sug-
gest as a salutary regulation and agreeable to his Majesty's Instruc-
tions without a sinister thought to my own advantage as I firmly
trust and hope your Lordship will do me the justice to believe.

As it may be very material to his Majesty's service that I should
know how far the Charters granted to tlie Lords Proprietors of this
Province were affected b}- the Surrender of their rights to the Crown,
and whether they were or not by that Act in legal continuation alto-
gether and absolutely abrogated and annulled, I beg leave to entreat
your Lordship's full information on this head.

I have the honour to be &c.,

JO. MARTIN.

COLONIAL RECORDS. 279

[From MS. Records in Office of Secret.vrt of St.\te.]

Proceedings of the Safety Committee in Wilmington.

Monday, October IG'" 1775.

At an occasional meeting of the Committee.

Present: .John Ancrum, in the Chair; A. Maclaine, P. Mallett,
W. Ewins, F. Brice, J. Forster, W. Wilkinson, A. Ronaldson, Jas.
Tate.

On application from Capt. M°Gill of the sloop Ranger for permis-
sion to clear out his sloop in ballast. Ordered that Capt. M°Gill have
leave to clear out for the port of New York only and that he be
allowed to take on board any quantity of deer skins he may choose.
Grant paid Ss.

On application from Alex. Hostler Ordered that the jsaper
imported in Capt. Weir's and now in the bauds of Adam Boyd be
sold at Vendue for the use of the Press only or be immediately
delivered to A. Hostler to be reshipped.

Ordered that Francis Brice be appointed secretary to this Com-
mittee during the absence of Thomas Craike.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Rowan County.

October 17* 1775.

Pursuant to a Resolve of Congress held at Hillsborough in the
Province of North Carolina on the 20"' of August 1775, The Free-
holders and householders in the County of Rowan appeared at the
Court-house in Salisbury on Tuesday the 17* of October in the
same year when the following gentlemen were duly Elected Mem-
bers for the Committee in said County, Viz —

William Alexander, Josiah Rouncifer, Sam'l Young, John Archi-
bald, John Purviance, Christ' Beekman, Matthew Locke, Moses
Wiusley, John Harden, Hugh Brevard, David Smith, Israel Cox,
Jonathan Hunt, Charles M'Dowel, ^^lathias Barringer, Robert Moore,
John Brevard, John Dickey, Robert Holmes, Gilharth Falls, Griffith
Rutherford, Robt King, Sam'l Reed, John Lopp, William Sharp,
James Smith, Hugh Montgomery, John Lewis Beard, David Rob-

280

COLONIAL RECORDS.

ison, Francis M'Corkle, William Moore, William Davidson, Thomas
Whitson, George Henry Barringer, John Sloan, John Montgomery,
Alexander Dobbins.

The said Committee met on Tuesday evening the 17"" of October
1775, when the following Members were present,

W° Alexander, Josiah Rouncifer, Samuel Young, John Archibald,
John Purviance, Christopher Beekmau, John Harden, Robert j\Ioore,
John Brevard, John Dicky, Griffith Rutherford, Robert King, Sam-
uel Reed, William Sharji, James Smith, Hugh Montgomery, John
Lewis Beard, David Robison, John Sloan, John Montgomery, Alex-
ander Dobbins.

The Committee proceeded to choose a Chairman and Secretary —
When Mr Samuel Young was chosen Chairman, and Mr W" Sharp
Secretar}'.

Pursuant to a Resolve of last Committee John Perkins appeared.

Resolved, That the said John Perkins lias given such account of
his political sentiments relative to American freedom as is satis-
factory.

Resolved, that the principles upon which, and the measures
Christopher Beekman pursued in obtaining the appearance of John
Perkins before this Committee was reasonable and Justifiable.

The Committee adjourned till tomorrow morning 7 o'Clock.

The Committee met according to adjournment.
Pursuant to Resolve of last Congress the Number of Souls in
Rowan County appears as followeth —

CoMi"'ANiE8— Names.

o
o

CD

03

M

CD

^

O ^

lo 53

jq"

<X> T^

o

> G

r^

<

o

r-" tc

o

CO

-71 '^

rn

0)

>

03

03

ai

^

CD

c3

c3

><

s

^

dJ

fx.

1

O I — I

in

Capt. Knox

Capt. Dickson

Capt. Davidson (up River)

Capt. M'Conrys

Snow & Rocky Creeks

165
76
71

5
27

209
105
129
123
47

169

77
74
77
34

142
91

104
99

15

12

10

1

16
9

10
1

66

29

5

9

2

A letter from William M°Bride Esq'' directed to the Chairman and
Gentlemen of the Committee in Rowan County, l>eing read.

COLONIAL RECORDS. 281

Ordered, that the Letter lie on the Taljle for consideration one
hour.

On motion Resolved, That when a Creditor makes it appear on
oath, that he hath by advertising or otherwise given sufficient
Notice to his Debtor or Debtors for all sums under five pounds, to
come in and make payment or give sufficient security for the same,
and it appearing that the Debtor or Debtors Refusing or neglecting
to comply, it is the opinion of this Committee that it will be sufficient
evidence to give leave to bring suits.

The order of the day being read, for taking into Consideration
M' M-Brides Letter,

Resolved, That M' Locke by Letter addressed to him and the
people up the River, inform them the proceeding of last provincial
Congress.

Pursuant to order of last Committee Samuel Lowrie appeared.

Resolved, That he have till the first Tuesday in next month to
Determine on his political sentiments, relative to American freedom,
and that he appear before the Committee at that time.

Resolved, That it be recommended to the several Militia Compa-
nies who have not yet cordially imbodied themselves and chosen
officers, to adhere as near as may be to the Districts prescribed
b}' last Court Martial.

Resolved, That the several Militia Companies in this County, be
sufficiently notified by their old officers when there has been no
election, and by their new ones where they are appointed, to meet
some Day before the next Committee to sign the Test appointed by
Congress ; and all mistriable persons neglecting or refusing to sign
the Test aforesaid, shall be Noticed by one of the Officers to appear
before the said Committee to show cause for such refusal or neglect,
and return the Test signed to Committee.

A Petition signed by 22 members of the South Divi-sion of Capt.
Berkeley's Company praying a new Election of Officers, being pro-
posed and read — Resolved, That the prayer of said petition be
granted.

On Motion Resolved, That the secretary of this Com. provide
paper, write certificates (leaving a blank for the date and bearer's
name) for such friends to Liberty who may apply for the same, affix
the Committee seal thereto, and distribute a sufficient number
amongst Samuel Young, Christ' Beekman, Matthew Locke, John
Purviance, .John Archibald, James Smith, Charles McDowell, John

282 COLONIAL RECORDS.

Brevard, Hugh Montgomery, Who shall be accountable to the secre-
tary for the sum of 8'' for each certificate, otherwise return the same,
which is the sum allowed the secretary for said service.

Resolved, That Messrs. Samuel Young, John Archibald, John
Montgomerj', Jonathan Hunt, Robt. King, Matthew Locke, Samu'
Reed, James Smith and William Sharp, shall attend at M' Jonathan
Hunt's, on Tuesday the last Instant to confer with the inhabitants
of the forks of Yadkin on the subject of American freedom.

Resolved, That the Chairman of this Committee by Letter ad-
dressed to the several Committees of Petersbourgh, Campbelton,
Chowan, George Town, Cambden and Charles Town, desiring them
by no means to purchase any sort of produce or other article, or sell
any manner of articles, or necessary, to any person, or persons from
the County of Rowan, unless they first produce a certificate signed
by the Secretary, and impressed with the seal of the Committee in
said County.

Resolved, That M' Samuel Young have leave to bring suit against
James Fitzpatrick, Debt above ^£5.

The Committee adjourned till Tuesday the 7"' of next month.

Minutes read and signed by order of Committee.

SAMUEL YOUNG, Ch.

AV" Sharp, Sec'y.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

WiLMixcjTOx, Tuesday 17"" October 1775.

Present: John Ashe, John Devane, W" Jones S', W"" Jones J^
Charles HoUingsworth, Timothy Bloodworth.

Ordered, that Francis Brice be appointed to keep the poll for the
election of delegates and appointment of Committeemen for the
County.

At an election this day agreeable to a Resolve of the late Congress
of tliis Colony for the appointment of delegates to re23resent this
town and county in Congress the ensuing year, Cornelius Harnett
Esq. was duly elected as a delegate to rcjiresent this town ami Sam'
Ashe, John Ashe, Sampson Moseley, John HoUingsworth and John
Devane, Esq", were also duly elected to represent the county. The

COLONIAL RECORDS. 283

Committee for tlie town and county wore also nominated agreeable
to a Resolve of the said Congress. Those for the town were John
Ancrum, James Walker, John Quince, Peter j\Iallett, W° Campbell,
Sam. Campbell, W° Ewins, Henry Toomer, Jolm Slingsby, William
■Wilkinson, John Forster, James Geekie, John Robeson, Charles
Jewkes, Andrew Ronaldson.

[From MS. Records in Office of Secretary of St.^te.]

THE JOURNAL OF THE PROCEEDINGS OF THE PPO-
VINCIAL COUNCIL OF NORTH CAROLINA HELD AT
THE COURT-HOUSE IN JOHNSTON COUNTY, THE
EIGHTEENTH OF OCTOBER, ANNO DOM. 1775.

North Caeolixa —

At a Provincial Council held at the Courthouse in the County of
Johnston, the eighteenth day of October, in the year of our Lord
one thousand seven hundred and seventy-five.

The Provincial Congress having by Resolve nominated the follow-
ing persons to be a provincial Council, to wit.

For the district of Wilmington — The Honorable Samuel Johnston
Esquire, Cornelius Harnett, Samuel Ashe, Esquires.

For the district of Edenton — Thomas Jones, Whitmill Hill, Esq".

For the district of New Bern — Abner Nash, James Coor, Esc{".

For the district of Hillsborough — Thomas Person, John Kinchen,
Esq".

For the district of Halifax — Willie Jones, Thomas Eaton, Esq".

For the district of Salisbury — Samuel Spencer, Waightstill Avery,
Esq".

Pursuant to which Samuel Johnston, Cornelius Harnett, Samuel
Ashe, Thomas Jones, Whitmill Hill, Abner Nash, James Coor, Thos.
Person and John Kinchen, Esquires, ajspeared and subscribed the
Test directed by the Congress, and took their seats accordingly.

The Council then proceeded to the choice of a President, when
Cornelius Harnett Esquire was Unanimously chosen, and at the
same time James Green Junr. appointed Clerk.

Certificates from the Chairman of the Committee of Dobbs
County were laid before the Council whereby it aj^pears that ^Ir.

284 COLONIAL RECORDS.

Jesse Cobb was elected Captain, William Cobb Lieutenant, and
Richard Caswell Junr. Ensign of the first Company of Minute
Men; Certified the 23'''' day of September last.

Mr George Miller Caj^tain, Mr Benjamin Exum Lieutenant, and
David Jernigan Junr. Ensign, of the Second Company of Minute
Men, Certified the 2fc)"' day of September last.

Mr. John Garland Captain, Mr. William Kilpatrick Lieutenant,
and Mr. John Granger Ensign of the third Company of Minute
Men certified the 4"' day of October instant.

The Council taking the same into Consideration,

Ordered, That Commissions i.ssue immediatel}' to the said Cap-
tains, Lieutenants and Ensigns.

The Council adjourned till 4 "'Clock.

The Council met According to Adjournment.
■ The Counties of Wake and Tryon having failed to Elect delegates
agreeable to the Resolution of the late provincial Congress by reason
of the Freeholders not receiving timely notice of the daj- appointed
for that purpose.

Resolved, That the lirst day of November ne.xt the Freeholders
in Wake County, and on the twenty eighth day of November next
the Freeholders in Tryon County shall meet and Elect delegates
and Committee men for their respective Counties in the same man-
ner and under the same regulations and restrictions as directed by
Resolve of the late Congress.

The Council adjourned till to morrow morning 10 "Clock.

Tluirsday the 10'" October 1775.

The Council met according to Adjournment.

Waightstill Avery Esquire one of the Members for the district of
Salisbury appeared.

Resolved, That the Treasurers or either of them pay into the
hands of Col" William Kennon, Commissary to the first Regiment
the Sum of one thousand pounds proclamation money to enable liim
to purchase provisions for the same, and that they be allowed in
their Accounts with the Public.

Resolved that the Treasurers or either of them pay into the hands
of Mr. Andrew Knox Commissary for Edenton district the sum of
five hundred pounds proclamation money to enable him to purchase
Provisions for the troops and tliat they be allowed in their Accounts
with the Public.

COI^ONIAL RECORDS. 2^5

Resolved, That the Treasurers or either of them pay into the
hands of Mr Robert Salter Commissary of New Bern district the
sum of five hundred pounds proclamation money to enable him to
purchase provisions for the troops and that they be allowed in their
Accounts with the Public.

Resolved, That the Treasurers or either of them pay into the
hands of Mr Robert Lanier Commissary of Salisbury district the
sum of five hundred pounds proclamation money to enable him to
purchase provisions for the Troops, and that they be allowed in
their Accounts with the Public.

Resolved, That Colonel William Kennon be appointed Commis-
sary to tlie Battalion of Minute Men for the district-of Wilmington.

Resolved, That Mr .John Coart be appointed Commissarj^ to the
Battalion of Minute Men for the district of New Bern.

Resolved, That Mr Andrew Knox be appointed Commissary to
the Battalion of Minute Men for the district of Edenton.

The Council adjourned 'till 4 "Clock.

The Council met according to Adjournment.

The Council adjourned 'till Tomorrow Morning 10 "Clock.

Friday October 20'" 1775.-

The Council met according to Adjournment.

Samuel Johnston, Esquire, one of the Committee to get proper
plates engraved, and to provide paper and agree with an Engraver
to Stamp or print the Bills of Credit, and to frame devices for the
same, informed the Council that the Committee had employed
Mr William Tisdale at New Bern for the above purpose and had
agreed to give him one hundred pounds.

Resolved, That the Treasurers or either of them pay-to Mr Will-
iam Tisdale the above sum of One hundred pounds, and that they
be alloM'ed in their Accounts with the Public.

At the same time was laid before the Council an Account of the
paper and other stationery, provided for the above purpose, amount-
ing to twenty two pounds four sliillings.

Resolved, That the Treasures or either of them pay the same out
of the Monies in their hands and be allowed in their Accounts ^\■hh
the Puldic.

286 COLONIAL RECORDS.

Resolved, That William Kennou, Esquire, be appointed Commis-
saiy to the Battaliou of ^linute ]Men for the district of Salisbury.

Willie Jones, Esquire, one of the Council for the district of Hali-
fax appeared, subscribed the Test, and took his seat in Council.

Thomas Eaton, Esquire, one of the Council for the di.strict of
Halifax appeared, subscribed the Test, and took liis seat in Council.

Resolved, That Commissions do issue signed by the President to
the Minute and Militia Officers, in the several districts and Counties
within this province.

Resolved, That the one thousand Troops raised in this Province
on the Continental establishment, be supplied with one Blanket, a
Hunting Shirt, Splatter dasher, and Garters, so as not to exceed the
sum of Forty Shillings for each Soldier; this Council being of
Opinion that the same. is absolutely necessary, and was intended by
the late Provincial Congress.

The Council being informed, That the Minute IMen, directed to he.
raised in some of the Counties in this province, cannot be enlisted
in time to answer the intention of the Congress.

It is therefore, Resolved, That the Field Officers of any district,
in M-hich the Counties or any of thtm have not or cannot speedily
raise their Company or Companies by the Congress directed to be
raised in such Counties; may appoint suitable persons in any of the
other Counties within their respective districts, to enlist Minute Men
sufficient to complcat their Battalions, and sucli Minute Men shall
be formed into Companies, choose their Officers, and be subject to
the same Rules, Orders and Discipline, and entitled to the same pay
as other Minute Men raised in this province.

And whereas it will be impossible for one person to attend the
several Counties in some of the districts, and perform the duties of
an Adjutant to the Minute Men on account of the great extent of
such districts,

Resolved, That the Field Officers and Captains or a Majority of
them in any of the districts where they Judge it necessary, shall
appoint tv/o Adjutants to the Minute Men of their respective dis-
tricts, shall direct their duty and apportion their pay so that the same
does not exceed the duty or pay of one Adjutant appointed agree-
able to the Resolution of the Provincial Congress, and that the Fer-
riages of the Adjutants in attending the musters shall be paid by
the public.

COLONIAL RECORDS. 2S7

And also whereas it may be found impracticable at last to com-
pleat the Battalions in some of the Districts,

Resolved, That the Field Officers and Captains in such case shall
call together such jMinute Men as shall enlist to the place and pro-
ceed to training in the manner by Congress directed, and they are
directed under these circumstances to proportion the pay of the
Adjutant or Adjutants to the Services which he or they are to render.

Resolved, That Mr. Thomas Picket be appointed Ensign in Cap-
tain William Picket's Company of the first Regiment in the room of
James Childs resigned.

Tilghman Dickson Lieutenant in Henry Dickson's Company of
the first regiment in the room of Hezekiah Rice resigned.

John Brown Ensign in Cap' Alfred Moore's Company of the first
Regiment in the room of John Taylor resigned.

Thomas Standing Ensign in Captain Michael Payne's Comj^any
of the second Regiment in the room of Whitmill Pugh resigned.

Joseph M'Clammy Ensign in Captain Henry Irwin Toole's Com-
pany of the second Regiment in the room of Joseph Clinch resigned.

William Gardner Lieutenant in Hardy IMurfree's Company of the
second Regiment in tlie room of Jolm Williams resigned.

Joseph Worth Ensign in Captain Hardy Murfree's Company of
the second Regiment in the room of William Gardner promoted.

And in case of the death or resignation of Lieutenant John
Grange, That Henry Vipon be appointed Lieutenant, and John Sit-
greaves Ensign in Captain John White's Company of the second
Regiment in the room of Henry Vipon promoted.

Resolved, That John Bryan, Esquire, be appointed Colonel of the
Militia for the County of Craven.

Resolved, That Lehansyus D'ekeyser be appointed Adjutant in the
first Regiment and Ensign in Captain John Walkers's Company in
the room of Berrymau Turner resigned.

Resolved, That Samuel Johnston Esq'' be appointed paymaster of
the Ti'oops stationed in the district of Edenton, as also to the ^Minute
Men in the said district; first entering into Bond to this Council
with sufficient security in the sum of ten thousand pounds procla-
mation money.

Resolved that Richard Caswell Esquire l>e appointed paymaster
of the troops stationed in the district of New Bern, as also to the
Minute Men in the said district first entering into bond to this Coun-

288 COLONIAL RECORDS.

cil with suflEicient security in the sum of ten thousand pounds proc-
lamation money.

Resolved, That Samuel Ashe Esq' be appointed paymaster of the
Troops in the district of Wilmington, as also to the Minute Men in
the said district, first entering into Bond to this Council with
sufficient security in the sum of ten thousand pounds proclamation
money.

Resolved that Matthew Locke, Esq', be appointed paymaster of
the Troops stationed in the district of Salisbury, as also to the Min-
nie Men in the said district first entering into Bond to this Council
with sufficient security in the sum of ten thousand pounds procla-
mation money.

Resolved, That the next Congress shall be held at the Town of
Halifax, the first day of May next, unless otherwise determined
hereafter by this Council.

Resolved, That the next privincial Council shall be held at the
Court House in the County of Johnston, the seventeenth day of
December next ; but that the President may call a Council sooner
if he should find it necessary.

Resolved, That Samuel Johnston Esquire be empowered and he
is hereby required to send an express to the delegates of this province
at Philadelphia, and that the Treasurers or either of them pay him
the expences thereof and be allowed in their Accounts with fhe
public.

Resolved, That Abner Nash, and James Coor Esquire, or either
of them, be empowered to Charter one or more vessels, and agree
with Masters and sea men at the port of New Bern, and load the
same to such parts as they shall judge expedient, and with such
Articles they may think proper; not exceeding the sum of One
thousand pounds proclamation money, in order to procure Arms
and Ammunition, for the use and Protection of this province, the
same to be at the Hazard, risk and expences of this province.

Resolved, That Mr. President, Richard Quince, and John Forster
Esquires, or either of them; be impowered to Charter one or more
vessels and agree with Masters and Sea men at the port of Wilming-
ton and load the same to sucli parts as they shall judge expedient,
and with such Articles, they may think proper; not exceeding tlie
sum of one tliousand pounds proclamation money in order to pro-
cure Arms and Ammunition for tlie use and protection of this

COLONIAL RECORDS. 289

province, the same to Le at the hazard, risk and Expeuce of this
province.

Resolved, That Whitmill Hill, Esquire, be impowered to Charter
a vessel, and agree v\-ith one or more Masters and Seamen at the
port of Edenton, and load the same to such parts as he shall judge
expedient and Avith such Articles as he may think proper, not
exceeding the sum of on^ thousand pounds i^roclamation money in
order to procure Arms and Ammunition for the use and protection
of this province, the same to be at the hazard, risk and Expence of
this province.

Resolved, That Mr Memucan Hunt be appointed Commissary to
the Battalion of Minute Men for the district of Hillsborough.

Resolved, That Nathaniel Rochester, Esquire, be appointed pay-
master to the Battalion of Jilinute Men in th© district of Hillsbor-
ough ; first entering into bond in the sum of five thousand pounds
proclamation money.

The Council adjourned 'till Tomorrow morning 10 "Clock.

Saturday 21" October 1775.

The Council met according to Adjournment.

Resolved, That in case any Troops should attempt to land in a
hostile manner in any part of this province, the Commanding Offi-
cers of the two Battalions of the American Army raised in this
province, do immediately oppose the same to the utmost of their
power.

Resolved, That tiie President of this Council correspond from
time to time with the Councils of Safety within the Colonies of Vir-
ginia and South Carolina or with the proper Boards chosen and
appointed in those Colonies.

Resolved, That the paymasters now appointed are not to be con-
sidered as Military Officers under the Order direction or control of
, the Commanding Officers of the two Battalions of the American
Army raised in this Province, and that their said apiDointment does
not in the Opinion of this Council disqualify them from sitting at
the Board, and ought not to disqualify them from sitting in the
Provincial Congress in case they should be elected members of the
same.

Resolved, That ]Mr Cullin Edwards be apj^ointed Commissary to
the Battalion of Minute Men for the district of Halifax.

VOL. X — 10

290 . COLONIAL RECORDS.

Resolved, That Mr Joseph John Williams be appointed paymaster
to the Battalion of Minute Men in the district of Halifax, first
entering into bond in the sum of five thousand pounds proclama-
tion monej'.

Resolved, That Colonel Robert Howe employ proper persons to
make Carriages for six of the Cannon Guns now at New Bern,
mount and unspike the same for the use of the province; and that
Richard Caswell Esquire Treasurer of the Southern district advance
a sum sufficient to paj' the expences thereof so that the same does
not exceed the sum of Fifty pounds proclamation and be allowed in
his accounts with the public.

Resolved, That Col° James Moore employ proper persons to make
Carriages for six of the Cannon now lying at Wilmington, mount
and unspike the same for the use of the province ; and that Richard
Caswell, Esquire, Treasurer of the Southern district advance a sum
sufficient to pay the expences thereof so that the same does not
exceed the sum of Fifty pounds proclamation money and be allowed
in his Accounts with the public.

Whereas some Counties have through mistake elected Committee-
men and delegates previous to the seventeenth day of October, the
day by Congress appointed —

Resolved, That it is the Opinion of this Council that such Com-
mittees ought to be held legal, and to act in the same manner as if
they had been chosen on the proper day; and that the delegates
elected as aforesaid ought to be admitted to their seats in Congress :
Provided that there was no fraud in the election of such Committees
and delegates.

And whereas other Counties for want of the proceedings of the
Congress have not yet chosen Committeemen and delegates.

Resolved, That such Counties may hold their Elections of Com-
mitteemen and delegates at any time between the seventeenth of
October and the first of January next under the rules and restric-
tions by Congress directed, and that it is the opinion of this Council
that such Elections ought to be as valid as if they had been held on
the said seventeenth of Octoljcr.

The Council acljourned 'till 4 "Clock.

The Council met according to Adjournment.

Resolved, That Samuel Johnston, Esquire the Northern Treas-
urer, pay into the hands of Mr Nathaniel Rochester the sum of
two thousand one liundred and fifty pounds for the use of the min-

COLONIAL llECORDS. 291

ute men, and for the purchase of Drums and colors &c% in the dis-
trict of Hillsborough and that a warrant for that j^urpose issue
signed by the President, and that the said Treasurer be allowed in
his Accounts with the public.

Resolved, That Samuel Johnston Esquire, the Northern Treas-
urer, pay into the hands of Mr. Joseph John Williams the sum of
two thousand one hundred and fifty pounds for the use of the Min-
ute Men, and for the purchase of Drums, Colours (fee", in the district
of Halifax and that a warrant for that purpose issue and be signed
by the president, and that the said Treasurer be allowed in his
Accounts with the public.

Resolved, That Richard Caswell Esquire, the Southern Treasurer,
j^ay into the hands of Samuel Ashe Esquire, the sum of ten thousand
five hundred pounds for the use of the regular Troops and Minute
Men and for the purchase of Drums, Colours cfec" in the district of
Wilmington and that a warrant for that purpose issue, and be signed
by the i^resident, and be allowed in his Accounts with the public.

Resolved, That Richard Caswell, Esquire, the Southern Treasurer,
pay into the hands of Matthew Locke Esquire the sum of five
thousand two hundred and fifty pounds for the use of the regular
troops and Minute Men and for Colours Drums etc" in tlie district
of Salisbury and that a warrant for that purj^ose issue and be
signed by the President, and be allowed in his accounts with the
public.

Resolved, That Richard Caswell Esquire pay the troops now at
New Bern and the IMinute ]\Ien to be hereafter raised for that dis-
trict fr.m time to time as the same shall become due and to
purchase Drums Colours &e", and be allowed in his Accounts with
the public.

Resolved, That Samuel Johnston Esquire, pay the troops now at
Edenton, and the Minute Men to be hereafter raised for that dis-
trict from time to time as the same shall become flue and to
purchase Drums, Colours etc", and be allowed in his accounts with
the public.

Resolved, That Mr. Lewis Williamson deliver up to Messrs Cum-
niing, Warwick and Company or their Agents, the Books of
Accounts of the saiil Cumming, Warwick and Company, which he
has in his pos.session.

Resolved, That Richard Caswell Esquire pureliase from David
Baron of Newbern all the new .serviceable Guns, and all the Gun-

292 COLONIAL RECORDS.

powder he may have for sale at the lowest price they can he had for;
and that he deliver them to Colonel Robert Howe for the use of His
Regiment who is to account for the same with the next provincial
Congress, and that he be allowed in hisAccounts with the public.

Resolved, That Commissions be issued to a Captain, Lieutenant
and Ensign in the room of Captain John Walker, Lieutenant Robert
Smith and Ensign James Cook all of Col° Howes Regiment and who
have all resigned or refused to act under their Commissions.

Resolved, That the Captains of the Companies in the regular
Regiment shall report to the several Committees of the Town and
Counties in the district, where they are stationed the number of men
in their Companies who are unarmed, who shall thereupon borrow
sucli C4uns as are fit for service, giving Receipts, describing such
Guns and the value thereof to their owners, that they may hereafter
get them again or the value of them and the said Committees shall
take receipts of the Captains for the Guns thus supplied, which
receipts shall be transmitted to the provincial Coancil, and the Cap-
tains shall produce such Guns when demanded, pay the value of
them, or shew that they have been lost by unavoidable accident to
the Public ; and that an allowance be made after the rate of ten
shillings per Annum for a good smooth bore and twenty shilling for
tt Rifle, to the owners for the use of their Guns in the case above
mentioned.

Resolved, That Richard Caswell, Esquire, Treasurer of tlie Soutli-
eru district pay into the hands of Abner Nash and James Coor
Escjuires or either of them the sum of one thousand pounds for pur-
chasing arms and Ammunition to be accounted for at the next
provincial Congress and that the said Treasurer be allowed in his
accounts with the public.

Resolved, That Samuel Johnston, Esquire, Treasurer of the North-
ern district pay into the hands of Whitmill Hill Esquire the sum of
one thousand [)0unds for purchasing Arms and Ammunition to be
accounted for at the next provincial Congress; and that the said
Treasurer be allowed in his accounts with the public.

Resolved, That Richard Caswell, Esquire, Treasurer of the South-
ern district pay into the hands of Mr. President Richard Quince
Sen", and John Forster Esquires, or either of them the sum of one
thousand pounds for purchasing Arms and Annnunition to be
accounted for at tlie next provincial Congress and that the said
Treasurer be allowed in his Accounts witli the public.

The Council Adjourned "till 4 "Clock Tomorrow Morning.

COLONIAL RECORDS. 293

October 22'* 1775.

The Council met according to Adjournment.

Resolved, That the Sheriff of .Johnston County innnediately take
into his possession all the real and personal estate of .John Gresham,
unless he gives bond with good and sufficient security in the sum of
two hundred and twenty pounds, payable to the Justices of the
Inferior Court of Johnston County and their successors; Conditioned
that he the said John Gresham shall well and truly settle with the
said Court the Accounts of the Estate of Sill Johnston deceased, and
pay into the hands of the Guardians to the Orphans of the deceased,
all such sums of money which shall l^e directed by order of the said
Court to be paid to the said Guardians; and that the said Sheriff
shall keep the said Estate in his hands unless such bonds and
security is given until the meeting of Johnston Inferior Court, and
then deliver the same up to the Justices of the said Court, that they
may make such order concerning the same as to them may seem
just, it having on Oath been made appear to this Council, that the
said John Gresham, was about to leave the province in a private
manner.

Resolved, That Samuel Ashe Esquire pay into the hands of
Thomas Eaton Esquire, for the use of Captain "William Green, one
hundred and twenty pounds to be applied to the enlisting of regu-
lar Soldiers, and be allowed in his accounts with the jjublic.

The Council being informed that discontents had taken place,
among the people in the County of New Hanover, arising perhaps
from mistakes and misrepresentation, and that in consequence
thereof they had publicly protested against the proceedings of the
late Congress,

Resolved, That this Council do highly disapprove of such Con-
duct as tending to create divisions which may prove prejudicial to
the cause of Liberty, and they do therefore recommend to Mr. Presi-
dent Samuel Ashe and John Ashe Esquires to explain the proceed-
ings of the Congress to the people above mentioned and endeavour
by argument and persuation to promote that harmony which is so
essential for the preservation of the rights of America.

AVhereas the mode by Congress provided for securing debts due
from persons susi^ected of an Intention to abscond is found defective,
as no apjjlication can be made but in term time or at the sittings of
the Committees. Resolved, That the Committees of Safety and
County Committees in their respective jurisdictions maj' make such

294 COLONIAL RECORDS.

other and further reguhitions witli respect to this point as to them
shall appear necessary.

Resolved, That the Colonel of each regular Regiment in this
province have power to appoint a Clerk, by warrant under their,
hands to each Regiment who shall receive the same pay that Clerks
upon the Continental establishment receive for their service.

Resolved, That the Committees of the several Counties and
Towns, and the Committees of Safety for the several districts of this
province be required to exert their utmost influence to forward and
hasten the minute service, and procure the several Battalions of
Minute Men to be compleated with all possible dispatch ; and that
the Militia be immediately embodied, and Adjutants employed to
instruct them in Military discipline agreeable to the Resolutions of
the Provincial Congress; the same being of very great importance
to the public safety.

"Whereas, it appears to this Council that the great extent of Rowan
County is very inconvenient and burthensome for the Militia
thereof to Assemble at any one place therein and that a division of
the Rowan Regiment would ease the inhabitants and encourage
Military discipline, therefore

Resolved, That the Regiment of Militia in the said County of
Rowan shall be divided by a Line, Beginning at the Catawba river
where Lord Granville's South line crosses the same, thence running
up the said river in the middle of the main stream thereof to the
mouth of the lower Creek thence a due North course to the dividing
Ridge, between the waters of the Catawba and Yadkin rivers, and
that all the Militia of said County on the West side of said Line^
shall be, and is hereby made and established, a new and distinct
Regiment, and shall be known and distinguished by the nanie of the
second Regiment of Rowan Militia.

Resolved, That Commissions issue to the Field Officers of the sec-
ond Regiment of Rowan Militia.

Resolved, That it be, and is hereby recommended to the Commit-
tees of Safety, who have not yet met, to meet in their respective Dis-
tricts on or before the last Tuesday in November next.

CORN' HARNETT.

By Order. Jas. Greent, Jun", Clerk.

COLONIAL RECORDS. 295

[From 5IS. Records in Office of Secretary of State.]

Proceedings of Safety Committee in Pitt County.

October 24'", 1775.

At a meeting begun at the Court house in the Town of Martin-
borough on the 24"' Day of October Anno Dom 1775, Benjamin
Bowers Sheriff Returned that at an Election held on the 17'" of
this Inst, the following persons ware Elected as a Committee for
this County for the Ensuing Year, A^iz,

John Simpson, John "Williams, C4eorge Moye, William Travis,
Rich" Grist, Arthur Forbes, James Gorham, Edw* Williams, William
Robson, Godfrey Stancill, Simon Pope, Benj. May, James Lanier,
AVilliam Jones, Dennis Cannon, James Latham, David Perkins.
Robert Salter, Jesse Jolley, George Evans and Thos. Wolfenden.

Whereupon the following persons to witt appeared —

John Simpson, Jas. Gorham, Godfrey Stancill, John Williams,
George Moye, Rich'' Grist, Arthur Forbes, Edw" Williams, W" Rob-
son, Simon Pope, Thos. Wolfenden,

And proceeded to Choice of a Chairman, Col" John Simpson was
proposed and approved of & Chose Thos. Wolfenden their Clerk.

Tlie List proposed by the provintial Congress held at Hillsborough
on the 21"^ of Aug last was Read & approved of by this Committee.

Thos. Williamson, James Gorham, John Barber, William -Jones,
John Jones, Richard Grist, Edward Williams, David Perkins, John
Williams, George Evans, Thos. Wolfenden, James Lanier, James
Latham, Simon Pope, Arthur Forbes.

BeLJamin Bowers Sheriff Returned that at Election held on
the 17'" of this Inst, at Martinborough that John Simpson, Edw*
Salter & William Robson was Elected to Represent this County in
provintial Congress the Ensuing year agreeable to the Directions of
the Lax provintial Congress held at Hillsborough.

The Committee adjourned till tomorrow.
JOHN SIMPSON, Chair.

The Committee mett according to adjournment, October 25'", 1775.

Ordered that a general permission is given to all persons to
present or warn overseers of Roads for Neglecting their Duty.

On motion Capt. John Cooper have leave to bring sute against
John Knox & to AYarrant Pattrick Robin Jr, Ordered that any

296 COLONIAL RECORDS.

three of this Committee may Receive Complaints from any person
and give a Certificate to a majestrate to grant.

Ordered that the following persons be chosen a Select Committee
of Secrecy, intelligence, and observation, Mr Artliur Forbes, Geo.
Evans & Thos. Wolfenden.

JOHN SIMPSON, Chair.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Tryou County.

[2^"' October 1775.]
Met according to adjournment.

They proceeded and chose W" Graham Esq. Chairman.

Present : John Walker, Andrew Neil, James Baird, George Paris,
John Morris, Andrew Hampton, members of the old Committee ; &
Alexander Gilliland, John Dellinger, Robert Armstrong, Robert
Parks, John Scott J'' & John Earle members of the new Committee.

Committee adjourned till to-morrow morning at 8 o'clock.

Met according to adjournment.

Present: William Graham, Chairman; Robert Parks, James
Coburn, John Earle, Geo. Paris, John Scott, John Dellinger, Nicholas
Friday, Andrew Hampton & Alexander Gilliland.

TEST.

We the subscribers professing our allegiance to the King and
acknowledging the Constitutional Executive jiower of Government,
do Solemnly profess, Testify & Declare, that we do absolutely believe,
that neither the parliament of Great Britain nor any member or
Constituent Branch thereof hath a right to impose Taxes ujion these
Colonies to regulate the Internal police thereof and that all attempts
by fraud or force to establish & exercise such claim & power arp viola-
tions of the peace & security of the people, and ought to be resisted
to the utmost, and the people of this province singly and collectively
are bound by the Acts and Resolutions of the Continental and
Provincial Congresses, because in both thoy are freely rej^resented
by persons chosen by themselves, and we do solemnly and sincerely
promise, and engage under the Sanction of Virtue, Home and the
Sacred Love of Liberty and of our Country, to maintain and supjiort

COLONIAL RECORDS. 297

all and every the Acts, Resolutions & Regulations of the said Conti-
nental and Provincial Congresses to the utmost of our power and
abilities. In Testimony we have hereunto set our hands tlie 25"'
day of October, A. D. 1775.

WILLIAM GRAHAM, Chairman.
John Dellinger Joseph Hardin

John Morris Jolin M'Kinney

David Jenkins Thomas Townsend

James Logan John Ashley

W" Gilbert William Yancey

John Earle Frederick Hambright

Robert Parks Francis Armstrong

Alexander Gilliland James Baird

John Scott Robert Armstrong

James Coburn William Moore

Andrew Hampton Nicholas Walton

Robert xVlexander .lonathan Potts

Robert Porter George Potts

Resolved by this Committee that any two members thereof upon
application made upon Oath to them of any person or persons who
is Debtor is about to abscond, Remove or otherwise to defraud his
Creditors of his Debt, may grant a certificate of the same to the
Clerk of the County who is hereby directed to proceed in the usual
forms of Law against such Debtor.

Resolved, Tliat Debts Recoverable before Magistrates be under
the same Restrictions as the above Resolve.

Resolved, That when any absconding Debtor or Debtors hath left
any goods in the County behind him on a2:)i3lication of his or their
Creditor to any two of the Committee as aforesaid on Oath to the
amount of his or their Debt, the said Two shall grant an order to
such person as they shall Depute for that purpose to seize the goods
to the amount of the said Debt and Deliver them into the possession
of the said Creditor or C: editors, who shall give Bond & Security to
the said Committee to Deliver or otherwise to be accountable for the
Same when called for in Law or otherwise.

Resolved by this Committee, and it is hereby Recommended to all
the good people of this County not to construe the Association to
Break off all Dealings or Commerce with such persons who refuse
to subscribe the same, so as to extend to anv Acts of luhuraanitv or

298 COLONIAL RECORDS.

Coerce them by famine, such as refusing to grind at Mills, or refus-
ing them the necessaries of life.

.Jolni Price came into Committee & made oath that he is Credibly
Informed that Benj. Kuykendall his Debtor is about to remove him-
self out of this County. It was therefore ordered, that the Clerk of
the Court issue a Writ against the Body of the said Debtor so as to
hold him to Bail.

Committee Adjovirned till the. fourth Tuesday of January Next.

WILLIAM GRAHAM, Chairman.

[From MS. Records ix Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Wednesday, October 25'" 1775.

At an occasional meeting of the new Committee.

Present: John Ancrum, Charles Jewkes, John Slingsby, Peter
Mallett, Henry Toomer, Wm. Campbell, James Geekie, John Forster,
Wm. Ewins.

The Committee proceeded to choose a chairman, and deputy chair-
man ; the c{uestion being put, John Ancrum was chosen as chair-
man, and James Walker, deputy chairman.

Samuel Campbell appeared, and declined serving as a committee-
man as it would be very inconvenient for him to attend. Andi'ew
Ronaldson also declined serving, as he was not allowed to be a Free-
holder at the election, therefore, had no right to be committee-man.
The Committee nominated, in their room, John Du Bois and John
Kirkwood, who being sent for readily agreed to serve in Committee.

This Committee then proceeded to appoint a Committee of Secrecy
and Correspondence. John Aucrum, James Walker, Wm. Camp-
bell, Charles Jewkes, John Slingsby, John Du Bois, and Peter Mal-
lett, were accordingly nominated.

On motion. Ordered, that the paper now in the hands of Adam
Boyd, be sold to-morrow morning, at 11 o'clock; that J. Slingsby,
Wm. Campbell and Peter Mallett see that the same is sold. Also;
Ordered, that one ream of paper be purchased for the use of this
committee only.

COLONIAL RECORDS. 299

]\ronday, October 3U", 1775.

At ail occasional meeting of the Committee.

Present: John Ancrura, chairman. .Jolm Slingsliy, John Forster,
John Kirkwood, John Du Bois, William Campljcll, James Geekie,
^A'illiam "Wilkinson.

On motion, Ordered, that John Ancrum, John Du Bois, John
Kirkwood and James Geekie, take a list of the inliabitants of Wil-
mington, agreeable to a Resolve of the Congress of this Colony,
lately held at Hillsborongh ; and that they make a return of the
same at the next meeting of this committee.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 223.]

Letter from the Earl of Dartmouth to Governor Martin.

Whitehall, 27'" October, 1775.
Sir,

The advantages that may attend the sending immediately a Force
to the assistance of the Friends of Legal Government in the Four
Southern Provinces of Virginia North and South Carolina, and
Georgia, are so apparent, and have been so fully stated, by yourself
and the Governors of the other 3 Provinces, that the King has
thought fit to order, tliat a Body of His Majesty's Forces, consisting
of seven Regiments should prepare to embark at Cork about the 1^'
of December, in order to proceed -n-itli two companies of Artillery
and a proper number of Battalion Guns, Howitzers, etc to Cape Fear
River.

You will see bj^ the enclosed copy of a Letter to lyLijor General
Howe, that this separate corps is to be commanded by one of the
several officers with him, and it will also fully instruct you as to the
whole pjlan and conduct of the expedition, and I have only to add,
that any corps of Provincials that may be formed upon tliis occasion,
must be raised bj- your authority, and commanded by you as
Provincial Colonel, with the same pay as a Colonel upon the Briti-sli
Establishment, but without any Rank in the Army or claim to half
pay, which for reasons I have already given cannot be allowed.

You will observe that in the Letter to Major General Howe, the
propriety of sending Pilots with the Ship tliat carries the General
officer to C'ape Fear River is particularly pointed out, but as it may

300 COLONIAL RECORDS.

be uncrtain whether Pilots well acquamted with the Coast of North
Carolina can be procured at Boston or New York, it will be very
necessary that you should, with as much secrecy as possible, engage
a proper number to be put on board the Vessels that will beoi'dered
(in conformity to the Instructions already given) to cruize upon the
coast until the Fleet and Transports shall arrive. I am also com-
manded by the King to suggest to you the great advantage and
utility that will attend the procuring, if practicable, a number of
carriages and draft Horses, for the use of the Troops, in an}' opera-
tions they may find it necessary to carry on, and from what you
have said of the Disposition of some of the Back Counties, I should
hope it may not be impracticable, if managed with secrecy and
caution.

The Parliament met yesterday, and inclosed I send you His JMaj-
esty's Speech to botli Houses, together with their addresses in return
thereto, which I trust will have the effect to convince the rebellious
Inhabitants of the Colonies of the firm Resolution of every Branch
of the Legislature to maintain the Dignity and Authority of Parlia-
ment, desirous at the same time to receive with all proper indul-
gence the submission of any Colony that shall be inclined to return
to its Duty and Allegiance. I am etc.,

DARTMOUTH.

[Reprinted from American Archives. Vol. 4. Page 556.]

Letter from Silas Deane to James Hogg about the New Colony of
Transylvania.

November 2d, 1775.

At the time of granting the New England Charters, the Crown of
Great Britain had no idea of any real interest or property in the
American lands. The Pojie, as Vicar of Christ, pretended, very
early, to have an ab.solute right, in fee simple, to the earth and all
that was therein, but more particularly to the Countries and persons
of liereticks, which he constantly gave away among his favourites.
When the Crown of Great Britain threw off its submission to the
Pope, or, in other words, by .setting itself at tlie head of the Church,
became Pope of Great Britain, this old, whimsically arrogant Nation
was, in degree, restrained; and Queen Elizabeth, in the Year 1579,
most graciously gave to Sir Walter Raleigh all North An:erica from

COLONIAL RECORDS. 301

the latitude 34° nortli to 48° north; and extending West to the
great Pacifick Ocean; to which immense territor}' she had no more
right or title than she had to the Em})ire of China.

On Sir Walter's attainder, this was sujiposed to revert to the
Crown, and in 1606, James I, in consequence of the same principle,
granted the South part of the above, to a Company then called the
London Company; and in 1620, granted the northernmost part to a
Company called the Plymouth Company, containing within its
bounds all the lands from 40° to 45° north latitude, and west to the
South-Seas. This Company granted, 1631 to certain persons, that
tract described in this Charter, which you will see was very liberal,
and rendered them (as in reality they were) independent of the
Crown for holding their lands; they having, at their own expense,
purchased or conquered them from the natives, the original and sole
owners.

The Settlement of Connecticut began in 1634 when they came
into a Voluntary Compact of Government, and governed under it,
until their Charter, in 16G2, without any difficulty. They vrere
never fond of making many laws; Nor is it good policy in any
State, but the worst of all in a new one. The laws, or sin;ii!ar ones
to those which I have turned down to, are necessary in a new
Colony, in which the highest wisdom is to increase, as fa.st as pos-
sible, the inliabitants, and at the same time to regulate tliem well.

The first is to secure the general and inalienable rights of man to
the settlers; without 'this, no inhabitants, worth having, will adven-
ture. This, therefore, requires the Closest and earliest attention.

Next to this, is the mode or rule by which civil actions may be
brought, or the surest ways and means by which 'every individual
may obtain liis right.

Then a provision for the safety of the Community against liigh
handed offenders, housebreakers, ifec.

There are two ways of regulating a Community; one by correct-
ing every offender, and the other to prevent the offence itself; to
effect the latter, education must be attended to as a matter of more
imptortancc tlian all the laws which can be framed, asit is better to
be able to prevent, than after, to correct a disease.

Peace officers will be necessary, and these ought to be chosen by
the people, for tlie people are more engaged to support an officer of
their own in the execution of his trust, than they will ever be in
supporting one forced upon tliem.

302 COLONIAL RECORDS.

Some regulation of civil courts ought early to be made ; the most
simple and least expensive is best; an honest judge will support
his dignity without a large salarj^, and a dishonest one can have no
real dignity at any rate. The General Assembly must be the
supreme fountain of power in such a state, in constituting which,
every free man ought to have his voice. The elections should be
frequent, at least annually; and to this body every officer ought to
be amenable for his conduct.

Every impediment in the way of increase of people should be
removed, of course marriage must be made easy.

Overgrown estates are generall}^ the consecpience of an unequal
division of interest, left by a subject at his decease. This is pre-
vented by an equal or nearly equal right of inheritance. This
has taken place in all the New England Colonies, and in Penn-
sylvania to their great emolument.

All fees of office ought to be stated and known, and they should
be stated as low as possible.

Some crimes are so dangerous in their tendency, that capital pun-
ishments are neces.sary; the fewer of these, consistent with the
safety of the State, the better.

There ought to be some terms on which a man becomes free of
the Community'. They should be easy and simple; and everyone
encouraged to qualify himself, in character and interest, to comply
with them; and these terms should be calculated to bind tlie per-
son in the strongest manner, and engage him iu its interest.

A new Colony, in the first place, should be divided into .small
townships or districts, each of which ought to be empowered to reg-
ulate their own internal affairs; and to have and enjoy every liberty
and privilege not inconsistent with the good of the whole.

Tenure of lands is a capital object, and so is the mode of taking
out grants for, and laying them out. If individuals are permitted
to engross large tracts, and lay them out as the}^ please, the popula-
tion of the country will be retarded.

Precarious must be the possession of the finest country in the
world, if the inhabitants have not the means and skill of defending
it. A militia regulation must, therefore, in all prudent policy, be
one of the first.

Though entire liberty of conscience ouglit everywhere to be
allowed, yet the keeping up among a j^eoplc a regular and stated

COLONIAL RECORDS. 303

course of Divine worship has such beneficial eifects tliat tlie encour-
agement tliereof deserves the particular attention of the magistrate.

Forms of oaths are ever best, as the}- are concise, and carry with
them a solemn simplicity of appeal to the Divine Being; and to
preserve their force, care should be had to avoid too frequent a repe-
tition of them, and on ordinary occasions.

The preservation of the peace being the capital object of govern-
ment, no man should be permitted, on any occasion, to be the
avenger of the wrongs he has, or conceives he has, received; but, if
possible, ever}' one should be brought to submit to the decision of
the law of the country in every private as well as publick injury.

Providing for the poor is an act of liumanity; but to prevent
their being numerous and burdensome to the society is at once
humane and an act of the highest and soundest policy; and to effect
it, the education of children, and the manners of the lower orders
orders are constantly to be attended to.

As, in a well ordered government, every one's person and property
should be equally secure, so each should .pay equally, or on the
same scale, for the expenses in supporting the same.

Li a new and wild country, it will be deemed, perhaps, impossi-
ble to erect schools ; but the consequences are so great and lasting
that every difficulty ought to be encountered rather than give up so
necessary, so important an institution. A school will secure the
morals and manners, and at the same time tend to collect people
together in society, and promote and preserve civilization.

The throwing a country into towns, and allowing these towns par-
ticular privileges like corporations in England or America, tends to
unite the people, and, as in the least family there is, generally, the
best economy, so these towns will conduct the internal and domes-
tick prudentials better than larger bodies, and give strength, sound-
ness and solidity to the basis of the State.

Sir, you have in the foregoing, the outlines of the policy of the
Connecticut Government, in as conci,se a view as I could ; the great
and leading principles of which will, I conceive, apply to any new
State; and the sooner they are applied the better it will be for the
health and prosperity of the rising community.

An equal and certain security of life, liberty and property ; an
equal share in the rights of legislation and an equal distribution of
the benefits resulting from Society ; with an early attention to the
principles, morals and manners of the whole, are the great first

504 COLONIAL RECORDS.

principles of a good government, and these well fixed, lesser matters

will easily and advantageously adjust, as I may say, themselves. I

am far from thinking our system is entirelj^ fit for you, in e\evy

point. It has grown up and enlarged itself; as we have grown. Its

principal features are worth your attending to; and, if I had leisure,

would point out, more particularly, which part I think you might

adopt immediately, what additions are necessarj', and why some

parts should he rejected. But I will, if possible, give you after your

perusal of 'this, the general heads of what, from my little reading

and observation, I think to be the most simple, and consequently,

the best plan of Government.

I am, Sir, yours

S. DEANE.
Thursday morning, November 2, 1 775.

Two laws, I see I have run over without noting upon; the one is
for punisliing vagaljonds, by setting them to hard labour. The
other, for the punishment of theft, which you may think too light,
but I think too severe ; or, in other words, I would avoid infamous
punishments, such as cropping, branding, whipping, &c., and sub-
stitute hard labour in their stead.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Friday, November d'^, 1775.

On application from Mr John Hunt, the Committee met.

Present: John Anci'um, chairman ; Peter jMallett, John Slingsby,
W" Wilkinson, John Forster, John DuBois, William Ewins, Henry
Toomer.

Mr John Hunt came in and produced two Letters to His Excel-
lency, recommending said John Hunt as Register for Granville
county ; and the Rev Mr W" M'Kensie as a clergyman for said
county. On examination of John Hunt on oath, found he had no
other paper for the Governor; therefore.

Ordered, That Mr .Jolni Hunt be allowed to go down to his Excel-
lency on board the Cruizer, to obtain such paper from the Governor
that lie may have occasion for, relative to the Register's Office; and

COLONIAL RECORDS. 305

that on his return he shall produce what papers he may receive
from the Governor to this Committee. Grant was paid.

On apphcation from j\Ir Peter Mallett, Ordered that if Adam
Boyd does not pay P. Mallett (on Monday next or before) for the
paper sold some days ago, as well as what paper A. Boyd has in his
hands, that P. Mallett have leave to dispose of the same on Tues-
day next, or any time after to such person who may choose to pur-
chase it.

[Reprinted from American Archives. Vol. 4. P. 37.]

Proceedings of South Carolina Provincial Congress in the matter of
John Dunn of Salisbury, N. C.

November G"" 1775.

"Mr Lang declared, that on the 31" of October, being at Mr Hat-
field's Tavern, he heard a stranger to him, who he since finds is the
Mr Dunn in ciuestion, arguing warml}^ in favour of Ministerial
measures. He cannot remember the wbole of the conversation, but
recollects particularly, that Mr Dunn declared we (meaning plainly
from the run of his discourse, the Americans) had no right to pre-
scribe to the Prince and Parliment! And by way of burlesque, that
he, Mr Dunn, was a tory, and had called his stray dog 'Tory ' ! and
that through the whole of his discourse, he so spoke as highly
offended him, Mr Lang, although he did not know the restrictions
which at that time lay upon Mr Dunn.

"D' Burke witnesses, that Mr Dunn appeared to him to be much
in liquor, and spoke somewhat in favour ofthe American cause, but
at different times did so speak against it, as that nothing but drunk-
enness could excuse him.

"Upon the whole, your Committee are of opinion, that his impru-
dent conduct was, in a great degree, the result of intoxication, and
recommend it to the Congress, that Mr Dunn be admonished to be
more cautious for the future."

Ordered, That Mr Dunn be summoned to attend this Congress,
at their meeting to-morrow.

Mr John Dunn, summoned to attend this day, was called in and
reprimanded from the Chair in words to the following purport :
VOL. X — 20

306 COLONIAL RECORDS.

"Mr Dunn: You was sent to this Colony as a jDerson inimical to
the liberties of America; and as so obnoxious a person, you have
been for some time held in close confinement in Charlestown, by
jjublick authority. Upon your j)ressing entreaties to the late C4en-
eral Committee, you was lately enlarged upon your i^arole, having
first voluntarily taken an oath to observe a conduct of strict neu-
trality, and that you neither would directlj^ or indirect!}', in any
shape interfere in the present unhappy dispute between Great Britain
and America. You have been charged before this Congress with
liaving violated that oath; and the Coinmittee appointed by this
Congress to examine you on that subject and hear your defence, have
thereon reported in such terms as induced the Congress to order .
your attendance to-daj^, and to direct me to I'epreliend your jiast con-
duct; to admonish you to more strict observance of your e^igage-
ment; and to declare to you, that if you transgress again, you will
be committed a close prisoner to the connuon jail."

After which ]\Ir Dunn was dismissed.

[B. P. R. O. All. & W. Ind.: No. Carolina. No. 2-32.]

Letter from Earl of Dartmouth to Governor Martin.

Whitehall 7"" Nov' 1775.

SiK,

Since my Letter to you of the 27"' of last month inclosing Copy
of my Dispatch to Major General Howe, of the 22"'' of tliat month,
the plan and object of the intended Expedition to the Southward
to which that Disjiatch refers, have been very naturally [maturely]
considered.

It has been found upon full Examination that the Entrance and
Navigation of Cape Fear River are at least very hazardous if not
impracticable to Vessels of a large Draught of water, and conse-
quently that Troops disembarked within tliat River could receive
no protecton in their landing from Ships of \\'ar. It is thought
advisable however, that they should j^roceed according to their
original destination from a hope, that although it maj^ be imprac-
ticable for tjje fleet to cover and assist the landing of so large a
Body as seven Regiments yet tlio disembarkation of a small part
may be affected, in case you shall be of opinion that they will not
be opposed, and that they will be joined liy any con>ideral)le

COLONIAL RECORDS. 307

number of well disposed persons, so as to accomplish the restoration
of Government, but if such landing either of the whole or of any
part, cannot be effected, without hazard of opposition, and there is not
a certainty that they would be immediately joined by such a number
of the well disposed Lihabitants, as would when once assembled
under the countenance of the King's Troops be able to maintain
themselves and support the King's Government, no possible advan-
tage could attend any Effort in North Carolina and in tliat case the
General who commands the Exj^edition, and who will probably be
arrived off Cape Fear River by the time this Letter reaches you
will be instructed to proceed with the whole Body of the Forces
under his Command to Charles Town, in order to try wliat may be
effected there towards restoring Government in South Carolina, for
it is necessary I should again state to you that this enterprize is
entirely formed upon tlie assurances given bj^ yourself and the rest
of His Majesty's Governors in the Southern Provinces, that even
upon the appearance of a Force, much inferior to what is now sent,
the Friends of Government would show themselves, and the Rebel-
lion be crushed and subdued.

If we are deceived in this expectation and these Assurances, or if
the Friends of Government when collected in Arms, shall not find
themselves strong enough to support that Government without the
assistance of regular Troops, the Expedition will be of little avail
and all that will be left to the King's General to do, will be to
place the Army under his Command in some secure situation until
the season of the year will admit of their going with safety to join
General Howe, which juncture will most probably be effected with
greater facility and much earlier than it could be done from hence.

If the General who is to have the Command of these Troops, should
be at Cape Fear when you receive tliis, or Ijefore the Troops arrive,
you will communicate this letter to him, apprising him at the same
time that he will receive full Instructions from me, by the Com-
manding officer of the Regiments that are .sent out.

If you should be of opinion after all that I have stated of the
difficulty in respect to landing Troops in North Carolina, that a part
of the Force sent out may be employed there to effect, and the
General should concur in that opinion^ the utmost activity in Prepa-
ration will be necessary, and you should loose no time in sending
Emissaries amongst the Inhabitants of the well-disposed Counties
with Authority and Commission to the piincipal persons of Trust

308 COLONIAL RECORDS.

and Confidence for raising and embodying as many men as can be
procured, and informing them of His Majesties Litentions of sup-
plying them with Arms and giving them the same pay as the
Regular Troops, as soon as thej' come down, which the}' should be
encouraged to do, as soon as they hear of the arrival of the Troops
upon the Coast, bringing down with them Horses and "Waggons for
the use of the Army, for which they will be very liberally paid and
rewarded.

These Emissaries should also be instructed to assure tlie Men so
raised, that they will not be obliged to serve out of the Province,
v.'-ithout their Consent, nor any longer than the present troubles con-
tinue. And it may not be improper to engage for a remission of all
arrears of Quit Rents and for Grants of Land to such as shall enter
into this Service, in proportion to their Rank and Merit, with an
exemption from the payment of anj' Quit Rents for twenty years
from the date of the Grants. I am etc.,

DARTMOUTH.

[Reprinted from American Archives. Vol. 3. P. 1385.

Proclamation by Lord Dunmore, Governor of ^'il■ginia.

A Proclamation.
As I have ever entertained hopes that an accommodation might
have taken place between Great Britain and this Colony, without
being compelled by my duty to this most disagreeable, but now
absolutely necessary step, rendered so by a body of armed men,
unlawfully assembled, firing on His Majesty's Tenders; and the for-
mation of an Army, and that Army now on their march to attack
His Majesty's Troops, and destroy the well-di.sposed subjecls of this
Colony: To defeat such treasonable purposes, and all such traitors
and their abettors may be brought to justice, and that the peace and
good order of this Colony may be again restored, which the ordinary
course of the civil law is unable to effect, I have thought fit to issue
this my Proclamatipn, hereby declaring that until the aforesaid
good purposes can be obtained, I do in virtue of the power and
authority to me given by His Majesty, determine to execute martial
law, and cause tlie .same to be executed throughout this Colony.

COLONIAL RECORDS. 309

And to the end that peace and good order may the sooner be
restored, I do require every person capable of bearing arms to resort
to His Majesty's standard, or be looked upon as traitors to His ]\laj-
esty's crown and Government, and thei'eby become liable to the pen-
alty the law inflicts upon such offences — such as forfeiture of life, con-
fiscation of lands, etc., &c., and I do hereby further declare all indented
servants, negroes or others (appertaining to Rebels), free, that are
able and willing to bear arms, they joining His Majesty's Troops, as
soon as may be, for the more speedily reducing this Colony to a
proper sense of their duty to His Majesty's crown and dignity.

I do further order and require all His Majesty's liege subjects to
retain their quit-rents or any other taxes due, or that may become
due, in their own custody, till such time as peace may be again
restored to this, at present, ni' st unhappy Country, or demanded of
them for their former salutary purposes, by officers properly author-
ized to receive the same.

Given under my hand, on board the Ship William, off Norfolk,
the 7* dav of November, in the sixteenth year of His Majesty's reign.

DUNMORE.
God Save the King.

[From MS. Records in Office of Secrf.t.^rt of State.]

Proceedings of the Safety Committee in Rowan County.

Nov 7'" 1775.

The Committee of the County of Rowan met 7"' of November
1775, according to adjournment.

Present: M' Samuel Young Ch"; Griffith Rutherford, Jonathan
Hunt, David Smith, .James Smith, Josiah Rouncifer, John Dickey,
John Brevard, John Losse, Thomas Whitson, ]\Iatthew Locke, John
Lewis Beard, Hugh Montgomery, William Sharp, Robt. Moore, John
Archibald, Robert King, William Moore, Samuel Reed, John Pur-
viance, Alexander Dobbin.

Pursuant to Resolve of last Committee a number of Capt James
Smith's Company being cited, appeared, three of whom signed the
Test.

Ordered, That the remainder have till to-morrow morning to con-
sider of the matter.

The Committee adjourned till to-morrow mrirning 8 o'clock.

310 COLONIAL RECORDS.

Wednesday 8'^ Nov' 1775.

The Committee met according to adjournment.

James Hemphill has leave to bring suit against Francis Bishop.
Debt under £5 one.

James Hamilton lias leave to bring suit against Thomas Bailee
for Assault & Battery.

Resolved, That M' Joseph Hughes be admitted to the same privi-
leges as those who sign the Test, on account of some extraordinary
circumstances attending him.

Resolved, That all suits now depending in the Inferior Court, in
the county of Rowan, ought to be tr3'ed as soon as possible, but no
Execution Issue without leave.

Resolved, That an}' tlirce members of this Committee may give
leave to creditors to bring suits, and issue orders to detain the bodies
or goods of such as are about to remove out of the County, in the
same manner as this Committee could do when constituted. And
any three members proceeding as aforesaid shall make due return
in writing to the next ensuing Committee.

Robert Yv ilson has leave to bring suit against "William Martin for
Debt under £5.

William Durham, agreeable to citation appeared before the bar of
this Committee to render an account of his political sentiments,
relative to American freedom.

Ordered, That he have till tomorrow morning 8 o'clock to con-
sider of the matter and that he then appear before the Committee.

M' James Smith, Chairman of the Committee appointed to sit at

Col Hunt's the last of last month, Reports that, either through dis-

' affection to American Measures, or want of Notice, or Neglect, the

people failed to appear, whereby the design of your Committee is

frustrated.

Resolved that M" John Brevard, John Dickey, Moses Winsley and
Hugli Brevai'd, or any three of them attend at Capt W^illiam David-
son's on the 20"' Instant to see that the company of jMinute Men
whom he has enlisted arc embodied, and able, effective men, and
make rejaort to the next Committee.

Resolved, That M' Thomas M°Guire raise a sufRcieht guard of
men, and compell the ajipearance of Alexander Allison and John
Hale. before this Committee at next session to render an account of
tlicir political sentiments, relative to American freedom.

COLONIAL RECORDS. 311

Wliereas William Spurgeon and Matthias Sappiufield continues
incorigible enemies to American Measures for the defence of their
freedom, therefore

Resolved, That Col. Martin Dispatch two officers, with a sufficient
number of soldiers and take the Bodies of the said Spurgeon and
Sappinfield,'and them_, or either of them bring before this session of
Committee, or otherwise have them confined in the conmion gaol of
this county until the next sitting of the same.

.Jacob Beck being brought to the bar of this Committee to give an
account of his political sentiments, ordered, That he have till to-
morrow morning to consider of the matter, and Capt. David Smith
is surety for his appearance.

Adjourned till to-morrow morning 9 o'clock.

Thursday 9"' November, 1775.

The Committee met according to adjournment.

Dennis Burgess has leave to take possession of a sufficient quantity
of the goods & chattels of Thomas Bidwell (who has absented him-
self from this County) as security for a debt under £20.

Resolved, That it is the opinion of this Committee that it was not
the design of the provincial Congress to restrain plaintiffs from
bringing suits for trespass with force and Arms Assaults, Batteries,
Slanders, and such like Torts and injuries, or compell the plaintiff
in such cases to make a previous application to the Committee. We
do therefore allow such suits to be commenced, and proceeded upon
a^far as judgment, without such application.

Resolved, That John Bones be appointed door-keeper for this
Committee & that he be paid by the members thereof three shillings
per day.

Ordered, That Col Adlai Osborne deliver to Col Martin a c^uarter
cask of gun powder and 50 ifcs of lead out of the publick Magazine
of this County, and take a receipt for the same in behalf of this
Committee.

Resolved, That Cai^tain David Smith have leave to ab.sent him-
self from this Committee, and take and bring back the body of
Jacob Beck, who failed to appear agreeable to the order of the Day.

Ordered, That Col° Adlai Osborn deliver Capt. David Smith one
pound of powder and two l^-s of lead out of the magazine and take
his receipt.

Resolved that Cajit. Dickson's Company choose proper officers, and

312 COLONIAL RECORDS.

return their names to next Committee for approbation, and the Com-
pany be subject to the officers so elected.

Resolved, That the Chairman of this Committee by letter addressed
to Col. Hunt, And" Hunt, James Bryans .Juii'' and John Johnston,
directing them to advertise all the friends to American Liberty in.
the forks of the Yadkin to meet at John Johnistou's on' the last Fri-
day of this month to. Elect proj^er officers for one or more Militia
Companies, and that it be recommended to Col" Rutherford to attend
at the same time, to render all the friendly services in his power to
obtain so desirable an end.

Resolved, That M'' Moses Winsley take into his possession the
guns, powder and other ammunition in the hands of John Work &
give him an obligation in behalf of this Committee for the payment
of the same at the price directed by Congress, and this Committee
does obligate themselves to indemnify IM' Winsley for the same.

Resolved, That Col" Rutherford, Matthew Locke, Maxwell Cham-
bers, Matthew Troy, Samuel Young, James Smith, a,nd William
Nesbit be a Committee of Secrecy, Intelligence and Observation for
the county of Rowan and Town of Salisbury.

A Letter from Benjamin Booth Boote dated Charlestown, October
31", 1775, directed to this Committee, purporting that the General
Committee of Charles Town has offered to release the said B. Booth
Boote and John Dunn, Esq", on condition that the said Boote and
Dunn would promise to observe a strict Neutrality with respect to
the Common Cause, and also indemnify the persons most active in
sending the .said Boote & Duim in So. Carolina, and further jfir-
porting that said Boote & Dunn would not agree to the latter condi-
tion. Also desiring this Committee to make provision for his famih'
in case he is not released.

Resolved, That it is the opinion of this Committee that the Resolve
of the Provincial Congress, communicated to the Committee of
Intelligence of So. Carolina respecting said B. Booth Boote should
be observed. That the conditions mentioned in said Boote's Letter
is unnecessary, since this Committee consider the Honour, not only
of this county, but the Province, engaged to indemnify those wlio
conveyed the said Boote out of the province.

Resolved, That the said Boote's family be provided for at the dis-
cretion of tlie Town Committee of Salisburj'.

Ordered, That the Secretary of this Committee certify a copy of
the aforesaid Letter and order thereon, and direct the same to the
General Committee in Charles Town.

COLONIAL RECORDS. 313

A letter from the Hon"" Alexander M'Cullocli, Esq'', dated Hali-
fax County, Sept. 26"', 1775, directed to the Chairman of this Com-
mittee, expressing the most generous sentiments in support of Amer-
ican freedom, and defending himself against a charge of undue
influence on the minds of Messrs Frohock and Kerr, being read.

Resolved, That the Committee entertain the most grateful sense
of the kindness of the author of so friendly and spirited a perform-
ance, and esteems Messrs Frohock & Kerr nothing the less on
accoiwit of the calumny of wicked and designing persons.

The Committee adjourned till to-morning at 9 o'clock.

[Repkixted from the American Archives.' Vol. 3. P. 1400]

Letter from the Earl of Dartmouth to Major-General Howe.

Whitehall, November 8"" 1775.
Sir:

Since my letter to you of the 22'"' of October, triplicate of which
I enclose, the plan, the object, and the probable effect of the intended
expedition to the Southern Provinces, have been maturelj^ consid-
ered, and the King has thought fit that the force should be aug-
mented by an addition of the Twenty-Eighth, and Forty -sixth Regi-
ments; so that the whole will consist of seven Regiments.

It has been found, upon examination, that Cape Fear River will not
admit ships of a large draught of water, on account of its bar; so
large a body of troops, therefore cannot receive from the fleet that
is to accompany them that protection and assistance which is neces-
sary in their disembarkation, and consequently there is much
doubt whether the object of sending a force there can be accom-
plished. As my letter to you, however, directs that the General
Officer who is to have the command should repair to Cape Fear, the
Regiments from hence will be directed to proceed thither, and the
Commander-in-Chief will be instructed to confer with Governor
Martin, and consider whether it will be j^racticable to effect any
essential service in North Carolina, with such a part of the Army
as can be conveniently landed.

Should that be the case, he will proceed with the rest of the
troops, or otherwise with the whole of them, to South Carolina, and
after advising with the Governour upon the best means of exe-

314 COLONIAL RECORDS.

cuting the service he is sent upon, according to the instructions he
will receive from me, he ■will either land tlie troops at Cliarlestowu
or proceed to Port Royal harbour.

The enclosed Copies of my letters of yesterday "s date to Gov-
ernour Martin, and Lord William Campbell will not only point out
to you the orders I have given to them, respecting this expedition
but will also explain to you our ideas of the possible advantage
that is to be expected from it. I say of the possible advantage,
because the effect of it is very precarious.

If however, it should succeed according to the assurances that
have been given us in encouraging the friends of Government to
stand forth in the defence of the Constitution, and in enabling them
to wrest the sword out of the hands of the Rebels, it will be a great
point gained. But even if it should fail of that consequence, it can
have no effect to weaken the operation to the northward, as there
are many situations in the Southern Provinces where the Army
may be posted with great security, and with every advantage of a
healthy climate, until the season arrives I'or their joining the body
of forces under your Command — a junction that will be made
with greater advantage, and at a much earlier period than it could

be from England.

I am ifcc.
DARTMOUTH.

[Fhom MS. Records in Ob'fice op Secretary of State.]

Letter from Joseph Hewes to Samuel Johnston Esq.

PiiiLADELPHi.v 9'" Nov. 1775.
Deak Sir,

It is now I imagine near three weeks since your Provincial Coun-
cil broke up and I take it for granted you have sent an express with
the account of your deliberations to your Delegates here; we expect
it dayly and are Anxious for its arrival. I hope you have fallen on
some method to furnish your Soldiers witli Arms and Ammunition;
those articles are very scarce throughout all the Colonies. I find
on enquiry that neither can be got here, all the Gunsmiths in this
Province are engaged and cannot make Ai-ms near s-o fast as they
are wanted. Powder is also very Scarce notwitlistanding every efl'ort
seems to liave been exerted botli to make and import. The Con-

COLONIAL RECORDS. 315

gress exert every Nerve to put the Colonies into a proper state of
defence; four Regiments are ordered to be raised on Continental
Pay for the defence of South Carolina and Georgia; it is expected
the two Regiments with you will be continued and kept up the same
as other parts of the Army. One Regiment is now raising in this
Province and two in New Jersey on the same establishment. Twenty
thousand j\Ien are to be kept up near Boston and Five thousand on
the Lakes, Canada, etc. The whole Army to be enlisted to the 31"
of December 177G, unless discharged sooner by Order of Congress.
The Pay of the Captains, Lieutenants and Ensigns is increased,
they are now allowed as follows, a Captain 261 dollars, a Lieutenant
18 dollars, an Ensign 13J dollars per Calendar month. The Rations
allowed the Soldiers thro' the whole Army you have as follows:

One pound of Beef or f lbs. of Pork, or 1 lb of Salt Fish '§ day
each man ; 1 fo of bread or Flour ; 3 pints of Peas or Beans '^ Week
or Vegetables in proportion, rating Peas or Beans at 6s "^ Bushel ; 1
j^int of milk ^ man ^ day or at the rate of A of a dollar "p pint; J
pint of Rice, or one pint of Indian meal ^ man "^1 week ; one c|uart
of Spruce Beer or Cyder '^ man, or 9 gallons of Molasses '^ Company
of 100 Men "§ week; 3 fts. of Candles to 100 men "§ week for guards;
2-4 fes. of Soft Soap or 8 lbs. hard Soap for 100 men ^ week.

I doubt not you will find it necessary to come into a new agree-
ment with your Commissaries, for it will be but Just and right to
give your Soldiers the same allowance that is given to those in other
places. It is also recommended that all the Soldiers be put into
some Uniform, that the Public purchase the Cloth and have it made
uji, and that it be diecounted out of each Man's Pay at the rate of
10s '^ month. The Soldiers near Boston we are told are well pleased
with this regulation.

Several other matters which together with some Ships and Vessels
that are fitting out at the Charge of the Continent will enhance our
expences amazingly, by which you may Judge we have but little
expectation of a reconciliation — I can assure you from all the
accounts we have yet received from England we have scarcely a
dawn of hope that it will4ake place.

M' Middleton and M' Rutledge two of the Delegates for South
Carolina set out for that Province on Sunday last, they intended
[going] thro' Halifax and carried a Letter for you from the Presi-
dent enclosing a resolution respecting Trade.

316 . COLOXIAL RECORDS.

I have enclosed some Newspapers in a Letter to M' Smith, to them
YOU must look for News. I hope all your Family are in good health,
my Compliments to them, you and they have always the best
wishes of, Dear Sir,

Your most Obed' hum"* Serv'

JOSEPH HEWES.

Nov. 10"" Since, writing the above a Ship arrived from Loudon
and brings papers to 12'" Septem'. No answer is to be given to the
Petition of the Congress, as the King did not receive it on the
Throne. Parliament prorogued to the 20"' Oct. J. H.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Rowan County.

Friday 10* Novem' 1775.

Tlie Committee met according to adjournment.

Ordered, That Charles Purviance have leave to bring suit against
John Oliphant, Debt under £o.

Resolved, That this Committee will be accountable to M" Troy for
20 lbs. of lead, at lOd bo' by M' Osborne in behalf of this Committee.

Whereas by virtue of sundiy Executions the Sheriffs have exe-
cuted goods before tlie returns to Nov' Term and the same still
remains unsold.

Resolved, That the Clerk have leave to Issue orders of sale, that
the Sheriffs may sell such goods as were under Execution before said
Term.

Ordered That Nathaniel Tenpennj^ have leave to get Execution
against Henry Libby Herman Butner, and Isaac Enochs.

Cap' David Smith returned with the Body of Jacob Beck before
this Committee; from his notorious contempt of this Committee and
Opposition to American Measures, ••

Resolved, That he be immediately committed to gaol, and that the
Surety Draw and sign his mittimus in tlie name of this Committee.

Resolved, That Wilson and Samuel Hillis have leave to take into
their possession a sufficient quantity of the effects of John Cliam-
bers, if to be found in this county as security for a debt of £2 18d.

COLONIAL RECORDS. 317

Ordered that Joseph Irwin have leave to obtain a summons from
a Magistrate to cause German Baxter to api:)ear and make oath
what part of the Estate of Joshua Todd (who is out of the county)
is in his possession, and Joseph Irwin may take the same into his
possession as security for a debt of ten pounds.

Ordered, That Joseph Irwin has leave to bring suit against tlie
adm" on the Estate of Robt. Luckie, Deceased, for a Debt of £5, 6s, od.

Resolved, That the Chairman of this Committee by letter addressed
to the Committees of Brunswick, Wilmington and Cross-creek rec-
ommending to them to use everj' endeavour to prevent every person
from this county or the neighbouring, conamunicating with the Gov-
ernor, or Traveling that way without a proper permission.

Resolved, That James Carroll has leave to bring suit against
James Brooks for a Debt under £5.

Resolved, That James Irwin has leave to bring suit against Abra-
ham Little for a debt under £'20.

Col" Martin brought Matthias Sappinfield to the Bar of this Com-
mittee, and after some time spent, he cheerfully signed the Test, pro-
fessed his hearty approbation of the Anierican Measures, and who
signed and swore to the same declaration that was signed and sworn
by John Colesou in Provincial Congress.

Jacob Beck being again brought to the Committee Bar, cheerfully
signed and sworn as above.

Resolved, That the said Sappinfield & Beck be discharged from
their attendance on this Committee.

Resolved, That it be recommended to Col° Martin or the Com-
mander of the regular Troops in the District of Salisbury, that so
long as they continue in Rowan County in all cases of impressment
of horses or other necessaries, that application be first made to a
Justice of the Peace or any three members of Committee.

The Committee adjourned till to-morrow morning 9 o'clock.

11'" of Nov. 1775.

The Committee met according to Adjournment.

Robert Latta came into Committee and acknowledged the receipt
of fourteen pounds ten shillings supposed to be counterfeit from
Col" Adlai Osborn agreeable to order of Committee.

A petition was preferred, signed by S inhabitants of the South
Fork of Yadkin, part of Capt. Morrison's Company — & read.

318 COLONIAL RECORDS.

Resolved, That the said petition & order of last Committee be
continued untill next Committee & the jiarties appear.

William M'Bride being sent for appeared under Guard at the bar
of this Committee for contempt offered to the same.

Ordered that he be reproved in the name of this Committee by Mr
Chairman.

From the contradictory and equivocal behaviour of William
M°Bride before this Committee,

Resolved, That it is the opinion of this Commitiee that the adver-
tisement charging Capt. Thomas Whitson M'ith falsehood &c. and
signed William APBride is a false & scurrilous performance and the
Author thereof ought to be treated with every mark of disrespect.

The following is a State of the amounts of the Several Militia
Companies that have- contril)uted towards defraying tlie contingent
expenses. Viz — paying Delegates &c.

Ordered that each Militia Comj^any as soon as possible pay up
their arrears so as to make four pound each agreeable to' order of
Committee, and that a further Tax be immediately collected of
sixpence from each Taxable to paj' Delegates for going to Hillsbor-
ough & otlier small contingencies.

COLONIAL RECORDS.

319

COMPANIES NAMES.

Capt.

Archil)ald

Berkley

Lewis Beard

G. H. Barringer

Beekman

Barriuger

Bkck

Dickson

Davidson, Jan,

Knox

Moore

Morrison

M'Creerv

M'Corkle

Olipliant

Purviance -__.

Reed

Robison

•James Smith _
David Smith __

AVhitson

Davidson, Jun

McDowell

Brevard

Cowan

Cash
paid

OJ <s '§

>-.

Montgomer}'

£ s. d.'£ s. d.

0 0
0 0

0 0
0 0
0 0

1 (J
0 u.
0 0.3
0 03
0 0-
11 31 8 9
0 02
0 01
0 01

0 o;

0 01 0 0
0 03 0 0

3 0

0 o'

0 0

0 O--*-

0 03 0 0

10 90 9 3

0 01 0 0

0 0 3 0 0
0 01 0 0
0 03 0 0

70

150

110

120

114

88

70

100

100

170

80

50

71

64

113

140

60

113

115

100

80

118

70

64

100

155

Total
due.

£ s. d.

1 15 0
10 0

2 15 0

3 0 0
17 0

4 0
15 0
10 0

2 10 0

4 5 0
0 0

5 0

1 15 6

12 0
16 6
10 0
10 0

16 6

17 6

2 0 0
2 10 0
1 15 0

1 12 0

2 10 0

3 17 6

d.

Credit.

£ .s. d.

0

14 0 0 14 0
10 0.
15' 0

0 0
17
12 9

15 0
10 0
10 0

5 0

0 0

o
12
12 0

16 6
10 0
10 0

5 9

17 0

0.
6.

2 8

2 10 0

5 0 0
3 19 0
4

]5 0

2 0 0

320

COLONIAL RECORDS.

A List of Officers nominated by this Committee to be returned to
Provincial Council agreeable to Resolve of Congress —

Captains.

Lieutenants.

Ensigns.

James Purviance

•John Purviance

William Waugh.

Chrisf Beekman

W" Beekman

Bolser Sigman.

David Caldwell

Hugh Hall

John Rosebrough.

Chas. McDowell

W"Pendland

John Simpson.

.Tohn ITarden

Geo. AValker

John Graham

Francis Ross

Benj Baker.

John Work

William Neil

Paul Cunningham.

Jesse Harris

Benj" Davis

Rich'' Quick 1 Commis

David Smith

Peter Hedrick

J no Conger J maJeoui.

Patrick Morrison

Walter Sharp

James M'Gahev.

Geo. Henry Bar ringer

Windell Miller

Heurv Ful wider.

Rudolph Conrad

John Sigman

Jno. Sigman, B. Smith.

Jacob Eagle

Henry Miller

Even Davis.

The Committee adjourned till the 6"" of Feb'y next.

SAMUEL YOUNG, .Chairman.
W"" Sharp, Sec'v.

[Reprinted from the American Archives. Vol. 4. Page 46.]

Proceedings of South Carolina Provincial Congress.

November lO"" 1775.

Ordered, That Mr President do sign and issue Commissions
appointing Ezekiel Polk Esq, to be Captain, and Samuel Watson
and William Polk, to he Lieutenants of a Company of "^'olunteer
Rangers.

Commissions were accordingly made out for the said Officers,
signed, and dated tl:e 3"^ instant in the form following.

South Carolina — In Provincial Congress.

To Edward Blake Esq: You are hereby nominated and appointed
Captain of a Company of volunteer Rangers in the service of this
Colony, subject to the orders of Congress, and in their recess to the-
Council of Safety.

This commission to continue during pleasure.

Dated in Congress November 3'', 1775.

Bv order of Congress

WILLIAM HENRY DRAYTON, President.

COLONIAL RECORDS. 321

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safetj' Committee iu Pitt County.

NovembtT li'\ 1775.

The Committee met according to Adjournment.

Mr. Chairman Informed the Committee that part of a Quantity of
Powder & Ball which this Committee contracted with Capt. Paul
White to Import was come to hand.

Ordered that the Committee of Secrecy, Intelligence & observa-
tion, Secure the same in such jilaees as they may think proper &
give notices thereof to the Committee of Safety for this District.

JOHN SIMPSON, Chair.

[B. P. R. O. Am. & W. IND.: No Carolina. No. 3,33.]

Letter from Governor Martin to tl^.e Earl of Dartmouth.

N" Carolina Ckuizer Sloop of War in Cape Fe.\r River,

November 12"', 1775.
My Lord,

I have the honour to inform your Lordship that I received on the
2S"' day of last month from the Post House in Wilmington a
Packet from your Lordship's Office beai'ing the most palpable evi-
dence of violation and no Post mark whatever but (Hampton 25 6)
written on the npj^er corner of the cover. This being the name of
the first Town within the Capes of Virginia I am led to conclude
that tlie Packet I have received is part of what your Lordship
taught me to expect by your last dispatches by a store ship that was
about to sail for that Province which being there put on shore has
fallen into the hands of the Committees who have transferred it
from one to the other after purloining it of what they have thought
meet until it has been finally deposited in the Post Office at Wil-
mington as it carries no marks of the intermediate Post Offices at
Norfolk, Suffolk, Edenton and New Pern ; I shall use my utmost
endeavours to discover by what means and through what channel
this Packet came to the Post Office at AVilmington, and if I am able
VOL. X — 21

COLONIAL RECORDS.

to ascertain that point, of which I own I have no great hopes, it
may be possible to trace back its wliole progress to the first violation.

I am the more exccedingh' to lament the violation of these Dis-
patches if they came by the store ship to Virginia, as your Lord--
ship's letter N° 18, by the South Carolina Packet, gave me room to
exjiect that you w ould write to me fully on the state of this Province
by that conveyance, for in that case if your Lordship executed your
purpose the most material of your disj^atches have been withheld
from me by the violators of the Packet I have received, the contents
of wliich that have come to my jjands in this strange manner and
condition being only your Lordship's circular letter notifying the
death of the Queen of Denmark, N" 17 of your Lordship's Dis-
patches with Extracts from the .Journals of the Lords Commissioners
of Trade and Plantations therein referred to (the Duplicate of wliich
■I have acknowledged to have received by the South Carolina Packet
some time ago) and two circular letters from AP Pownall bearing
date the 5* of xVpril and 27"' of May (the last being a duplicate),
enclosing printed co;.>ies of the King's Speech to both Houses of Par-
liament at the close of the preceding session and two ac's of the
same, the one for encouraging the Fisheries carried on from Great
Britain and Ireland and the British Dominions in Europe, the other
to restrain the Ti-ade and Commerce of tlic Provinces of Massachu-
setts Bay, New Hampshire &c: to Great Britain, Ireland, etc., and
to prohibit such Provinces and Colonies from carrying on any
fishery on the banks of New Foundland &c: under certain condi-
tions and limitations.

I flattered myself that my representations to your Lordship of the
violences wliich had been done by Congresses and Committees
throughout this continent would have arrived timely t> [)revent
your Lordship trusting your dispatches to any other conveyances
than the Packets to South Carolina, the ordinary channels of your
Lordship's correspondance (whose letters for me are lodged by my
discretion on board the King's ship there), or by his Majc-^ty's ships
bdund tliithei', or to tliis Port.

The disaster I have now related to your Lonlship will I trust
however obviate accidents of the like nature in future, fur your
L>rdship may dej»end that the post hero is no safe conveyance at
])rescnt for tiie most jirivate and uninteresting U'tters to tlu- < )llicers
of (lovernment, and that every letter to them mure particularly
such as I have lately received from your Lordshi]) (violated as I

COLONIAL KECORDS.

have described) bearing all the usual official forms of address pass
as certainly into the hands of Congresses and committees as if they
were expressly directed to them.

Witli ^"irgiuia I have no communication at all the distance being
too great to send tliither such a Dispatch boat as I am able to pro-
cure here. I would therefore humbly recommend that your Lord-
ship's Dispatches to me which shall not be sent hither directly by a
King's ship should go by such conveyance or by the Packets to
Charles Town (with direction that thej^ be lodged on board his
Majesty's ship stationed there) that is not a third part of the distance
from hetice and whence I am able to obtain them with safety and
certainty by a boat though only at the mon,strous expenceof Twenty
live pounds for each, trip which I have already paid twice that I
have sent there for your Lordship's dispatches and which might be
saved to me if your Lordship shall think proper to direct the men
of War to send a Tender here with such despatches as may arrive
from time to time, but if your Lordship shall on anj' emergency find
it expedient to send your dispatclies to me by the route of ^'irginia
or any other channels, they should be expressly directed to be con-
veyed from thence by one of the King's ships and by no means to
be committed to the Post,

>ince mj' last letter to your Lord.siiip I am informed by a person
who has seen a Draft cf the lands unlawi'ully and fraudulently pur-
chased by Henderson ;ind his associates from the Cherokee Indians
and which they have called Transilvania comprehends, as they have
laid it down, a Tract of no less tlian ninety miles in length and
twelve miles in breadth within tiie bounds of Lord Granville's Pro-
prietary in this Province and as my Informer says that tliej' have
not set off a full degree of Latitmle to Lord Granville in this Draft,
it is i>robable they liavo not extended his Proprietary to its due limits
to the northward and that they have therefore trespassed beyond
what they admit upon his Lordsliin's right. I loarn further that a
M'' James Hogg one of the Partiu-rs in this feloi.ious undertaking is
gone to treat with a body of Two tliousand People who are coming
from Connecticut to settle in this new forming Colony and that he
is also the per.son intended torejiresent this Territorj^ in the Conti-
nental Congress, these adventurers expecting by this piece of
flattery and address and their Delegates' influence to engage that
Assembly to make the ratification of their lawless invnsion of the
Indian lands under a fraudulent purpose a stipulation in any further

324 COLONIAL RECORDS.

proposition of accommodation with Great Britain. It i.-, said thi.s
infamous Company of land Pyratcs iiere [liave] already Sdld large
tract.s of land at high prices.

The success of this enterprise, I understand, has given encourage-
ment to another project of the like nature now carrying into execu-
tion by a company of people under tiie auspices of M' Richard Ca.s-
well, who is at the head of it, and was late one of the Delegates
from the Province to the Continental Congress. My information
goes that he and his Confederates (whose names I have not heard)
are fitting out a vessel at New Bern to be sent up the Mississippi
with chosen persons, to regulate with the Indians a pufchasc of
lands lying to the westward of the Territory of Richard liendersou
and his Company, and I have no doubt if some effectual stop is not
put to these daring usurpations that such Adventurers will possess
themselves soon of all the Indian Country.

On the 21" of last month a bodj' of 172 Highlanders, Men,
Women and Children, arrived here in the ship George, from Scot-
land, and on the application to me for leave to occujiy the vacant
lands of tiie Crown in this Province, when they have all relations,
and on the most solemn assurances of their firm and unalterable
loj'alty and attachment to the King, and of their readiness to Liy
down their lives in the support and defence of his Majesty's Govern-
ment, I was induced to Grant t'leir request on the Terms of tiieir
taking such lands in the proportions allowed by his Majesty's Royal
Instructions, and subject to all tlie conditions prescribed by them
whenever grants ma)' be passed in due form, thinking it more
advisable to attach these people to Government by granting as mat-
ter of favour and courtesy to them what I had not power to j)revcnt
than to leave them to possess themselves by violence of the King's
lands, without owing or acknowledging any obligation for them, as
it was not only the means of securing these People against the
seditions of the Rebels, but gaining so much strength to Govern-
ment that is ec|ually important at this time, without making any
concessions injurious to the rights and interests of the Crown, or that
it has eflfectual power to withhold, and I therefore flatter myself I
shall be justified in this step b}' his Majesty's approbation. I think
my Lord, with submission, that the expediency of making some rule
of favour and indulgence in granting lands to these emigrants not
extending to the encouragement of future emigrations may be
worthy his Majesty's Royal consideration.

COLONIAL RECORDS. 325

I have the satisfaction, I think on good inforniation, to assure
your Lordship that tlie Scotch liighLanders here are generally and
aknost without exception staunch to Government, and on the same
authority I am persuaded to helieve that loyal subjects yet abound
and infinitely outnumber the seditious throughout all the very pop-
ulous Western Counties of this Province. I am also told for a cer-
tainty that their indignation against the late Congress held at Hills-
borough ran so high that they would have brok- it up if they had
been jirovided but v>'ith a small quantity of ammunition and had
found themselves of defence to remit tlie vengeance they might have
expected in consequence of so open and declared an opposition to
Rebellion.

Captain Alex' APLeod, a Gentleman from the Highlands of Scot-
land and late an Officer in the ^Marines who has been settled in this
Province about a year and is one of the Gentlemen I had the honor
to recommend to your Lordship to be appointed a Captain in the
Batallion of Highlanders, I proposed with his Majesty's permission
to raise here found his way down to me at this place about three
weeks ago and I learn from him that he as well as his father in law,
M' Allan McDonald, proposed by me for Major of the intended
Corps moved by my encouragements have each I'aised a company
of Highlanders since which a ALnjor JPDonald who came here some
time ago from Boston under the orders of General Gage to raise
Highlanders to form a Batallion to be commanded bv Lieu' Coll.
Allan M'Lean has made them proposals of being appointed Captains
in that Corps, which they have accepted on the Condition that his
Majesty does not approve my proposal of raising a Batallion of
Highlanders and reserving to themselves the choice of appointments
therein in case it shall meet with his Majesty's approbation in sup-
port of that measure. I shall now only presume to add that the taking
away those Gentlemen from this Province will in a great measure if
not totally dissolve the union of the Highlanders in it now held
together by their influence, that those people in their absence may
fall under the guidance of some person not attached like them to
Government and that such a Batallion as I have proposed to raise
\^11 not only be signally usefull and necessary to restore the authority
of Government in this Colony at present but it will ever be main-
tained by such a regular military force as this established in it that
will constantly reunite itself with the utmost facility and conse-

COLONIAL RECORDS.

quentl}' may be always maintained upon the most respectable
footing.

From Cap' M'^Leod, who seems to be a man of observation and
intelligence, I gather that the inconsistency of Farquhard Campbell's
conduct (that I have formerly mentioned to your Lordship and of
which I now exhibit to you the proofs in a Cape Fear Mercury of the
21°' day of October herewith enclosed) has proceeded as much from
jealousy of the Superior consequence of this Gentleman and his
Father in law with the Highlanders here as from any other motive.
This schism is to be lamented from whatsoever cause arising, but I
have no doubt that I shall he able to reconcile the interests of the
parties whenever I have power to act and can meet them together.

By the concurring Testimony of a variety of people it would
appear that the spirit of opposition begins to droop and decline
here and that some of the foremost promoters of sedition waver and
seem ready to withdraw themselves from the combinations they
have taken so much pains to form, nay indeed I have heard that
one of the principal and most guilty of the Rebels here has latelj'^
declared he never expected to see matters in this present state,
that the American's hopes of their opposition to the claims of Parlia-
ment proving successful were formed upon the belief that Britain
would recede from her pretensions on some expediency arising out
of the abridgement of her Commerce the clamours of her Manu-
facturers her aversion to rigour towards the Colonies or from the
discontents excited in her own bosom by the Partisans of America
or the -prevalence of opposition in Parliament all of which had
failed them, that America after all their boasting was in no condition
to wage war against the Power of Britain and that he would gladly
for his part sacrifice four fifths of his fortune to bring about an
accommodation. This My Lord however was the language of a most
unprincipled man of notorious and profound dissimulation and
falsehood and held before an Officer in the King's service possibly
only with design to beguile and deceive. But if I could believe
that their system of opposition was tottering and ready to fall to
pieces (which I really think the conviction of their impotence to
remit successfully will only dissolve) I should still be of opinion
that the first symjjtoms and appearances of return to obedience
should be trusted with caution as arising more from fear than
affection and a }iroper sense 'of dutv; that no professions should be
regarde<l or advances received ntlier than unconditional submission

COLONIAL RECORDS. 327

and that any less certain presages of tlieir desire of reconciliation
should in no sort abate the vigor of Britain's resolutions and
preparations to assert Her supreme authorit}- but rather stimulated
her exertions to establish her force here in such strength as may
command the terms on which she may think it reasonable and
proper to insist in firm assurance that the evidence of her superior
power alone will effectually eradicate the principles of the present
horrid Rebellion and give permanent peace to this continent.

It is confidently reported that the continental congress hath sent
an Agent to the Court of France of tlie name of INPIntoch the
truth of which your Lordship will easily learn.

I have seen with great satisfaction in the Public Papers a Procla-
mation by the King for suppressing Rebellion and sedition bearing
date the 23"^ of August last which I hope will jjroduce great and
good effect; among others more momentous I expect it will give
weight to a proclamation I have lately issued to prevent the circu-
lation of the Paper Bills emitted here by the late Provincial Congress.

The Scorpion Sloop of War arrived here yesterday from Boston
and brought me letters of old date from General Gage discouraging
my expectations of any aids from him. This ship is come to relieve
the Cruizer Sloop which is certainly in too bad condition to proceed
to Boston at this season of the year and is neces.sary as well as the
Scoiyioii and may be usefully employed here to guard against the
introduction of military stores that I learn are very difficient among
the Rebels here who are in constant expectation of supplies by ves-
sels which have been sent for them. These circumstances I have
represented to Captain Thornborough of Charles Town who is the
commanding Officer of the King's Ships in the Southern Provinces
at present, and I hope he will order things accordingly. I have also
advised that a Transport which General Gage has sent here under
convoy of the Scorpion to recover the Artillery from Fort Johnston
should remain here till the Spring after receiving those stores on
board as her return to Boston at this time of year will be veiy
hazardous and uncertain.

A sliip is this moment arrived from Scotland with upwards of
one hundred and thirty Emigrants Men, AVomen "Viiid Children to
whpm I shall think it proper (after administering the Oatli of Alle-
giance to the Men) to give permission to settle on the vacant lands
of the Crown here on the .same principles and conditions that I

328 COLONIAL RECORDS.

granted that indulgence to the Emigrants lately imported in the
ship George.

I have the h nour to be, &c.,

JO. MARTIN.

[From MS. Eecords ix Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Monday, November 13* 1775.

At an occasional meeting of the Committee.

Present: John Ancrnm, Chairman; Charles Jewkes, 'John Fors-
ter, James Geekie, William \Mlkinson, Ilenr}- Toomer, Peter Mal-
lett, John Kirkwood.

Mr. Chairmaii produced a Letter from Rich'' Quince, Esq., of
Brunswick, purporting that a Man of War and a Ship, with Trans-
ports (or Troops), were arrived at Fort Johnston.

On reading the above Letter it was Ordered, that Messrs. Forster,
Mallett, Wilkinson and Jewkes, go round the town and examine the
arms that may be in each Family; after reserving one gun for each
white man that may be in the House, the remainder shall be valued
by the above Gentlemen, and a receipt given for them, mentioning
their value. Those who have new Guns to disirose of shall be al-
lowed three for one (in order to obtain an immediate sup[)ly of arms
on this immergent occasion) a receipt shall also be given for such
Guns on account of the public, and for the use of the first Regi-
ment under the command of Col. James IMoore.

On application from Capt. John Walker Ordered, that 5G pounds
of Gunpowder, and 221 pounds of Lead, be immediately delivered
to Capt. Walker to be sent to the Camps at Bernard's Creek, and
Capt. A\'alker's receipt for the same.

COLONIAL RECORDS. 329

[B. P. R. O. Am. & W. IND. Vol. 280.]

Talk delivered by the Commissioners appointed bj'^ the Continental
Congress for managing Indian Affairs as related by Lecofl'ee, who
was present at Augusta. Interpreted by.Samuel Thomas.

This Talk was delivered by one Hamilton a lawyer, and inter-
preted by one Forrest, to the Creek Indians, in presence of Galphin,
Rae and some others who they called Beloved Men, all the Back
Settlers were present at the Plantation of Rae, Elbert & C° in
Augusta.

AVe are all very glad you are come our great Friends and Red
Brothers. We the Great Beloved Men of Virginia. Carolina and
Georgia sent our Interpreter up to your Nation with good Talks to
all the Chiefs and head men of the Upper and Lower Creeks, that
they might come down to us to see each other and renew our old
friendship.

We want to let you know the intentions of Captain Stuart, and
when you hear what he has said you can then judge whether he is
your friend or not. We thought none of you would have come
down as his beloved I\Ian was trying all he could to stop 3-ou and
ordered our Interpreter to be taken, he does not want you should
come to us, for fear we .should tell you the truth. We are the
Beloved Men of this Land, the Red People are Masters of it — we
therefore consider ourselves one people. We always sent our Traders
with goods into your Nation to supply the wants of your women
and children. But now our King wants to make us poor if he can
and has tried to distre.?3 us by stopping our ships and preventing any
goods & ammunition being sent us. But we do not value that, we
have plenty of ammunition and can make our own cloaths here,
and you our Friends and Brothers will know this soon. We have
always beat the King's Troops they liave no chance with us, we will
soon have ships at Pensacola and S' Augustine and Mobile, which
are all the places the King has. You will now hear the intents of
Captain Stuart — he Avants to blind you and get you to join the
King's Troops against us. This is his Talk wrote by his hand and
sent to tlje King's warriors, but we took the ship it was in and every-
thing on board. AVe made a slave of his Talk as we were the best
warriors — here he says he intends to make peace with the Choctaws

COLONIAL RECORDS.

and Creeks, and then lie will set all the Red men on the Frontier
Inhabitants.

You may now know he is not your friend for he wants to run
you into danger that you may get killed. We know the Indians
are a people that love their young men and don't want any of
them killed, therefore we don't ask you to join us.

He says some of the Lower Creeks' Chiefs were down last winter
with him, and that the Cus.sata Ki ig, tlie Pumpkin King and the
Chihasau Warrior have promised him to help the King against us.

Now that we have told you all his Talks, you will consider the
matter, and I think you had best send Taitt out of the Nation, as
the Land is yours you can turn him out of it. There has been
nothing but disturbance ever since he came into your Nation. You
must neither join the King's Troops nor us, as you are between us
you must not let them come past your Nation to us, nor do V\-e want
to march thro' your Towns as it might surprize your women, chil-
dren and young men. This is our desire, and you our Red Brothers
and Friends see all our Talks are very white and good, altho' our
old trading path is shut u|> v\-e will Ikivc it ojxni again when the
dispute 'twixt tlie King and us is settled. We hope you'll give ear
to these Talks.

The Chawokly Warrior tlien said —

"I have heard your Talks and they are good, now I am going to
speak to you — I have been one day considering on the matter, it is
our way when we go in publick Com; any to give over mourning.
Now I say if you intend the path 'twixt this and our Nation should
be white, you must give sati faction for my relation, whom soine of
your People have killed, or blood will be spill'd ; I tell you so now,
but if vou give satisfaction it will be straight as formerlv."

Galphin then told him he should liave satisfaction and desired
two of his people should stay to see tli;' white man killed.

A Talk iVom the Rebel Connnissioners to tlie Creeks.

8ai.isi!uj;y in North C'Aitoi.i.vA, 13"' Nov", 1773.

Friends and ]>i;uiiieks,

^^'e \nci here in consequence of our being cliosen by the Provinces
in America from Ivist Florida to Canada as Comnii.ssioners to super-
intend Indian All'airs for the Southern District, and as we have

COLONIAL RECORDS. 331

taken a great fatigue and trouble upon ourselves in riding so fa*
and leaving our Houses and Plantations to serve you all and to
endeavour to keep you supplied with goods and ammunition as
formerly, We hope you will continue our stedfast friends and brothers
as you always have been. We have for the purpose of preserving
peace & friendship between you and us, determined to hold a Con-
gress at Augusta the first of i\Iay next, when and where we do
request the pleasure of seeing a few. of your beloved Headmen,
such as you may think proper to send down in order that they may
then send up a Talk from us to you.

From the Talks you have had from the Beloved Men in Georgia
and j\Ir Galphin you have been repeatedly told the nature of the
disputes between the father and his children. We hope it will soon
be over, & we desire you to have no concern in it. Further, as you
promised to ]\Ir Rae and Mr Holmes when they were in the Nation
that you would have no bad Talks, we beg you will punctually
continue in that determination. You know well that there are bad
people amongst us, as there are amongst you, and as we are chosen
by all the Beloved Men to act as your Friends and Brothers, we
accordingly do wish you may give credit to no other Talks but such
as you from time to time get from some of us and signed with some
of our names, by vrhicli means we shall always be able (we hope)
to keep the path open between us and you.

GEORGE GALPHIN
ROBERT RAE
JOHN WALKER
WILLIE .JONES
EDWARD WILKINSON.

[From MS. RECoaDS ix Office uf Secret.vey of State.

Proceedings of the Safety Committee at Wilmington.

Wednesday, November loth, 1775.

At an occasional meeting of the committee.

Present: John Ancrum, Chairman; Wm. Wilkinson, John
DuBois, Henry Toomer, John Forster, Wm. Ewius, James Geekie,
John Kirkwood, Charles Jewkes.

Mr Timothy Bloodworth came in with a mes-sage from the County
Committees, desiring that both the committees should be united;

332 COLONIAL RECORDS.

and that this committee send a member to the next meeting of the
County Committee, to signifj' the opinion of this committee relative
to ilieir uniting.

Resolved, That it i^ the ojiinion of tiiis committee, that for the
good order and safety of tlie county and town, a union should be
effected between the two committees: Ordered, That all the mem-
bers of this committee, attend at the next meeting of the County
Committee, to acquaint tliem with tlie ojiinion of this committee.

Ordered, That notice be given to the white male inhabitants to
meet on Monday next, at 10 o'clock, in the forenoon, at the Court
House, to form themselves into companies of Mili4:ia, agreeable to a
Resolve of the Congress lately held at Hillsborough; and that it be
recommended to the inhabitants to have the officers chosen to each
respective company on the same day.

Thursdaj', IGth, 1775.

Whereas this committee inadvertently nominated John DuBois
and John Kirkwood as members of this committee, in the room of
Samuel Campbell and Andrew Ronaldson, who' declined serving in
committee, instead of giving notice to the Freeholders to choose
other persons in their place: Resolved, that the said nomination be
void, and that the Order relative thereto be rescinded; and as many
members have since declined serving. Ordered, that the Secretary
issue notice thereof to the Freeholders, summoning them to meet at
the Court House, to-morrow morning, at 10 o'clock, to appoint others
in the place of those who declined.

[From MS. Records in Office of Si-cret.^ry of State.]

Letter from Samuel Johnston to Governor Martin.

Boston Nov' 1G'\ 1775.

SiK,

I have this day had the honour of receiving your Excellency's
Letter signifying that you had been pleased to suspend me from
acting as Deputy to M' Turner in the Naval Office, with the reasons
for such removal, and it gi-ves me pleasure that I do not find neg-
lect of the duties of my Office in the Catalogue of my Crimes.

COLONIAL RECOKDS. 333

At the same time that I hold myself obliged to j'our Excellency
for the polite manner iu which you are i)leased to express yourself
of my private Character, you ■will pardon me for saying that I
think I have reason to complain of the invidious point of view in
which you place my publick Transactions, wlien you consider tlie
late meeting of the Delegates or Deputies of the Lihabitants of this
province at Hillsborough, « Body of )ny oirn Creadon, your Excel-
lency cannot be ignorant that I was a mere instrument in this
Business under the direction of the people, a people among whom I
have long resided, who have on all occasions placed the greatest
Confidence in me, to whose favourable Opinion I owe everything I
possess and to whoyi I am bound by Gratitude (that most powerful
& inviolable tie on every honest mind) to render every service they
can demand of me, in defence of what they esteem their just rights,
at the risque of my Life & property.

You will further. Sir, be pleased to understand, that I never con-
sidered myself in the honorable light in which you place me, one of
tiie King's Servants; being entirely unknown to those who have the
clisj^osal of the King's favors, I never enjoyed nor had I a right to
expect, any Office under his Majesty; the Office which I have for
some years past executed under the Deputation of M' Turner was
an honest purchase for which I have punctually paid an annual
sum, which I shall continue to pay till the expiration of the Term
for which I should have held it agreeably to our Contract.

Permit me, Sii", to add that had all the King's Servants in this
Province been as well informed of the disposition of the Inhabitants
as they might have been and taken the same pains to promote &
preserve peace, good order & obedience to the Laws among them,
that I flatter myself I have done, the Source of your Excellency's
unnecessary Lamentations had not at this day existed, or had it existed
it would have been in so small a degree that e'er this it would have
been nearly exhausted; but. Sir, a Recapitulation of Errors which
it is now too late to correct would be painful to me and might
appear impertinent to your Elxcellency, I shall therefore decline the
ungratefull Task, and beg leave, with all due respect to subscribe
myself Sir

Your Excellency's

Most obedient humble servant

COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at ^Mlmi^g•ton.

Friday November 17'^ 1775.
Agreeable to the notice of yesterday the Freeholders met at the
Court House and elected Cornelius Harnett, Arch'' ]\Iaclaine, John
DuBois, John Dunbibin, John Kirkwood and Hereld Blackmore
to serve in Committee in place of James Walker, William Campbell,
Samuel Campbell, Andrew Ronaldson, John Quince and John
Robeson who declined servin<r.

[Reprinted froji American Archives. Vol. 4. Pace 50 ]

Proceedings of South Carolina rrovincial Congress in the matter of

Benjamin Boote and John Dunn.

November 17"', 177.').

Read a Letter from Messrs. Dunn ;ind Boote respecting their
maintenance, dated yesterday.

Resolved, That John Dunn and Benjamin Booth Boote, Esquires,
be allowed the sum of forty shillings currency each, for their daily
support and maintenance.

( )v(ki-ed. That Mr President do issue his Warrant on the Treasury
for the payment of the last montii's lodging and board of the said
Messrs. Dunn and ]>uote, amounting to one hundred and twelve
jjounds currency. And a Warrant wa,s issued accordingly.

[From MS. Records in Office of Secretary of .State.]

Proceedings of the Safety Committee at Wilmington.

Saturday Xovember IS"', 1775.

Present: John Ancrum, chairman; Cornelius Harnett, A. JMaclainc,
John Forstcr, \\'illiam Wilkinson, Henry Toomer, Charles Jewkes,
AMlliam Ewans, .James Gei.kie, Peter Mallutt.

Resolved, That no vessel whiitcvi'r shall load any cargo to anv
part of the world from this ],ort uiitirfurther ordei's from tliis Com-
mittee or some su]>crinr power.

(.'(JLONIAL KECUKDa.

I Reprinted from the American Archivcs. Vol 4. Paoh GO.

I'l'Dceedjiigs of South Carolina Provincial Congress applying ibi*

Troops irom North Carolina.

November 111"', 1775.

Orileretl, That Air. President be desired to instruct Colonel Kich-
ardson to apply to Colonel Thomas Polk of North Carolina, for the
assistance of the six Companies under his command to be in the
pay of this Colony, if he shall adjudge such assistance necessary.

Adjourned to nine o'clock to morrow morning.

[From M.S. Riic^'UDS in Office of Secretary of State.

Proceedings of tlie Safety Committee at Wilmington.

Monday, November 20th, 1775.

At an occasional meeting.

Present: John Ancrum, Chairman. Cornelius Harnett, Wm.
Wilkinson, Henry Toomer, V\'m. Ewins, .John DuBois, .lohn Fors-
ter, Jas. Geekie, Joiui Kirkwood, .John Dunbibin, Arch'd Maclaine.

On motion, Wm. Wilkinson chosen Deputy *'hairman, in [ilace of
James Walker, who declined serving in committee.

A Loiter was produced from l^icliard Quince, >Sr., of Brunswick,
informing that the committee of that town were of opinion that a
battery might be raised to" defend the town; and requested that the
Cannon be sent from hence for that purpose.

Ivosolved, That the. carriage guns be sent down, and delivered to
Col. James Moore.

On application from Air. Sam. Camjibell, for leave to send down
provisions to the CViuV Man of War, Resolved, That (as the Com-
mander of the Sloop hath tired a mnnber of times on the troops
under the command of < ol. Moore, without their giving any provo-
cation for such conduct) no provisions of any kind be sent down to
the Crviscr or any other Ship belonging to the Navy, till further
orders.

This Committee taking into consideration the danger with which
the inhabitants on Cape Fear River are threatened by the King's
Shi[)S now in the harbor; and the open and avowed contempt and

330 COLONIAL RECORDS.

X

violation of justice, in the conduct of Governor Martin, who, with
the assistance of said Ships is endeavoring to carry off the artillery,
the- property of this Province, and the gift of his late ALijesty of
blessed memory, for our protection from foreign invasions, have

Resolved, Tliat Messrs. John Forster, William Wilkin.son and '
•John Slingsljy, or any one of them be impowered to procure neces-
sary vessels, boats and chains to sink in such part of the channel as .
they or any of them may think proper; To agree for the purchase
of such boats and other materials as may be wanted, and have them
valued, that tlie owners may be reimbursed by the public. And it
is further ordered that the said John Forster, &c., do consult the
committee of Brunswick on this measure and request their concur-
rence.

Ordered, That the Committee of Litelligence write to Col. Howe,
and the connnittee of Newbern, inform them of the dangerous situ-
ation of the inhabitants of Cape Fear, and request an immediate
supply of gunpowder, to be sent by wagons or carts over land.

[Reprinted from American Archives. Vol. 4. P. 03.]

Proceedings of South Carolina Provincial Congress.

In Congress Wednesday, November 22d, 1775.
Read a Letter from the Committee of Rowan County, North Car-
olina, dated October 23d, J 775, recommending that no trade or inter-
course be carried on with persons who cannot produce certificates of
their being friends to the American cause.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Friday, November 24'" 1775.

At an occasional meeting of the Committee.

Present: John Ancrum, chairman; Cornelius Harnett, IT. Toomer,
John Kirkwood, James Geekie, Arch'' Maclaine, Charles Jewkes,
W"" Ewins, John DuBois.

COLONIA]. RECORDS. 337

Ordered, That the Committee of Intelligence write to the Chair-
man of the Countj^ Committee requesting him to procure all the
fire arms he possibly can for the use of Provincial Regulators; as
by information from Col. Moore it is imagined that the Men of War
now at Fort Johnston have an intention to attempt burning Bruns-
wick and afterwards proceed to this town.

Ordered that the Committee of Intelligence write to the Commit-
tee of Safety for the District of Salisbury informing them of the
danger the inhabitants of Cape Fear are in, from the Ships of War
now in i^je harbor and requesting them if they can do it with
safety to themselves to order down the troops stationed in that part
of the colony armed as complete!}' as jiossible.

Ordered That the Resolve of this Committee forbidding vessels to
load in this Port be delivered to Captain Batchelor and that he be
informed if he perseveres in loading his vessell he will be treated
as an enemy of American Liberty

Ordered, that Messrs. Samuel A die, Frederick Jones, Robert
Shawe, Benjamin Stone, William Lord, William Hill, Richard
Quince, Junior, Richard Bradley, William Purviance, and John
Smith, be requested to attend in this town on the 29th da^^ of
November, instant, in order to value the houses, buildings, and
other improvements therein, that may be liable to be destroyed, and
that they or any three of them, do value the same upon oath, and
make a return thereof to this committee under their hands.

Ordered, that this committee purchase up what lead may be found
in this town, and that the same be run into balls of different sizes,
as soon as possible, and that Solomon Hewitt be employed in making
the same, as also cartridges; and that this committee also purchase
what Salt Petre and Brimstone may be had.

This Committee being informed that the above Solomon Hewitt
has in his possession two 2 pound pieces: Ordered, that he produce
the same to this committee, as soon as possible.

[From MS. Records ix office of Secretary of State.]

Proceedings of Safety Committee at Halifax.

Halifax — ss:

In Committee of Safety, Nov' 28"", 1775.

Ordered that Major Jethro Sumner raise what Minute Men & ^'ol-
unteers he can & follow Col° Long with the utmost Dispatch.
A Copy. By Order OROOND DAVIS, Clk.

VOL. X — 22

338 COLONIAL RECORDS.

[Reprinted from the American Archives. Vol. 3 P. 1933.]

Extracts from the Proceedings of the Continental Congress.

Friday, November 24"", 1775.

On motion made, Resolved, That a Committee of three be appointed,
to take into consideration the State of North Carolina, and report to
Congress, what in their opinion is necessary to be done for its safety
and security.

Tuesday November 28'", 1775.

The Congress then took into consideration the Report of the Com-
mittee on North Carolina, which being read, and debated by para-
graphs. Congress came to the following Resolutions:

Resolved, That the two Battalions which the Congress directed to
be raised in the Province of North Carolina be increased to the Con-
tinental Establishment, and kept in pay at the expense of the L'nited
Colonies for one year from this time, or until the further order of
Congress, as well for the purpose of defending the good people of
that Colony against the attacks of Ministerial oppression, as assist-
ing the adjacent Colonies.

That application be made to the Councils of Safety of the Province
of Pennsylvania and South Carolina, for so much Gun powder as
can be spai'ed for the immediate supply of North Carolina.

Resolved, That the Delegates of the Colony of North Carolina be
directed to purchase a number of Drums, Fifes and Colours, suita-
ble to the said Battalions, and that the President be directed to
draw on the Continental Treasurers for a sum not exceeding three
hundred dollars, for the payment thereof.

That tlie Convention or Committee of Safety of North Carolina
be desired to employ immediately all the Gunsmiths in that Colony
in the making of Muskets and Bayonets, of the size and in the man-
ner recommended by Congress the 4"' of this instant, November.

That two Ministers of the Gospel be applied to, to go immediately
amongst the Regulators and Highlanders in the Colony of North
Carolina, for the purpose of informing them of the nature of the
jn-e.sent dispute between Great Britain and the Colonies; that the
gentlemen to be employed be allowed each Ibrty Dollars per month
for tlieir services, and that the Delegates of the said Colony be
empowered to ajtply to and procure jici'sons proper fur this business.

COLONIAL RECORDS.

Tlwt it be recouiraeiuled to the Convention or Committee of Safety
of North Carolina in case the method of defending the said Colony
by minute-men be inadequate to the purpose, to substitute such
other mode as to them shall appear most likely to effect the security
of that Colony.

Wednesday Noveniber 29*, 1775.

The Committee to ■whom the Petition of Donnham Newton was
referred Iiave had the same under tlieir consideration and come to
the following Resolutions:

Resolved, That the said Donnham Newton sliould be permitted to
expoi't on board his vessel on the terms proposed in his petition
such Provisions of Flour and Pork as he shall think proper.

Resolved, That the said Donnham Newton should give bond with
two sufficient sureties in a penalty equal to double the value of the
cargo he shall have laden on board his vessel the condition of which
bond shall be that the said Donnham Newton shall on or before the
lo'* day of Februarj^ next import into the port of Neivbern in the
Colony of North Carolina and there deliver to the Commanding
Officer of the Continental Troops in that Colony good Muskets and
Bayonels or Gunpowder to the full amount of the proceeds of such
cargo; and that on giving such bond he shall receive from this Con-
gress a permit to be signed by the President allowing him to export
said cargo.

On motion made Resolved, That the executing the above business
and taking the bond from Donnham Newton be referred to the Com-
mittee who brought in the foregoing Report.

[REPiJI>"TED FROM THE AMERICAN ARCmVES. VOL 4. PAGE 75.]

Proceedings of South Carolina Provincial Congress in the matter of
Messrs. Boote and Dunn.

In Congress Wednesday November 29"", 1775.
Ordered, That Mv President be requested to transmit to the Coun-
cil of Safety at Salisbury in North Carolina a copy of the Petition
and Remonstrance of Messrs. Dunn and Boote, desiring to know
their pleasure therein.

340 COLONIAL RECORDS.

[Reprinted from a Lecture Delivered Before the New York Historical
Society in January, 1803, by Hon. Wm. A. Graham.]

About the same date [December, 1775] an expedition under
Colonels Martin Polk and Rutherford marched from the Western
j^art of the State against the Tories (called Scovilites, after tlie name
of a Royalist eniissar}') in the Northwestern section of South Caro-
lina; and in connection with the troops of that State under General
Richardson and Colonel Thompson, drove' the Tory Conimanders,
Cunningham and Fletcher from the siege of the \'illage of Ninety-
Six, and on their retreat surprised and defeated them, with the cap-
ture of four hundred of their followers. This is known in tradition
as the Snow Camji Campaign, from the violent snow storms with
which its camps were visited.

[Reprinted from Ramsay's History of the Rrvolution in South Carolina.

Pages 70 and 76.]

Major Williamson was reduced to the necessity of retreating into
a stockade fort in which he and his party were confined without any
water, till after three days by digging the}' obtained a scanty sup-
jjly. The royalists possessed themselves of the gaol of Ninety-Six
and from that station fired into the fort, but very little execution
was done. After some days the assailants hoisted a iiag and pro-
posed a truce. * * * Both parties once more dispersed and
retired to their homes. * * *

The Provincial Congress did not rest their cause on reasoning-
alone, but enforced their measures with an army sufficiently numer-
ous to intimidate o])position. They sent a large body of militia and
new raised regulars, under the command of Colonels Richardson
and Thomson. They were also joined by seven hundred militia of
North Carolina, commanded by Colonels Polk and Rutlierford, and
two hundred and twenty regulars commanded by Colonel Martin.
Li a little time, Congress had an army of several thousand men
under tlieir direction and iiistruclimi.s, "to ai)prt'hond the leaders of

COLONIAL RECORDS. 341

the party wliich had seized the powder, and to do all other things
necessary to suppress the present and prevent the future insurrec-
tions." Colonel Richardson proceeded in the execution of these
orders with great moderation and propriety. A demand was made
that the persons who had seized the powder should be delivered up
to the justice of their country. They easily carried every point,
seized the leaders of the Ro^'alists and dispersed their followers.

[Reprinted from the American Archives. Vol. 4. P. 78.]

Proceedings of the Virginia Convention at Williamsburgh in regard

to troops in North Carolina.

December 1"', 1775.

A letter from Colonel Woodford, of the Second Regiment, was
laid before tlie Convention, and read ; representing the situation of
the Tro 'ps under his command, and of those under Lord Dunmore;
that he had received an offer of assistance from the commanding
officer of the Troops stationed in North Carolina, not far distant,
which he had hitherto declined to call for, thinking the force he
had at present sufficient, but that he would take his measures as
circumstances should occur.

Resolved, That the President be required, in a Letter to Colonel
Woodford, to be sent bv express, to desire he will risk the success of
his arms as little as possible, and, if there is not a moral probability
of security with the Troops he hath, he will embrace the offer of
assistance from those of North Carolina, by sending immediately
for them.

Talk from the British Commiysioners to the Creek Nation.

Welcome Headmen & Warriors, Welcome to East Florida
all ])resent of the Creek Nation.

Friends .vnd Brothers :

That I now see you gives me great pleasure, tc shake hands with
you ; to smoak out of the same pipe & eat out of the same dish.

There is more Satisfaction in this meeting, because you are intro-
duced to me that I may always know you, by the Great King's
beloved Man, M' Stuart, the SupiM'intendent. His kindness &

U2 COLONIAL KECOUDS.

Friendship the Nation has very long experienced, his talk has been
always true talk. He never told you a lie ; he has many good old
Friends amongst you that he Esteems ; He has a strong affection
for the young generation that are rising up under them. I will imi-
tate Mr Stuart in these good qualities, in true talks & Love for the
Creek Nation.

When I left my Native Country, when I took leave of the great
King & the people of England, I was commanded to affirm to the
Creeks that the Great King George regarded their Nation with equal
tenderness as his own faithful white people, and as his real Chil-
dren ; That I was to show to tliem all marks of my Friendship, as
a testimony of his Majesty's Friendship) & as the favour & affection
of the people of England. Tliese commands I shall exactly observe
on all occasions. I now embrace you : I hold you fast by the hand
in the name of the Great King George & all the jieople of England,
as his dear Children and their beloved Brothers. Now that I behold
a part of the Creek Nation I am induced by my own feelings, by a
natural impulse of inclination to love them ?\\. The Rev'* Old
Men, the Spirited Countenances of the Warriors & the chearful,
lively faces of the young people fill me with affection that I seem
as one of the Nation.

The great King's subjects have settled in America as many years
ago as all the hairs on your beards at a vast Expence of Money, as
much in Comparison as the sands of the Sea Shore. They have
had a constant jjrofusion of all necessary supplies sent to them, as
much as all the F'eathers on all the birds, from the Great King it
his Royal ancestors & the people of England. These people of
America, descendants of the same Country, England, in whose
veins run the same blood, whose flesh & bone are from the same
fore Fathers ; they could not iiave lived without the kindness and
benefaction of the Great King, our Common Father, and the Englisli
Nation, who fouglit Victorious Battles for these very people in the
heart of the French & Spanish Kingdoms- — drove them out of
America purposely for the enjoyment of peace of the Great King's
Subjects in America, that they might live like brothers M-ith the
Red people in happiness & Peace.

AVhat is the grateful return made to the Great King & peo[)le of
England for these unexampled benefactions & Protection; for the
blood of Engli.shmen, .spilt in defence of these very people; for the
immense treasure spent for their happiness & Security? Let me tell

COLONIAL RECORDS. 343

you ; I will not deceive you ; I will not lie. The great King & jtco-
plc of England desire only the people of America to Establish peace
among themselves, to fix a regular & Orderly Govei'nment that the
good people ma^^ be protected; that the bad people may be punished.
They are desired to raise Mone^'- for their Own Use, their own honor
& dignity, to preserve their regular forms of CJovernment. The
Great King promises them to jtrotect them by his warriors both by
land & sea. But a part of these people in America have seperated
themselves froui the gi'eat King's good Subjects ; they are no
more Reckoned their Brothers; they are turned basely wicked
and unnatural, as if the Son should fall upon the Father &
beat him ct Rob him, & as if a bad Brother should forsake his
Own Brothers ct family Seeking to kill them: They are become
ungrateful; they ai-e turned thieves & Robbers; they are hateful &
Odious in the sight of all honest good Men; they throw away
the good advice & love of the great King; they insult the great
Kings Friends & all good jieople; they rob them & want to drive
them out of America ; they luive their Own private & secret very bad
Reasons for endeavouring to do so, which they are too wicked &
Cunning to let be known to you, because if they did let you know
their bad intentions, you wou'd take up the hatchet against them.
But I know all their wicked designs. Depend then on the Great
Kings favour & his friends who will give you timely Notice of
their wicked, secret intentions against you, & against the great
King & the people of England. If they had it in their power
they would kill & destroy all the Kings good people & altho they
pretend to Love & be friends to the red people they would kill &
destroy them afterwards. The great King by the means of his
power & his good people has prevented these bad people from falling
upon & killing his Red Children for several years; they are indeed
most wicked. They have robbed the Ships tliat were loaded with
necessaries & Ammunition for the red people in hopes that the
red people might think the great King had forsaken them : they
are jealous of the favours the great King has shown to the Red
people; they robb'd M' Stuart of all liis supplies at Charles Town
that came from the great King for the u.se of the Red people, &
did also the same at Savannah, They robbed me of a great
quantity of powder out of the Shin et took great quantities of the
strands & necessaries out of Ships coming to East Florida that
were all for the great Kings Red Children. Thev shou'd have .sent

344 COLONIAL RECORDS.

all -these stolen goods tj you; they robbed Carr, a Trader & one
of the red people that was going from S' Augustine with presents
from me of some things & some powder & Ball I sent to some of
the Head men & the Cussata King. Tliey took away the talks sent
by M' Stuart and they Opened them & read them. We have not
heard vrhat is become of the Talks. Believe me they are a most
Villainous people. If they now give you any necessaries they are
those which they have Stolen from the great King & his Friends. -
They may now give you these things, as they have stole them;
but in time to come they will not have it in their power to give
you anj' strands, Blankets, Ammunition, or other necessaries as tlie
great King has stopped sending them any for themselves. But the
great King & people of England will never alter in affection for
the red people but love them as the Mother the Child lugging the
Nipple. They will always supply the Great Kings Red Children
with what they want as the hand furnishes the Mouth with the
Nourishment it requires to support the body. Our red Brothers
shall be Cloathed in all Colours like the birds in the Air. The
great King is now sending Great Armies of his Land & Sea War-
riors like the Trees in the Woods, for tlie Guard and protection of
his good white subjects that have not joined with these bad unnatu-
ral Subjects & to punish the Rebellious white people who will go
on in their wickedness until these Armies Arrive, When they are
punished it will all then be peace. I entreat you Friends & Brothers
to beware of those bad people; they go about with false talks;
they have lies ready in their Mouths; they pretend to be able to
do great things; they make great promises wliich they cannot
perform. Such Men are a reproacli & disgrace to all mankind,
they are despised & hated by all good Men; they have great Art &
Cunning & will deceive you; if you listen to them they will pretend
they arc great Men ^ have power; when they are not, but the
worst of the people. Therefore my Friends & my Brothers give
then\ no Credit, lean not your Ears towards tliem, nor Ijelieve any
talks but those which come from the gi'eat Kings Governors & his
beloved Men & those Men which are employed by the beloved Man
M' Stuart. Once more let mo declare to you that the great King &
the peojile of England hold all tlie Red people fast by the hand
as the head of a Man holds fast to the body; they will never let it
go; they will never forsake you, more tlian the head can forsake
the body & botli live. As a testimony of tlie great Kings favour

COLONIAL RECORDS. 345

& the affection of the people of England some presents are now to
be distributed amongst you by the beloved j\Iau M'' Stuart his
Majestys Superintendant — Consider me then as the great Kings
Representative in this Land. If the Red people have Enemies
they shall also be my Enemies; if thej- have friends, they shall
be my friends, those people who wou'd deceive them I shall set
my face against. I will always love the Red 2:)eople as brothers
born of the san:ie Mother; that sucked the Milk of the same breast,
laughing <& smiling on the Mothers Countenance. I will join with
them against all their Enemies, & the great King's Enemies; and
my last Breath shall say Oh! save all the Great Kings Friends.

PATRICK TOXYX.

[From MS. Records is Office of Secret.\ry of State.]

Proceedings of the Committee of Safety at Wilmington,

Thursday, December 7, 1775.

At an occasional meeting of this Committee.

Present: John Ancrum, chairman, AYilliam Wilkinson, deputy
chairman; Charles Jewkes, .John DuBois, Will. Ewins, John Slingsby,
James Geekie, John Kirkwood, Jona. Dunbibin, Archibald Maclaine.

On application from William Gibbs, for leave to charter a vessel
in this .River, to load with naval stores, that he has at Cape Lookout
and Bogue, and intends to bring round here, if allovred by this com-
mittee, he having already obtained permission from the Committee
of Safety for the District of Xew Bern, to ship a quantity of Naval
Stores that he had cast away on the 2d September last. It is the
opinion of this committee, that should Mr Gibbs charter Capt.
Bachelor's vessel, (or any other vessel) to load with Naval Stores,
that the vessel shall not take said cargo on board in this river.

Ordered, that Messrs. Henry Young, Geo. Hooper, William Whit-
field, Philip Jones, David Girdwood, and Richard Rundle, be
requested to join the gentlemen formerly chosen to value the houses,
&c., in town, and that they be desired to meet for that purpose on
Tuesdav, the 12th inst.

Uir COLONIAL RECORDS.

[REPRINTiiD FROM THE AlIERICAN ARCHIVES. VOL. 4. P. 84.]

Proceedings of Virginia Convention at Williamsburgh in the matter
of certain Scotcli immigrants en rorife for North Carolina.

Thur.sday December 14, 1775.

The President h\id before the Committee a letter from Colonel
Woodford enclosing a Petition from the poor Inhabitants of the
Town of Norfolk requesting his protection; also a Petition for sun-
dry distressed Higldandcrs latelj' removed irom Scotland, praying
that tliey might be permitted to go to Cape Fear in Xoiili Carolina^
tlie place wliere they intended to settle, together with sundry other
papers which were read.

Resolved Tliat tlie President be desired to write to Colonel Wood-
ford directing * * * that lie take the distressed Hk/hlauders
with their families under his protection, permit them to pass by
land unmolested to Girolina and supply them with such provi.sions
as they may be in immediate want of. The President also laid
before the Convention a Letter from Colonel Howe of North (_'aro-
lina informing him that he had joined Colonel Woodford with the
troops under his command and should be happy to afford him his
best assistance.

Rcmleed That tlie President be desired to write to Colonel Howe
acknowledging the receipt of his obliging Letter and thanking liim
for his good intentions toward the Colon v.

I Fk(jm JLS. Rec'c-irds in Office of Secretary of State.!

Proceedings of the Safety Committee in Pitt County.

MAirriNr-oiiouGii December IG"' 177").

The Committee met.

Whereas the Committee of this County on the 17"' day of .July
last made a contract with Capt. Panic White iov the Import;ition of
Powder and Lead, which contract has been comjJicd with on the
part of said Capt. Paule A\diite, who hath laid his account belbre this
Committee, wherein it appears tliat the vessel was seized on account
of the jiowder, &c., but has delivered the powder and Lead itc.

COLONIAL RECORDS.

347

The Sloop TempcrancC'whieh was seized on account of powder &
Lead sent to the AVest Indies as ^ agreement with the Committee,

To 717 ibs. of powder @ 5= £179 5 0

To 1,782 ft)s. of Lead («; 63= 56 2 6

To 8 casks for the Lead (5 2' 1 6 0

To 2 hogsheads for the powder (nl." 1 2 0

£237 5 1

75 pr. ct. advance f? agreement 177 19 2

£450 0 0

£415 4 -8

£8(J5 4 8

The above account was Rendered by Capt. Paule White which is
allowed.

Ordered that the president of this Committee transmitt a copy of
the above accounts, and the agreements (with Capt. "White Relitira
[relating] thereto) to the provincial Council of this province for
their ajiprobation.

Ordered, That leave is given to overseers of Roads to warrant all
people not complj'ing with their Duty.

On motion John Bowers complained to tin's Coinmiltce, and made
it appear that John Brady is indebted to him by note of hand three
pounds two shillings proc. money, with [ ] that the said

John Brady hath removed himself out of this county and it being
made known to this Committee that Mr James Brady and Willi\im
Brady are Indebted unto Jolm Brady a sum sufKcient to discharge
the above note, recommended that James and W" Brady discharge
the above debt.

Recommended that all merchants and traders will not sell salt
above five shill' a bushel in this County unless any person or per-
sons send their vessel hereafter in Ballast with Cash in order to
Import that article, who will be Encouraged with a generous price.

The Committee being Informed that Capt. White hath a Quantity
of powder ordered that Col" Robt. Salter & Arthur Forbes wait on
said Capt. White and secure the same for the u.se of the Publick.

JOHN SIMPSON, Chair.

348 COLONIAL RECORDS.

[B. P. R. O. Am. & \V. IxD.: Xo. Carolina. Xo. 280.]

Letter from M'' Stuart to the Earl of Dartmouth.

S.uxT AuGUSTiXE, 17'" Dec*"", 1775.
My Lokd,

•X- * * * * « ■?:-

I found no argument prevail so much \vith the Indians as telling
them that whilst the present Disturbances continued they could not
expect to be supplied with ammunition and other necessaries from
Carolina and Georgia and that it would be their own Interest to
join His Majesty's faithfull subjects in restoring Government and
good order. I humbly submit to your Lordship's superior Judgment
the proi:)riety of stoppicg all supplies of ammunition and Indian
Goods to the above mentioned provinces for the present.

* * * * -K- * *

Sir James AV right in a late letter informs me that the Continen-
tal Congress has appointed Mess" George Galphin, Edw* Wilkinson
and M' Rea of Augu.sta all three Traders to superintend Indian
Affairs in the Southern District and that they were gone to Salisbury
to meet the Commissioners of the Northern District to consult upon
the measures to be pursued.

I have the honour, &c.,

JOHN STUART.

[From MS. Records ix Office of Secretary of State.]

Proceedings of tlie Safety Committee at "Wilmington.

Tuesday December 19"', 1775.

Present: John Ancrum, Chairman; Wil. Wilkinson, Deputy
Chairman ; Arch'' ]\Iaclaine, John Forster, James Geekie, John Kirk-
wood, William Ewins, John Dunbibin.

Ordered that Ralph Millar be immediately supplied with 25 fcs
of Salt Petrc 7 ibs Brimstone and a large Mortar and Pestle to ena-
ble him to make Gunpowder which he is to produce to the Commit-
tee and tliat he be also supplied with 20 yds of Osnaburg and two
two small weights ; that F. Price shall jirocure the above articles
and have them sent up to John Nichols' Landing in Bladen for
said Millar.

COLONIAL RECORDS. 349

[From MS. Records in Office of Secretary of State.]

THE JOURNAL OF THE PROCEEDINGS OF THE RRO-
YIXCIAL COUNCIL OF NORTH CAROLINA, HELD AT
THE COURT-HOUSE IN JOHNSTON COUNTY ON THE
EIGHTEENTH OF DECEMBER, ANNO DOM. 1775.

North Carolina.

At a Provincial Council held at the Courthouse of Johnston the
eighteenth clay of December in the year of our Lord one thousand
seven liundred and seventy-five,

The honorable the President and ten members appeared and look
their seats in Council, to-wit :

Samuel Johnston, Thomas Jones, Samuel Ashe, Jas. Coor, Thomas
Eaton, Abuer Nasli, John Kinchen, Whitmill Llill, Waightstill
Avery'; and Thomas Person, Esquires.

The Council adjourned till tomorrow morning 9 "Clock.

Tuesdav 19" December 1

t lO.

The Council met according to adjournment.

Samuel Spencer, Esq., one of the members of Council, appeared,
repeated and subscribed the Test and took his seat.

The Sheriff of Halifax County brought before tliis Council a cer-
tain Walter Lamlj with several affidavits accusing him with sundry
misdemeanors.

And whereas this Gouncil thinking it jiroper that tlie witnesses
should personally api)ear against the said Lamb do tlierefore Order
that Mr Branch the aforesaid Sheriff take into his Custody the said
Lamb, unless he shall give sufficient security to appear before the
said Committee of Safetj' for the district of Halifax by them to be
tried, acquited or punished as they shall think necessary.

The Sheriff of Halifax County brought before this Council a cer-
tain George Massingbird with an Affidavit accusing him of having
made use of some words disrespectful to the Cause of America.

And whereas this Council thinking it proper tliat the witnesses
should personally appear against the said George Massingbird, and
he appearing to be truly .sen.sible of his past ill Conduct, and having
taken an Oatli satisfactory to the Council do therefore. Order tliat
the said George Massingbird be discharged from Custody.

350 COLONIAL LEOOKDS.

The Council being informed, That Roger Ormond, Esquire, one of
the ]\Iembei's of the Comniittte of Safety for the district of New
Berne is dead,

It is therefore Resolved, Thai John Simpson Esquire, of the
Countj' of Pitt be, and is hereby appointed a member of the said
Committee for the district aforesaid ; in the room of the said Roger
Ormond, and that he the said John tSimjison be admitted to take his
seat accordingly.

Tiie Council Adjourned till Tomorrow Morning 9 "Clock.

Wednesday •Ji)'" December 1773.

The Council met according to Adjournment.

Resolved, That the payma.ster of Hillsborough district iiay unto
Messrs. Natlianiel Rochester and William Johnston seventy pounds
seven shillings and four pence proclamation money for one hundred
and fifty jiounds of gun powder, four hundred and seventy six
pounds (if Bar lead and one tiiousand (Jun flints jiurchssed by
them pursuant to a Resolve df the Committee of Orange County,
and that the .>^aid Ammunition be lodged in the hands of William
Johnston and that the said j)aymaster take his Recei})t for the same
to lie j)roduced whenever <leniande(l Ijy the public.

Resolved, That Lehansyn Dek ysei- Adjutant in the first Regi-
ment of Regulars, raised in this province under the Command of
Col" James Moore be allowed Adjutants pay from the fifteenth day
ofSej)tember last inclusive, he having performed duty from that
day.

It appearing to this Council That the Measures concerted for the
defence of American Liberty liave been connr unicated to the preju-
dice of tlie ])ul)lic,

Reso'vt.Ml, That it lie reconnneiided U) the Committees of Wilming-
tiiii and I5runswiek and to the commanding OtHcer of ihe detach-
ment stationed on Ca|>e Fear river to u.se their utmost endeavours
to cut olf all manner of pei'sonal Commmiication Ijetween Mis
I%xc(.dlency (iovernor Martin and the Oliicers of the Shijis nf A\'ar
with the Inhabitants of this Province on any jirete.xt whatever ; and
tl]at tlie utmost caution be used in supplying the lSiii|is of War with
the Provisions that they may be conveyed in such njanner as to
pre\'en( any intelligence from being disclosed by the persons con-
vcN'inij tlic said I'rovisions.

COLONIAL KECORDa. 351

I'rovided, That nothing in the above Resolve shall be construed
to prevent any person corresponding by letter with Governor Martin
or the Ships of War, such letters being first laid before the Commit-
tees of the said Tovrns, or either of them, or the Commanding Officer
aforesaid and approved of by them.

Provided, nevertheless, That the Committee of Safety for the dis-
trict of Wilmington should they think it necessary, are hereb}''
imjiowered to cut off all supplies of Provisions to any of tlie Ships
of War lying in Cape Fear river.

Resolved, That the Treasurers or either of them pay into the
Hands of William Kennon Esquire, Commissary to the first Regi-
ment of regular Troo[)s in this Province the sum of two thousand
jiounds, for purchasing provisions for the use of said Troops, to be
accounted for with the Provincial Congress, and that they be allowed
in their Accounts with the public.

Resolved, That Mr. President write in the name of this Board to
the Council of Safety of South Carolina, requesting them to supply
this Province with two thousand weight of gun powder, to be deliv-
ered to Waiglitstill Avery Esquu-e or his Order who is hereby ap-
pointed to wait upon them or impov>'er some other person for that
purpose to receive the same, and that this Board will pay for all
powiler delivered to the said Waightstill Avery in consoc[uence
of tliis Order and that the Treasurers, or either of them be ordered
to give a dr.iught on the Continental Treasury for the amount.

Resolved, That Matthew Troy be appointed to employ pro[)er [>er-
sons to make Carriages for and mount four of the Cannon now at
New Bern and remove them to Salisbury for the defense of this
Province, to be accounted for. And that the Treasurers or either of
them [lay into the liands of tlie said Matthew Troy the sum of forty
pounds for the above service and be allowed in their accoun.ts with
the public.

Resolved, That the Treasurers or either of them pay into the
hanils of Abner Nash and -James Coor Esquires, one hundred
pounds to be api)ropriated by them towards compleating the fortifica-
tions now erecting at Hanging Point on Neuse River, and be allowed
ill their Accounts with the public.

Resolved, That tlie Treasurers or either of them jmy intu tlie
hands of Samuel Ashe Esquire, one hundred pounds to be appro*
priated by him towards com^ leafing the Fortifications now erecting

352 COLONIAL RECORDS.

at Du Boises Mill on Cape Fear river, and be allowed in their
Accounts with the public.

The Council Adjourned 'till Tomorrow jNIorning 9 "Clock.

Thursday, 21" December.
The Council met according to adjournment.

To Either of the PruLic Theasureks:

You are to pay unto James Davis, printer, two hundred and fifty
pounds proclamation money, being for one year's salary due to him
the first day of this Instant, as public printer to this province, accord-
ing to Act of Assembly for that purpose, for which. This shall be
your Warrant.

Resolved, That Robert Smith Esc|uire be appointed payma.ster of
the Troops stationed in the district of Edenton, as also to the Minute
men in the said district, in the room of Samuel Johnston, who
resigns, he first entering into Bond to this Council with sufficient
security in the sum of ten thousand pounds proclamation money.

This Council taking into consideration the necessity of fitting out
Armed Vessels for the protection of the Trade of this Pro\'ince, that
there be three Armed Vessels fitted out with all dispatch, to wit,
one at Cape Fear, one at New Bern and one at Edenton, do Resolve,
That. Mr President, Samuel Ashe, Richard Quince, Robert Ellis
Esquires, and Captain John Forster, or any three of them, are
appointed Commissioners at Port Brunswick ; Abner Nash, James
Coor, Joseph Leech, James Davis, Richard Ellis, Esquires, and
Messrs. John Green, David Baron and John \\'right Stanley, or a
Majority of them, are appointed Commissioners at Port Beaufort,
and Samuel Johnston, Tiiomas Jones, Joseph Montfort, Robert
Hardy, Robert Smith Esquires, and Mr John Norcomb, or a Majority
of them, are appointed Commissioners at Port Roanoke, and that
the said Commissioners do innnediately purchase, arm, man and
victual in a sufficient manner at each of tlie above mentioned
Ports one good and substantial Vessel, and to reconunend projier
Officers to tliis Council and to .station them at such place or places
as they may think proper, prudent and necessary in order to protect
the Trade and Commerce of this Province, the whole under the con-
'troul of tlie provincial Congress and Council.

COLONIAL RECORDS. . 353

Resolved, That Abner Nash and James Coor Esquires, or either
of them be impowered to charter one or more Vessels and agree
with ^Masters and Seamen at the Port of New Bern, and load the
same to such parts as thc\" may judge expedient, and with such
Articles as they may think proper, not exceeding the sum of five
hundred pounds proclamation money, in Order to procure Arms and
Ammunition for the use and protection of this Province, the same
to be at the hazard, risk and expence of this Province.

Resolved, That Mr President, Richard Quince, Sen", and .John
Forster, Esquires, or either of them, be impowered to charter one or
more ^"essels, and agree with Masters and Seamen at tlie Port of
AA'iimington and load the same to such parts as they sliall judge
expedient and with such articles as they may think proper not
exceeding the sum of five hundred pounds in order to procure
Arms and Ammunition for the use and protect'on of this province
the same to be at tire hazard, risk and expence of this Province.

Resolved, That Whitmill Hill, Esquire, be impowered to charter
one or more Vessels and agree with Masters and seamen at tlie port
of Edenton and load the same to su'^h parts as he shall judge expe-
dient and with such articles as he may think proper not exceeding
the sum of five hundred pounds proclamation money in order to
procure Arms and Ammunition for the use and jirotection of tins
Province the same to be at the hazard, rislv and expence of this
Province.

Resolved, Tliat -James Geekie be appointed Surgeon of tlie first
Regiment of tlie Continental Army of tliis Province in the room of
Dr. Isaac Guion who neglects his dut}'.

Resolved, That Richard Caswell Esquire, of the Southern district,
pay into the hands of Abner Nash and .James Coor Esquires or
either of them, the sum of five liundred pounds for purchasing
Arms and Ammunition to be accounted for at the next Provincial
Congress, and that the said Treasurer be allowed in his Accounts
with the Public.

Resolved, That Samuel .Johnston Esquire, Treasurer of the North-
ern district pay inti the hands of Whitmill Hill Esquire the sum
of five hundred pounds for purchasing Arms and Ammunition to
be accounted for at the next Provincial Congress, and that the said
Treasurer be allowed in his accounts with the public.

Resolved, That the Treasurers or either of them pay into the
hands of Mr President and Richard Quince Sen'' and .John Forster
VOL. X — 23

354 . COLONIAL RECORDS.

Esquires or either of them the sum of five hundred pounds for pur-
chasing Arms and Ammunition to be accounted for at the next
Provincial Congress and that the said Treasurers be allowed in their
Accounts with the Public.

Resolved, That the Treasurers or either of them pay to Doctor
\Mlliam Pasteur the sum of Seventy-five pounds for Medicines fur-
nished the second Regiment of Continental Troops in this Province
and that the said William Pasteur account with the next provincial
Congress for the said sum and that they be allowed in their Accounts
Avith the Public.

It appearing to this Council that .John Simpson, Edward Salter
and Robert Salter Esquires in behalf of the Committee of Pitt
County, had agreed and executed Bonds with a certain Paul White
for a Quantity of powder and lead, and at the same time undertook
to indemnify the said Paul AVhite in his Vessel during the comple-
tion of the Voyage. And whereas the said Vessel on her Arrival at
Occacock Bar, was taken by a Cutter belonging to some of His
Majesty's Ships of "War and detained as a prize but the Ammunition
saved by taking out the same at Sea,

Resolved, That John Simpson, Edward Salter and Robert Salter
be allowed the sum of eight hundred and sixty pounds four shillings
and eight pence, to enable them to comply with their Contract with
the said Paul White ; and that the Treasurers or either of them pay
them the same and be allowed in their Accounts with the Public.

Resolved, That the next Provincial Council shall be held at the
Courtliouse in the C'ounty of Johnston the seventeenth day of iMarcli
next, but that the [iresident may call a Council sooner if he should
lind it necessary.

Whereas it appears this Province may soon be invaded by the
British Troops and the Inhabitants be destitute of sufficient arms for
defence of their lives liberties and properties.

It is therefore Resolved, That Mr Thomas Jones, Mr Whitmill
Hill and Mr Luke Sumner for Edenton, Mr Abner Nash, Mr James
Coor and Mr David Baron for New Bern, Mv John Kinchen, Mr
Jolui Butler and Mr Memucan Aunt for Hillsboro, Mr President, ^Ir
Sanuiel Ashe, Mr William Campbell and Mr James Kenan for ^^'il-
mington, INIr Samuel Spencer, Mr Waightstill Avery, Mr CJrifKth
Rutherford, Mr Christopher Beckman and Mr Raljih Gorrell for
Salisbury, Mr Willie Jones, Mr TJiomas Eaton, Mr ^\■iUiam Alston
(son of PhiliiO, l^L' Joseph John Williams, INIr Eaton Ilayiies and

COLONIAL RECORDS. 355

^Ir Duncan Lamon for the district of Halifax, or any of them, be
and they are hereby impowered and required to purchase materials
and em2iloy proper persons to make and mend Guns and Bayonets
and also to purchase good serviceable Guns, Gun Barrels, Stocks and
Locks, Lead and Flints and have them repaired for the use of this
province, for which purpose, tlie Treasurers or the paymasters or
•either of them are directed to furnish any of the above Persons with
money, out of the public Treasury as occasion may require ; Pro-
vided the Amount to be paid to the persons in either of the districts
does not exceed the sum of three hundred pounds, for which they
are respectively to Account with the next Provincial Congress.

Resolved, Tljat two Battalions of Minute Men, be immediately
embodied in the district of Salisbury in the same manner as directed
by the Congress and that the following persons shall be and are
hereby appointed Field Officers of said Battalions viz'

Of the first Battalion — Grifiith Rutherford, Colonel ; John Phifer,
Lieutenant Colonel ; John Paisley, Major.

Of the second Battalion — Thomas Polk, Colonel ; Adam xVlex-
ander, Lieut Colonel ; Charles Maclaine, Major.

And that the Commissions issue accordingly.

The petition of William Gibbs being read praying leave to ship a
Quantity of Naval Stores which suffered in the late hurricane, and
the same being taken under consideration was rejected it being incom-
patible with the Resolves of the Continental Congress.

Resolved, That William Hooper, Joseph Hewes and John Penn
Esquires, delegates for this Province at the Continental Congress in
Philadelijhia do purchase one waggon and four good horses in the
Province of Pennsylvania and hire a careful person to bring the
.same to Edenton in this Province with the Gun powder. Drums,
Colours and Fifes procured by them for the use of the Continental
Troops stationed in this Province, and that the said delegates are
imjiowered to call upon the Continental Treasurer for the amount
of the purchase of the waggon and horses and paying the person to
be employed by them to bring the same, to be cliarged to the
Account of this Province.

The Council adjourned till tomorrow morning 9 "Clock.

Friday 22'"' December 1775.

The Council met according to Adjournment.

It having been made appear to this Council, That the late Elec-

35G COLONIAL RECORDS.

tioiis for Delegates and Committee Men for the County of Onslow
were unduly made, and that the Committee so unduly Elected have
refused to subscribe the Test,

Resolved, That the said Elections be set aside, and that the Elec- ■
tion for delegates and Committee Men for the said County of Onslow
be held on the third Saturday in January next and that Thomas
Johnston Esquire give at least Twenty da.js notice of this Order
previous to the said Election and that he take the poll and make the
proper return.

Whereas the County of Surry have failed to elect delegates and
Committee Men on the day appointed by Congress for that purpose,

Resolved, That William Shei^jiard Esquire be commanded to
notify the Freeholders and house holders, to meet at the Court
House on the second Tuesday in February next, then and there to
Elect any number of Freeholders, or house holders, not more than
five, to represent them in the next Congress, and any number of
Freeholders or house holders, not less than twenty one, to serve as
Committee Men; it being in the OjDinion of this Council agreeable
to the intention of the last Congress.

Resolved, That the Treasurers or either of them pay to Adam
Boyd the sum of Twenty pounds for two hundred Pamphlets
delivered to the Congress at Hillsborough and be allowed in their
accounts with the public.

Resolved, That Mr. Jeremiah ]\?Caffety be allowed the sum of
seventy four pounds eight shillings and nine pence proclamation
money for two hundred and ninety seven pounds and three quarters'
of a pound of Gun powder taken and received by Colonel Thomas
Polk and Major John Phifer to bo accounted for by them at the next
Congress, and by them served out to the Trooj^s who lately marched
from the Western Counties of this Province against the Insurgents
near Ninety six in South Caroliiia and tliat the Treasurers or either
of them pay the same and be allowed in tlieir accounts with the
public.

Resolved, That James Mansfield be allowed the sum of five
pounds eleven shillings and six pence proclamation money for tak-
ing care of the sick Soldiers at ('a})e Fear and that the Treasurers
or either of them pay him the same and be allowed in their accounts
A\'itli the public.

Resolved, That the Treasurers or cither of tlicni pay into tlie
hands of Col° Henry Rhodes the sum of twenty one pounds nine

COLONIAL RECORDS. ' 357

shillings for Gun powder and lead purchased in Onslow County for
the use of the province; and that the said Henry Rhodes do deposit
the said powder and lead in some secure place until furtlier orders
from this Council or the Provincial Congress.

It appearing to this Council that James Kebble of Onslow Count j',
at present is inimical to the Cause of Liberty,

Resolved, That it is the Oiiinion of this Council that the said
Kebble is an improper person to hold any Commission in the
Militia of the said County.

Whereas, it Appears to this Council tliat from the natural situa-
tion of Pasquotank County, being divided by a very wide river,
that the calling of General jMusters at the Court House of that
County is burthensome and troublesome to the Inhabitants of the
same, and that a division of the Pasquotank Regiment would ease
the Inhabitants and encourage military discipline.

Therefore Resolved, That the Regiment of ^lilitia in the said
County of Pasquotank shall be divided by Pasquotank river, and
that all the INIilitia of said County on the Northern side t)f said liver,
shall be and is hereby made and» established a new and distinct
Regiment, and shall be known and distinguished by the name of
the second Regiment of Pasquotank Militia, and that Commissions
issue accordingly.

Resolved, That Colonel Henry Rhodes be and he is hereby
appointed to pay for and receive into his Custody all the powder in
the County of Onslow secured in the hands of Individuals for the
use of the public and keep the same till further Orders.

Resolved, That the dividing line between the first and second
Regiments of Rowan Militia shall hereafter be continued from the
mouth of lower Little river, a due North course to the line of the
County of Surr^^, it appearing to the Council to be more convenient
to the Inhabitants.

Resolved, That Richard Quince be allowed the sum of two hun-
dred and one pounds, three shillings and six pence Proclamation
money for four hundred and sixteen and one half of a pound of
Gunpowder, two thousand five hundred and thirty-one pounds of
Lead, and one hundred and ninety-three pounds of saltpetre for the
use of the public; and that the Treasurers or either of them pay
him the same and be allowed in their accounts with the Public.

Resolved, That William Hill be allowed the sum of Thirty-seven
pounds two shillings and eight pence proclamation money for fifty

358 COLONIAL RECORDS.

weight of CTunpowder, eight hundred and fourteen pounds of Buck-
shot for the use of the public, and delivered to Colonel Nash ; and
that the Treasurers or either of them pay him the same and be
allowed in their Accounts with the Public.

Resolved, That the Committee of AVihnington be allowed the sum ■
of eighty-three pounds fifteen shillings and ten pence proclamation
money for thirty-one Guns, stocking four Guns, repairing three Guns,
and twelve Gun Locks for the use of the first Regiment under the
command of Colonel Mo6re, and that the Treasurers or either of
them pajf him the same and be allowed in their Accounts with the
Public.

Resolved, That the Committee of Wilmington be allowed the
sum of one hundred and fifteen pounds three shillings and three
pence, for seven hundred and thirty three pounds and one half
pound of powder, and seventy three pounds of lead and ball, for
the use of the Public; and that the Treasurers or either of them
pay them the same and be allowed in their Accounts with the
Public.

Resolved, That the Committeg of Wilmington be allowed the
sum of seven pounds one shilling proclamation money, for two
Muskets, rejiairing one gun and two gun locks, for the first Regi-
ment on account of tlie Public and that tlie Treasurers or eitlier of
them pay the same and be allowed in their Accounts witli the
Public.

The Council adjourned till Tomorrow Morning 9 "Clock.

Saturday 23'''' December 1775.

The Council met according to Adjournment.

Resolved, That the Treasurers or either of them pay to Doctor
James Geekie the sum of Fifty pounds to enable him to purchase
Medicines for the use of the first Regiment of tlie Continental
Troops in this Province, and that tlie said James Geekie account
with the next Provincial Congress for the said sum, and tliat tliey
be allowed in their accounts with the Public.

Resolved, That each of the Public Treasurers be impowered to
draw on tlie Continental Treasury for any sum not exceeding Ten
thousantl dollars each towards defraying tlie cxpence of the Troops
on the Continental establishment in this Province.

Sundry Resolves of the Continental Congress respecting Regula-
tions and Arrangements of the two Battalions of tlie Continental

COLONIAL RECORDS. 359

Army raised in this Province Ijeing communicated to this Council
by the delegates of this Province in the said Congress,

Resolved,' That Copies of the said Resolves be delivered to the
Colonels of tlie respective Battalions, and tliat it be recommended
to them that they witli all convenient speed call General Court
Martials to form their respective Regiments agreeable to the said
Resolves.

And as the number of Captains agreeable to the said Resolutions
must necessarily be reduced. This Council will recommend it to the
Provincial Congress, that in case any of the said reduced Captains will
act as Lieutenants in the service, that an allowance be made them
out of the public Treasury of this province sufficient to malce their
pay equal to a Captain, and to retain their rank. And, as on the
said new arrangement there may be several vacancies of Ensigns,
this Council recommend it to the Court Martial to encourage proper
persons to fill such vacancies, to assist in recruiting their respective
Regiments, which services will be considered by this Council in
filling up the said vacancies in proportion to the number they shall
respectively recruit.

It is further recommended to the Commanding Officers of the said
Battalions, that they, as soon as may be, dispatch proper officers on
recruiting parties to the Western Counties of this Province, in order
that their full complement of Men may be compleated with all dis-
patch.

Resolved, That a sum not exceeding eighty pounds proclamation
money, be applied by Samuel Johnston Esquire, Treasurer of the
Northern district, for the purpose of erecting a breastwork in the
Town of Edenton, for the defence of the said Town ; and tliat the
said Treasurer be allowed the same on settling his Account with the
Public.

Resolved, That it be recommended to all Friends to American
Freedom to purchase all the powder, saltpetre and sulphur in their
power for the use of the public, and lodge the same with the several
ToAvn and County Committees, in this Province and that the said
Committees appoint a proper person in each Town and County to
take care of tlie above mentioned Articles and taking Receipts for
the same, and to be paid for by the public, and tliat a sum not
exceeding half a dollar be given for saltpetre.

The Council adjourned till tomorrow morning 9 "Clock.

360 COLONIAL RECORDS.

DecemVjer 24"^, 1775.

The Council met according to Adjournment.

Resolved, That the paymaster be directed to furnish a sum not
exceeding sixty pounds to the Captain of each Company to be by
him paid to such persons as may be sent out on recruiting parties, as
advance money for the new recruits at forty shillings a man.

Whereas Governor Martin hath distributed great numbers of Tor}'
Pamphlets in the Western parts of this Province where the people
are not well informed,

Resolved, That the Continental delegates from this Province be
immediately informed thereof and desired to secure the best pam-
phlets that can be had for the true information of the people to
Counteract and frustrate the wicked and diabolical stratagems of
Governor Martin and other Tools of a corrupt ]\Iinistry.

Resolved, That one-fourth part of the powder and lead lodged in
the hands of* Mr William .Johnston of Hillsborough bj' resolve of
this Council be delivered to Mv Thomas Person in order for the use
of the Public, and that the said Johnston talve his receipt for the
same.

Resolved, That the Commanding Officer of the first Regiment
send an Officer with Twenty-five privates to George Town as an
escort to. protect the Ammunition to be purchased, by a resolve of
this Council, for conveying the same from thence to Cape Fear.

Resolved, That tlie Paymasters in the several districts where the
Continental Troops are stationed do immediately purchase cloth
and have the same made up into Cloaths, to wit, Coats, Waistcots
and Breeches for such of tlie men in the two Battalions of Conti-
nental Troops not already provided witli Cloathing, and that tlie
Amount thereof be discounted out of each man's pay at the rate of
ten shillings per month.

Resolved, That the sum of two thousand pounds l^e paid into the
Hands of Samuel Ashe Esquire, paymaster of the Troops stationed
at Cape Fear, by tlie Southern Treasurer, for the purpose of ]nir-
chasing Cloaths cfec" for said Troops, and that he account for the
same to t;lie next Congress; and bo allowed in his- Accounts witli the
Public.

Resolved, That the sum of one thousand pounds be jiaid into the
Hands of Robert Smith Esquire, paymaster of the Troops stationed
at Edeiiton, by the Northern Treasurer, for the purpose of pur-
chasing Cloth Ac" for said Troops, and tliat he account for the

COLONIAL RECORDS. • 361

same to Ihe next Congress, and be allowed in his acconnts with the
Public.

Resolved, That the sum of one thousaml pounds be paid into the
hands of Richard Caswell Esquire, paymaster of the Troops stationed
at New Bern, by the Southern Treasurer, for the purpose of pur-
chasing Cloaths &c* for said Troops, and that he account for the
same to Congress at its next meeting, And he be allowed in his
Accounts with the Public.

Resolved, That the Northern Treasurer pay into the hands of
jNIatthew Locke, paymaster of the Regulars and Minute INIen, in the
District of Salisbury, the further sum of two thousand pounds, to
enable him to pay off and clothe the Continental Troops, and pay
the Minute INIen, to be accounted for at the Congress ; and he be
allowed in his Accounts with the Public.

Resolved, That j\Iatthew Locke, paymaster of Salisbury district,
be directed to purchase all the ammunition he can procure, and for
"all sums advanced in this service he shall be allowed" in his settle-
ment with the Public.

Resolved, That the Paymasters of the Continental Troops stationed
in this i^rovince do immediatel}^ procure Cartridge Boxes, and
HaA^ersacks, for the use of such of the Troops as are not already
sujiplied with them; and that the paymasters be allowed for the
same in the settlement of their respective Accounts with the Public.

The Continental Congress having recommended to this Council
additional rations for the Troops stationed in this Province, viz' :
Three pints of peas or beans per week, or vegetables equivalent,
rating the peas or beans at a dollar per Bushel ; One pint of milk
per day, or at the rate of iV of a dollar per pint; half a pint of rice
or one pint of Indian Meal per man per week; one cjuart of spruce
beer or cyder per man or nine gallons of Molasses per Company of
one hundred men per week ; three pounds of candles to one hundred
men per week for Guards; twenty four pounds soft, or eight pounds
of hard soap for one hundred men per week.

The Council having taken the same into Consideration, Resolve,
That the several Commissaries to the Continental Troops do supply
them with the above mentioned rations, and that they respectively
be allowed for each man so to be supplied, per day, the additional
sum of two pence, and that the said Commissaries be allowed for
the same in the settlement of their respective Accounts with the
Public.

362 COLONIAL RECORDS.

Resolved, That the Treasurers or either of them pay to William
Chew the sum of Fort}- pounds and eight pence proclamation monej'
for conveying a packet from the Continental Congress to this Board,
and carrying back answers to the same, and be allowed in their
Accounts with the Public.

Resolved, That the several Members of the Committee of Safety
for the district of Salisbury be required to meet on the first Tues-
day in February next for the dispatch of Public Business.

Resolved, That the Northern-Treasurer or tlie paymaster of Salis-
bury district pay Mr "Waightstill Avery the sum of twenty five
pounds towards defraying his Expences to South Carolina on the
Business of this Province.

Resolved, That in Case any of the Continental Troops should
be stationed in either of tlie Towns in this Province, The Committee
of such Town is hereby impowered and required to provide for
them suitaljle Barracks during their stay in such Town and report
to the next Congress the time such Barracks shall have been occu-
pied, that the members thereof may make such allowance as they
shall judge necessary.

Resolved, That it be recommended to the several Town and
County Committees in thi^ Province immediately to furnish the
Captains of each JMinute and Militia Company in their respective
Counties with Copies of the Test signed and recommended by the
late Provincial Congress, and present the same to the Men under
their Command for their Approbation and also to return a list of all
those who neglect or refuse signing the same to the said Committee
to be by them transmitted to the Provincial Council at their next
meeting.

Resolved, That it is the Opinion of this Council, that no person
or persons shall be iatitled to any benefit or relief against any
Debtor, as directed Ijy the Provincial Congress, unless such iierson
or persons so ai)]3lying shall at least ten days jirevious to such ajipli-
cation have subscribed the Continental Association, and the Test as
signed and recommended by the late Pi'ovincial Congress held at
Hillsborough. ' CORN= HARNETT, President.

By Order J.\s. Gukex -Jun-- Clerk.

COLONIAL RECORDS. 363

[Feoji MS. Records ix Office of Secretary of State.]

Proceedings of the Safety Coinmittee at "Wilmington.

Wednesday Dec. 20"', 1775.

Present: William Wilkinson, Deputy Chairman; Arch'd McLaine,
John Forster, Henry Toomer, Charles .Jewkes, John Kirkwood,Wm.
Ewins, Harrall Blackmore, Jona. Dunbibin.

On application made by Jona. Dix, and David Thompson of the
I\Lissachusetts and Rhode Island government, for a pass to travel to
their respective families; as the said Dix and Thompson, have not
given a satisfactory account of themselves to this Committee ; and
as there are some circumstances that make them appear inimical to
the American Cause;

Ordered, That the said J. Dix and David Thompson be put under
guard of Captain Dixon's Company till inciuirj- shall be made
about them ; and an order of this Committee shall be -passed for
their releasement.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Friday Dec. 22"*, 1775.

Present: William Wilkinson, Deputy Chairman; Arch'd McLaine,
John Forster, Henry Toomer, Charles Jewkes, John Kirkwood, Wm.
Ewins, John DuBois, James Geekie.

On examination of Jona. Dix and David Thompson (who were
put under a guard on the 20"' in.st.;) also tlie papers they had in
their possession (by which nothing could be done to prove them our
enemies,) and their readiness to take and sign an oath administered
by the Chairman, declaring themselves friends to America; there-
fore

Ordered that the said Jonathan Dix and David Thompson be
immediately released, and that a Copy of the Oath taken by them
be delivered by the "Secretary, to enable them to pursue their jour-
ney .without anv further hindrance.

3CA COLONIAL RECORDS.

[Reprinted from the American Archives. Vol. 4. P. 95]

Resolutions of the Virginia Convention giving thanlcs to tlie North
Carolina Troops.

[Wiluamsburgh] Friday December 22'', 1775.

Picsolved uncDiiinoiisbj That the Thanks of this Convention are
justly clue to the brave officers, gentlemen volunteers, and soldiers
of North Carolina as Avell as our brethren of that Province in gen-
eral, for their prompt and generous aid in defence of our common
rights against the enemies of America and of the British Constitu-
tution; and that the President be desired to transmit a copy of this
Resolution to Colonel Howe.

[B. P. R. O. Am. & W. IND.: No Carolina. No. 332.]

Letter from Lord George Germain to Governor Martin.

Whitehall Dec' 23'", 1775.

SiK,-

Lord Dartmouth having in his Letter of the 7"' of November
fully instructed you upon all points relative to the Object and Plan
of the intended Expedition to the Southern Colonies, it only remains
for me to acquaint you, that the Armament is now ready to proceed
upon that Service. It consists of seven Regiments, wanting only
three Companies of the 4G"', a detachment of Artillery equal to
three Companies, under the command of Lord Cornwallis, and is
accompanied by a Naval Force, consisting of His Majesty's Ships
Bristol, Acteon, Boreas, Soletay, Si/rcn, Sphyiix, and Deal Castle, the
IlawJc S\ooY> aijd Tliundcr i?om&, commanded by Sir -Peter Parker.

If this Dispatch should reach you before the arrival of the Arma-
ment, whicli is however uncertain, you will exert every Effort to
carry into Execution the orders contained in Lord Dartmouth's Let-
ter above mentioned of which for fear of Accident I enclose a copy,
and will take every necessary preparatory step for collecting a Corps
of Provincials to serve with the King's Troops and to join them
upon tlieir Landing. I am etc.,

GEO: GERMAIN.

COLONIAL RECORDS. 365

[Reprinted from American Archives. Vol. 4. Page 453.]

Letter from Col. Howe to the President of the A'irginia Convention.

Norfolk, December 25"", 1775.

Ye.sterday, by a flag of truce, I received a letter from Captain
Bellew, copy of which I have the honour to transmit you, with a
copy of those I have written to him, Though Colonel Woodford and
myself were sensible it was our duty to withhold from him, as much
as in our power lay, those supplies he wished to obtain. Yet the
moderate conduct he has pursued, and the sentiments of humanity
by which he seems to be actuated, induced us to delay an answer
till to-day, and to couch it in terms which cannot but show him,
that occasion, not inclination, had influence upon our conduct.
Captain Bellew's letter was brought us bj^ one of his Lieutenants;
he expressed for himself and every officer on board, the reluctance
they should feel, if compelled by necessity, they should be obliged,
by marauding parties, to snatch from the indigent farmers of this
Colony those provisions they were so willing to purchase. I thought
proper Sir, to give you this information; and through you, Colonel
Woodford and myself beg leave to submit it to the consideration of
your honourable Board, whether we are to show any indulgence to
those people, and, if we are, to what bounds we are to extend it.

Major Ruffin, and about one hundred and eighty Minute-Men,
arrived last night; it was a seasonable relief to our Soldiers, almost
worn out with duty this very bad weather.

I was honoured with your letter j^esterday, and are made happy
to find our jiroceedings are approved of. The order it conveys, and
all others which we may receive, we shall endeavour to execute with
the greatest punctuality.

[Reprinted from American Archives. Vol. 4. P. 474.]

Correspondence between Colonel Howe and Lord Dunmore in regard
to an exchange of prisoners.

Letter from Col. Howe to the President of the A'irginia Convention.

Norfolk, December 28"", 1775.
I am at present. Sir, so indispensably engaged, that I have not
time to be so particular as I could wish, had I anj-thing of impor-

366 COLONIAL RECORDS.

tance to communicate; but, except some salutes from the men-of-war,
matters remain just as they were when I wrote j'ou last. Xo
effectual steps have been taken in respect to the exchange of pris-
oners, for which the enclosed copies of letters between Lord Dun-
more and myself will, I hope, account in such a manner as to leave
me, in the opinion of your honourable body, free from blame.

Letter from Lord Dunmore to Colonel Howe.

Spiip Duxmoke, Dec' 25'*, 177o.
Sir : I have this moment received yours of the 2-4"', and in com-
pliance with your request, have empowered the bearer, Mr Laurie,
to agree to any one of your Lieutenants in our custody, being ex-
changed in place of 'Mv Batut, Lieutenant of the Fourteenth Regi-
ment, and to an equal number of your privates, in lieu of those of
the Fourteenth with you now.

I am, Sir, your most obedient, humble servant,

DUNMORE.
To Robert Plowe Esquire.

Letter from Colonel Howe to Lord Dunmore.

Norfolk, December 25"' 1775.
My Lohd,

Desirous as we are to regain our friends in your custody, and to
return to the army the ofticers and men of their corps, who have
fallen into our hands, we can, by no means, submit to place the
officers and soldiers of the army, who have been taken in battle,
upon a footing with those officers of Militia and the peasants, that
you have thought pi'oper to deprive of their liberty. We have,
since our march from the Great-Bridge, taken a number of those
who were in action at that place; among them, some wlio acted
under your Commissions as field-officers; tliose I conceive, may be
equitably exchanged for those of the same rank in j'our hands; and
reluctant as I am to continue in confinement either your prisoners
or ours, T shall consent to no exchange but such as equity shall war-
rant. 1 beg leave to refer you to Mr Laurie for particulars. I should
be glad to be favoured with a list of the prisoners you have in your
hands, the rank they bear, and the manner in which they were taken.

T am my Lord, your Lordship's most obedient, humble, servant,

ROBERT TIOWE.
To ilis Excellency Lord Dunmore.

COLONIAL RECORDS. 367

Letter from Lord Duiimore to Colonel Howe.

Ship Duxmoke, December 20"', 1775.
Sir:

Yours of la.st night I received, and really am at a los.s to know
what your meaning is; you certainly, when you proposed an exchange
of prisoners, could never have meant to pay your own people so
poor a compliment, as not to look upon those whom the Convention
thought pi'oper to aj^point to hold military commissions, in any
other light than officers; those j'ou talk of as officers of militia and
peasants, whom you say I have thought proper to deprive of their
liberty, come under that predicament, and were taken armed against
their liege SoA^ereign. If the rank of officers in each armj' is not to
be our guide, I own I am at a loss to know by what rule we are to
be governed in exchange of prisoners.

I am Sir, Your humble servant,

DL^NMORE.

To Robert Howe, Esq., in Norfolk.

Letter from Colonel Howe to Lord Dunmore.

Norfolk, December 27'\ 1775.
Mv Lord:

I was not understood by your Lordship last night, and it gives
me concern. You do me justice, however, when you suppose I
could not mean, even by implication, to degrade any commissions
issued by Conventions who.'?e authority I acknowledge, whose
appointment I honour, and to whose service I have devoted myself.
I am, I find, to inform your Lordship of what I really thought you
before acquainted, that Conventions, from the fatal necessities of the
times, have been comiielled to estaldish three different military
bodies: Militia, Minute Battalions, and Regular Regiments; and
that they have made a distinction in the rank of each. What I
.said, therefore, in respect to militia officers, was not without its pro-
priety, had my meaning extended no further than as to their rank.
You, my Lord, sometimes affect .so much to despise any rank derived
from Conventions, that courtes\' itself cannot induce you, even in the
common forms of address, to admit those appellations which they
liave fixed to particular characters. Circumstances, however, at
other times have so far an influence upon j-our Lordship as to pre-

368 COLONIAL RECORDS.

vail upon you not only to admit that rank, but to endeavour to carry
it higher than even the Conveiitions intended.

A Colonel in the Minute Service ranks only with a Lieutenant
Colonel of the Regulars ; a Colonel of Militia, only with a Lieuten-
ant Colonel of Minute Men. This must make it plain, that a
Militia Lieutenant, though your Lordship had taken him in battle,
cannot be deemed an , equitable exchange, for a Lieutenant of Reg-
ulars, much less, my Lord, if a man should have been torn from
his farm, and arbitrarily deprived of his liberty, because a Conven-
tion had nominated him an officer, without his having done any
one act that could warrant his seizure, or continue liis confinement
longer than despotism prevails over rights and privileges. In this
case I might, indeed compassionate his fate, but should betray the
confidence reposed in me by my country, should I attempt to
release him by a prisoner of equal rank taken in battle, who it
would be my duty to consider as a pledge in my hands, for the
redemption of some brave man, that by the chance of war may
happen to be captivated.

The Conventions in order to establish a Militia, have appointed
Captains in particular districts to train and exercise, in arms, all
persons from sixteen to sixty years of age, without instructing or
directing them to act against Government; these may meet and go
through the manual exercise, and then return home, surely without
the least guilt. Six months after, should some or all of these peo-
ple be taken from their ploughs, made prisoners, and offered in
exchange for those that are prisoners of war, could an officer be
justified, who admitted of such an exchange? or would you, my
Lord, should we seize upon the persons of the peasants, who come
iiato this town every day, and who attend to your Proclamation,
and subscribed your Test, admit of them in exchange for our
officers and men, Mdio you assert were taken in arms? Infiirmation
had given me to think, and till your last letter, I had no reason to
doubt, that some of these officers and men you offered us, were
such as I have described; and it was to that I alluded when I said,
that I could not put those prisoners, tak^'U in battle, U[)on a footing
with the Militia officers and peasants, wh ;m you my Lord, had
thought proper to deprive of their liberty. I was explicit, I thought,
when I told your Lordship, that I looked upon those oflicers, who
under your appointment, fought at the (ireat Bridge, though taken
since the action, as prisoners, who would be equitably ollered in

COLONIAL RECORDS. 369

exchange for those of ours of the same rank taken by you; and
when I desired an exact list of the men in your custodj', the rank
they bore, and the manner in which they were taken, I imagined it
would be granted me; I wish now to obtain such a list, my Lord;
and if I do, you will find that I shall not degrade those Commis-
sions issued by Conventions, the rank of which you seem so desirous
I should maintain, but join you heartily, if you choose it, in one
measure at least, that of returning to their friends such prisoners as
we have of yours, and restoring to the bosom of their country
those that you have torn from it.

I have not had it in my power, till within this hour, to answer
your favour of last night; the delay you will jjlease to excuse.
I am, my Lord, your Lordship's

most obedient humble servant

ROBERT HOWE.

To His Excellencv Lord Dunmore.

[Reprinted from the American Archives. Vol. 3. P. 1963.]

Extract from the Minutes of the Continental Congress.

Friday, December 29"", 1775.
*********
Resolved, That the C'olonies of Virginia, Maryland and Xoith
Carolina, be i^ermitted to export produce from their respective
Colonies, to any part of the world, except Great Britain, Ireland, the
Islands of Jersej', Guernsey, Sark, Alderney, and Man, and the
British West India Islands, and in return to import so much Salt
from any part of the world, not prohibited by the Association, as the
Conventions or Councils of Safety' of the two former Colonies, and
the Provincial Council of the other sliall judge necessaiy, for the
use of the inhabitants thereof, now suffering great distress by the
scarcity of that necessary article, proper caution being taken to pre-
vent any abuse of this indulgence, by exceeding in the quantities
exported or imported, and that no Provisions, Slaves, or Naval
Stores be exported, if other Commodities may answer the purpose.

VOL. X — 2-4

370 COLONIAL RECORDS.

[Reprinted from the American Archives. Vol. 4. P. 476.

Extract of a Letter received at Hull, in England, from a gentleman
in North Carolina, Dated December 20, 1775.

Our Provincial Convention, at their last meeting appointed Com-
mittees of Safety, consisting of thirteen members of each of the six
districts of the Province; and these Committees, by authority of tlie
Convention, elected a Provincial Council, consisting likewise of thir-
teen. The Legislative, Judicial, and Executive powers of Govern-
ment, are now entirely in the hands of the said Council and Com-
mittees. Governor Martin is still on board the Cruizer, Sloop-of-
War, from which he issued a proclamation, forbidding a meeting of
the Convention, which they resolved was a false, scandalous, scurri-
lous, and malicious libel, tending to stir up tumults and insurrec-
tions, dangerous to the peace of His Majesty's Government, etc., and
ordered it to be burnt by the common hangman, which was accord-
ingly done. They appointed two Treasurers, and ordered them to
draw on the Continental Congress at Philadelphia for one hundred
thou.sand dollars, for the pay and maintenance of three thousand
Minute-Men; and to replace that sum, they have issued paper ])ills
of credit for one hundred and twenty-five thousand dollars, and laid
penalties on those who should speak disrespectfully of the bills, or
offer them at less than eight shillings for a dollar.

The Minute-Men are to be trained eveiy day, Sundays not
excepted ; the uniform is a liunting-shirt, leggins, or splatter dashes,
with garters. To encourage the supplying ourselves with what we
used to import from Great Britain, they have voted large 2:>remiums
to any person or persons who shall erect furnaces for refining iron,
slitting mills, steel furnaces, and also for the making of cotton cards,
needles and pins; the refining of sulphur, and making saltpetre
and gunpowder in this Colony.

The following is a copy of a Test drawn uji by the Convention,
signed by themselves, the Provincial Council, Committees of Safety,
&c., &c., Viz:

"We, the subscribers, professing our allegiance to the King, and
acknowledging the Constitutional Executive power of Government,
do solemnly profess, testify and declare, that we do ahsolutely believe
that neither the Parliament of Great Britain, nor any constituent

COLONIAL RECORDS. 371

member thereof, have a right to impose taxes on these Colonies to
regulate the internal policy thereof; and that all attempts, by fraud
or force, to establish and exercise such claims and powers, are viola-
tions of the peace and security of the people, and ought to be resisted
to the utmost. And, that the people of this Province, singly and
collectively, are bound by the acts and resolutions of the Continental
and Provincial Congress; because, in both they are freely repre-
sented by persons choses by themselves.

" And we do solemnly and sincerely promise and engage, under
the sanction of virtue, honour, and the sacred love of liberty and
our country, to maintain and support all and every the acts, resolu-
tions and regulations of the said Contiirental and Provincial Con-
gresses, to the utmost of our power and abilities.

" In testimony whereof," &c.

The former* Convention voted fifty thousand pounds for raising
and embodying one thousand men, to be employed in tlie common
cause, which were accordingly raised. A body of five hundred of
them are now encamped near Wilmington. It is reported that many
of them desert.

We have but little communication with the neighbouring Prov-
inces owing to the distracted state of the whole Continent; and what
we hear is not always to be depended upon. The last accounts from
Virginia say, that Lord Dunmore does not lose ground; and since
his proclamation, oftering freedom to indented servants and slaves,
many people have joined him to save their property. He seized a
printing press at Norfolk, which he employs for his own purjjoses ;
and, by the means of Negroes and others, continues to circulate his
proclamations and intelligence througli the country. It is said that
Colonel Henry, with a large body of men is gone against him; and
a General from the American camp, at Cambridge, in Massachusetts
Bay, is expected on the same service.

* Error.

372 COLONIAL RECORDS.

[Reprinted from the American Archives. Vol. 4. P. 479.]

Correspondence between Captain Bel lew and Colonel Howe.

Cajitain Bellew to Colonel Howe.

Ship Livekpool, off Norfolk, December SO"", 1775.

As I hold it incompatible with the honour of my commission to
suffer men, in arms against their Sovereign and the Laws, to appear
before His Majesty's ships, I desire you will cause your sentinels, in
the town of Norfolk to avoid being seen, that women and children
may not feel the effects of their audacity ; and it would not be im-
prudent if both were to le^ve the town.

I am sir, your most humble servant,

HENRY BELLEW.
To Robert Howe, Esq.

Colonel Howe to Captain Bellew.

Norfolk, December 30"', 1775.

I am too much of an officer to wish you to do anything incom-
patible with the honour of your commission, or to recede myself,
from any point which I conceive to be my duty. Under the influ-
ence of reciprocal feelings consequences may ensue which either,
perhaps, would choose to avoid. Our sentinels have received orders
not to fire at your boats, or any other, unless approaching the shore
in a hostile manner. If they exceed this order, we would punish
them ourselves; or if you do it, we shall thank you for it. If, how-
ever, your resentment extends farther than merely to them, I should
wish the inhabitants of the town who have nothing to do in this
matter, may have time to remove with their effects. And, as to the
rest, I should be unworthy of the respect of a man of your character,
if I consulted anything but my duty.

I am sir, your most obedient, liumble servant,

ROBERT IIOA\'E.

To Henry Bellew, Esq.

COLONIAL RECORDS. 373

[Reprinted from the American Archives. Vol. 4. Page 543.]

Report from James Hogg, Agent for Transylvania, to Colonel Rich-
ard Henderson.

Dear Sir:

On the 2'' of December I returned hither from Philadelphia ; and
I have now set down to give you an account of my embassj^, which
you will be pleased to communicate to the other gentlemen, our
co-partners, when you have an opportunity. I waited for Messrs.
Hooper and Hewes a day and a half at Richmond, but they were
detained by rainy weather for several days, so that they did not
overtake me till I was near Philadelphia, where I was kept two days
by heav}- rain, though thej' had it dry where they were. It was the
22'' day of October when we arrrived at Philadelphia. In a few
days the}' introduced me to several of the Congress gentlemen,
among the first of whom were, accidentally, the famous Samuel and
John Adams; and as I found their opinion friendly to our new
Colony, I sliowed them our map, explained to them the advantage
of our situation, &c., &c. They entered seriously into the matter,
and seemed to think favourably of the whole; but the difficulty that
occurred to us soon appeared to them. "We have petitioned and
addressed the King," said they, " and have entreated him to point
out some mode of accommodation. There seems to be an impro-
priety in embarrassing our reconciliation with anything new; and
the taking under our protection a body of people who have acted in
defiance of the King's proclamations, will be looked on as a con-
firmation of that independent spirit with which we are dailj''
reproached." I then showed them our memorial, to convince them
that we did not pretend to throw oS our allegiance to the King,
but intended to acknowledge his Sovereignty whenever he should
think us worthy of his regard. They were pleased with our memo-
rial, and thought it very proper ; but another difilculty occurred.
By looking at the map they observed that we were within tl>e Vir-
ginia Charter. I then told them of the fixing their boundaries,
what had passed at Richmond in March last, and that I had reason
to believe the ^"irginians would not oppose us; however, they advised
me to sound the Virginians, as they would not choose to do anything
in it without their consent. All tlie Delegates were, at that time, so

374 COLONIAL RECORDS.

much engaged in the Congresses from morning to night that it was
some days before I got introduced to the Virginians; and before
then I was- informed that some of them had said, wliatever was
their ov\-n opinion of the matter, tliey would not consent that Tran-
sylvania should be admitted as a Colony, and represented in Con-
gress, until it originated in their Convention, and should be approved
by their constituents. Some days after this, I was told that Messrs.
Jefferson, Wythe, and Richard Henry Lee were desirous of meeting
with me, which was accordingly brought about; but, unfortunately,
Mr Lee was, by some business, prevented from being with us, though
I had some conversation with him afterwards. I told them that the
Transylvania Company, suspecting that they might be misrepre-
sented, had sent me to make knojvn to the gentlemen of the Con-
gress our friendly intentions towards the cause of liberty, &c., &c.,
but said nothing of our memorial, or my pretensions to a seat in
Congress. They said nothing in return to me, but seriously exam-
ined our map, and asked many questions. They observed that our
purchase was within their Charter, and gently hinted, that by virtue
of it, they might claim the whole. This led me to take notice, that
a few years ago, as I had been informed, their Assembly had peti-
tioned the Crown for leave to purchase from the Cherokees, and to
fix their boundaries with them, which was accordingly done, by a
line running from six miles east of the long island in liolston, to
the mouth of the Great Kanawha, for which they had actually paid
twenty -five hundred pounds to the Cherokees; by which purchase,
both the Crown and their Assembly had acknowledged the property
of those lands to be in the Cherokees. Besides, said I, our settle-
ment of Transylvania will be a great check on the Indians, and
consec^uently be of service to the Virginians.

They seemed to waive the argument concerning the right of
property; but Mr Jeflferson acknowledged, that in his opinion, our
Colony could be no loss to the A^irginians, if properlj^ united to
them; and said, that if his advice was followed, all the use they
should make of their Charter would be, to prevent any arbitrary or
oppressive Government to be established within the boundaries of
it; and that it was his wish to see a free Government established at
the back of theirs, properly united with them; and that it should
extend Westward to the Mississijiiii, and on each side of the Ohio,
to their Charter line, But he would not consent tliat we should be
acknowledged by the Congress, until it liad the approbation of

COLONIAL RECORDS. 375

their Constituents in Convention wliicli he thought might l)e obtained ;
and that, for that purpose, we sliould send one of our Company to
tlieir next Convention. Against this proposal, several objections
occurred to me, but I made none.

This was the substance of our conference, with wliicl; I acquainted
our good friends, Messrs Hooper and Hewes, who joined me in
opinion that I should not push the matter further; and they hinted
to me, that, considering the present very critical situation of
affairs, they -thought it was better for us to be unconnected with
them. These gentlemen acted a most friendly part all along, and
gave a favourable account of our proceedings Indeed I think the
Company under great obligations to them, and I hope they will
take it under their consideration. I was frequently with parties of
the Delegates, who, in general think favourably of our enterprise.

All the wise ones of them, with whom I conversed on the
subject, are clear in opinion that the property of the lands are
vested in us by tlie Indian grant; but some of them think, that b}-
the common law of England, and by the common usage in America,
the sovereignty is in the King, agreeable to a famous law opinion,
of which I was so fortunate as to procure a copy. The suffering
traders, and others, at the end of last war, obtained a large tract of
land from the Six Nations, and other Indians. They formed them-
selves into a company, (called, I believe, the Ohio,) and petitioned
the King for a patent, and desired to be erected into a Government.
His Majesty laid their petition before Lord Chancellor Camden and
Mr Charles Yorke, then Attorney-General, and afterwards Chancellor.
Their opinion follows :

"In respect to such places as have been, or shall be acquired bj"
treaty or grant from any of the Indian Princes or Governments,
your Majesty's letters patent are not necessary; the property of
the soil vested in the grantee by the Indian grants, subject only
to your Majesty's right of Sovereignty over the settlements, as
English settlements, and over the inhabitants as English subjects,
who carry with them your Majesty's laws wherever they form Colonies,
and receive your Majesty's protection by virtue of your Royal char-
ters." After an opinion so favourable for them, it is amazing that
this Company never attempted to form a settlement, unless they
could have procured a charter; with the hopes of which, it seems,
they were flattered, from time to time. However our example has
roused them, I am told, and they are now setting up for our rivals.

376 COLONIAL RECORDS.

Depending on this opinion, another company of gentlemen a few
j'ears ago, purchased a tract between the forks of the Mississippi and
Ohio, beginning about a league below Fort Chartres, and running
over towards the mouth of the Wabash; but whether or not their
boundary line is above or below the mouth of the "\\'abash, the gen-'
tlemen who showed me their deed could not tell, as it is not men-
tioned, but is said to terminate at the old Shawanese town, suj^posed
to be only thirty-five leagues above the mouth of the Ohio. And
the said company purchased another larger tract, lying on the Illi-
nois River. It was from one of this corajpany that I procured a
copy of the above opinion, which he assured me was a genuine one,
and is the very same which you have heard was in possession of
Lord Dunmore, as it was their company that sent it to him, expect-
ing he would join them.

I was several times with Mr Deane of Connecticut, the gentleman
of whom ]Mr Hooper told you, when here. He says he will send
some i^eople to see our country ; and if their report be favourable,
he thinks many Connecticut people will join us.

This gentleman is a scholar, and a man of sense and enterprise,
and rich ; and I am apt to believe, has some thoughts of heading a
party of Connecticut adventurers, providing things can be made
agreeable to him. He is reckoned a good man and much esteemed
in Congress ; but he is an enthusiast in liberty, and will have noth-
ing to do with us unless he is pleased witli our form of Government,
He is a gi'eat admirer of the Connecticut Constitution, which he
recommended to our consideration, and was so good as to favour me
with a long letter on that subject, a copy of which is enclosed. You
would be amazed to see liow much in earnest all these .speculative
gentlemen are about the plan to be adopted by the Transylvanians.
They entreat, they pray, that we may make it a free Government,
and beg that no mercenary or ambitious views in the Proprietors
may prevent it. Quit-rents, they say, is a mark of vassalage, and
hope they shall not be established in Transylvania. They even
threaten us with tlieir opposition, if we do not act upon liberal prin-
ciples when we have it so much in our power to render ourselves
immortal. Many of them advised a law against Negroes.

Enclosed I send you a copy of a sketch by John Adams which I
had from Richard Henry Lee.

COLONIAL RECORDS. 377

[Journals Board Trade. Vol. 83.]

BOARD OF TRADE JOURNALS.

At a meeting of His Maj. Com" for Trade and Plantations.

Monday, May S'^ 1775.

Present
M' Jenyns :\P .Jolliffe

i\r Keene M' Greville

The Earl of Dartmouth one of His ^laj. principal Secretary s of
, State attends [p. 57] Read a ^Memorial of Thomas Barker and
Alexander Elmsly on behalf of the Assembly of North Carolina
prajang that certain alterations may be made in the Laws of that
Province with repard to Attachments, County Courts and Fees, and
submitting to the consideration of the Board the draught of a Bill
for establishing a Superior Court which the Assembly desire the
Governor may be instructed to pass into a Law.

Ordered that the above jMemorial and the Bill accompanying it
be referred to M" .Jackson for his opinion in point of law upon those
parts which relate to Attachments and the extension of the juris-
diction of the Inferior Courts and that he be desired to make his
Report before IS"" May on which day it was agreed to take this
matter into further consideration, and it was ordered that Messrs.
Barker and Elmsly should have notice to attend on that day.

[P. 59.J

Thursday, May 1V\ 1775.

^Villiam Palmer Escp to be appointed of the Council of North

Carolina in the room of Robert Palmer Esq. who has desired leave

to resign.

[P. 64.]

Thursday, :May 1 8'^ 1775. .
This day being appointed for taking into consideration the Memo-
rial of ^lessrs Barker & Elmsly Agents for the Assembly of North
Carolina in tlie matters referred to in the said Memorial the report
of M" Jackson upon those points of it which relate to Attachments
and to the extension of the jurisdiction of the Inferior County Courts
was read and M' -Jackson and their Lordships after full consideration
came to the following resolutions thereupon A'iz :

378 COLONIAL RECORDS.

First. That it would not be advisable to allow Attachments of the
effects of persons not residing within the Province or within the
adjoining Provinces of South Carolina & ^"irginia in the manner
proposed by the Assembly of North Carolina except only when
proof should be made that the Defendant in any action the cause
of which arose in Great Britain, Ireland or any.other of the Planta-
tions, had removed from his usual place of abode in order to avoid
payment of his debt, and tliat in allowing Attachments in cases of
Defendants residing in the adjoining Colonies of South Carolina &
^"irginia, due provision should be made by Law for giving such
persons timelj=' notice of the process.

Secondly. That it would not be advisable on any pretence to admit
of the jurisdiction of the Supreme Court being limited or to allow
a jurisdiction in the Inferior County Courts in Civil actions beyond
what was suggested in Lord Dartmouth's letter to Governor Martin
of 4^" Aug. 1773.

Thirdly. That it might be advisable that Governor Martin should
have the King's permission to assent to such a Regulation of the
Fees to the Chief Justice as the Assembly should propose whenever
a suitable permanent Salary should be annexed to that Ofhce 1_)y
Act of the Legislature there.

There being no reference from the Privy Council of the matter to
which the above Resolutions refer. Lord Dartmouth was requested
to lay the said Resolutions before his Majesty to the end that such
Instructions might be given tliereupon to Governor Martin as to
His Majesty should seem meet.

[P. 133.]

Tuesday, November '2V\ 1775.
The Secretary laid before the Board Letter from Governor Martin
to the Board dated 24"' March 1775, containing an account of the
state of His ]\Iaj. Council for North Carolina and recommending
persons fit to supply vacancies at that Board.

[P. 137.]

List of the Council.

Ordered that the Draught of a Representation to his Majesty be
prepared, proposing that Wm. Dry Esq. one of the Council of the
Province of North Carolina may be removed from his seat at that
Board.

COLONIAL RECORDS. 379

[P. 147.]

The Secretary laid before tlie Board the following, Yh : '
Letter from Josiah Martin to the Earl of Dartmouth.
]\Iinutes of Council 8—26 March 1774.

D" from 20'" April to 25'" August 1774.
D" from 8'" Oct. 1774 to 24'" April 1775.
Journal of Assembly 4 — 8 April 1775.
List of patents granted at July Court of Claims 1774.

D° in FeV & ALarch Court of Claims 1775.
Copy of a Bill entitled an Act for the more regular & effectual
payment of the Quit Rents due and owing in the Province of Xorth
Carolina &c.

1776.

[Reprinted from the American Archives. Vol. 4. P. lGi7

Extract from the Minutes of the Continental Congress.

January 1, 1776.

****** -X-

Resolved, That it appears the British Ministry and their Agents
have meditated, and are preparing to make attacks upon Charles-
town, in South Carolina, and several jjlaces in A'irginia, and prob-
ably in North Carolina; and that it be recommended to the Conven-
tions or Committees of Safety of the two former Colonies, and to the
Provincial Council of the other, by all po.ssible means, to make a
vigorous defence and opposition.; and that it be further recommended
to the Committee of Safety of Virginia, and the Provincial Council
of North Carolina, to meet together and confer and conclude upon
such operations as they may think most for their mutual interest.

[Reprinted from the American Archives. Vol. 4. Page .538.'

Extract of a Letter from Colonels Howe and Woodford to the Vir-
ginia Convention, dated Norfolk, ten o'clock, p. Ji. Jan'' 1", 1770.
Between three and four o'clock, a severe cannonade began from

all the shipping, under cover of which they landed small parties,

380 COLONIAL RECORDS.

and set fire to the houses on the wharves. The wind favoured their
design'and we beUeve the flames will become genei'al.

In the confusion which they supposed would ensue, thej'^ frequently
attempted to land; but this, by the bravery of our officers and men,
we have hitherto prevented, with only a few men wounded on our'
side, and we persuade ourselves, with a good deal of loss on theirs.
Their efforts and our opposition, still continue. We have stationed
ourselves in such a manner as will, wo believe, render everything
but burning the houses ineffectual. We wait with impatience your
further orders, and are Respectfully &c.

[Repeixted from the American' Archives. Vol. 4. P. 103.]

Extract from the Proceedings of the Virginia Convention.

Tuesday January 2""^ 177G.
* * * * * _ * * * *

The President laid before the Convention a Letter from Col.
Howe, and also a letter from Col. Woodford, informing the Conven-
tion they had received Petitions from several of the pei'sons who
had joined Lord Dunmore, and were on board the Vessels in the
harbour at Norfolk, desiring that they might have leave to return,
as their wives and children were greatly distressed. That they had
given for an answer, the women and children were at liberty to
come on shore, and should receive assistance and protection, but
not to, be at liberty to return or give intelligence to our enemies;
that the men should have no other violence offered them than to
remain prisoners till they could be fairly and impartially tried by
their Country for taking arms against it.

Which being read,

Resolved, That this Convention will immediately resolve itself
into a Committee on the said Letter.

The Convention accordingly resolved itself into the said Commit-
tee, and after some time spent therein, j\Ir President resumed the
chair, and Mr Mercer reported, that the Committee had, according
to order, had under their consideration, the Letter from Col. Howe
and Col. Woodford, and had conic to the following Resolution there-
upon; whicli he read in his place, and afterwards delivered in at

COLONIAL RECORDS. 381

the Clerk's table, where the same was again twice read, and agreed
to by the Convention.

Resolved, That the Convention do highly approve of the offer
made by Colonel Howe and his Officers to the distressed women
and children now on board the vessels in the harbour at Norfolk,
and the terms offered to those who have taken up arms against this
Country; and that Col. Howe be requested to repeat the same, in
the name of the Delegates and Representatives of this Colony.

[Reprinted from the American Archives. Vol. 4. P. 538.]

Extract of a Letter from Colonel Howe to the ^"irginia Convention,
dated Norfolk, January 2""', 1776.

The Cannonade of the town began about a quarter after three,
yesterday, from upwards of one hundred pieces of cannon, and con-
tinued till near ten, at night, without intermission ; it then abated a
little, and continued till two, this morning. LTnder cover of their
guns they landed, and set fire to the town in several places near the
water, though our men strove to prevent them all in their power;
but the houses near the water being chiefly of wood, they took fire
immediately, and the fire spread with amazing rapidity. It is now
become general, and the whole town will, I doubt not, be consumed
in a day or two. Expecting that the fire would throw us into con-
fusion, the3' frequently landed; and were every time repulsed, I
imagine with loss, but with what loss, I cannot tell ; the burning of
the town has made several avenues, which yesterday they had not,
so that thejr may now fire with greater effect; the tide is now rising,
and we expect at high water another cannonade.

I have only to wish it may be ineffectual as the last; for we have
not one man killed, and but a few wounded. I cannot enter into
the melancholy consideration of the women and children running
through a crowd of shot to get out of the town, some of them with
children at their breasts; a few have, I hear, been killed; does it not
call for vengeance, both from God and man ?

It is but justice to inform you, that I had the pleasure to find
every officer ready to execute orders at a moment's warning, and that

382 COLONIAL RECORDS.

the men behaved with steadiness and spirit. Colonel Stevens went
down at my command, and headed some men near the water, where
he engaged a party who had landed, with a spirit and conduct of a
good officer. Of my friend, Colonel AVoodford, it is almost needless
to speak, but I cannot avoid expressing that I received from him
every assistance which conduct and sjiirit could give me.

[Reprinted from the American Archives. Vol. 4. P. 558.]

Letter from Colonel Williams, at Boonesborough, to the Proprietors,
in regard to the Colony of Transylvania.

BooxESBOKouGH, January 3, 177G.
Gextlemex:

In my last, of the 27th instant, I promised in mv next a more
circumstantial account than I was capable then of giving, under
the confused situation of mind I was then in, occasioned by the
unhappy catastrophe of my brother's death, which happened but a
few hours before that. To comply in some measure with that prom-
ise, and to discharge a' duty incumbent upon me, as well as the
promptitude of mind I feel to discharge that duty, I cheerfully
enter on the task, and endeavour to render some account of what I
have been after since my arrival at this place, now upwards of a
month since; and as the ])rimitive intention of sending me to Tran-
sylvania was to establish a Land Office, appoint the necessary officers
to the said office, surveyors, &c., upon the best footing in my power,
and to make sale of the lands within the said Colony, upon such
terms as might be most advantageous to tlie Proprietors and satis-
factory to the inhabitants thereof; my first step was to fall on some
metliod of appointing a person to the office of surveyor, who shall
give general satisfaction to the people; I thought none more likely
to do so, than calling a Convention and taking their recommenda-
tion for the person wlio I would appoint. From the dispersed situ-
ation of the peojjle, and the extreme badness of the weather, we
failed in convening a majority; however, I took the sense of those
who appeared, and who unanimously recommended Colonel John
Floyd, a gentleman generally esteemed, and I am "[lersuaded, truly
worthy, and him I have commissioned surveyor of the Colony at

COLONIAL RFX'ORDS. 383

present, though, perhaps, it may be advisable, at a future day, to
divide the Colony into two districts, and to appoint another surveyor
to one of the districts. The Entering Office I have disposed of to
^Ir Nathaniel Henderson, and the Secretary's to Mr Richard Har-
rison; though upon consideration, I have thought that the numer-
ous incidental expenses were so great that some way ought to be
fallen upon to defray them without breaking in upon the moneys
arising from the sale of the lands, and that the two dollars for enter-
ing, ifec, and the other two for filling up the deeds, counterparts,
annexing seals and plots, &c., was more money than the services of
those offices absolutely required; I, therefore, have reserved out of
each office, one dollar, to answer the purpose of defraying those
extraordinary expenses; and the offices are left well worth the
acceptance of persons capable of filling them with credit. The
number of entries on our book is now upwards of nine hundred, a
great part of which was made before I came to this place, when
people could make entries without money and without price ; the
country abounded with land-mongers ; since there is two dollars
exacted on the entry made, people are not quite so keen, though I
make no doubt but all who can comply with the terms will endeavor
to save their lands ; and as many people who have got entry on the
book are now out of the country, and cannot possibly pay up the
entry money immediately, I have thought proper to advertise that
every person who has made entry on the book, and paid n'o money,
that they come in and pay up the entrance money by the first of
April, and take out their warrants of survey, or their several entries
will, after that time, be considered as vacated, and liable to be
entered by any other person whatever.

The surveyors have now begun to survej^ and some few people
have been desirous of getting out their deeds immediately ; but they
generally complain of a great scarcity of money, and doubt their
being able to take their deeds before next June, or even before next
fall ; though in a general way, people seem to be well reconciled to
the terms, and desirous to take up on them, except some few whom
I have been obliged to tamper with, and a small party about Har-
rod.sburg, who, it seems, have been entering into a confederacy not
to hold lands on any other terms than those of the first year. As
this party is composed of people, in general, of small consequence,
and I have taken some steps to remove some of their principal ob-
jections, I make no doubt but to do all that way; and for that pur-

384 COLONIAL RECORDS.

pose have formed a design of removing myself, with the office to
Harrodsburg, some time in February next, unless I should find,
from a trip I purjiose immediately taking there, that I cannot do it
with safety. The principal man, I am told, at the head of this con- .
federacy, is one Hite ; and him I make no doubt but to convince he
is in an error. Among other things, one of the great complaints
was, tha tthe Proprietors, and a few gentlemen, had engrossed all
the lands at and near the Falls of the Ohio, which circumstance I
found roused the attention of a number of people of note ; I, there-
fore, found myself under the necessity of putting a stop to all
clamours of that kind, by declaring that I would grant no large
bodies of land to any person whatever, which lay contiguous to the
Falls ; which I have done in a solemn manner.

This I am far from thinking will be injurious to the Proprietors, but
quite the reverse ; and a circumstance which will render more general
satisfaction, and be of as much utility to the Colony, as any step
heretofore taken. You will observe that I am going on to justify the
measure before I inform you what it is. But to be brief, it is this : tlie
Falls, it is certain, is a place which, from its situation, must be the
most considerable mart in this part of the world ; the lands around
are generally rich and fertile, and most agreeably situated ; which
had occasioned many people to fix their affections on that place,
many applications have been made for large grants, at and about
that place, and refused. Since which, twenty thousand acres, and
upwards, have been entered there for the Company ; forty thousand
or fifty thousand more, in large tracts, by a few other gentlemen ;
a partiality was complained of; a general murmuring ensued. Ui)on
considering the matter, I thought it unjust; I thought it a disad-
A'antage to the partners in general, and that some step ought
to be taken to pacify the minds of the people. I, there-
fore entered into a resolution that I would grant to no one man^
living within a certain distance of the Falls, more than one thousand
acres of land, and that to be settled and improved in a certain space
of time, under the penalty of forfeiture; that every person who had
more entered than one thousand acres, miglit retain his one thousand
out of which spot he pleased; that the several ofiicers, who have
claims there, may each, on application and complying with our
terms, be entitled to a one thousand within his survey. That a
town be immediately laid out, and a lot reserved to each proprietor,
and then the first settlers to take the lots they may choose, enter

COLONIAL RECORDS. 385

and improve; which improvement must be done in a certain limited
time, or the lot forfeited, and again to be sold, &c. These proposals
seem to have given general satisfaction, and everj- one who had
entered large quantities within these limits, gives it up with the
greatest alacrity ; and I am in hopes it will meet the general appro-
bation of the Company; if so, I shall be happy; if not, I shall be
very sorrj-, though the necessity must justify the measure.

The Falls of Ohio is a place, of all others, within the Colony, will
admit of a town, which, from its particular situation, will imme-
diately become populous and flourishing ; the land contiguous thereto
rich and fertile, and where a great number of gentlemen will most
certainly settle, and be the support and protection of a town at that
place; a place which should meet with everj^ encouragement, to
settle and strengthen, inasmuch as it will, most certainly, be the ter-
rour of our savage enemies, the Kickeboos Indians, who border
more nearly on that place than any other part of the Colony; and
as I think it absolutely nece.ssary that the aforesaid proposed to^vn,
at the Falls, to be laid off'the ensuing Spring, if I find it practica-
ble, to raise a pa^'ty about the 1" of March and go down and lay out
the town and stake it off; though this will in a great measure depend
upon the future tranquility of our situation between this and then,
for I assure you the little attack made upon us bv the Indians the
23'''' of last month, has made many people, who are ashamed to
confess themselves afraid, find out that their affairs on your side
the mountains will not dispense with their staying here any longer
at present; and I am well convinced, once they get there, that every
alarm, instead of precipitating, will procrastinate their return.
When I mention the little attack made on the 23'' of last month, in
this cursory manner, it is because I have heretofore sent you a par-
ticular account of that massacre, in a letter of the 27"" ult. Though
as that letter may fail, and not get to hand, I will now endeavour
to briefly relate the circumstances:

On Saturday, about noon, being the 23'', Colonel Campbell, with a
couple of lads, (Saunders and ]\PQui'\niey) went across the river.
On the opposite bank they parted. Campbell went up the river,
about two hundred Yards, and took up a bottom. The two lads,
without a gun, went straight up the hill. About ten minutes after
they parted, a gun and a cry of distress was heard, and the alarm
given that the Indians had shot Colonel Campbell. We made to
his assistance. He came running to the landing, with one shoe off,

586 COLONIAL RECORDS.

and said he was fired on by a couple of Indians. A partj' of men
was immediately dispatched, under the command of Colonel Boone,
who went out, but could make no other discovery than two Moccasin
tracks, whether Indians or not, could not be determined. "We had
at that time, over the river, hunting &c., ten or a dozen men, in
different parties — part, or all of whom, we expected to be killed, if
what Colonel Campbell said was true; but that, by many, was
doubted. Night came on ; several of the hunters returned, but had
neither seen nor heard of Indians nor yet of the two lads. We con-
tinued in this state of suspence till Wednesday, when a party of
men sent out to make search for them, found M^Quinney, killed and
scalped, in a corn-field, at about three miles distance from town, on
the north side of the river. Saunders could not be found, nor has
yet been heard of.

On Thursday', a ranging party of fifteen men, under the command
of .Jesse Benton, was dispatched to scour the woods, twenty or thirty
miles round, and see if any further discovery could be made. To
those men we gave two shillings per day, and five pounds for every
scalp they should produce. •

After they went out, our hunters returned, one at a time, till they
all came in safe, Sanders excepted, who no doubt has shared
M°Quinney's fate.

On Sunday the 31" day of the month, our rangers returned, with- ■
out doing anything more than convincing themselves that the
Indians had, immediately on doing the murder, ran off far north-
ward, as thej^ discovered their tracks thirty or forty miles towards
the Ohio making that way.

On the above massacre being committed, we began to doubt that
there was a body of Indians about, who intended committing out-
rage on our inhabitants. However, we are perfectly satisfied since,
that their number was only six or seven men, who set off from the
Shawanee town before the treaty at Fort-Pitt, with an intent, as they
termed it, to take a look at the white people on Kentucky; and
King Cornstalk, at the treaty, informed the Commissioners on this,
and said, for the conduct of these men, before they returned, he
could not be responsible for that he did not know but tliat they
might do some mischief, and that if any of them should get killed
by the whites, he should take no notice at all of i<!.

COLONIAL RECORDS.

For this, we have undoubted authority, and do not, at present, think
ourselves in any greater danger here than if the above massacre had
not have been committed.

Another circumstance is, that our ammunition grows scant. I do
not think there is enough to supply this place till the last of March ;
supposing we should have no occasion of any to repulse an enemy.
If we should, God only [knows] how long it will last.

If any powder can possibly be procured, it would certainly be
advisable to do it; if not, some iier.son who can manufacture the
materials we have on the way, for the purpose of making powder.
Most part of those are at the block-house, or at least within two or
three miles of that — the re.st in Powell's Valley. Those (if we had
any person who knew how properly to manufacture them into gun-
j)owder) it would be necessary to have at this place. We have no
such person, and of course they Avould be of but little service here.
Notwithstanding, I should have sent for them before now ; but peo-
ple here expect the most exorbitant wages for trivial services. Not
less than a dollar a day will do for anything, which will prevent
my sending till I find the necessity greater, or men to be hired
cheaper.

[Reprinted from the AiiERiCAX Archives. Vol. 4. P. 539.]

Letter from Colonel Howe to the Virginia Convention.

Norfolk, .lanuary 4'^ 1776, 3 o'clock P. M.
About quarter past three on Monday afternoon, the whole fleet
began a heavy cannonade, which lasted seven hours, without any
intermission, and, indeed, continued off and on, till last night,
since which we have b(?en tolerably quiet. Under the fire of their
ships, they landed in many places, and set fire to the houses on the
wharves. In these attempts, many of them, we are certain were
killed, and never failed being repulsed by our peojjle. We had not
a man killed, and only five or si.x wounded, one supposed mortally;
and two or three women and children are said to be killed. Provi-
dence certainly interfered in our iavour, or more lives must have
been lost. They once landed and got into the streets with field-
pieces, .but were beat back with loss, and no execution done by
their fire. Nine tenths of the town are destroyed, but the fire is
now out.

388 COLONIAL RECORDS.

[From MS. Recobds in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Fridaj', .January o"", 177G.

At a meeting of tlie Committee.

Present: .John Ancrum, Cliairman ; W"" Wilkinson, Deputy
Chairman ; A. Maclaine, John l^rster, W^" Ewins, Jona. Dunbibin,
Henry Toomer, John DuBois, James Geekie, John Kirkwood, li.
Blackmore.

The trade of this port depending so much upon good Pilots, and
the Ships of War in the Harbor having already one or more of the
Branch Pilots in their custody, and the Captain of the Scoiyion
exacted from Thomas Bridges (another of the said Pilots) his Parole
of Honor to return on board of the said ship, with an intention as it
is conjectured, not only to deprive the good people of this Colony of
all l^enefits of Trade, but to pilot our enemies up the River when it
shall be thought expedient to destroy the property of the inhalji-
tants. It is the opinion of this Committee that all the pilots of this
river be immediately secured and that Col. Moore be requested to
take them into his custody; and it is

'Resolved, That as soon as the said pilots shall be safely secured,
that notice be given to the Captain of the Scorpion, that the said
Thomas Bridges is detained by order of this Committee.

Ordered, That two companies of Militia of this town, ai)pcar on
the usual place of parading properly armed and accoutred on next
Monday week, as well every other inhabitant that has not drawn in
either of the said companies, and that they do dravr before the above
day, and that the Test prescribed by the* Provincial Council be
signed.

Ordered that Messrs. Wilkinson and Toomer provide a house in
this town as an additional Btirrack for the Regulars under the com-
mand of Col. Moore, to be appropriated to the use of an Hospital
and that nurses be provided to take care of the sick.

COLONIAL RECORDS. 389

[Froji MS. Records in Office of Secretary of State.]

Proceedings of the Committee of Safety at Wilmington.

Saturday, January 6"", 1776.

At a meeting of tlie committee.

Present: John Ancrum, chairman; W. Wilkinson, deputy chair-
man; A. JMaclaine, John Forster, Will. Ewins, John Kirkwood,
John DuBois, James Geekie, Ilerrall Blackmore.

Mr. W. Campbell came into committee and presented a Letter
from the Governor, rec^uesting Mr Campbell to send down two or
three barrels of flour, a tub of butter, and some vegetables.

Ordered, that ]\Ir Campbell have leave to send down two barrels
of flour, a tub of butter and some vegetables for His Excellency.

A. Maclaine produced a letter from the Governor to Capt. Maclean,
ordering him as an half pay officer, to embark for England, and
Capt. Maclean was of opinion, that should he wait on His Excel-
lency, he might obtain leave to continue in this Province some time
longer.

Resolved, that Capt. Maclean shall not have leave to wait on the
Governor, but that he may write to the Governor, and that he shall
shew the Letter to this committee, pursuant to a resolve of the Pro-
vincial Council.

Ordered, that the custom house officers do not clear out any ves-
sels from this port hereafter, without leave from this committee, or
some superior power, and that the officers be served with this order.

Pursuant to an order of this Committee, empowering certain per-
sons therein named, or any tliree of them, to value the houses,
buildings and enclosures in the town of Wilmington ; a paper has
been returned by seven of the said, purporting to be a valuation of
the buildings, &c., in the said town ; but as it appears that several
of the said houses and buildings have been omitted ; that many of
the fixtures, particularly those in the Strll-house of Harnett and
Washington, have been totally overlooked ; and the said valuers
declared that they did not include the fences and inclosures in their
valuation ; this Committee have

Resolved, That the said valuation is incomplete, inasmuch that
this order has not been complied with; and it is further

390 COLONIAL RECORDS.

Resolved, That John Cheeseborough, Andrew Ronaldson, James
Blythe, Geo. Jacobs, Malatia Hamilton, VCm. Purviance and Henry
Button, (or any three of them), be empowered to value all the said
houses, buildings and inclosures in the said town, on oath ; and that
they be sworn before they enter upon said business; and that they
value the houses of C. Harnett, Esq., above the town, and those of
Wm. Hooper Esq., and the late Dr Green, below.

[From MS. Records in Office of Secretary of State.]

Letter from Josejili Hewes delegate in the Continental Congress to

Samuel Johnston.

Philadelphia 6"" Jan- 177G.
Dear Sir,

I wrote to you two days ago by two ]\Iinisters of the Gospel who
are sent by order of Congress to the '^^^estern parts of North Caro-
lina, where some of the inhabitants we are told are pursuing meas-
ures hostile to the friends of America, they are to endeavour to
prevail on those people by reason and argument to become active
in support of those rights and privileges which belong to them in
common with the rest of the Inhabitants, I hope their well meant
endeavours will be useful to our Province,

In your favor of the 5* of November tlie only one I have received
from you I observe the plan you adopted to get arms and ammu-
nition and your wish that the general Association had not been
infringed. I have often wished the same thing, the Congress having
adopted and pursued a similar mode and on a much larger scale,
however, altho we have not yet reaped much advantage from it. I
have altered my mind on that subject and am now perfectly recon-
ciled to it from a Conviction that our utmost efforts in every way
will barely furnish us with a sufficient quantity of those necessary
articles.

Some of the Zealous City politicians are alarmed at the arrival of
a Lord Drummond who came to Town a few days ago. it seems he
is son to the Earl of Perth, has lived several years in New York
Government, is possessed of a Landed Estate in New Jersey, went
to England in November 1774, came out to Boston in a Man of
War in August last, from thence in the same conveyance soon after

COLONIAL RECORDS. 391

to New York. Hail he left the Title of Lord behind him he might
have walked the streets of this City a long time unnoticed, now the
Ej'es of all are upon him and consider him as a Suspicious Char-
acter. In private company I am told he says he was several
months in London and frequently in company with Lord North,
that the ministry are heartily tired of the controversy between
Great Britain and the Colonies, but the pride of the people of Eng-
land will not suffer them to relax, he thinks the matter might be
easily settled; if America would consent to give a very small sum
annually so as to save appearances, England would repeal all the
obnoxious acts and give up more than we ask, he says, Lord North
was astonished at the LTnion and Strength of the Colonies, declared
he did not think it was possible for sucla things to be brought about,
that he had no idea of such resistence. Some people think this Lord
is employed to make overtures to the Congress, others imagine he is
only to sound some of the leading I\Iembers & endeavour to find
out the whole scope design and Views of the Congress, certain it is
he has had private conferences with several Characters of the first
distinction among us, I dont find he has yet Closeted anj^ of the
wise men of the East, however I am not certain of it, my indispo-
sition has kept me from Congress for two days past in which time I
have seen very few members.

A report prevails this day in Town that by some late advices
received to the eastward from England the ^Ministry are determined
to send a large Army to America early in the Spring and land it in
this Province in order to subdue it at all events considering it the
most active in the present Rebellion, this like many other reports,
the talk of a day, wants confirmation, tho all accounts agree (except
what comes from the Lord above mentioned) that administration
will make one grand eftbrt in the Spring to subdue the Colonies,
therefore it becomes necessary for us to provide for the event, we
have Fifty three Regiments raised and raising each to consist of 728
men officers included, to this Strength j'ou may add twice the num-
l)er of Regiments of well regulated Militia, some of our Regiments
are in Canada and more must be sent there. I will trespass no
longer upon your patience than to request you to present my Com-
pliments to M" Johnston and famih'.
I am Dear Sir

Your mo. obed. hum Serv

JOSEPH HEWES.

392 COLONIAL RECORDS.

[B. p. R. O. Am. & W. IND. Vol. 280.]

Letters from .John Stuart, Indian Agent etc., to the Earl of Dartmouth.

Saint Augustine, G"" .Jan''^, 1776.
My Lord,

*********
The Commissioners appointed by the Continental Congress to
manage Indian Affairs in the Southern District have returned from
Salisbury in North Carolina Avhere they met and consulted with the
Commissioners appointed for the Northern District, the result of
which is to call a meeting of the Cherokees at Fort Charlotte the
16"^ of April and of the Creeks at Augusta in Georgia the 1" of
May. I liope my Influence will prove superior to theirs and I shall
employ it all in counteracting them. I submit abstracts of Sir
James Wright's Letters containing the above Intelligence.

I have the honour &c.,

JOHN STUART.

Saint Augustine, S'" .Jan'^ 177G.
My Lord,

Since my letter N° 33, dated 5"' current, I have received Dispatches
from j\r Cameron in the Cherokee Nation with Intelligence that 62
Cherokees are within a day's journey of this place on their way to
see me.

By the enclosed Extracts and Copies of different letters I liope it
will appear that M^ Cameron has exerted a great deal of influence
and address with much sjjirit and Judgment. The offers which he
rejected as well as the threats thrown out against him have proven
equally ineffectual for preventing his doing his Duty and faitlifully
discharging the trust reposed in him. [The Cherokees under the
trying circumstances of hunger and nakedness stand firm in their
attachment to his Majesty and reject all the temptations thrown in
their view. The Talk given to tlie party sent her* as well as their
undertaking so long a journey at this season shows their Fidelity to
His Majesty and confidence in me. Nothing in my power shall be
wanting to reward and encourage their disposition.

The Commissioners for Indian Affairs appointed by the Conti-
nental Congress havi' it in charge to seize the persons of the Super-

COLONIAL RECORDS. 393

intendauts and their Dejiuties. The Complement I shall return if
in my Power.

I find it Avill be absolutely necessary to employ proper persons to
assist the Agents in the different Nations in supporting the King's
Interest and carrying his Orders into Execution, for eveiy practica-
ble measure will be pursued by the Rebels to debauch the minds
and alienate the affections of the Indians.]

I have the honour etc.,

.JOHN STUART.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Tuesday, January 19th, 177G.

At a meeting of this Committee.

Present: William Wilkinson, Deputy Chairman ; Corn's Harnett,
A. Maclaine, Jno. Forster, John Kirkwood, Will. Ewins, H. Black-
more, Jona. Dunbibin.

Resolved, that Jacob Phelps, one of the pilots in this river, be
emploj^ed with his boat, to carry freight and passengers between
Wilmington and Brunswick, and no further, without permission;
and that the said J. Phelps do not presume to take any passengers
or freight, without the leave of one of the two committees of the
said towns, or the commanding officers of the forces at Brunswick
or Wilmington ; and it is recommended to the people in general,
that they employ the said Jacob Phelps' Boat only, as a passage
boat ; and it is further Resolved, that no other person, but such as
the said Phelps may employ, shall have liberty to carrj- any freight
or passengers to Brunswick, withotit the leave of this committee, or
the commanding officer at W^ilmington, to the end that such persons
as may have inimical designs against the country, may be prevented
from carrjnng intelligence to the Governor or Ships of War.

Resolved, that Jonathan Swain, another of the pilots, have liberty
to remove with his familj^ from his usual place of residence, about
two or three miles back ; that Benjamin Bill may be employed, if
he thinks proper, on board the Provincial Ship, but that he shall
not have liberty to go to his usual place of residence, and that
Thomas Gallowav continue at some convenient place near the New
Inlet, in order to be ready to pilot in any vessels which may be

394 COLONIAL RECORDS.

allowed to trade in this province, and that it be recommended to the
Provincial Council and Committee of Safety for Wilmington district,
to make an adequate allowance to the said Thomas Galloway
towards the maintenance of his family.

Ordered, That Mr. John Forster, receive all the Saltpetre, Lead-
and Brimstone, in "Wilmington, and that he give receipts for the
same : And that -is. per lb. be allowed for all saltpetre.

[Reprinted from American Archives. Vol. 4. Page 452.]

Extract of a Letter from, a Midshipman on Board His Majesty's
Ship rWer, commanded by Captain Squire, dated .January 9"' 17G6.

December 9. — Our troops, with about sixty townsmen from Xor-
folk, and a detachment of sailors from the ships, among whom I had
the honour to march, set out from Norfolk to attack, once more, the
Rebels at the Great-Bridge, who had been lodged there some time,
and ];)ad erected a breastwork ojiposite to our fort on their side of
the river, ^^'e arrived at the fort half an hour after three, in the
morning, and after refreshing ourselves, prepared to attack the Rebels
in then' intrenchments.

Captain Squire, ever read}' to assist my Loi'd in the publick cause,
liad sent his gunners and men to manage two pieces of caimon who
were in the front, and ordered to begin the attack. But how can it
be supposed, that with two hundred men we could force a strong
intrenchment, defended bj' at least two thousand? Yet this was
attempted, and we marched up to their works with the intrepidity
of lions. But alas! we retreated with much fewer brave fellows
than we took out. Their fire was so heavy, that, had we not re-
treated as we did, we should every one have been cut off. Figure to
yourself a strong breastwork built across a causeway, on which six
men only could advance abreast; a large swamp almost surrounded
them ; at the back of which were two small breastworks to flank us
in our attack on their intrt nchments. Under these disadvantages,
it was impossiljle to succeed ; yet our men were so enraged, that all
the entreaties, and scarcely the threats of tlieir officers, could pre-
vail on them to retreat, which at last they did. The cannon were
secured within the fort. Wo had sixty killed, wounded, and taken
prisoners; among wliom were the gallant Captain Fordice of tiie

COLONIAL RECORDS. 395

Grenadiers of the Fourteenth Brigade, Lieutenants Najiier and
Leshe, and Lieutenant Batut wounded and taken prisoner; men all
universally esteemed, and for whom all shed tears; we set out on
our return to Norfolk ahout seven o'clock in the evening, at which
place we arrived at twelve, and the soldiers were embarked on board
vessels prepared for that purpose.

December 14. — The Rebels having now nothing to obstruct their
passage, arrived and took possession of Norfolk, and in the evening
saluted us with a volley of small-arms; which, the next morning, I
was sent on shore to their Commander, to inform him that, if an-
other shot was fired at the Otter, they must expect the town to be
knocked about their ears.

January 9. — The detested town of Norfolk is no more ! Its de-
struction happened on New Year's day ! About four o'clock in the
afternoon the signal was given from the Liverpool, when a dreadful
cannonading began from the three sliips, which lasted till it was too
hot for the Rebels to stand on their wharves. Our boats now landed
and set fire to the town in several places. It burnt fiercely all night
and the next day ; nor are the flames yet extinguished ; but no
more of Norfolk remains than about twelve houses, which have
escaped the flames.

[B. P. R. O. Am. & W. IND.: No. Carolina. Vol. 222.]

Letter from Maurice Moore to Governor Martin.

Wilmington, January 9'*', 1776.

SlE,

It appears from the King's speech to Parliament of the 20"' of
October last, that every military operation which will probably be
pointed against America in the Spring, are founded on the principal
of retaining the constitutional dependance of the Colonies, and pre-
venting them from establishing an iudependant Empire of their
own. I am further confirmed in this opinion by a passage in Lord
North's speech to the House of Commons (which D' Cobham assures
me he saw) in which he says that administration wishes, for no
more than that the Colonies should be put upon the same footing
they were in the year 17G3. If I am right in my construction of
His Majesty's speech, I wish your Excellency would give this
unhappy Colony an opportunity of renouncing every desire of

396 COLONIAL RECORDS.

independancy on the parent state, and asking the favoui* of its sov-
ereign, and a reconcihation with their fellow-subjects at home on
the terms Lord North says administration will be satisfied with. I
verily believe, Sir, should your Excellency think it proper to call an
Assembl}^ it will be found to be the sense of this Province, that it
is the duty of all the Colonies to submit and to return with cheer-
fulness to the same political condition they were in in the year
1763. I wish your Excellency would favour me witli your senti-
ments on the subject of my letter as soon as may be.
I am, Sir, your Excellency's

Most obed' & most hum'"''' servant,

M. MOORE.

[Reprinted from the American Archives. Vol. 4. P. 116.]

Proceedings of the Virginia Convention, thanking North Carolina
for military assistance.

"Wednesday, January 10"", 1776.

The President laid before the Convention a Letter from the Coun-
cil of Safety for the Province of North Carolina, informing the Con-
vention that they had sent orders to Col. Howe, commander of the
Troops at Norfolk, to remain in this Colony with the Carolina
Troops as long as the public service might require, or until it should
be absolutely necessary to recall him for the defence of their Prov-
ince, and had directed him to receive all his orders respecting his
operations whilst in this Colony from the Convention or Committee
of Safety.

Ordered, That the President be desired to write to the Council of
Safety of North Carolina, acknowledging the receipt of their very
polite Letter, and thanking them for the assistance afforded this
Colony against the enemies of America.

[Reprinted from American Archives. Vol. 4. P. 980.]

A Proclamation by Governor Martin.

Whereas a most daring, horrid and unnatural Rebellion has been
exerted in the Province against His Majesty's Government, by the

COLONIAL RECORDS. 397

base and insidious artifice of certain traitorous, wicked and desiirn-
ing men, and the same is now openly avowed and declared, and
actually threatens the sole subversion of the laws and Constitution
of the .said Province, and the liberties and privileges of His Majestj''s
subjects, inhabitants thereof, I have thought fit to issue this Procla-
mation, hereby to signify to all His JNIajesty's liege subjects within
this Province, that I find it necessary, for the safety and preserva-
tion of the riglits, civil and religious, and for the n:iaintenance of
His Majesty's Government against the said desperate, unnatural
Rebellion, to erect His Majesty's Royal standard and to collect and
unite the force of His INIajesty's people under tlie same, for the pur-
pose of resisting and subduing, with the assistance of the Almiglity,
the said impious and unnatural Rebellion, and to restore the just
rights of His INIajesty's Crown and Government, and the liberties of
his people ; and I do hereby exhort, require and command in the
King's name, all His Majesty's faithful subjects, on their dut}' and
allegiance, forthwith to repair to the Royal standard, hereby promis-
ing and assuring every aid, encouragement, and support to all such
as shall come to vindicate and support the violated laws and Con-
stitution of their country; &t the same time pronouncing all such
Rebels as will not join the Royal banner, Rebels and Traitors; their
lives and properties to be forfeited. All such as will join shall be for-
given any past offences, even admitting they had taken up arms,
not doubting that every man who knows the value of freedom and
the blessings of a British subject, will join his heart and hand to
restore to his country that most glorious, free and happj^ Constitu-
tion and form of Government, which the most desperate and aban-
doned Traitors only can wish to disturb or alter; or, in times of
danger, like the present, forbear to hazard everything that is dear
to support it.

Given under my hand and seal-at-arms, on board His Majesty's
Sloop Scorpion, in Cape Fear River, this 10"" day of January 1776,
and in the sixteenth year of His jMajesty's reign.

JOSLIH MARTIN.
God save the King.

398 COLONIAL RECORDS.

[B. P. R. O. All. & W. IND.: No. Carolina. Vol. 322.]

Letter from Governor Martin to Maurice Moore Esq.

ScoKPiox Sloop of War in Cape Fear River,

January 11'" 1776.
Sir,

I have received your Letter of the 9"" inst: by M"' London, which
as the letter of an individual uj^ion a very great and important pub-
lic business, I answer as such, wLshing at the same time you had
informed me whether you have any, and what authority from the
People of this Country to desire an opportunity through the General
Assembly to express their duty to their Sovereign, and desire of His
Majesty's favour, & to renounce the design of indepeudance; as it
would have brought the consideration of such a measure as calling
the Assembly more immediately to my miiid.

The King's speech of the 2(3"' day of October last to which 3'our
letter refers, is full of magnanimity and benificence, and with the
utmost stretch of tenderness widely opens the gates of mercy to
receive His ^lajesty's deluded subjects in America, who sliall return
to their allegiance and to obedience to lawful Government. On my
part I do assure j'ou I shall be most happy to give the People of
this Country every opportunity to avail themselves of the royal
benignity; but I can make to mj'self no rule of conduct upon Lord
North's speech seen by D' Cobham in a Newspaper, nor propose any
particular terms of accommodation, other than submission to the
constitutional powers of Government except what were contained in
tlie resolution of the Hi use of Commons in the last Session of
Parliament.

If the People of this Colony are desirous to return to their duty
to their Sovereign, they will furnish me with the best, evidence of
such good inclinations by instantly dissolving all the combinations
of rebellion among them; disbanding th6 men they maintain in
arms to resist His ]\Iajesty's authority (who arc now actually
employed in doing the most violent and oppressive injuries to tlie
King's loyal and faithfull people) and by restoring tlie powers they
have usurped to the cliannels of lawful Government ; that are pre-
liminary stipulations on which I shall insist previous to the con-

COLONIAL RECORDS. 399

sideration of calling an Assembly, and which a Peoiile disiiosed to
return to their duty cannot hesitate to comply with.

While I am upon the jjleasing subject of reconciliation with you,
I cannot forbear adding one word more. I am in sj^ite of all the
misrepresentations of passion and party as sincere a friend to the
real interests of America, upon constitutional principles, as the most
zealous of her patriot sons. I therefore tremble for the ruin to which
they are precij)itating her, they are urging on a most dreadful crisis,
that must involve this Continent in calamities beyond the compute
of human imagination: I wish therefore in tenderness to the People
of this Country in whose fate I feel myself more peculiarly inter-
ested, that they may consider timely and without a moments delay,
the dangerous principles on which they stand, and of the glory and
advantage thej' may obtain by taking the lead in returning to their
duty, and restoring peace to this unhappy land.

Perhaps a personal communication with you may lead me to a
better Knowledge of the present dispositions of the People of this
Country than I can receive from your letter. And if you are of
that opinion I shall lay every avenue open and give every facility to
the meeting any propositions which may tend to the restoration of
Peace to this Province. I am Sir, &c.,

JO. MAR rix.

Letter from Governor Martin to Lord George Germain.

LoNCi Island, near Xew York,

May 17'" 1777.
My Lord,

I have the honor to inform your Lordship, that on a review of
my Carolina Papers, which mj^ returning health has enabled me to
make, I have met with a kind of conciliatory overture, that I
received in the month of January 1776, and as I have heard it has
been misapprehended l:iy some persons here, I think it proper to
communicate it to your Lordship, even at this late period, to obviate
the possibility of misrepresentation altho' I considered it of too
trifling a nature to deserve notice in the proper order of time.

The proposition my Lord to which I refer, is contained in a letter
from M' Maurice ]\Ioore, of which, and of my answer thereto, I
have the honor to enclose Copies to your Lordship herewith. I am
to inform your Lordship that ^NP Moore's letter was brought to me
by a person who acquainted me it was wished my answer might be

400 COLONIAL RECORDS.

calculated for the inspection of the Committee of Wilmington
which it was supposed it must necessarily undergo, from the same
messenger I understood it was the great object of M' Moore by this
letter to open a way to a personal interview with me, in which he
intended to communicate a plan he had formed for the accommo-
dation of the differences subsisting between Great Britain and her
American Colonies. Knowing the man to be a most whimsical
visionary in politicks, & that he was strongly tinctured with repulj-
.licanism, imbibed, it may be supposed, in his education in New
England I conceived no great hopes mj- Lord I confess, that any
admissible plan of reconciliation could proceed from liim. I had
my doubts too of his being authorized at all, or that he would be
trusted by the People of the Colony to negotiate for them. For
although his parts and extensive connections in the Country, gave
him pretentions to considerable influence in the Assembh' of that
Province, it was -remarkable, that his caprice, and fickleness had
always disappointed his ambition to take the lead in that Branch of
the Legislature, insomuch that it is averred, he has never carried a
single point there of any importance, in a course of ui)wanls of
twenty years service, which is the more surprising as he has been
evermoi'e a zealous votary of the bubble popularity. His part in
the present rebellion was long as undecided, as liis political conduct
has been on all other occasions. For after entering two of his sons
in the rebel Army, he has affected to speak at times with disappro-
bation of violent measures, as I have heard.

I have thought it j^roper to give your Lordship these lines of M'
Moore's character, and before I take leave of the subject, it is neces-
sary I inform your Lordship that owing to the neglect of my mes-
senger, who trusted my answer to M' Moore to another hand, it did
not reach him until the Loyalists were in motion, so that I heard no
more of him nor of his political speculation.s, which I have no
doubt will be found, if ever they come to light, as wild as anything
the frenzy of tlie present times has produced, but although this was
my opinion from the beginning, I thought it advisable to shew every
disposition to receive favourably whatever advances were made
under tlie sanction of the People, that looked like desire to return
to their duty, and I flatter )ny.self that your Lordshii) will think
that I acted correspondingly, and tliat I gave as much encourage-
ment to M' Moore's proposition as it deserved, or \\as consistent with
mv dutv.

COLONIAL RECORDS. 401

As I consider it nifiy be hereafter of publick utility that your
Lordship should know how little strength Governnient has derived
from Patent Offices executed by Deputies in the C'olonies, I have
the honor to transmit to y' Lordship herewith, the copy of a letter
I received from M"' Samuel Johnston, Deputy Naval Officer of North
Carolina, in answer to a letter of mine suspending him from his
Office, of which your Lordship will also receive a copy. I mean to
give it as an instance to your Lordship, that the Deputies of such
-Officers acknowledge no dependance on or relation to Government,
.whence it happened often I have no doubt, as in the case of M''
•Johnston always, that the weight derived from these Offices was
employed to embarrass instead of aiding Government, which thus
forged arms against itself. ^L Johnston, my Lord, had a good pri-
vate character, in deference to whicli and to the opinion of some of
his friends that he would take a part of moderation, I forbore to
suspend him until he appeared as IModerator of a Provincial Con-
gress, and accepted from that illegal Assembly the Office of Treas-
urer of tha Colony, notwithstanding I had found him uniformly in
opposition to every measure of Government during my administra-
tion. This Gentleman, my Lord, was educated in New England,
where, as in the other case I'have mentioned, it may be supposed he
received that bent to Democracy which he has manifested upon all
occasions, and more especially and most criminally in contending
as a Lawyer, as confidently as ignorantly against the legality' of the
exercise of the acknowledged Prerogative of the Crowii to constitute
Courts of Judicature, at a time the Assembly perversely rejected
repeated opportunities to establish Courts by laws of their own,
through obstinate adherence to an inadmissible provision that
applied only to particular circumstances, thus becoming a principal
instrument of dethroning Justice in North Carolina, full two j'ears
before the total subversion of Government, by Rebellion, which in
that Province, may almost be said to have been forerun by anarchy.
It is certain however that the Assembly wanted not the countenance
of a Lawyer's opinion to renounce the choicest blessings that should
flow from Prerogative. The ever indulgent concessions w'^ the gen-
erosity of Government was wont to make to these froward people,
my Lord, almost in everv instance that they contended, they as
ungratefully as presumptuously ascribed to other causes and it was
become a maxim with them that they had only to oppose obstinately
any regulation of Government to have it revoked. In- short, my
VOL. X — 26

402 COLONIAL RECORDS.

Lord, the compliance of Government had reduced it to a very Phan-
tom in the Colonies, while the continual usurpations of the Assem-
blies had drawn all real power & energy into their own hands, 'til
at length in the fulness of vanity, they wantonly tired of that rela--
tion to Britain to which they owed all their prosperity.

In all the Colonies except the Floridas I believe my Lord, but in
North (?arolina I am sure, the Assemblj' had arrogated such abso-
lute authority over the public money, with regard to the custody
and disposal of it, that the King's Governor, in the greatest emer-
gency could not draw a shilling out of the Treasury a circumstance
which I presume to mention to your Lordship as one that in my
humble ojiinion may deserve attention at the restoration of the
King's Government in the Colonies, when I conceive it will be
on all accounts advisable to reserve to His Majesty's Governors the
right of appointing the Provincial Treasurers.

Having been led my Lord to take notice that the power of the
Crown to constitute Courts of Justice in the Colonies had been called
in question, I think it proper to observe to your Lordshijj that expe-
rience hath evinced the utility if not the necessity of erecting Courts
of Judicature in these Provinces by the Prerogative. Wherever
those first institutions of Civil polity h^ave been left to the Assem-
blies to form, thej' are either very imperfect, or depending on tem-
porary laws as in North Carolina, the Administration of Justice has
been liable to total suspension from some caprice of the Assembly
in relation to them. In this Province of New York where the
Courts have been established from the beginning by the power of
the Crown tliey have never known an interruption of the course of
Justice. They are modelled and regulated as nearly as possible
upon the Plan of the King's Courts at "Westminster. The Assembly
has been wisely contented to enjoy the benefits of these institutions,
and hath never offered to interfere with them further than to regu-
late their j)roceedings in certain cases by Laws on account of some
local necessity.

Although the very high and iujportant department your Lord-
ship now fills will necessarily have turned your attention more par-
ticularly towards Colony affair."*, it cannot be doubted that your
Loi-dship's general knowledge of things must have made you ac-
quainted with the feebleness of Government in these Provinces and
have shewn to your Lord.sliip how much it has favoured, if it may
not be said to have induced the present crisis. And as at the res-

COLONIAL RECORDS.

toration of order, it may become matter of your Lordship's contem-
plation how to strengthen it sufficiently I most humbly beg leave to
suggest one expedient that may be employed with great good efiect
in North Carolina. It is my Lord to abolish the Office of Clerk of
the Pleas that is an absolute sinecure ; and to vest in His Maj : Gov-
ernor the power of appointing Clerks of all the Courts as well infe-
rior as superior ; heretofore it belonged to the Officer above men-
tioned, bjr the tenor of His ^Majesty's appointment, to consti-
tute both the one and the other. But the Court Laws have
alwaj's vested in the Chief Justice the appointment of the Supe-
rior Court Clerks which the Lords of Trade objected to and by
their Lordships' letter bearing date December 12"' 1770, instructed
M"' Tryon then Governor of N° Carolina to take care when the sub-
sisting Court Laws should expii-e to have that power reserved to His
^Majesty's Governor. "With infinitely greater reason and advantage,
my Lord, the right of appointing the County (or inferior) Court
Clerks should reside in the same hands. These Officers of which
there is one in each County soon acquire an ascendency over the
majority of their respective Counties, and by the manifold duties
which the Laws have accumulated, upon them, obtain a prevailing
influence over the people. Hence it happened my Lord that as
many of them as pleased got into the Assembly where they were
almost constantly formed in opposition to Government, requiring no
sort of obligation for their emi^loyments. The Office of Clerk of
the Pleas has been always odious and his j^ower has never been
properly acknowledged in North Carolina. The County Court
Clerks who have accepted his Deputations, have done it rather
through courtesy than any sense of necessity', for it has been con-
tended that the power of appointing Clerks was legally vested in the
Courts, and the Clerk' of the Pleas has found it his interest to com-
pound for the admission of his authorit}' upon any terms, glad to
stipulate with his Deputies for a small portion of their annual profits;
if his authority had been thoroughly established, it would have been
an advantage to him as it would have enabled him to farm his
Offices to the best bidders; but that would have been detrimental to
Government which would have borne all the reproach of its Officers
venality. This subordinate Officer of Government called Clerk of
the Pleas, by his Commission has power to appoint thirty three
Clerks in North Carolina, whose employments are worth from two
to five, six and seven hundred jiounds currency per ann : While the

404 COLONIAL EECORDS.

King's Governor there has not a single Office in his disi^osal of the
value of the most contemptible Clerkship. And Government has not
derived a grain of Aveight or influence from these desirable & impoi'-
tant appointments, because they have not flowed from the King's
Governor, in whose hands, where they could not ]je venal, they
would strengthen it exceedingly. In this Province of New York
these Offices have been always in the Governor's disposal. I had
formerly the honor to propose as I have now done, the abolition of
the Office of Clerk of the Picas, and the only objection made to it
was that it would be an hardship to deprive that Officer of his
appointment without imputation of misbelraviour, of which I could
not but feel the force in the case of M'' Strudwick the present Clerk
of the Pleas, who is a man of merit.

Since that time my Lord I found occasion to recommend j\? Strud-
Avick to the Lords of the Treasury for the Office of receiver General
of His ^Lajesty's revenues in N° Carolina in the room of M' Ruther-
ford, who with many good equalities is exceedingly unqualified for
that Office, as His Majesty's Auditor General can inform your Lord-
ship; and if the Lords of the Treasury shall be pleased to accept
mv recommendation of M" Strudwick the Office of receiver General
will be ample com^tensation to him for tlie abolition of that of Clerk
of the Pleas.

It has been already thought advisable, my Lord, that the power of
appointing Sheriffs should be vested in the Governor of North Caro-
lina as it is in this Province V)ut in order thereto it will be necessary
the Law of that Colony of the year 1768 intitled "An Act for appoint-
ing Sheriffs and directing their duly in Office," be disallowed so far
as it relates to the appointment of that Officer, as in eflect it gives
the power of appointing Sheriffs entirely into the hands of the jus-
tices of the Peace who have most shamefully prostituted tliose
important Offices.

Whenever circumstances shall draw your Lordship's attention to
the aiTairs of North Carolina your Lordship will find there are two
Laws of that Province of the year 1774, the one entitled "An Act
for establishing Inferior Courts of Pleas and Quarter Sessions," itc;
the other "An Act to establish Courts of Oyer and Terminer and
General Gaol delivery," &c., to wliicli I assented for the sake of i>re-
serving some show of an administration of Justice, when the Assem-
bly would neither make or admit any better provision for it, that
are fit to be recommended for His Majesty's royal disallowance, since

COLONIAL RECORDS. ' 405

they will otherwise by their own limitation endure to the end of a
future Session of the Assembly'.

jSTotwithstanding all matters relating to the civil Government of
these Colonies must be considered at present as mere subjects of
speculation, I have thought it my duty humbly to suggest to your
Lordship such circumstances with regard to Nortli Carolina, as I
have thought may deserve your Lordship's notice when the time
arrives for reforming the Colony constitutions, that is a most stupen-
dous and important work which seems reserved for your Lordship to
accomplish.

I am to beg your Lordship's pardon for omitting to report in it's
proper place, tliat I found opportunity before I left North Carolina
to signify His Majesty's most gracious pardon to the Insurgents
there except Hermon Husbands pursuant to the Power granted to
me by His Majesty for that purpose.

Captain Innes who was to have been the bearer of my Dispatch
N" G, I find my Lord was detained here by Sir William Howe's
appointment of him to an Office of much utility and consequence.

I have the honor to be, &c.,

JO. MARTIN.

[From M-3. Records i.v Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Saturday January 1'2'\ 1776.

Present: .John Ancrum, Chairman; A. Maclaine, John Forster, J.
Kirkvi'opd, Wm. Ewins, Jno. Sliugsby, J. Dunbibin, Jno. DuBois,
Jas. Geekie, Henry Toomer.

Ordered, That Dr. Geekie supply the following articles for the
use of the Hospital and that he be repaid by this Committee : a
middle size pot, a small ditto, 2 skillets, a water jug, 2 pint mugs,
4 pint bowls, 2 large tea pots, 2 Jardens, | Doz. pewter spoons.

Ordered, That the Chairman write to Ralph Millar, rec^uesting
his attendance on this Committee, and informing him that they are
willing to allow 10s. per day for himself (he finding charcoal and
making 20ft)s powder per day) that he attend as soon as possible to
enter into an agreement for that purpose and take the negroes into
his possession.

406 COLONIAL RECORDS.

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 222.

Letter from Goveraor Martin to the Earl of Dartmouth.

N° Carolina Scorpion Sloop of War

in Cape Fear River Jau^^ 12'^ 1776.
My Lord,

I have the honour to acknowledge the receipt of your Lordships
Dispatches numbered 20, 21, & 22 together with a Copy of your
Lordships letter to Major Geneial Howe of the 22* of October
delivered to me by Captain Furmeany of his Majesty's Shijj Syren
who arrived here on the third instant and proceeded on the Tenth
to the Southward in execution of his Orders having been delayed
here 'till then by contrary winds. Cap' Furmeany took charge of
your Lordship's Dispatches to his Majesty's Governors of the South-
ern Provinces that came enclosed to me, and those for Lord Dun-
more Governor Eden and Governor Penn I had an opportunit}- of
sending to Lord Dunmore l>y a Tender which sailed on Saturday
last.

The measure of sending a body of his Majesty's Forces to the
Succor of the friends of Government here and in the other Southern
Provinces I trust will be attended Avith all the success and good con-
sequences that his Majestjr has been taught to expect from it and I
can only lament that it has not been tried earlier before the King's
loyal subjects had received tlie cliecks and discouragements they
have met with and the Power of Rebellion had become so estab-
lished and formidable.

My Latest information from the interior parts of the Province
whence I have alwa3-s represented to your Lordship that I expected
to draw my principal supjiort corresponds with my warmest wishes.
The people called Regulators (for whom I hoped before this time to
have received his Majesty's Pardon) to the number of between two
and three thousand men have given me tlie strongest assurances of
their joining the King's standard whenever they shall be called
upon although not half of them are provided with arms and I have
no doubt that much greater numbers will be found to resort to it
besides the Scotcli Emigrants. The Progress of Rebellion here, the
concurring good dispositions of a body of the people of the County
of Brunswick in this neighbourhood with the friends of Government

COLONIAL RECORDS. 407

in the back Countiy and the notable exertions of the King's loj-al
subjects at the same time in the upper parts of South CaroUna had
determined me before the receipt of your Lordship's late dispatches
to avail myself immediately of the strength of his jNIajesty's faith-
full subjects in this Province such as it might be rather than hazard
their total subjection to the power of Rebellion by waiting for suc-
cour of which I saw no prospects and I had taken measures accord-
inglj-, but since I am informed by your Lordship of his jNIajesty's
design to send a general Officer here with a body of regular Troops
and that they may be expected in a short time I shall confine my
views to the making everj- possible preparation in my power to
favour and forward the General's plan of Operations, seeing it highh"
improper for me to hazard any check or contretcms by drawing
together the King's loyal subjects prematurely and taking the field
with them unprovided of almost everj' necessary for carrying on
War while I have the assurance and so near a prospect of support
that will certainly render their exertions effectual.

The Scorpion Sloop of war on board which I had taken up my
residence on her arrival here to relieve the Cruizer being ordered by
Captain Thornborough Comm' of his Majesty's Ships in South Caro-
lina to join him immediately under apprehensions of being attacked
by vessels the Rebels were fitted out at Charles Town against him, I
found it expedient while I could effect nothing here to go there in
her not only that Captain Thornborough should have the succour
of the ship in his Emergency but that I might remonstrate her
detention from her station here beyond absolute necessity while
there was so great occasion for her in that Province, and have
oj^portunity at the same time to inform myself -of the measures of
his Majesty's service that Lord William Campbell had most press-
ingly invited me to consult with him upon b}' a letter I had re-
ceived from him some time before. On my arrival at Charles Town
I found Cap' Thornborough had ordered the Scorpion there at the
instance of Lord William Campbell more than from any appre-
hensions he himself entertained of the naval force of the Rebels
and on my representations he ordered her back to her station
here but contrary winds detained us there so long and our voyage
from thence was so tedious that at my return to this Place I had
been a whole month absent, during which I suffered a degree of
anxiety and sollicitude that it is impossible for me to describe to
your Lordship. Happily however nothing had occurred here during

408 COLONIxVL RECORDS.

inj' absence of the least consequence. I had the satisfaction to learu
from Lord WiUiam Campbell who had no particular object to pro-
pose to nic that a most commendable spirit of loyalty prevailed
among the people in the interior parts of his Government [South
Carolina] that they had actually defeated and reduced a large body
of the Rebels to treat and were in expectation of further advantages
if the Rebels from this Country did not interpose which was then
dreaded and I have since had the mortification to hear that they
marched a body of GOO Men under Alexander Martin and Thomas
Polk from the Counties of Mecklenburg and Rowan [North Caro-
lina] who put the Rebels of the Country in suflicient force to disarm
the loyal people who had made so noble a stand and who were col-
lecting strength so fast that they must have carried everything
before them if it had been possible to afford them the least support.
This check of the friends of Government in tliat Province is greatly
to be lamented but I am hopeful nevertheless that they will again
put themselves in motion as soon as I erect the King's standard here
whicit I intend to do in time to hold the King's loyal subjects of
this Province in a state of readiness to join his Majesty's forces now
in expectation immediately on the arrival as nearly- as that event
may be computed.

The informations I have from time to time given your Lordship
of the state of this Province liave been founded on facts and on
representation verified by the best evidence I could obtain in tlie
situation, I have found myself, and whatever may appear to be
the strength aiid dispcsition of the professed friends of Government
here in the day of Trial, I can lay my hand upon my heart and
with confidence declare I have ever most guardedly avoided falling
into any deception myself or misleading your Lordsliip bj' any
representations of mine.

Tliis harbour of Cape Fear River I understand from the Officers
of his ]\Iajcsty's Shi})S now here will receive Frigates drawing not
more tlian six feet water which would at any time be sufficient to
cover tlie landing of any body of Troops, but as no opposition is to
be expected on their landing at i)rcsent it is very immaterial whether
Men of War come into this River or not.

I am extreemly sorry My Lord to have made a proposition in my
own behalf that your Lordslnp thinks it would be unjust to comply
with and liave only to liope that your Lordship will do me the jus-
tice to l)elieve I could never have olTered it if 1 liad viewed it in

COLONIAL RECORDS. 409

that light. I tliought I should have purcha.secl at the dearest rate
hy raising a thousand Men for his Majestj^'s Service at my own
expence, the restitution of the rank I formerly held in the Army,
which I sold for much less than it cost me and onl}' because I was
lingering under the pressure of a long and painfull illness which I
did not expect to survive. Your Lordship may depend I shall not
fail to pay every attention to your dispatches N°' 15 & 19, which last
has not yet reached m\' hands and I shall use my best endeavours
to forward the success of Col : M°Leans lAan of recruiting out of the
Scotch Emigrants here on to obtain them for the American Array in
General.

Having no Amanuensis it is out of nn- power to transmit to your
Lordship duplicates of my last two dispatches which I fear are still
waiting at Charles Town for a Packef, a violent disorder in my
eyes with which I have been affiicted for some days hardly .permit-
ting me to write with my own hand this letter.

I have the honor to enclose herewith the Proceedings of the last
Provincial Congress held in this Colony at large which I did not
attain- 'till very lately. I have the honor, &c.,

JO. MARTIN.

[Reprinted from the American Archives. Vol. 4. P. 118.^

Extract from the proceedings of the A'^irginia Convention.

Friday, -January 12'^ 177(1

* •}:- * * * -;.- -X- * *

The President informed the Convention tliat the Committee of
Safety had inquired into the property of the Brig Faivvj, and that
it appeared to them, from the Register of the said A^essel, that she
belonged to Joseph Hewes, Esq., of North Carolina ; that, from
instructions given John Cunningham, Master of the said Vessel, he
was instructed to proceed in the said Brig to Antigua, to unload his
cargo; and there take freight to any part of Europe, to return with
a load of Salt, as should be thought best by Messrs Joseph and
Samuel Brown, merchants, whose directions he was to follow; that
the said Cunningham produced two charter pai'ties, by which it
appeared he took a freight from Antigua and Grenada to Ireland,
and another from thence, in Government service, to Boston; that
the said Joseph Hewes, Esq., was a member of the General Congress,

410 COLONIAL RECORDS.

and a known friend to America, and wholly a stranger to the ill
conduct of the Captain in taking the injurious freight from Cork to
Boston; and ^^I'aj'ed the opinion of the Convention relative to the
said Vessel and her Freight,

Whereupon the Convention came to the following Resolution :
Resolved, That the said Brig Fanny be delivered to the Proprietor,
on payment of the mariner's wages.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

IMonday, January 15'", 1776.

At a meeting of the Committee.

Present: John Ancrum, Cliairman: Wm. Wilkinson, Dejiuty
Chairman; A. Maclaine, J. Forster, H. Blackmore, 11. Toomer,
James Geekie, John Slingsby, Jno. Kirkwood, Wm. Ewins.

A paper writing containing two sheets .signed, "A Lawyer,'" and
addressed ''To those who have a true sense of distributive ju.stice
and untrameled liberty, residents of the borough of Wilmington"
have been produced by the Chairman, who found it put up to
public view under the Court House, and it having been acknowl-
edged by a certain Wm Green to be liis hand writing and the said
Will Green having made oath that he received the writing from
which it was copied from Dr Fallon, to whom he returned the
original as well as the copy, and the said Dr Fallon in person
having justified the said paper: It is therefore,

Resolved, That the said Dr Fallon appear to this Committee to
be the author and publisher of the said paper.

Resolved, That the said paper contains many false and scandal-
ous reflections on this committee, tending to inflame the minds of
the people; to create division and dissention among.st us by destroy-
ing that unanimity so es.sentially necessary to our mutual defence;
and also containing an illiberal and groundless charge against a
respectable gentleman deservedly iiigli in office in this colony;

Resolved, Also that the said Dr Fallon be kept in close custod}',
until he gave security for his good behaviour for and during the
space of six months, in the sum of £.300, proclamation money.

And (he said Dr Fallon having refused to give such security,
was ordered intn (■u,'-todv.

COLONIAL RECORDS. 411

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Tuesday, .January 16'", 1776.

At a meeting of tlie Committee.

Present: John Ancrum, Chairman; Wilham Wilkinson, Deputy
Chairman; Arch'd Maclaine, John Forsler, Henry Toomer, Herrall
Blackmore, John Slingsby, James Geekie, William Ewins, .John
Kirkwood.

Whereas, the Continental Congress, on the 1" day of November
last, " Resolved, that New York, the lower counties on Delaware,
" North Carolina and Georgia, ought to avail themselves of the ben-
" efit allowed to them by the late restraining act, and therefore, that
" no person should apply at the Custom-houses in those Colonies for
" clearances or other documents, which other Colonies are deprived
" of by said restraining act, for securing the navigation of vessels
" with cargoes from their Ports." It is, therefore,

Resolved, That no person, whatever, do presume to apply to the
Custom-house for clearances, without first obtaining leave from this
or some other Conrmittee for that purpose; and this Resolve be made
public, and a copy delivered to the officers of the Customs.

Resolved, That the resolution of this Committee, passed the 6""
inst., ordering the Custom-house officers not to clear out vessels with-
out leave be rescinded.

Captain Alexander Maclean having gone down to the .ship Crttizer,
and been with the Governor, contrary to a resolve of the Provincial
Council, and also, an order of this Committee,

Resolved, therefore. That he, the said Alexander Maclean be sent
for, to come before this Committee, to answer such breach aforesaid,
and give security for his good behaviour; which he has accordingly
done, himself, James Walker, and Arch'd Maclaine, in the sum of
five hundred pounds proclamation money, for six months, if he con-
tinues in the Province so long.

Ordered, that permission be granted to Captain Butterfield to clear
out his schooner in ballast only. Also, to Captain Bachelder to clear
his brig out, he having nothing on board but ballast and necessary
sea stores. Captain Bachelder also had leave to send a letter to the

412 COLONIAL RECORDS.

Governor, desiring to know if his vessel would be prevented from
going out of this river.

Ordered, that William Wilkinson be appointed to receive all the
Salt Petre, Brimstone and Lead, in the room of John Forster, who
was ajipointed on the 9"" inst. for that jiurposs, and that Mr AV'ilkin-
son give receipts for the same.

Jlessrs. Forster and Geekie having called on Dr. Fallon to know
if he intended to give the security required by the Committee, they
reported to this Committee that Dr. Fallon refused to give any
security.

The Committee adjourned to 5 o'clock this evening.

Tuesday Evening, 5 o'clock.

The Committee met according to adjournment.

Present: John Ancrum, Chairman; William Wilkinson, Deputy
Chairman ; Henry Toomer, H. Blackmore, John Forster, Jona. Dun-
bibin, James Geekie, Arcli'd Maclaine, John Slingsby, Will. Ewins,
John Kirkwood.

Resolved, That Dr. Fallon be continued under guard for the
present time, and that Coionel Moore be recjuested to refuse admit-
tance to any person, but such as he or the officer on guard maj'
think proper; and that Dr. Fallon be not precluded from tlie use of
pen, ink and papei', but that when the officer on guard may think lie
has any letters to send out, and requests admittance for anj- partic-
ular person, such person may be admitted for so long a time as the
officer may think proper, but that such person be carefully searched
on liis departure, and any letters that may be found upon him, to be
carried to the commanding officer.

The CJommittee adjourned.

[Reprinted from the American Archives, Vol. 4. P. 699.]

Letter from Ahxjor General William Howe to the Earl of Dartmouth.

Boston, January IG"', 177G.
The necessary arrangements being made for the departure of
Major General Clinton to Cape Fear, in consequence of your Lord-
si lip's dispatches of the 22'"' October, he is ready to sail in the Mcr-
niri/, shij) of Avar, with the Fd/coii, sloo[i, and two transports, having

i

COLONIAL RECORDS. 413

on board two Companies of Liglit-Infantry, and some Highlanders;
tlie latteivl hope may be useful in getting men in Nortli Carolina,
if Governor Martin is not deceived in his expectations, of which I
do not presume to judge, having received no direct intelligence from
thence since General Gage's departure; nor have I received Governor
Martin's letter referred to in your Lordship's letter of 22"'' October.

It is much to be wished that the troops had sailed from Europe
in time to have arrived at their destination by the middle, or latter
end of November ; but I am free to own my opinion to your Lord-
ship, which has been, to leave the Southern Provinces in the fullest
jjersuasion of their security, until the Rebels should have been
defeated on the side of New York; Avhich event appears to me,
more clearly than ever, of so much consequence, that our utmost
strength should be exerted to accomplish it before designs of less
importance are taken up, inconsistent with the general plan of oper-
ations for the ensuing campaign ; and it is to be i^resumed the
Southern Rebels would have been less able to defend themselves,
had thej^ not been roused by the conduct of their Governours, who
have not, I fear, the power of suppressing them, or of re-establishing
the interest of Government in any degree.

It is remarkable that the destination of the regiments to the South-
ward was promulgated here by private letters from England, tliat
came in the same ship with your Lordship's dispatch relative to
them ; and I make no doubt of the Rebels being in possession of the
intelligence very soon after it arrived. General Lee, I hear, is gone
for the Army in consequence of it.

With the most perfect re.spect, I have the honour to be your Lord-
ship's faithful and most obedient servant,

WILLIAM HOWE.

[Reprinted fbom the American Archives. Vol. 4. P. 1643.]

Extract from the Minutes of the Continental Congre.ss.

January 16"', 1776.

The Committee on the state of these Colonies brought in a partial
Report, which was read ;

Whereupon, Resolved, That another Battalion be raised in the
Colony of North Carolina in order to defeat any attempt wliich may

414 COLONIAL RECORDS.

may be made in opposition to the measures recommended by the
Continental Congress for the preservation of American Liberty.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at New Bern.
North Carolina

New Bern District. '"

At a Meeting of the Committee of Safety for the Disti'ict of New-
Bern specially called on Tuesday the IG'*" Day of .Januar}- A D
1776.

Present: Col. Richard Cogdell, President; INP Edward Salter, j\P
George Barron, M' William Tisdale, Richard Ellis Esq', Doctor
Alex' Gaston & John 'Simpson Esq'.

George Barron and John Simpson Esquires came into the Com-
mittee, subscribed the Test [)rescribed Ijy the Provincial Congress,
and took their Seats accordingly.

The Committee received by the Hand of John Simpson Esquire,
a Certificate from the Provincial Council in the following words,
to witt.

North Caeolixa ) In Provincial Council

Johnston Court House / ID"' December 1775.

The Council being informed that Roger Ormond Esquire one of
the members, of the Committee of Safety for the District of New
Pern is dead,

It is resolved that John Simpson Esq' of the County of Pitt be
and is hereby appointed a Member of the said Committee for the
District aforesaid in the Room & Stead of the said Roger Ormond
and that lie the said John Simpson be admitted to take his seat
accordingly.

By Order of Council. JA' tiREENE Jvx' Clk.

Ordered tliat that part of the Resolution of this Committee made the
fourteentli Day of December 1775 respecting the Conduct of M'
Cooper in importing salt in the Brigg Dcfuincc contrary to the Re-
solves of the Continental Congress, towilt, " that the said Brigantine

COLONIAL RECORDS. 415

should remain at NewBern until! the Congress should otherwise
determine," be rescinded, and that the Consideration of this ]\Iatter
be laid over untill to Morrow IMorning.

Ordered that Lovey Ellis be allo\yed Ten pounds thirteen shill-
ings and four pence Proclamation Money for four Months Wages
which will be due tlie twentieth Instant, for attending & nursing
the sick soldiers at the Hospital, in Newbern, and that the Southern
Ti'easurer pay the same.

Upon i\Iotion of Mv .John Greene Merchant, Ordered that he have
Leave to ship to Philadelphia in the Sloop Fanny, Nichols Plyman
Master, a Quantity of Naval Stores, Deer Skins, Furr, Hemp and
Indigo, and any other Produce of this Country.

Whereas the General Congress at Philadelphia on the first Day of
November 1775, Resolved that no produce of the United Colonies
be exported (except from Colony to Colony under the Direction of
the Committees of Inspection and Observation, and except from one
part to another of the same Colony) before the first Day of March
next, without the Permi-ssion and Order of the Congress.

This Committee have thought it expedient and necessary that the
several Commodities to be exported should be inspected agreeable to
Law Do therefore Resolve that such Commodities as by the Inspec-
tion Law are required and directed to be inspected, shall be inspected
at the several Ports of Exportation, within this District, and each
Town and County Committee shall require an Inspector's Certificate
for the Produce to be exported, where there are inspectors appointed,
from the Exporter thereof, before Permission is given to vessels to
depart.

Ordered that a Copy of this Resolve be sent to the several Com-
mittees in this District.

The Committee adjourned till to Morrow Morning 9 "Clock.

Wednesday, 17'" .Janu^ 1776.

The Committee met according to Adjournment.

Present: Col. Richard Cogdell, President; Col. John Simpson,
Edward Salter Esq'., Richard Ellis Esq'., M' Major Croom, George
Barron Esq'., Doctor Alex' Gaston & M' William Tisdale.

Ordered that ]\I' David Barron be allowed three pounds Eight
Shillings Proc. Money for seven Cords of Fire Wood, supplied the
Troops in Consequence of an Order of this Committee, and that the
Treasurer of the Southern District pay the same.

416 COLONIAL RECORDS.

Ordered that W David Barron continue to suppl}' the Troops
with Fire "Wood as usual.

Whereas this Committee of Safetj- for this District, at a former
Meeting on the fourteenth Day of December last were informed
upon Oath that AP .John Cooper liad imported in tlie Brigg
Defiance into this Province a Quantity of Salt in Violation of the
Resolves & Association of the Continental Congress, in Consequence
of which Information this Committee caused a Number of Men to
be embodied, who proceeded to Pungo River & took Possession of
said Brigantinc and brought her to New Bern, agreeable to the
Direction of this Committee ; and Whereas there is a great Scarcity
of Salt in this Province, and to prevent any Disputes that may result
from the Destruction of that Article, this Committee

Resolved that the said Salt shall be distributed and Sold in the
following Manner, to witt. Six hundred Bushells shall be laniled and
sold at the Town of New Bern, under the Direction of the Town
Committee, Two hundred Bushells at Woodstock in the County of
Hyde, Eight hundred Bushells at Martinborough in the County of
Pitt, and the remainder at Meherrin in North-Hampton County,
under the Direction of the last mentioned County Committees; and
after paying the Expences aud Charges to Major John Tillman for
bringing said Brigantine into this Harbour, the Net Proceeds shall
be deposited into the Hands of Col. Richard Caswell, the Treasurer of
the Southern District, there to remain untill the Provincial Congress
or Council sliall determine whether the same shall be delivered to
RP Cooper or applied to the Publick.

Ordered that M' John Cooper enter into Bond with sufficient
Security to deliver the aforesaid Salt at the respective Places men-
tioned in the foregoing Resolution, and ,tliat upon Receipts being
produced from the several Committees of the Delivery of the Salt
that the Bond shall be cancelled.

Ordered that Major .John Tillman be allowed Eighty-Eight pounds
five shillings Proc. Money for his and tlie Men's Services embodied
to take into Custody the Brigantine Defiance Ijefore mentioned, as
by his Account sworn to and filed.

On Motion it is Resolved that Lieutenant Henry "\"ipon remain in
this District for tlie Pur[K)8e of Supei'intending the Soldiers and
Works at the Fort at Hanging Point, and keep them tlierc and to
their Duty, untill a Superior Officer arrives.

The Committee adjourned 'till to Morrow Morning 8 o'Clock.

COLONIAL RECORDS. 417

The Committee mett according to adjournment on Thursday the
18'" January 1776.

Present: Col. Richard Cogdell, President; Col. .John Simpson,
Richard Ellis Esq', W William Tisdale, M' Major Croom, Edward
Salter, Esq', M' George Barrow & Doctor Alex' Gaston.

Whereas we have received Information by a Letter from the
Chairman of the Committee of the Town of New Bern that in Conse-
quence of Intelligence thej^ had received from the Committee of
Safety for the District of Edenton, the Property- of M' M°Knight,
wherever to be found, was to be seized ; and Whereas the Committee
for the Town aforesaid, made seizure of a Ship the Property of the
said M'lvnight and others at the Barr, being laden and bound to
Sea contrary to the Resolutions of the Continental Congress, and
caused her to be brought to New Bern, and further that some of the
Effects on Board said Ship had been destroyed, on Motion,

Resolved that it be recommended to the Committee of said Town
of New Bern, and we do herebj' recommend it accordingly, that
they dismantle tlie Ship Belvillc, Store the Materials, have her
moored at a wharf, take the Ammunition outBoard into the j\Iaga-
zine at New Bern, discharge Caj^t. Vaunce and his Men, and Order
the Commanding Officer of the Continental Troops stationed at New
Bern to mount Guard on Board said Ship and s(;e that she does not
depart until Permission is obtained from the Congress or Council of
Safety; and that Capt. Seadlock have Liberty to keep Possession of
the Cabbin of said Ship, until further Proceedings had thereon by
the Provincial Congress or Council of Safety.

Ordered that the Sum of Eight pounds Proc. Money be allowed
M' John Cooke for his services done in this Committee, and that the
Southern Treasurer pay the same, and be allowed in his account
with the Public.

Ordered that this Committee be adjourned untill the Tvrenty-first
day of February next, and notice thereof given in the North Caro-
lina Gazette.

RICH^ COGDELL, Presid

Jn° Cooke Sec''.

A true Copy — By order. Jn° Cooke Sec".

VOL. X — 27

41S COLONIAL RECORDS.

[From ]^I.S. Kecorrs in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Wednesday, .January 17"", 1770.

At a meeting of the Committee.

Present: Jol:in Aucrum, Chairman; W"" Wilkinson, De^juty Chair-
man ; Arch'' Maclaine, Corn' Harnett, Herrall Blackmore, Jonathan
Dunbibin, .John Ivirkwood, Henrj' Toomer, Jno. Slingsby, John
DuBois.

Col. Moore having requested of this Committee to furnish him
with 50 stand of Arms,

On motion Ordered that John Ancrum, William Wilkinson, John
DuBois and Jona. Dunbibin be requested to call respectively on the
inhabitants of this town tomorrow and borrow from them such
guns as they can spare to supply Col. ^loore as soon as possible
with the number of guns he wants, they having such guns valued
and giving proper recei{)ts for them to their owners.

Col. Moore having informed this Committee that he looks ujion
Dr Fallon to be an insinuating and dangerous person among the
soldiers and that he can not, without injuring the common cause
and running the risk of the public safety any longer keep the said
Fallon in the Guard House.

Resolved, That the said Dr. Fallon be committed to the common
jail tomorrow morning at eleven o'clock there to remain until
he make a full concession for his offences to the public and asks
pardon of the Committee for the repeated insults he has in person
offered.

Resolved That Col. Moore be requested to order a guard to attend
near the jail and to give strict orders that the soldiers shall not
converse with Dr. Fallon, that no person shall be admitted to S})eak
to him but l)y leave of the officer on guard, and that no letter or
writing be suffered to be sent out by the Doctor without the in.si5ec-
tion of such officer.

The Committee adjourned.

Thursday, January IS'", 177(1

At a meeting of the Connnittoe.

Present: William Wilkinson, Deputy Chairman; Henry Toomer,

COLONIAL RECORDS. 419

John Slingsb}', John Forster, Arch** ^Laclaine, James Geekie, William
Ewins, Jona. Dunbibin.

A letter from John Ashe, Esq., to Dr Fallon, requesting the Doctor
to attend his family, being laid before this committee, in answer
thereto,

Resolved, that a copy of the Resolves of this committee relative
to Dr Fallon be enclosed by the Secretary to Colonel Ashe.

The committee adjourned.

Saturday, January 20"", 1776.

At a meeting of the committee.

Present : John Ancrum, chairman ; Wm. Wilkinson, deputy
chairman; Henry Toomer, John Forster, Arch^ Maclaine, John
DuBois, James Geekie, John Kirkwood, H. Blackmore.

On the application of William Gause and others, in behalf of
themselves and the inhabitants of Chalottee and Lockwood's Folly,
setting forth their apprehensions of danger from the people of Wag-
gaman, and requesting of this committee a small supply of powder,
to enable them to act in their own defence in case they should be
attacked.

Ordered, that 20 ft)S. of Gunpowder be supplied to William Gause,
from the stock of this Committee, for the use of the inhabitants of
Lockwood's Folly and Chalottee, when the said Gause applies for
the same.

Whereas, this Committee on the 17th inst., issued a Mittimus to
the Sheriff of New Hanover County, requiring the said Sheriff and
the keeper of the jail, safely to keep the body of James Fallon,
until he should give sufficient security for his good behaviour to the
public, for the space of six months in the sum of £500 prock money ;
and until he should make a full concession for his offences to the
public, and ask pardon of this Committee for the repeated insults
which he has in person offered. And, whereas, it appeal's to this
Committee that the prison door has been kept open, and all such
persons as applied for admission to Doct'r Fallon have had liberty
to enter; and the said Dr. Fallon has been permitted to write Letters
and send them out witliout any inspection, although in one of those
Letters to the Shei'iff he C'>ntinues to repeat and justify his offences,
and as the intention of imprisoning the said Dr. J. Fallon was to
prevent him for the future from disturbing the peace of society ; this
Committee have

420 COLONIAL RECORDS.

Resolved, That the Sheriff and jailor give strict orders that no
person be admitted to Dr. Fallon, (except in case of sickness) but a
servant to carry him necessaries, and keep his department clean ;
and that the said Fallon shall not be suffered to send out any letters
or writings but such as may be approved of, bj' this Committee, or
the commanding officer of the forces, and that the prison door be
kept locked.

Ordered, That a copy of the above be sent to the Sheriff.

Resolved, That a Resolve on the 18th inst., to send copies of the
proceedings of this Committee to John Ashe, Esq., be rescinded.

Saturday night, 9 o'clock.

At a meeting of the Committee.

Present: John Ancrum, Chairman; Wm. Wilkinson, Deputy
Chairman; John Forster, Llerrall Blackniore, John Kirkwood, Dr.
Geekie, Arch'd Maclaine, Jno. DuBois, Wm. Ewins, Henry Toomer.

Resolved, That it be recommended to the commanding officers of
the Militia in Wilmington, to warn their companies to be ready at
the Court House to-night completely accoutred at the beat of the
drum.

[Reprinted feojiI the American Archives. Vol. 4. Page 812.]

Letter from Major-General William Howe to the Earl of Dartmouth.

Boston, January 22'"', 1770.
My Lokd :

I have the honour to inform your Lordship that His Majesty's
ship. Centurion, arrived the 18"" instant, and that she spoke three
weeks ago with the Arrjo, transport, haying three companies of the
Forty-Sixth Regiment on board, in good health at that time.

Major-General Clinton sailed the 20"", in the morning, in the
Mercury, (frigate), the Falcon (sloop), being before sent directly to
Cape Fear to wait the arrival of the transports. A copy of your
Lordship's dispatch of the 22'"* October, is given as the principal
guidance of his conduct, while local circumstances, and good intelli-
gence, determine him in pursuing the main objects of his expedi-
tion. He has blank commissions for his officers, in case it should
be found at any time advisable to embody I'rovincials for the ser-
vice; and I have sent commissions to three gentlemen who have

COLONIAL RECORDS. 421

been loug in North Carolina, to secure the attachment of the High-
landers settled in that Colony, on a promise from General Gage, that
they should have appointments in the Second Battalion of Royal
Highland Emigrants, to bo formed as soon as the first was known to
be completed, which it has been for some time, as appears by col-
lecting all the returns received in their dispersed situation.

In prosecution of General Gage's intentions, I have likewise issued
commissions to two Captains in this corps, who have actually raised
their companies in Nova-Scotia, and to two others who have been
employed on the regiments duty, and whose complement of men
appears, also, to be raised. However, I shall proceed no further in
forming the Second Battalion, until more certain accounts of their
success in recruiting are received ; and as I am furnished with no
particular instructions concerning this corps, I could wish to be
honoured with His Majesty's commands relative thereto.

Robberies, and house breaking in particular, had got to such a
height in this town, that some examples had become necessary to
suppress it. Two soldiers, late of the Fifty Ninth Regiment of Foot,
have been tried, convicted, and sentenced to suffer death, for break-
ing into and robbing the store-house of Messrs. Nathaniel and
AVilliam CofHn; one of them has suffered; the other, Thomas Owen
as a young offender, and having other circumstances to plead in his
favour, I have thought proper to reprieve, conforming to the power
expressed in my commission, as follows: "We giving you power to
reprieve any person under sentence until our pleasure be known."
And I humbly entreat your Lordship to recommend the said Thomas
Owen for His Majesty's Royal pardon. I am &c.

W. HOA¥E.

[From MS. Records in Office of Secretary op State.]

Proceedings of the Safety Committee at "Wilmington.

Monday, January 22''^ 1776.

At a meeting of the Committee.

Present: William Wilkinson, Deputy Chairman; John Forster,
James Geekie, Will. Ewins, H. Blackmore, .John Ivirkwood, Henry
Toomer, Jona. Dunbibin.

422 COLONIAL RECORDS.

Dr. Fallon having applied by letter to the Chairman of this Com-
mittee for a copy of a paper writing signed ''A Lawyer," and the
proceedings of the committee against him,

Ordered that the Secretary supply Dr Fallon with a copy of pro-
ceedings of this Committee against him as author of a certain paper
signed "A Lawyer," but not with a copy of the said paper.

The Committee adjourned.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safetj^ Committee in Pitt County. •

Martixborougii, '23'' January, 1776.

The Committee mett.

Ordered that certificate issue to Capt Arm.strong for his Company
of minit men, and tliat the Chairman assign the same as soon as the
services Directed are performed.

On motion Major Geo. Evans have leave to Raise a company of
Volunteers in this County the company to choose their Commis-
sioned Officers and to train twelve months to march upon orders
Received from the Provincial Congress or such part in autliority
under them, to be paid and provided for when ordered into actual
services by those who have authority over them & they be exempt
from working upon tlic Roads.

Adjourned till to morrow.

Mett according to adjournment.

Mr. Chairman produced a Receipt from discharging this county of
a former contract with Capt. Paul White for ammunition and
ordered to be filed.

Ordered that Mr Chairman give a Receipt for arms Received
from Mr Robt Jameson for the use of the Continental Army.

Received from the Committee of Safety Resolves for the Lihabi-
tants of this Court to sign the Association & Test, & likewise from
the Council of Safety the same, & Recommended to the several
Capt. of the Militia to see it put in force & that the Clerk furnish
each Cajit. witli a copy of the list.

COLONIAL RECORDS. 423

Mr Chairman laid before the Committee a letter from the Com-
mittee for the District of Newbern relating to John Tison. Ordered
to be filed.

Mr. Chairman produced a Receipt from Majors Batton & Gorham
for a Quantity of ammunition. Ordered to be filed.

Mr Chairman reported that he Rec^ 150i yds [ ] came in

the sloop Temperance & ordered that tlie Chairman pay Mr Rother
Leathern or order 16'^ ^ yd for the same.

Mv (j'hainnan laid before the Committee a letter from the Com-
mittee for the District of Edenton & a Recpt for j^ow* for the use of
the same. Ordered to be filed.

On motion Recommended to Mr Pettit & Mr Kennady to choose

persons to settle their affairs.

JOHN SIMPSON Chair™^

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Tryon County.

At a Committee held for the County of Tryon the fourth Tuesday
of January A. D. 1776.

Present: William Graham, Chairman.

Pursuant to a Resolve of the Provincial Congress the Following
Persons were Chosen as a Committee for this County who are to
serve as such till the third Tuesday of October next or untill the
next General Election of County Committees.

For Captain Beatey's Company — David Jenkins, Jacob Forney.

For Capt. Carpenter's Company — John Dillinger, Nicholas Fri-
day.

Captain Coburn's Company — Robt. Alexander, In lieu of Jas.
Coburn, Francis Armstrong.

Capt. Harden's Company — Joseph Harden, Benj. Harden.

Capt. Hambright's Company — Frederick Hambright, James Lo-
gan.

Capt. Hampton's Company — Andrew Hampton, John Morris.

Capt. Barber's Company — Alexander Gilliland, Robert Parks.

Capt. ]Magness' Company — William Graham, James McAfee. .

Capt. Paris' Company — George Paris, John Earle.

Capt. Aaron Moore's Company — John Walker, Esq., Robert
Porter.

424 COLONIAL RECORDS.

Capt. Baird's Comjiauy — James Baird, Robert Armstrong.

Capt. j\PKinney's Company — John APKiuney," Thomas Town-
send.

Capt. Kuykendall's Company — W° Yancey, John Ashley.

Pursuant to which appeared, Robert Alexander, John Dillinger,
Frederick Hambright, Alexander Gilliland, Robert Parks, George
Paris, Robert Porter, John M°Kinne\, Thomas Townsend, ^^'■°
Yancey, & John Ashley who subscribed the Test as required by the
Provincial Congress.

The Committee Adjourned till tomorrow S o'clock.

Met according to adjournment.

Present: William Graham, chairman; and Andrew Hampton,
Geo. Paris, Robt. Parks, Robt. Alexander, Robt. Porter, Alexander
Gilliland, John M'Kinney, John Ashley, Thomas Townsend, W"
Yancey, Frederick Hambright, Joseph Harden.

Resolved, That W" Graham Esq, James Logan, Frederick Ham-
bright, Robt. Alexander, Robt. Parks, Alexander Gilliland et David
Jenkins be a Committee of Secrecy.

Resolved, That no person or persons of the County of Tryon shall
sell or dispose of Salt, Iron or Steel to anj^ person within the county
for moi'e than Two hundred per cent, from the first Cost, purchased
in Charles Town, Cross Creek, or port where salt is to be got, upon
the forfeit of paying Ten Shillings Proc. Money for every Twenty
Shillings worth they shall sell or dispose of contrary to this Resolve.
• Resolved, That no person or persons shall bring up Rum from
any place into this County and sell it for more than eight shillings
■^ Gallon, by the quart or any smaller measure at the rate of Ten
Shillings Proc. %! Gallon; for every such offence shall pay Eight
Shillings out of every gallon. Such persons as have License to
Retail Liquors only excepted.

Resolved, That it is the opinion of this Committee that the suits
depending in the inferior Courts of this County as well on the Civil
Docket as on behalf of the Crown Docket to be generally tried, and
proceeded on as far as final judgment at the next April Term accord-
ing to the Rules of the said Court where the Trials can l)e had with
justice to the parties.

Committee adjourned till the fii'st Tuesday in June next.

WILLIAM GRAHAM, Chairman.

COLONIAL RECORDS. 425

[From MS. Records in Office of Secretary of State.]

Proceedings of the Committee of Safety at Wilmington,

Saturday January 27*, 1776.

At a meeting of the Committee.

Present: John Ancrum, chairman; William Wilkinson, deputy
chairman; John Forster, Arch'd Maclaine, John Kirkwood, Wm.
Ewins, James Geekie, H. Blackmore, Jno. DuBois.

The Governor having summoned his Majesty's Council to attend
him on board the Scorpion sloop of war, and several of his Majesty's
Council being in this town, on their way to attend on the Governor,
agreeable to said summons:

Resolved, that this committee are bound by a Resolve of the Pro-
vincial Council, to prevent any persons from waiting on Governor
Martin, and particularly at this present time, tliis Committee can-
not consistent with the safety of the country permit his Majesty's
Council to attend the Governor ; and the chairman is ordered to
write respectively to each of the Council who may be in town, and
acquaint them with this resolve.

A letter from colonel Parrj', commander of the Crwzer, to captain
Bachelder, informing him he would give him leave to pass with his
vessel, provided he brought down the provisions demanded from Mr.
Campbell :

Thereupon, Resolved, that the requisition of Capt. Parry is an
insult to this committee, and for the future, if any provisions are
suffered to go down to the man of war, they shall be sent down in
small boats, as usual.

The Committee adjourned.

'■ January 2S'^ 1776.

At a meetting of the Committee.

Present: John Ancrum, Chairman; W"" Wilkinson, Deputy Chair-
man ; Jona. Dunbibin, Arch'* Maclaine, Jno. Forster, Jno. Kirkwood,
Dr. Geekie, -Jno. DuBois, W"" Ewins.

Captain Walker ijiformed the Committee that he had in custody
under a guard M'' William Mactier who was about 10 o'clock last

426 COLONIAL RECORDS.

night with tliree other persons going to Brunswicli in a boat ; tliat
M' Mactier refused to comply with his requisition in giving his word
of honor that he would not go further than Brunswick without
applying to Col Moore ; and M' Mactier being brought before the
Committee and alleging that he had leave from some of the mem-
bers thereof and it appearing that no leave had been granted ;

Resolved that Captain Walker has done his duty in taking M"'
Mactier into custody and keeping him under a guard.

Resolved also (Mactier having declined for the present to sign the
test recommended by the Provincial Congress) that he shall not have
leave to .go dov>n tJie river on any pretence whatever, until he satis-
fies this Committee that he is a friend to the American Cause and
enter into such obligation as may be thought necessary.

Resolved, That Captain Walker discharge M'' INIactier from the
guard.

Wednesday January 30"', 1770.

At a meeting of the Committee.

Present : Jolni Ancrum, Chairman ; AVill. Wilkinson, Deputy
Chairman ; John Forster, Dr. Cieekie, Arch"* Maclaine, Henry Toomer,
Jona. Dunbibin, W" Ewins, John Kirkwood, John DuBois.

Major Clark having applied to this Committee for 2 dozen spades,
to finish tlie intrenchments begun below the town of Wilmington,

Ordered, That Major Clark may purchase 2 dozen of spades and
give receipts for the same, to be paid by a warrant from the Provin-
cial Council on the Treasury.

Whereas, a former order passed in this Committee for j\Ir Hewitt
to be emploj^ed to make cartriges,

Ordered that Mr Hewitt be immediately set to work to make car-
triges and be allowed one dollar i)er day, when employed in that
service till a further figreemcnt with him, and that he be supplied
with paper &c. for that purpose and that Mr Dunbibin purchase and
give receipts for the same, in the name of the Committee.

The Committee adjourned.

Friday 2' February, 1776.
Present: John Ancrum, Chairman; W" Wilkinson, Deputv Chair-
man ; John Forster, H. Blackmorc, Will. Ewins, James Geekie, John
DuBois, Henry Toomer, .Jona. Dunbibin.

COLONIAL RECORDS. 427

This Committee having received a Letter from the County Com-
mittee, requesting the attendance of this Committee at the Bridge
this day; Ordered, that the Chairman of this Committee and Her-
rell Blackmore attend the County Committee.

Captain Batchelder apphed for leave to clear out his Brig in Bal-
last, for New York.

Resolved, that no vessel, whatever, in this port, clear out for any
other port, until further orders from tliis Committee or a superior
power and that Captain Batchelder be served with a copy of this
order.

February 2" 1776.

At a meeting of the Committee.

Present : .John Ancrum, chairman ; John Forster, Wm. Ewins, J.
ICirkwood, Henry Toomer, John DuBois, Jona. Dunbibin, H. Black-
more, .James Geekie, John Slingsby.

Information having been made to this Committee that a certain

]\Iixon, who lives on the sound near to President Hasell's goes

frequently on board the Man of War, and that John Porter a miller
to Mr J. Robeson, can inform this Committee particularh- of the
said Mixon's conduct.

Ordered, That the Chairman, Captain Forster and John Slingsby,
be appointed to examine John Porter, and if any j>roof should
appear against the said Mixon, acting inimical to the American
Cause or going on board the man of war, they are to apply to the
Commanding officer in town to take him into custody.

Whereas, a former Resolve of this Committee passed requesting
all jDersons who had not signed the test recommended by the Pro-
vincial Council to sign the same, and as many persons have neg-
lected to complj^ with such request, it is therefore

Resolved, That James Grant call on all those who have not signed
and tender them the test, and such persons as refuse to sign, he is to
make return of their names to this Committee.

The Committee adjourned.

428 COLONIAL RECORDS.

[N. C. Letter Book. S. P. G.]

Letter from Rev'' ^F Reed to the (Secretary.

Xewbern, February 2*, 1776.
Reverend Sik,

I wrote the 6'" of October hist by M' Tomlinson acquainting the
Society with the difficulties I hxboured under occasioned by the
present unnatural civil dissensions. To live peaceably with all men,
if possible was my determined Resolution, and after the Committee's
suspension I lived very retired for two .or three months. In the
mean while several intimations were given me, that my attendance
at church as usual would not be disagreeable, and about the mid-
dle of November last Providence presented an opportunity of
decently closing the breach, since that time I have done duty as
usual and flatter myself shall meet with no more interruptions.
That the speedy and merciful interposition of the King of Kings
may restrain the exorbitant pa.ssions of Men, check the desolating
progress of civil discord and heal the ghastly wounds of our country
is the daily fervent prayer of Sir —

Your most obliged &c.

JAMES REED.

N. B. — Any person promj^ted by curiosity to open this Letter is
desired to Seal it np again in a Cover and forward it.

Letter from the Safety Committee in New York to the New York
Delegates in Congress at Philadelphia.

In Committee of Safety, New York,

FeVM'" 177G.
Gentlemen,

We think it our duty to inform the Continental Congress thro' you
that General Clinton of the Ministerial Troops and one Transport are
this day arrived here, but we do not know that she contains any
Troops. That the Mercury Ship of War is near Nuttcn Island com-
ing into Port. We are well informed that those Vessels left Boston
not more than fourteen davs ago.

COLONIAL EECORDS. 429

The Mayor has this Evening declared to us that lie was then come
from Governor Tryon and is authorized by the Governor to assure
the Inhabitants that no Trooi^s are coming here; that General Clin-
ton was present and said that no Troops are coming here. That
Governor Tryon further told him that General Clinton had only
called to pay him a short visit. That if any Transports with Troops
should by accident or stress of weather put in here they are not
intended to remain here.

We do not rely on this information; but if it be true, we conceive
that the most natural conclusion is that he is going to the South-
ward.

Major General Lee is arrived here this day (ill with the Gout), he
has has about Seven hundred Men now here and has sent over for
Lord Sterling's Regiment.

We are most respectfully,

Ge»tlemen j-ours &c.,

By Order. JOSEPH HALLET, Ch".

To the New York Delegates in Congress.

[Reprinted from the American Archives. Vol. 4. P. 983.]

By His Excellency Brigadier General Donald j\PDonald, Commander
of His Majesty's Forces for the time being, in North Carolina :

A Manifesto.

Whereas, I have received information that many of His Majesty's
faithful subjects have been so far overcome by apprehensions of
danger, as to fly before His Majesty's Army as from the most
inveterate enemy; to remove which, as far as lies in my power, I
have thought it proper to j^ublish this Manifesto, declaring that I
shall take the proper steps to prevent any injury being done, either
to the person or properties of His Majesty's subjects ; and I do fur-
ther declare it to be my determined resolution, that no violence shall
be used to women and children, as viewing such outrages to be
inconsistent with humanity, and as tending, in their consequences,
to sully the arms of Britons and of soldiers. I therefore in His
Majesty's name, generally invite every well wisher to that form of
Government under which they have so happily lived, and which, if

430 COLONIAL RECORDS.

justly considered, ought to be esteemed the best birth-right of Britons
and Americans, to repair to His Majesty's Royal standard, erected at
Cross-Creek, where they will meet with every possible civilitj', and
be ranked in the list of friends and fellow-soldiers, engaged in the
best and most glorious of all causes, supporting the rights and Con-
stitution of their country. Those, therefore, who have been under
the unhappv necessity of submitting to the mandates of Congress
and Committees — those lawless, usurped, and arbitrary tribunals —
will have an opportunity, (by joining the King's Army,) to restore
peace and tranquillity to this distracted land — to o]3en again the
glorious streams of commerce — • to partake of the blessings insepa-
rable from a regular administration of justice, and be again rein-
stated in the favourable opinion of their Sovereign.

DONALD MCDONALD.
By His Excellency's command :

IvENN. McDonald, P. S.

[Reprinted from the American Archives. Vol. 4. P. 942]

Letter from General Charles Lee to General AVashington.

New York, February 5'", 1776.
My Deak General :

I arrived here yesterday, but not without some difficulty. My
disorder increased rather thc^n diminished, so that I was under the
necessity of being carried in a litter a considerable part of the way.

I consider it as a piece of the greatest good fortune that the Congress
have detached a Committee to this place; otherwise I should have
made a most ridiculous figure, besides bringing u}ion myself tlio
enmity of the whole Province. My hands were etlectually tied u])
from taking any steps necessary for the publick service, by the late
resolve of the C'ongress, putting every detachment to the Continental
forces under tlie command of the Provincial Congress where such
detachment is.

I should apprize you that Cieneral Clinton arrived almost at the
same instant with myself. He has brought no troops with him, and
pledges his honor that none are coming. He says it is merely a
visit to his friend Trvon. If it is really so, it is the most whimsical

COLONIAL RECORDS. 431

piece of civility I ever heard of. He informs us tliat his intention
is for North Carolina, where he expects five regiments from England ;
that he only brought two companies of light infantry from Boston.
This is certainly a droll way of proceeding; to communicate his
full plan to the enemy is too novel to be credited.

The Congress Committee, a certain number of the Committee of
Safety, and your humble servant, have had two Conferences. -The
result of these conferences is such as will agreeably surprise you.
It is in the first place, agreed, and justly, that to fortif}^ the town
against shipping is impracticable; but we are to fortify lodgements,
in some commanding part of the City, for two thousand men. \\e
are to erect enclosed batteries on both sides the water, near Hell-
gate, which will answer the double purpose of securing the town
against piracies through the Sound, and secure our communication
with Long Island, now become a more capital point than ever, as it
is determined to form a strong fortified camp of three thousand
men in that island, immediately opposite to New York. The pass
in the Highlands is to be made as respectable as possible, and
guarded by a battalion. In short I think the plan judicious and
complete. The two brass pieces and other articles will be .sent
down as you require. You have heard of the fate of the cannon
near King's Bridge.

As I write with pain, you will excuse my abrupt conclusion.

Yours, dear General,

C. LEE.

P. S. ]\Iy love to Gates, and the rest female and male.

[From MS. Records in Office of Secretary op State,]

Proceedings of the Safety Committee at Wilmington.

Monday, Feb^ 5'', 1776.

At a meeting of the Committee.

Present: John Ancrum, Chairman ; "William Wilkinson, Deputy
Chairman; John Forster, Jno. Slingsby, Jno. DuBois, Jno. Kirk-
wood, Jona. Dunbibin, Henry Toomer, "W" Ewins, Arch'' ]\Iaclaine,
Herrall Blackmore.

^Ir. Nash presented to the Chairman a letter from Governor Mar-
tin to Maurice Moore Escp, in answer to one the Committee permitted

432 COLONIAL RECORDS.

him to send to the Governor, which was read in Committee and
returned to Mr Nash.

A letter from the Governor to the Council was also read, in answer
to theirs read in the Committee 28"" Ja^uar3^

Col. Moore having informed this Committee that the Men-of-War,
lying at Fort Johnston, had committed hostilities on the Continental
Troops under his command by firing on them at said Fort, and as
the Committee of Safety passed a Resolve that the Cruiser Sloop-of-
War might be supplied with provisions from time to time, so long
as she did not commit hostilities on the persons or properties of the
good people of this Province,

Resolved, That the ship of war now lying in this river, have
actually committed hostilities against the inhabitants of this Prov-
ince.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee for Rowan County.

Feb^ 6'\ 177G.

The Committee of the County of Rowan met according to adjourn-
ment.

Present : M' Sam' Young, C. M.; Moses Win, W" Alexander, Gil-
braith Falls, John Sloan, John Dickey, Sam' Reed, W" Davidson,
John Purviance, John Archibald, Hugh IMontgomeiy, John Lewis
Beai'd, W" Sharp, James Smith, Israel Cox, Josiah Rouncifer, George
Henry Barringer, Robert King, Matthew Locke, Alexander Dobbins,
Charles M°Dowell.

Alexander Allison being cited before this Committee freely signed
the Test and is discharged.

Alexander Osborne has leave to bring suit against Andrew Alli-
son in a case of a three Pound proc. Bill counterfeit.

William Franklin being in prison bounds was brought to the
Bar of tliis Cominittce and was admitted to take the following oath,
viz.,

I, William Franklin do freely and solemnly swear on tlie Iloh'
Evangelists of Almighty God, that I will not take up Arms against
the friends of American Liberty, nor will I directly or indirectly aid
or assist, comfort or encourage any Person .or Persons opposing in

COLONIAL RECORDS. 433

any manner the measures pursuing by the Americans in Defence of
their Liberty.

Resolved, That the said W" Franklin be discharged from his
attendance on this Committee.

Ordered, That James Fitzpatrick lias leave to bring suit against
Daniel Rush for a Debt under £20.

The Committee adjourned till tomorrow morning 0 o'clock.

"Wcdnesda}'. The Committee met according to adjournment.

Resolved, That Capt Fales and Capt Work are hereby requested
immediately, and Avithout Delaj', to demand and receive of James
Cook (on oath if necessary) all the gnu powder and other ammuni-
tion in his possession, or by him lent or lodged in the hands of any
other person or place. And in case he, or they to whom it is
lent or in whose hands it is lodged, refuse or neglect to deliver the
same immediately, The said Captains are hereby requested to. raise
a sufficient Number of Militia to take the powder and other ammu-
nition, and safel}^ convey it to Salisbury, and also to take the Body
of said Cook and all others opposing the delivery of the said powder
and him or them convey and have confined in the common Jail of
this County untill further order is given concerning them. And
this Committee doth liereby engage to see the aforesaid powder paid
at a future Day.

Ordered, That if James Cook delivers the powder without being
brought into confinement. That he be notified to appear before the
next Committee, to answer for liis former contempt of a respectable
Body of this Committee.

Ordered, That James Garnon has leave to bring suit against
Moses Thompson for a debt under £20.

Ordered, That Joseph Shettlewortli has leave to.bring suit against
John Robinson for a Debt under £20.

The Committee adjourned one hour.

Met according to adjournment.

Ordered, That John Mackie has leave to bring suit against George
Rusal for a Debt under £20.

John Marrah having made it appear on oath before this Commit-
tee, that W™ Roberts is indel>ted to him, tlie sum of £9 10s, and that
said Roberts proposes to remove himself and Effects out of this
Province : Resolved, That John Marrah has leave to take into his

VOL. X — 2S

434 COLONIAL RECORDS.

Possession Effects of the said Roberts equivalent to the Debt, or for
want thereof the Body of the said Roberts until the Debt is paid or
sufhcient secairity given for the same.

Wliereas, Messrs. James & Thomas Smith have made it appear
before this Committee that Sundry Debtors to the Estate of And''
Smith dec'', after being properly advertised have failed to pay, or
give security for their dues: Ordered, That James ct Thomas Smith
have leave to bring suit against all persons so advertised and
indebted in sums not exceeding five pounds.

Resolved, That M' Chairman, W" Sharp, W King, W Winslow,
M' Smith, i\P Archibald, be a Committee to answer the peoi)le from
the Forks of Yadkin and report tomorrow morning.

Inasmuch as tlie Judgments of God are at present in an extraor-
dinary manner impending over this Province, therefore,

Resolved, That Monday the 14"' Inst, be and is hereby appointed
a Day of public fasting, humiliation and prayer in this country' —
and it is recommended that the same be religiously observed.

The Committee adjourned till tomorrow morning 9 o'clock.

The Committee met according to adjournment.

John Orton has leave to bring suit against ^largaret Johnston,
widow, for a debt under £o.

Charles Adams has leave to bring suit against ^lichael Wilson for
a debt under £20.

James Neston has leave to bring suit against W'° Johnston for a
debt under £5.

Resolved, That John Lawrence has leave to bring suit against
Masander Brown, in a case concerning base gold.

Ordered, That Richard Johnson has leave to take into his posses-
sion a sufficient quantity of the Effects of Peter Kittle, as securitj'
for a debt of X17 7s said Debtor having absconded himself.

The Committee ai)pointed to answer the People in Fork of the
Yadkin made the following report:

Gentlemen :

Tliis Committee with singular pleasure receive the Assurances of
your pacific Dispositions towards your Xeighbours and Countiymcn,-
but would have been much more satisfied had your names been
sent us by M' Brown, that we might have distinguished our Friends
from our Enemies, and afforded that Protection and Friendship to

COLONIAL RECORDS. 435

the peacible they have a Right to claim at a Time when the friends
of American Liberty in these Soutliern Colonies are determined, by
the assistance of Almighty God, at the hazard of their lives and
Fortunes to quell an Insurrection of the blackest Nature, fomented
and supported by the arts of wicked and abandoned Men in the very
Bosom of this country.

Ordered, That the above answer be transmitted to the people in
the Forks of the Yadkin, who have declared their peacable Disposi-
tion to this Committee in the Day of Alarm.

The Committee adjourned till Committee in Course.

SAIMUEL YOUNG, Chair"'.
AViLL Sharp, Sec'y.

[From the Court Records of Rowan County.]

NoKTii Carolina 1 -ri i m -, r-^n

Rowan County. / February Term, 1 . / b.

At an Inferior Court of Pleas and Quarter Sessions, begun and
held for the County of Rowan at the Court House in Salisbury on
the sixth day of February in the year of our Lord 1776 and in
XIV" year of the Reign of George the third, King of Great Britain
ttc — Before the Justices of said County commissioned to hold
Courts, &c.

Present, Walter Lindsay.

The Court adjourned till tomorrow 10 o'clock.

Wednesday, February 7"".
The Court met according to adjournment.
Present, W. Lindsey, Esq.
Adjourned till tomorrow 10 o'clock.

Thursday, February S'\
The Court met according to adjournment.
Present, W. Lindsey, Esq.
And adjourned till Court in course, Wz, first Tuesday in May, 1776.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Feb'y 9th, 1776.
At a meeting of the Committee.

Present: John Ancrnm, Chairman; Wm. Wilkinson, Deputy

436 COLONIAL RECORDS.

Chairman; Wm. Ewins, Jno. DuBois, Cornelius Harnett, Herrall
Blackmore, Jno. Kirkwood, Jona. Dunbibiu, Henrj' Toomer.

"I: A. B. do freely and voluntarily swear, that in my opinion
and sincere belief, neither the Parliament of Great Britain, nor any
Member or constituent brancli thereof, has a right to impose Taxes
upon the American Colonies, to regulate the internal policy thereof,
and that all attempts by fraud or force to establish and exercise
such claims and powers are violations of the peace and security of
the people, and ought to be resisted to the utmost, and that the peo-
ple of this Colony singly and collectively are bound by the acts of
the Continental and Provincial Congresses, because in both, they
are freely represented by persons chosen by themselves; and I do
solemnly swear to support, maintain and defend all and every the
acts, resolutions and regulations of the said Continental and Pro-
vincial Congresses, to the utmost of my power and abilities — so
help me God."

The Committee took the above Oath, and Resolved that the Cap-
tains of the two Companies shall muster their Men immediately,
and tender the same to every Man in Wilmington, without excep-
tion, and whoever shall refuse or decline voluntarily to take the
said Oath, shall, by the Militia Officers aforesaid, be disarmed as
inimical to the liberties of America.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at Wilmington.

Cash Received for Account of this Committee.

1775. Rec'd for sundry fines, per the Minister of the

March 7 committee this day £ 4 0 0

do on the sale of sundry goods per do 23 14 5

13 do of Corn's Harnett, esq., for his subscription

for purchasing gunpowder per do 25 0 0

May 20 do for sundry fines per do 3 3 0

June 20 do do from Bladen County by the hands of ■
Nathaniel Richardson, good bills including

one of J. Ashe's 36 11 2

1 bill counterfeit 2 0 0

do from Corn's Harnett to purchase gunpowder, 5 0 0

COLONIAL RECORDS. 437

June 20. Rec'd from J. Walker to purchasing gunpowder, £ 5

do do "Wm. Campbell do 5

do do Henry Toomer do 5

do do Robert Bannerman do 2

do do Jona. Dunbibia do 1

do do Jas. ]\Ioore do 5

do do "\Vm. Wilkinson do 5

do do Jno. Forster do 2

do do F's Brice--^ - do 2

do do Dr. Geekie do 1

do do .J.Kennedy do

do do Jno. Robeson do 2

do do Jno. Cruden do 2

do do Fra's Clayton do 5

do do Rich'd Bradley do 1

do do Jno. Slinosbv do 5

do do Dr. Cobliam do 2

July 9. do do Peter Mallett . do 2

do do Wm. Jones, jr _ do 10

1776

Aug. 1 . Rec'd of Geo. Moore, esq. his subscription 20 0 0

Jan. 25 do of Henry Young as per certificates from

the Provincial Council on the Treasurer, 206 0 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

10

0

10

0

10

0

5

6

10

0

10

0

0

0

0

0

0

0

10

0

10

0

0

0

£391 12 1

Cash Paid for Account of the Committee.

1775 Paid Owen Kenan the balance due him by the
March 7 Committee appointed to receive the dona-

• tions for the poor of Boston £ 5 0 0

Paid James Grant for 10 days attendance on

on the Committee, this day included at Ss. 4 0 0

do for writing paper 2 8

do Wm. Mactier, last j\Iarch for gunpowder 3s.

perft). 2001:bs 30 0 0

do James Harper's Ijoy for his expenses on two

expresses 1 10 0

do James Harper his account for boy and horse

for two expre.sses 4 0 0

438 COLONIAL RECORDS.

March 7. Paid Jas. Grant for G days attendance on Com-
mittee 8s £2 8 0

do for paper 2 8

June 20 do Burgwin, Humphrej' & Co. for gunpowder at

3s. per ft. 350 52 10 0

do John Slingsby for do. at 3s. per ft. 50 fts 7 10 0

do for cleaning out the Court Hou=e to Jas

Grant 2 6

July 5 do for a trunk to keep books and papers in 18 0

do for gilt and common paper 5 8

do Leehans DeKeyser for his boys expenses to

Onslow express 16 8

8 do Adam Boyd for printing, &c 5 4 8

9 do G. & T. Hooper for 1 set of bullet moulds-- 2 15 0

11 do for 4 quires paper 8 0

12 do John Blythe for an express to Anson 2 8 0

do for candles 1 6

12 do Mr. DeKeyser's Quosh for expenses to New

River express 10 0

15 do Mr. Harper's boy to go express to Bladen __ 10 0

do for a pair of shears to cut balls and paper__ 4 6

do for rum for the peojile casting balls 4 0

do Mr. Doherty for 23fts. low mould shot 11 G 0

do Richard Bradley for 2 bis. pork 7 10 0

do Jno. DuBois for softs, shot 15 0

18| !do expenses making cartridges 15 4

do Andrews for bread fur his people 7 0

do Leeh. DeKeyser for furnishing two expresses, G 8 0

do James Harper for an express to Bladen 1 12 0

do Jona. Dunbibin for bread 1 12 6

do James Grant in part for attendance 10 0

do Yelverton Fowkes for 1 barrel of gun-
powder 1 33i lbs. at 3s. Gd 23 G 9

do for M'ax 3 0

do for Harper's boy 5 0

do for an inkstand 3 4

do Cash for an exi>ress omitted 10 0

Aug. 10 do Hogg & Campbell for flour 3 15 10

12 do James Grant in full ,-J 9 4 0

do Jno. Robeson for Middlings 2 19

COLONIAL RECORDS. 439

o

Aug. 12. Paid ]\Ir. Harper's boy to carry the Onslow and

Newbern express £ 5 0

do Charles Jewkes for 300 flints at Ss 14 0

do Richard Plaj^er for moulding balls 3 0 0

do Henry Toomer for beef 9 2 9

do John Lyon for G casks bread 9 6 0

do Geo. McCulloh for beef 2 6

In hand, a counterfeit bill from Bladen 2 0 0

'■ " " " one of .1. Ashe's notes, 2 0 0
177G

Jan. 20 do for guns as per account Xo. 1 7 10

do " " " " " " 2 84 o 10

do for 7 lbs. brimstone sent to Ralph ^filler at Gd, 3 6

do for 20 yds. Osnaburgs at 2s 2 0 0

do for 2 weights 3 4

do for a large Mortar and Pestle 54 lbs. at Gd__ 1 7 0

do James Grant in part for attendance 10 0

30 do Richard Player for repairing 1 gun more than

in the account rendered against the public, 5 0

Feb'y 1 do -John Robe-son for saltpetre S 11 S

14 do James Grant i:)er Rec't 8 0 0

Ai^ril 4 do do do . 10 0

do James Harper in part of his account 1.3 0 0

deducted for the iines of Fran's Clayton and
William Jones, which were not jDaid to me

tho' entered.to the credit of the Committee, 16 0

12 do .John Walker 12 0 0

19 do .James Wilson, one of the South Carolina

Recruits 5 0 0

27 do Henrj- Toomer for negro hire 3 12 0

May 2 do two men who escaped from the Men of War, 4 0 0

13 do three men who escapj^d from' do 14 0

John Ancrum appointed and chosen by a majority of the mem-
• bers, as Chairman, and William AVilkinson, Deputy Chairman; this
29th October, 1776.

440 COLONIAL RECORDS.

[From MS. Recoeds in Office of Secretary of State.]

Proceetliugs of the Safety Committee in Tiyon Count}'.

Met in pursuance of Orders from the Committee of Safety of Sals-
bary District dated Feb'y G'\ 1776.

The Persons for Tryon County at Capt Hambright's on tlie 9"'
Instant.

Present: William Graham, Chairman; Frederick Plambright,
James Logan, Alexander Gilliland, Robert Parks, James Beard,
Robert Armstrong, John Dellinger, Robert Alexander, Francis
Armstrong.

James Logan, Clerk, chosen for tliat day.

Resolved, according to Orders of Committee of Safety, Each Capt.
in his District, cause every third effective to go and joyii the forces
Raised in the other Counties in this Province to suppress all Insur-
rections that is raised & may be raising in our said Province that are
agaiust the cause of American Liberty.

Resolved, That Each man that Refuses if alotted to go on this
Immergeucj' shall be Deemed Enemies to their Country, & shall be
dealt with according to the Resolves of the Congresses or otherwise.

Resolved, That ^Mr "William Moore be now appointed Commissary
for the Regiment of Tryon County in the present Immergency for
this Province, to go against those that are against the cause of Amer-
ican Liberty, & that the said William ]\Ioore shall now on siglit^jre-
pare Waggons, Provisions & such things as lyes in his power for the
Support of the said Regiment, & be Ready at Major Thomas Beatie's
by the 15"" Instant vv'ith such support.

WILLIAM GRAHAM, Chairman.

The Committee adjourned till tlie first Tuesday' in June next,
according to the former adjournment.

Oath administered to every member of Committee.

I, A. B., Do voluntarily ahd Solemnly Swear upon the Holy Evan-
gelists of Almighty God that I will iiot Reveal or make known to
an)' person or persons whatsoever any Intelligence, Circumstance,
matter or thing which the Majority of the Committee present shall
tliink necessary to conceal, and which the Committee by the Chair-
man, Deputy Chairman or the other presiding member shall order
and Direct to be kept secret. So help me God.

COLONIAL RECORDS. • 441

[Reprinted from the Amekicax Archives. Vol. 4. Page 9-!1.]

Oiiflcrs from Govenior jMartin and General McDonald for raising
the King's Standard in Nortli Carolina.

His Excellency Josiah Martin, &c., &c., &c.
To Allen McDonald, Donald McDonald, Alexander M'Leod, Donald
M'Leod, Alexander M'Lcan, Allen Stewart, ^^''illianl Campbell,
Alexander M'Donald and Xeal M°Arthur, Esquires, of the Counties
of Cumberland and Anson; John Pile, Esquire, of the County of
Chatham ; William Fields, James Hunter, Robert Fields, Jere-
miah Fields and Saymore York, Esquires, of the County of Guil-
ford ; Michael Holt and James ]Munroe, Esquires, of the County
of Orange; Paul Barringer of the County of Mecklenburgh ;
"William Spurgian, "William Bryan, Samuel Bryan and Matthias
Sappingtaeld, Esquires, of the Countj' of Rowan ; Gfideon Wright
and James Glyn, Esquires, of the County of Surry; and Philemon
Plawkins Sen., and Philemon Hawkins, Jun., Esquires, of tlie
County of Bute, Greeting:

I, rej^osiug especial trust and confidence in your loyalty, courage,
prudence and fidelit}', do by virtue of the powers and authorities in
me vested by His jMajesty, hereby commlssionate, authorize and
empower you,' whose names are above written, and each and every
of you, to erect the King's standard, and to raise, lev}', muster, and
array in arms, all His Majesty's loyal and faithful subjects within
your respective Counties, or in any part or parts of this Province,
who are willing and ready to repair to the Royal banner, for the
support of the laws and Constitution thereof, against the most horrid
and unnatural rebellion that has been excited therein by traitorous,
wicked and designing men, and now threatens the subversion of
His Majesty's Government, and the utter destruction of the riglits
and liberties of His jMajesty's people.

And I hereby give and grant to you power and authority to form
the forces you shall so raise, into companies of fifty men each, and
to appoint one Caj)tain, one Lieutenant, aiid one Ensign, to every
company so formed, whose a})pointment, as well as this commission,
shall be good, valid and effectual, during my pleasure ; and I do
hereby give to you, and everj- of you, full power and authority to
seize and take whatsoever may be necessary of arms, ammunition,
provisions, horses and carriages, for tlie subsistence and accommo-

442 COLONIAL RECORDS.

datiou of His Majesty's faithful subjects, whom you shall assemble
in arms foi" the purpose aforesaid, you giving receijjts for the same,
or keeping account thereof, that satisfaction may be made to the
owner or owners, if thej^ are not engaged in rebellion. And I "do
hereby give to each and every of you, all power and authority to
resist and oppose all Rebels and traitors against His Majesty and his
Government by force and arms, and to apprehend, seize and detain
them, tlieir accomplices and abettors; and you are hereby rerpiired
immediately and with all possible secrecy, to concert a place of gen-
eral rendezvous for your forces; thence to march in a body, by such
route as you shall judge proper, ti> Brunsvrick, so ordering j'our move-
ments that you may reacli that toM'n on the lo"" of Februar3- next
ensuing, making prisoners in your way all such persons as j'ou know
to be principalsor acti^•e in rebellion, taking all possible care that
women and children are unmolested ; that no cruelty whatever be
committed to sully the arms and honour of Britons and freemen,
employed in the glorious and righteous cause of rescuing and deliv-
ering their country from the usurpation of rebellion, and that no
violence be done against the laws of liumanity but what resistance
shall make necessary, to the end that the peojile wlio have been
deluded into rebellion may be made sensible, it is His Majesty's
most gracious and Royal intention, and my earnest desire, to reclaim
them to a proper sense of their duty and obedience to lawful Gov-
ernment, without involving tlic country in the horrors of war, if, by
timely and dutiful submission, they make such extremities avoidable.

And whereas, there may be many of His Majesty's faithful sub-
jects in this Province, whose merits and influence may qualify them
to take part in the execution of this Commission, wliom I have
omitted Ibr want of knowledge of them, and their princi[)les and
their good dispo.sition, I do, hereby give full power and authority to
you who are l;erein named, to join with you in the execution of the
powers granted by this Commission, every such person or jtersons as
you shall deem wortliy of such high trust and confidence, hereby
declaring that each and every such person as you shall think fit to
join witli you in tlie execution of tliese presents, shall have equal
power and autliority as H they were lierein particularly named, in
pursuance of tlie trust reposed in you.

Given vuider my hand and seal-at-arms, on boai'd His Majesty's
Sloop Scorpion, in Cape Fear River, this 10"' day of .January, 1770,
and in the sixteenth year of His Majesty's reign.

JOSLIH MARTIN.

COLONIAL RECORDS. 443

ROWAX CorxTY — ss.

This daj' came John Reynolds before me, one of His ]\Iajest\''s
Justices assigned to keep the peace for said County, and being duly
sworn, made oath, that he, this deponent, heard papers read in the
camp of AVilliam Fields, to be of the same import, and, to the best
of his knowledge, in the same ^vords of tiie within; and that he
heard, from tlie officers and men, declared free plunder wherever
they went. JOHN REYNOLDS.

Sworn to before me, this 10"" day of February, 1776.

John Oliphant.

By His Excellency Brigadier-General Donald M°Donald of His
Majesty's Forces, for the time being, in North Carolina :

A ]\Iaxifesto.

Whereas, powers and authority have been invested in me to array
in arms His Majesty's loyal subjects in this Province, I hereby com-
mand all His ^lajcsty's loyal people to repair to the Royal banner,
agreeable to the Governour's Royal Proclamation of date the lO""
day of January last. I do hereby declare it is my intention, that
no violation whatever shall be offered to women, children, or private
property, to sully the arms of Britons or freemen, employed in the
glorious and righteous cause of rescuing and delivering tliis country
from the usurpation of rebellion, and that no cruelty wliatever be
offered against the laws of humanity, but what resistance shall make
necessary; and that whatever provisions and other necessaries be
taken for the troops, .shall be jDaid for immediately; and in case
any person or persons shall offer the least violence to the fiimilies of
such as will join the Royal standard, such person or persons, may
depend that retaliation will be made; the horrors of such prjceed-
ings, it is hoped, will be avoided by all true Christians.

Given under mv hand and seal, tliis fifth day of February 1776.

DONALD MCDONALD.

ROWAX COUNTY

This day came John Reynolds before me, one of His ^lajesty's
Justices assigned to keep the peace for said County, and being duly
sworn upon the Holy Evangelists of Almighty God, made oath, that
on Tuesday last, in Field's Camp at Dillos, he, this deponent, lieard

4-U COLONIAL RECORDS.

William Spurgiau read a paper of tlie same purport, and, to the
best of his knowledge, in the same words, of the within written.

JOIIX REYNOLDS.

Sworn and signed, this 10* day of February, Anno Domini 177G,
before me, John Oliphaxt.

[From MS. Records in Office op Secretary of State.]

Proceedings of the Safety Committee at Xew Bern.

North Carolixa, 1 ^^
New Bern District, j

In the Committee of Safety for the District of New Bern the 10"'
February 1776.

Present : Col. Richard Cogdell, President ; Doctor Alex' Gaston,
Richard Ellis Esq^ W William Tisdale, &c.

This Committee having this Day received by Express from tlie
Counties of Orange and Johnston certain Intelligence that a Num-
ber of Men Inhabitants of the Counties Cumberland, Anson,
Bladen and Guilford under the Command of a certain Fields and
Hermons have began Hostilities against the Cause of United
Colonies, and that on the fifth Instant tliey began their ^larch in
Order to join at Cross Creek the fifteenth to march from thence to
Willmington and Brunsw'ick, and that all the necessary Prepera-
tions for War are carrying or,, in order to reduce all those who
espouse the Cause of American Liberty; and that the Governors
Proclamation authorized them to take all the Sons of Liberty
wherever they may be found and force them to join or have them
executed as Rebels.

It is therefore Resolved that Col. Richard Caswell do march imme-
diately with the Minute Men under his Command to join the Forces
which may march from different Parts of this Province in Order to
suppress said Insurrection. And it is also resolved that the Colonels
of Dobbs, Johnston, Pitt and Craven Counties do as soon as possible
raise as Many of the Militia of said Counties as may be thought
necessary to join tho Minute Men under the Command of Col.
Richard Caswell f<jr the Purpose aforesaid.

COLONIAL RECORDS. 445

Resolved that the Col. of the IMilitia of Craven County do imme-
diately raise two hundred of the ^lilitia of said County to be
stationed at New Bern, during the absence of tlie Minute Men.
And it is also Resolved that the President of this Committee shall
deliver to Col. Caswell or to Lieutenant Col. Bryan Ten Keggs of
Powder and three hundred & fifty Weight of Lead and Bullets, and
that the Committees of Dobbs & Pitt T'ounties, do furnish him with
as much Powder & Lead as they cau.

Resolved that Col. Caswell & the other Officers under him be
impowered to hire convenient Carts, Waggons, Horses &c., as shall
be necessary for this Service, or otherwise to press them, and also
to purchase Camp Kettles for the Use of the Men. And it is Ordered
that Lieutenant Henry Vipon & such of the Men as are accoutred,
under his Command belonging to the Second Regiment of Troops
in the Service of the Lhiited Colonies now at New Bern do march
witli as many Artillerj^ as can be got ready to join Col. Caswell.

Time not permitting us to call all the Members of the Committee
together upon this Emergency, we have proceeded on this necessary
Business, in Confidence tliat the above Resolve will meet the Appro-
bation of the absent Members, for v\-hose Assent Colonel Caswell is
desired to aj)ply to such of them as may be convenient for him to see.

A true Copy — By Order ' JNO. COOKE, Sec^.

Letter from .Joseph Hewes, delegate in the Continental Congress, to
Samuel John.ston.

Philai>elphi.\., 11"" Feb., 1776.
Deak Sir:

I have got a waggon made, have purchased four good Horses and
expected to have sent them oiT yesterday, but when I went to exam-
ine the powder in the Magazine I found to my surprise there was
none but cannon powder, and that ver\' coarse and ordinary, not fit
for musketry. Knowing the greatest part that is wanted for our
province ought to bs good musket powder I thought it best to detain
the waggon till such could be obtained. Seven Tons of such I hear
is in a Vessel below and will be up as soon as the Ice will suffer
anything to pass. I hope in a few days to get the waggon away.
The Horses come pretty high, two of them £50 each, the othef two
£35 each. They are all Bays and young.

446 COLONIAL RECORDS.

Our friend Hooper has taken an opportunity when he could be
best spared from Congress to fl}' to the Camp at Cambridge to see
his Mother, who has lately got out of Boston, he has been gone
about Ten days and will return as soon as possible ; he desired me
to put his name to any Letters we should write to the provincial
Council, I believe he would not wish they should know he was
absent. Late last night I received a Letter from him dated at New
York the G"' ; he seems greatly alarmed at the intelligence he had
received there and urged very itressingly the necessity of sending
off an express to you. The substance of the information he gave,
and what has been received from thence since he left it you will
find in our Letter to the Counc 1 which you have herewith. The
anxiety of my worthy friend for the safety, honour & happiness of
our province and for his dearest connections there I imagine has
induced him to paint things in the strongest colours to me; however,
I wish there may not be too much trutli in his suggestions. All
accounts from England seem to agree that we shall have a dreadfull
storm bursting on our heads thro' all America in the Spring. We
must not shrink from it ; wc ouglit not to shew any simptoms of
fear ; the nearer it api)roaches and the greater the sound the more
fortitude and calm, steady firmness we ought to possess. If we
mean to defend our liberties, our dearest rights and privileges
against the power of Britain to the last extremity, we ought to
bring ourselves to such a temper of mind as to stand unmoved at
the bursting of an Earthcjuake. Altho the storm thickens I feel
myself c^uite composed. I have furnished myself with a good mus-
ket & Bayonet, and when I can no longer be uscfull in Council I
hope I shall be willing to take the field. I think I had rather fall
there tlian be carried off bj^ a lingering, illness. In this I am pretty
much of the same opinion of the French General, wlio, confined a
long time by siekness to liis bed, on hearing the Duke of Brunswick
was killed by a cannon Ball, exclaimed, " Great tied, how untbrtu-
nate I am ; Brunsvvick was alwavs a lucky fellow."

TuK 13'".

I mentioned to you some time ago that a Vessel was arrived here
with near Sixty tons of Saltpetre on board and that several quanti-
ties of powder had been brought in, a few days since another ^'es-
sel arrived in this River and is now kejit below by the Ice. She
has sixty Tons of Saltpetre, 13 Tons of powder and 1,300 Muskets on
board, tho.se supplies appear considerable and yt't we lind ))y e.xpcri-

COLONIAL RECORDS. 447

ence they are quite trifling when compared witli our demands, Pow-
der Mills are scarce, the manufacturing goes on \Qvy slow, and powder
wastes exceedingly in a large arm}- even where little is fired away.
Soldiers are careless, their Cartouch boxes get wet, and much is lost
in dealing it out in small parcels, notwithstanding all our supplies we
now find both powder & arms greatly wanted at our Camp at Cam-
brige, by our arn:iy in Canada, by the troops in New York ; in this
Province, Maryland and Virginia, applications are made every day
to Congress for' powder and arms, give us powder or we perish is
.the language from all quarters, it is astonishing to think what pains
the British Court has been at to prevent every Nation in Europe
from supplying us with these articles, several persons who have
lately come from France, Spain, Portugal and Holland say, every
Port, every Town and almost every public house has Spies from
England to watch the Motions of the INIerchants, so that scarcely
anything can be brought away even by a Circuitous Voyage, but
they find it out, — by the ingenuity of some dutch and French
Smugglers a little is sometimes brought away. Americans ought to
be more industrious in making those articles at home, every Family
should make saltpetre, every Province have powder Mills and every
body encourage the making of Arms,

It is hinted in the papers that persons will be sent from England
to Negotiate with the Colonies, many people do not believe it, those
who do have but little expectation from it, they are to treat under
the influence of a inighty Fleet & Army, what are we to expect
from the mouth of a Cannon or the point of a Baj'onet, see Lord
Norths motion in the House of Commons the '20"' of November,
what have we to expect from parliament?

You desire to know Avhen the additional pay of the officers com-
menced ; it was on the 4"" of November last. How I neglected to
mention it before I know not.

Tlie only pamphlet that has been published here for a long time
I now send you; it is a Curiosity; we have not put up any to go by
the Waggon, not knowing how you might relish independency.
The author is not known; some say Doctor Franklin had a liand in
it, he denies it.

General Lee in a Letter to Congress received yesterday says he
expects a lai"ge number of British Troo[is will be sent to New York
as early as possible, he intends to Fortify the City in the best man-
ner he can, calls for more Troops, and wishes to have a Battalion of

448 COLONIAL RECORDS.

the Philadelphia Militia that they might be instructed in village
fortification, camp dutj'^, &c., &c. His desire was immediately made
known to the City, the Colonels of the four Battalions instantly
applied to Congress for tlie command of the detachment should one
be sent. The Pennsylvania Farmer M' Dickinson, being the eldest
Colonel, insisted on his right to command, and is to have it. The
four Battalions were this day drawn out when it was proposed that
two companies from each should turn out for that service so as to
make a compleat battalion from the whole ; they did it with great
chearfuUness; it -was diverting enough to see both officers and men
soliciting to be employed iu the service; some of the companies
will march tomorrow, today I might have said for the watchmen
are this moment crying past one o'Clock, the express calls on me at
eight, Hooper being gone and Penn not very well I am obliged to
write all. I intended to have wrote to iSP Iredell and M' Jones, am
much fatigued and cannot do it, excuse me to them, they have my
best wishes. Maj' the grand dispenser of all good give health and
happiness to you and all your dearest connections and protect you
and them from all calamity is the ardent wish of

Dear Sir

Your mo. obed* hum. Serv',

JOSEPH HE WES.

Letter from John Penn Delegate in the Continental Congress to

Thomas Person.

PiiiLAD^ Feb" 12'" 1770.
De.vr Sir,

I suppose you have heard before now that the Brave and Gallant
General Montgomcrj' is no more; he fell in an un.successful attack
on the Town of Quebec the 31" of Decemb" last. The particulars
you will see in a newspaj^er. Our men have been aljle to kceji the-
field and have continued the blockade as apj^ears by letters of a late
date; the Canadians in general are on our side, the People to the
Northward have showed great Spirit on this occasion, a number
having Immediately marched to Quebec on hearing of our repulse;
tliere will be several thousands before the Town next month, so that
I hope they will have eas}' work. From a newspaper-I learn that
Governor Martin has at length obtained his Vv'ishcs. Administration
having agreed to send seven Regiments to North Caronna, they were

COLONIAL RECORDS. 449

to have sailed the first of Decemb'. General Clinton left Boston
about three weeks ago, he called at New York last week to pay
Governor Trj-on a visit in order as it's thought to consult him what
measures to persue when he gets to N° Carolina and enfjuire the sit-
uation of the Country, as it is supposed he is to command the above
force when arrived. I make no doubt but the Southern Provinces
will soon be the Scene of action, as our enemies maj' ho])e to obtain
greater success there than at the Northward. Will it not be necessary
for your Committee to do something immediateh' for putting the
Province in a Condition to oppose the designs of our enemies, and
to desire the Convention to meet sooner than May in order to con-
sult what steps may be necessary for you to take? The People to
the Northward have Spirit and Resolution, which I doubt not will
carry them victorious through this contest. I hope we to the
Southward shall act like men determined to be free; it will perhaps
be necessary for you to aid the recruiting service and to put the
j\Ialitia in such a situation as to be able to march at an early notice
& to keep the Tories under; they have all been disarmed at New
York which measure I believe will contribute to the Salvation of
that Province. I don't know that a step of that kind could be taken
with you, perhaps it would be dangerous. I expect the Waggon
with the powder, drums, &c. will set off this week ; you may depend
nothing will be omitted by us to contrive you such necessary articles.
Is there any preparation for making salt petre, guni)Owder or guns?
The House of Connnons have approved of the King's speech and
promised to support him. Should they persevere in their attempts to
reduce us to a .state of Slavery by carrying on this unnatural war
with fire and sword, we must determine to act witli unanimity and
assume every power of Giovernment for the purpose of Legislation,
in order to be the better able to defend ourselves. We liave obtained
an order for 10,000 dollars for the use of our Province, which sum
is ready whenever you think proper to call for it. I supjiose the
great expense you are at will oblige j'ou to have some Continental
monej- to prevent making so much Provincial as you will have
occasion for, lest it depreciates in value; the great distance we are
off and hearing so very seldom,- gives me some concern lest matters
of consequence happen without our hearing of it; one reason for
our sending an express to inform you of the above is that I think
the expence is nothing compared to the advantage it may be of.
Please to remember me to my Friends to whom I had not time to
VOL. X — 29

450 COLONIAL RECORDS.

write. For God's sake my Good Sir, encourage our People, animate
tliem to dare even to die for their country. Our struggle I hope
will not continue long — may unanimity and success crown your
endeavours is the wish of

Dear Sir, your most ob' Serv'

JOHN I'ENN.

I send you some newspapers. I have been plagued with a pain
in my head that I can hardly endure. Remember me to y"' Lady.

J. P.

Letter from Thomas Person to William Person.

Hillsborough 12* Feb., 1776.

SiK,

I am at tliis time left without the last hopes of being down at
Bute Court. ********

Things move very well in this place the advocates for Liberty
seem very Numerous and by what we hear the enemies are likely
to prove but few in Number. In short we hear that they are
mostly dispersed up ahead. I dont think there will be any assist-
ance Required froni Your County, but as the Committee of Safetj^
for the district will I believe set Tomorrow if they should find or
think assistance .should be wanting thej' will I presume Immediately
Inform You. I am Y" afl'ly Y"

THOMAS PERSON..

P. S. Tis said that the Scotch in Cumberland are making head.
The certainty of which will be known this day I expect.

T. P.

P. S. The Fources will move from here tis thought Tomorrow
for Chatham County towards Cross Creek. T. P.

COLONIAL RECORDS. 451

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Pitt County.

Martinborougpi, Feb'y 13'", 177G.

Present: Mr. Chairman; Capt. Robt. Salter, Maj. Geo. Evans,
Simon Pope, Arthur Forbes, .John WilHams, Jas. Lanier, .Jas. Gorham,
AV-" Jones, "WiUiam Robson & Thos. Wolfenden.

Ordered, that the salt sent up to this Town by Capt. John Cooper,
agreeable to an order of the Committee of Safety for Newbern Dis-
trict be landed in Edw'd & Robt. Salters Store Received and sold
out by Thos. Wolfenden in small parcels at five shillings ^ bushell
to each fiimily according to their present necessit}^, & that the said
Wolfenden have a discretionary power to administer an oath to anj^
person or persons that he suspects, applys for a larger Quantity
than is necessarj- for their present wants.

Resolved likewise that the sd. Wolfenden Deliver Col° Robt Salter
Commissary one hundred bushels of * * * * *

* * * the State of the County that many of the Patrolers

formerly appointed have gone into the army for the services of their
Country —

Resolved that tlie following persons be added to the number of

Patrolers formerly appointed, Sterling Dupray, Henry ,

Henry Williamson, John Williams, Esq., Edw'd Flanigan, Joel
Sugg, Allen Sugg, Geo. Sugg, iSTath. Lanier, Thos. Tison, Henry
Ellis, Sam'l Stafford, Josiah Asku, Dempsey Allen, Geo. Moy,
Samuel Chery, .James Brooks, W" Burney, Isaac Stocks, Arch*
Adams, Geo. Williams, Jas. Lathem, John Lanier, Thos. Sheppard,
Howell Hodges, Robt Hodges, John Little, Seth Lanier, Randal
McDowell, John Floyd, Thos. Williams, Jas. Alberton, John James,
John ]\Iondrin, Edw'd Dixon, Edmond Andrews, Live Andrews,
Robt. Williamson, Alfred Whoatlv, Mathew Luther, Charles

452 COLONIAL RECORDS.

[Rkprinted from the American Arciuves. Vol. 4, P. 1129.]

Manifesto from Thomas Rutherford, Colonel of the Cumberland

(North Carolina) Militia.

Cuoss Creek, February lo"", 1776.
To THE Lovers op Order and Good Government:

Whereas, I thought it expedient, for the support of our excellent
Constitution, which the rebellious and disaffected have of late en-
deavoured to overturn, to call a general muster of the County of
Cumberland at Cross-Creek, on Monday the 12"' of this instant; and
as, from the idle and false reports spread by wicked and ignorant
men, great numbers of His Majesty's liege subjects have failed to
attend, and others, who did give their attendance, have shown them-
selves influenced by those unjust apprehensions of danger:

This is, therefore, to command, enjoiii, beseech and require all
His Majesty's faithfull subjects within the County of Cumberland to
repair to the King's Royal Standard at Cross Creek, on or before the
16"' present, in order to join the King's army ; otherwise they nmst
expect to fall under the melancholy consequences of a declared
rebellion and expose themselves to the just resentnicnt of an injored,
though gracious Sovereign.

THOMAS RUTHERFORD, Colonel.

[Reprinted from American Archives. Vol. 4. Page 1129.]

Extract of a Letter from Newbern, North Carolina, Dated February
13*, 1776.

An express arrived here yesterday from the back country, inform-
ing us that the Regulators and Tories were making head there, and
intended marching to Cross-Creek, and from thence to Cape Fear.
I am of opinion they will get well flogged before they reach Cape
Fear, provided they will fight. Our Minute-Men, and part of the
Militia, inarch to-morrow, and will join Colonel Caswell in Dobbs
County, from which place he will march in two or three day.s, with
near a thousand men under his command. Col. John Rutherford
informed me, this day, that Colonel Ashe, in New Hanover County,

COLONIAL RECORDS. 453

was on his march, two days ago, against the Regulators &c. with
near two thousand men. If three or four more of our Colonels in
this Province raise as many, which I expect will soon be the case,
they will be able to attack ten thousand Regulars, and beat them
too, as I think our men wi-11 fight with great resolution.

[Rkprinted from the American Archives. Vol. 4. P. 1127.]

Letter from Lieutenant Governor Colden.

February l-i'\ 177G.
Dear Sir:

I received a few days since yours of the oO'" of November, 1775,
informing me of the appointment of a Secret Committee. I am
sorry, however to say that, second and last upon the list, are men
in whom I cannot confide; and I am not a little surprised that it
should so happen that these two men are upon such a Committee
while others are omitted with whom I am known to be in habits of
communication and confidence. I therefore trust this with you, and
not with the Committee, in whom I cannot repose any confidence,
till these two men are removed. I have written to you repeatedly,
and by some conveyance which I think, cannot po,ssibly miscarrJ^
The enclosed list is the Ministerial army upon paper. In effect, it
will amount to about fifteen thousand Germans, and eighteen thou-
sand British ; their destination I can now give you with .some cer-
tainty; four thousand Brunswickers and "Waldeckers, with five
hundred Hessians from Hanau, are now at Stade, a port in Hanover,
ready for immediate embarkation, and destined for Canada, to be
joined by the Twenty-ninth Regiment, and one thousand draughted
from the Foot Guards under Colonel Mathews. There is to be
another embarkation in the Spring, from Ireland for Canada, and
the whole is to be commanded by General Burgoyne, and Carlton
I believe recalled.

The second body, being Hessians, are to march this day for Stade,
and the third on 14"' of next month ; these are for Boston. Lord
Cornwallis, with six regiments, to sail immediately from Cork for
Virginia, where General Clinton is to take the command. They
have certain assurances of being joined by the Scotch in A^irginia,
and those on the borders of North Carolina, under the command of

454 COLONIAL RECORDS.

one McDonald. In the mean time, they have been directed to pro-
tect themselves under a treaty of neutrality. Besides this land force,
Lord Howe is to have a fleet of seventy-two sail, to block up the
coast. For this purpose, large ships arc to be stationed at the mouths
of the great rivers, and the rest are to cruise at some distance from
the coast three deep, but not in file, so as to render it more difficult

to cross them — as thus: They are to get possession of New

York and Hudson's River, so as to cut off all South and North com-
munication ; and the}^ have some idea of attacking Canada too, by
Montreal. Halifax is to be their naval magazine. The Germans
are commanded bj' two Lieutenant-Generals, of whom the eldest is
named DeHeister, and has some militarj^ character. This is the
favourable view of their plan. On the contrary, the whole armj-,
native and foreign, is averse to the service, so that it is much aj^pre-
hended, that if the Provincials are dexterous in throwing amons
them advantageous propositions, and faithful in performing them,
the desertion will be immense.

The British troops have not one in five that is a soldier, the rest
areboj-s and debilitated manufacturers, just recruited, at the reduced
standard of five feet four inches. A vast number of the best subal-
tern officers have quitted the service. It is thought the}' will
make Howe Commander-in-Chief, which must disgust the German
Generals, who are much older. The expense will be immense; the
difficulty of providing magazines immense ; and another campaign
hardly possible. Lord George Sackville is the Minister with abso-
lute and hated authority, even in the Cabinet. He is a rash, impe-
rious and unprincii)led man, with moderate abilities, and much
plausibility, but wholly under the Counsels of your Countrymen,
who push this matter on with blind violence. Great expectations,
too, are entertained from treachery in the Provincials. D"" Church
was in league with others particularly Fleming, the printer. This I
have from Ministerial authority, which may be depended on. They
will also endeavor to depreciate the Congress paper, by tlirowing in
forged botes. A General of tlie first rank and abilities, would come
over if the Congress would authorize any one to promise him a
proper reception. This I had from Mr Lee, Agent for Massachusetts;
but it must be secret with you, as I was not to mention it. Adieu.

COLONIAL RECORDS. 4.3.")

[From MS. Records in Office of Secretary of State.]

Letter from .John I'enn, Delegate in the Continental Congre^H, to

Thomas Person.

Philadelphia, Feb'' 14*, 177G.
Dear Sir,

From a newspaper published in Ireland which arrived here today
I find that the Parliament there have agreed that 4,000 Troops there
should be employed against America, and to receive the like num-
ber of Hanovarians in their room. It also appears that Lord North
had moved to bring in a bill to repeal the Boston Port Act, their
Fishery, and the restraining act which prevents the trade of the
Colonies, but to license his Majesty's armed vessels to seize the
American ships wherever bound and to make prizes of them and
their cargoes. There were 190 odd for the motion, 60 against it. It
appears that the King and his ministers are determined if possible
to subjugate us to the control of a British Parliament. All accounts
mention that they intend to send a large Force against the Spring.
It is said seven Battalions are alloted for N" Carolina. Have we
any way of opposing them and keeping those under that are inimi-
cal to us? The Virginians I make no doubt will be ready and will-
ing to assist you upon every occasion, but- may you not suffer before
their Troops could get to you? I have the pleasure to assure you
that our Province stands high in the opinion of Congress. The
readiness with which you marched to A'irginia and South Carolina
hath done you great credit. It will be necessary to keep up a certain
number of Battalions in the Southern Colonies, to be ready to pre-
vent our enemies from landing and penetrating into the Country.
Those that are not raised in our Province, will be in "\'irginia, S"
Carolina or Georgia. From our situation it is thought they could
easier and sooner assist their Brethren than from any other part. I
suspect we shall not be able to do much in the trading way when
we open our ports as the British minister has been soliciting all the
Powers in Europe to refuse to supply us with arms and ammunition
or to trade with us at all. They have succeeded in several places so
that our ships were obliged to return empt}'. In such a condition
would it not be prudent for j-ou to employ as many of your People
at the expense of the. Colonies in general as you can? Will it not
be a means of providing for a number who might otherwise suffer,

456 COLONIAL RECORDS.

and at the same time making them good soldiers, the better able to
defend their countr}' when necessarily called upon? Could you raise
four or five Battalions in the whole? If you can and approve of
the measure let us know immediatel\', but in this matter exercise
your own prudence; you are better judges tlian I can be. Our dis-
pute with Britain grows serious indeed. Matters arc drawing to a
crisi.>~. They seem determined to persevere and are forming alliances
ag' us. Must we not do something of the like nature? Can we
hope to carry on a war without having trade or commerce some
where? Can we ever pay any taxes without it? Will not our
paper money depreciate if we go on emitting? These are serious
things and recjuire your consideration. The consequence of making
alliances is perhaps a total separation with Britain and without
something of that sort we may not be able to provide what is neces-
sary for our defence. My first wish is that America may be free;
the second that we may be restored to peace and harmonj' with
Britain upon .Just and proper terms. If you find it necessary that
the convention should meet sooner than May let us know of it as I
wish to return at that time. I have been very sick for two or three
days but am getting well again. I beg you will remember me to
my Friends and am

Dear sir, Your mo: ob' servant,

JOHN PENN.

I send you a pamphlet called "Common Sense," published here
ab' a month ago.

[From M.S. Recokds ix Office of Secret.vry of State]

Proceedings of the Safety Committee at New Bern.

North Cakolixa, \ j,_.
New Bern District, j

In the Committee of Safety for the District of New Bern, lo"' Feb''
1776.

Present: Col. Richard Cogdell, President; Doctor Alex"' Gaston,
M' William Tisdale & Richard Ellis Esq'.

The Members present taking under Consideration the defenceless
State of tlie Town and Neighbourliood of New Bern, and having
received Intelligence from Cape Fear that a Vessel has been lately
fitted out by the Ships of War on that Station, drawing but eight
and a lialf feet water, and being under .some Apprehensions that

COLONIAL RECORDS. 457

such armed Vessel mny be destined to attack the Town, therefore
thought it necessary & expedient for the Safety and Protection of
both, that one hundred Men exckisive of Officers, of the Mihtia of
Craven County be stationed at New Bern.

Resolved therefore that Col. .John Bryan embody or cause to be
embodied, under the Command of Major .John TiUman, one hun-
dred effective men instead of two hundred mentioned in a Resolve
of the Committee the tenth Instant, from such Companies of the
INIilitia as he shall think proper, and that Capt. Levy Dawson, Capt.
Thomas Shine, Lieutenants William Daw.sou and Jesse Bryan, and
Ensigns Gideon Carrawav & Daniel West, officers of said Militia be
employed in the said Service, or such others as Col. Bryan may
appoint, and that tliey repair to New Bern as soon as possible.

Resolved also that said Officers and ]\Ien, so long as they are upon
Service, be entitled to the same pay and Provisions as is directed by
the Provincial Congress, untill discharged by the Provincial Council
or Committee of Safety, from the said Service.

Resolved that Col. John Bryan supply the j\Iilitia embodied as
aforesaid, with Fire Wood and Candles, during the Time they are
in Service, and be allowed for the same by the Public.

Resolved that M' Robert Turner be appointed Commissary for the
Purpose of supplying Provisions, and that he be allowed for the
same, as other Commissaries are allowed to be paid by tlie Public.

[From MS. Records ix Office of Secretary of State.]

Letter from Joseph Hewes, Delegate to tlie Continental Congress, to
James Iredell.

Philadelphia, 17'" May, 1776.
Dear Sir:

This being a day of humiliation, fasting and prayer (or in vulgar
language Congress Sunday) I mean to steal as much time from my
private devotions as will serve to acknowledge the receipt of your
agreeable favour of the 29"" ultimo, which has just reached me.
Complaints of distresses made to our friends, it is said, is some alle-
viation of them. I cannot say the observation is true; however I
must complain a little. An obstinate ague and Fever, or rather an
Intermitting Fever, persecutes me continually ; I have no way to

458 COLONIAL RECORDS.

remove it unless I retire from Congress and from public business ;
this I am determined not to do till N. Carolina sends a further dele-
gation, provided I am able to crawl to the Congress Chamber. So
much for self. A little politicks and I have done. Much of our
time is employed in raising men, making Cannon, muskets, & merely
finding out ways and means of supplying our Troops with Cloathes,
provisions and ammunition. We appear to have everything we
want. We resolve to raise regiments, resolve to make cannon,
resolve to make and import muskets, powder and cloathing, but it is
a melancholly fact that near half of our men, Cannon, muskets,
powder, cloathes, &c., is to be found nowliere but on paper. We are
not discouraged at this; if our situation was ten times worse I could
not agree to give up our cause. To the whole force of Great Britain
has been added near half of Germany, 25,000 Hessians, Waldeckers,
and others have been expected for some time past. Indeed the
repoit of this day is, that a large detachment of them with the Com-
missioners are arrived at Halifax in Nova Scotia. The latter, it is
said, are coming here to treat with Congress; in the mean time the
former are to wait the event of the Treaty ; if it succeeds not, tliey
are to spread the horrors and devastations of War from one end of
the Continent to the other. Whether this be true or only the lye of
the day, I know not. It is too true that a great number of tliem,
Germans, are taken into British pay. I have not heard anything
from your Congress at Halifax since the 22'' of April. I am anxious
to know how they go on in forming a Constitution, and more
anxious to know how they deil^id their Country, for I expect a for-
mal attack has been made on it before this day. This you will
receive by IMr. Louthcr, to whom I must refer you. He is just from
headquarters and will be able to give you some account of our
Army. My compliments to Mrs. Iredell & ^Irs. Blair. You and
they Lave always the best wishes of

Dear Sir,

Your much obliged

and very hum' s"',

JOSEPH HEWES.

James Iredell, Esq.

COLONIAL RECORDS. 459

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee at New Bern.

North Caroliva, ) ^^ '

New Bern District.) ' '

At a j\Ieeting of the Committee of Safety for the District of New
Bern, by Adjournment on Wednesday the twenty first Day of Feb-
ruary A. D., i 776.

Present: Col. Ricliard Cogdell, President; Doctor Alex' Gaston,
M' John Easton, Col. William Thomjjson, Richard Ellis Esq'., Col.
John Simpson, M' William Tisdale.

The Committee adjourned till to Morrow morning nine o'CIock.

Thursday the 22^ Feb", 1776.

The Committee mett according to adjournment.

Present: Col. Richard Cogdell, President; Col. John Simpson,
Richard Ellis Esq', M' John Easton, IM' William Brown, Doctor
Alex' Gaston, Col. William Thompson, M' William Tisdale.

M' Robert Jamison exhibited to this Committee an Account for
Eight Guns furnished to Major Patten, for the Use of the second
Regiment of North Carolina Provincials commanded Ijy Col. Howe;
and also for one hundred & twenty five pounds advanced at the
Instance of the Committee of Pitt County towards paying the
Bounty to the Minute Men of Capt. Armstrong's Company, agree-
able to a Resolution of the Congress, which Account amounting in
the whole to the Sum of one hundred and forty seven pounds were
examined and allowed, Resolved therefore that the Public Treasurer
pay the same.

William Palmer Esq' Collector of the Rum Duties for the Port of
Bath, in Consequence of a Notice from this Committee app'eared &
exhibited his Account of Duties by him received from the twenty
second day of October A. D. 1772 to the thirtieth day of May A. D.
1774, whereby it appears that he is indebted to the Public the
Net Sum of £208.18.7, after deducting Commissions at Seven & a
half per Cent, amounting to £16.18.9. At the same Time the .said
William Palmer exhibited to this Committee a subsequent Account
from the fourteenth Day of September A. D. 1774 to the twenty
second Day of August A. D. 1775, by which it appears that he is
indebted a furtlier Net Sum of £121.11.61, after deducting tlie Sum

460 COLONIAL RECORDS.

of £9.17.11 his Commis.sions for collecting at Seven & a half per
Cent, which two Sums of ]\Ioney amounting in the whole to
£330.10.1*, due from the said William Palmer to the Public
Treasury of this Province, which accounts are sworn to and filed in
the Committee. Resolved tl>erefore that the said William Palmer
pay the same, in six Weeks, to the public Treasurer of the Southern
District, or to this Committee, and also a further Sum of Forty
pounds Eight Shillings which the said Willifwn Palmer is to collect,
from Persons who have given their Notes of Kand for Monies due
for Duties not yet received by him.

Thomas Jordon Esq' late Sheriff of Hyde County appeared agree-
able to Notice given him, and rendered his Account of the Eight
and four pence Public Tax by him collected in his County for the
Year 1772. It appears that he is accountable for Eight hundred
and seven Taxes at Eight & four pence amounting to the Sum of
£33G.5.0 and that he was allowed by the County Court of Hyde fifty
one Insolvents amounting to £21.5.0 and that he hath paid to the
Public Treasurer tlie Sun.i of £100.6.10 and is allowed £25.4, his
Commissions for collecting, as well as the Sum of £10 for his sallery,
agreeable to Law, and tliat he hath paid in Public Orders £18.0.2
and in Money to this Committeethe Sum of £101.9.0, to be paid to
Col. Caswell, Treasurer of the Southern District, for the Use of the
Province, which closes his Account for the Year 1772.

Alderson Ellison Esq', Sheriff of Beaufort County by his Deputy
Thos. Ellison appeared before this Committee & rendered his
account for the Public Tax in said County, by him collected for the
Year 1774 wherein he credits the Public for Eight hundred & twelve
Taxes at 4d per Taxable, amounting to the Sum of one hundred
and Seventy five pounds Eiglitecn Shillings and Eight pence Proc.
money, and charges fifty nine Insolvents allowed by the Court as

l^er Certificate £ 12 15 8

His Sallery for Public Services 10 0 0

His Commissions on £163.3.0 at 8 per C 13 4 0

His Sallery for the Year' 1773 10 0 0

An Order for William FuUerton, 2 Years Allowance at

£20pcrYcar . 40 0 0

An Order for the same Man one Year, 1775 20

Paid Surah Bond for Ferriages 31 13 4

Paid William Brown for Ditto 23 13 4

£161 6 4

COLONIAL RECORDS. 461

Which several Cliai'ges in the above Account, some of them per-
haps objectionable, we refer to Col. Caswell the Treasurer of the
Southern District. Resolved that the said Alderson Ellison do in
Six "Weeks from this Time wait upon Col. Caswell The Treasurer
aforesaid and settle .said Account.

Agreeable to a Resolve of this Committee on the Seventeenth of
January la.st respecting Six hundred Bushells of Salt from tlie Brigg
Defiance commanded by Capt. Cooper, which was directed to be dis-
posed of & sold by the Committee of the Town of New Bern, in
Consecjuence of which the Committee of said Town employed M'
Thomas Sitgreaves to make sale of said Salt at public Vendue, and
that the Money arising from the Sale thereof be paid into this Com-
mittee, Whereupon the said Thomas Sitgreaves hath this Daj' ren-
dered his Account of the Sale to the amount of £119.2.11 and out
of the Sale the Sum of £6.9.7 was allowed him for his Commissions,
he having paid the Sum of £SS.5s by Order of this Committee to
Major .John Tillman for his Expeuce in bringing the Brigg Defiance
from Woodstock to New Bern, the Ballance being £24.17.11, the
said Thomas Sitgreaves hath paid to this Committee to be paid into
the Hands of the Treasurer, — until otherwise disposed of by the
Congress, agreable to a former Resolution of this Committee.

Resolved that the Proceedings of the following Members of the
Committee of Safety, to witt. Colonel Richard Cogdell, Doctor
Alexander Gaston, M' William Tisdale and Richard Ellis Esq' at
their Meeting on the tenth of February as well as their Prpccedings
on the fifteenth of the same Month are approved of and confirmed,
and that the same be entered upon the Minutes & Resolves of this
Committee now sitting, and be in Force until the Pi'ovincial Con-
gress or Council shall otherwise determine.

Resolved that the sum of one hundred and one pounds nine
shillings Proc. money received by this Committee from Thomas
Jordan Esqr Sheriff of Hyde County be deposited in the hands of
Col. Richard Cogdell President of this Committee and by him to be
paid to the Treasurer of the Southern District; and that the sum of
Twenty four pounds Seventeen Shillings and Eleven pence received
by this Committee, the net proceeds of the salt sold on Board the
Brigg Defiance, agreeable to a former Resolve be also deposited in
the Hands of the President of this Committee by him to be paid to
the Treasurer of the Southern District.

The Committee adjourned till tomorrow 9 "Clock.

4G2 COLONIAL RECORDS.

• Friday, 23'' Feb^ 177G.

The Committee mett according to Adjournment.

Present: Col. Richard Cogdell, President; IVP John Easton, M'
William Tisdale, Richard Ellis, Esq', William Brown, Esq', Col.
William Thompson, Doctor Alex' Gaston, Col. John Simpson.

Complaint having been made by Basil Smith, to this Committee
that he was Security in a Bond for John Edge Tomlinsou to Samuel
Cornell Esquire in a large sum of Money, which he the said Basil
Smith hath since paid, and discharged, as appears fully to this Com-
mittee, before whom he produced said Bond, and a Receipt for the
Contents thereof, and tlie said John Edge Tomlinson refusing to
reimburse and pay the said sum of money amounting in Principal
and Interest to Eighty Six pounds three shillings and four pence
Proc. money, and failing to give security for the same, on motion

Resolved that Process issue against the said John Edge Tomlin-
son to take his Body and confine it in the Gaol at New Bern, until
he satisfy the said Basil Smith in the sum of Eighty si.\. ]tounds
three shillings & four pence aforesaid, or give him sutRcient security
therefor.

Col. John Simpson exhiliited to this Committee an account of
sundry Expenses for liis own services & tlie hire of several Men &
Boats in securing & transporting a Quantity of Powder imported
by the 'Committee of Pitt County for the Use of the Province,
amounting to Eigliteeu pounds five shillings & six pence Proc.
money, which ace' was sworn to, approved of and allowed.

Resolved therefore that either of the Treasurers of this Province
pay said account, and be allowed by the Public for the same.

Whereas a certain Robert Aitchison, a midshipman on Board of
the Si/rcii Man of War commanded by Tobias Furncaux Es(j'' arrived
in the Town of New Bern last niglit from the Sloop called the
J\'</!/'j commanded by Ca))' Sacks, whicli said sloop was on the ninth
Day of February seized b}' the said Tobias Furneaux, who took
from Board her three men & tiie nnite, at Sea, at a Place called the
Frying Pann, and the said Robert Aitchison being put on Hoard
her with a Pilot & three sailors from on Board the Si/rrii with
Directions to carry her to Gap' Perry Commander of his ]\rajestys
Slii[i the Vni I zrr at Cape Fear, b)' contrary tt hard Gales of Avind
said sloop suffered much in her Tackle, Sails & Furniture, and was
■forced, by accident, into Oacacock Bar where the said Robert
Aitchison was under Necessity of giving up the Sloop & Cargo then

COLONIAL RECORDS. 463

on Board consisting of Rum, Sugar, ^folasses, Salt and (Jimi to
Cap' Sacks, who employed a Pilot Boat witli two Hands in wliicli
the said Aitchison and three Sailors, to witt, John Leech, Jacob
Collins and Richard Dunniver came up to New Bern & surrendered
themselves to this Committee.

Resolved that the said John Leech, Jacob Collins and Rich-
ard Dunniver be at Liberty, and that their Cloatlis be returned
them.

Resolved also that the said' Thomas Aitchison be admitted upon
his Parole of Honor to the Prison Rules, and in Case he exceeds
the Bounds thereof, he is to be confined in close Gaol and that all
his Effects be returned him except his Papers and Coitfrau.x dc Clicme
and that jM'" Hatfield be allowed fourteen, shillings Proc. money f?
week iov his Board and Diet, untill the Provincial Congress or
Council shall otherwise determine, to whom the above Resolves are
suljmitted.

^Ir David Barron produced to this Committee an order dated the
twelfth Day of February A. D. 1776, drawn upon him by Col. Rich-
ard Cogdell, M' William Tisdale, Doctor Alexander Gaston, Richard
Ellis and "William Brown Esquires for the sura of Twenty pounds
applied and by him advanced to pay for work done on Guns, Car-
riages and for Horse Hire, and other Services to further the Expedi-
tion against the Imsurgents. Ordered that either of the Treasurers
paj' the said David Barron Twenty pounds, and be allowed for tlie
same in his Account with the Public.

The Comanittee adjourned till to-morrow ^horning 0 "Clock.

Saturday, the 24'" Feb^ 177(:).

The Committee mett according to adjournment.

Present: Col. Richard Cogdell, President; ]\I'' John Easton, Col.
William Thompson, IsV William Tisdale, IV Richaixl Ellis, Doctor
A^ex'' Gaston, William Brown Esq'.

Whereas heretofore Notices to the Defaulters for Public money in
the Hands of Sheriffs and other Collectors of the public Taxes and
Duties in the District of New Bern were issued requiring their
attendance before this Committee the twenty-first Instant, in Order
to settle and pay the Arrears due from them to the Public Treasury,
and only three persons attended agreealde to the notice given them,
It is therefore Resolved that alias Notices do issue for thS same Pur-
pose, returnable to the Committee of Safety for this District to be

464 COLONIAL RECORDS.

held at New Bern on the first Tuesday in April next, and on Fail-
ure of their Appearance Process do immediately issue against the
Defaulters, agreeable to a Resolve of the Congress in such Cases
made and provided.

Resolved that the Notices to he sent for the Purpose aforesaid,'
shall be in the words following, to witt.

By the Committee of Safety for the District of New Bern on Satur-
day, the •24* day of Feb^ A. D. 177(5.

To late Sheriff or Collector of Public Duties and Taxes

in the County of

Sir:

It appears by accounts filed in this Committee by the Southern
Treasurer that you are a public Defaulter for Taxes (or Duties) by

you collected in your County for the year 177 -_ in the sura of £

and for the year 177-- in the sum of £ , that you have failed to

appear before this Committee the twenty-first of this Instant Febru-
ary, agreable to notice given you. You are therefore a second Time
to take Notice that on the first Tuesday in April next the Committee
will meet again at Newbern, when and where you aro. rec^uired to
attend, and settle your public accounts, on Failure whereof a ]\Iotion
will be made for Process to issue against you, agreeable to the
Resolves of the Congress at Hillsborough.

Resolved tliat the Secretary furnish eacli of tlie i)ublic Defaulters
with a Copy of tlie above Resolve.

Complaint having been made by Col. Richard Cogdell Agent and
Attorney for M' John Wright Standley that William Barlow, a
transient Person, is indebted to said Standley in a considerable sum
of moiiej'', as appears to this Committee, by accounts produced be-
fore them, which he refuses to settle or pay.

Resolved therefore, Process issue against said ^^'illiam Barlow to
take and confine him in Gaol where he is to remain until he give
sufficient security therefor.

Resolved that Col. Ricliard Cogdell be allowed the sum of ten
pounds Proc, Money for the use of his Room and for fire wood and
Candles supplied this Connnittee with at their ditl'erent meetings to
this Time, and that the Treasurer of the Southern District pay the
same and be allowed in his account witii the Public.

COLONIAL RECORDS. 465

Resolved that Mr. John Cooke be allowed Eight pounds Proc.
Money for his services this Session as Seci'etary to this Committee,
and that either of the public Treasurers pay the same and be
allowed in his account with the Public.

Resolved that tliis Committee be adjourned until the first Tues-
day of April next, then to meet at New Bern, and that notice thereof

be given in the Noiili Carolina Gazette.

R^ COGDELL, Pres'.

A true Copy — By Order .Jn". Cooke, Sec''.

[From MS. Records in Office of Seceetary of State.]

Letter from Colonel William Purviance to the Provincial Council.

WtLMiNGTux '23" Feb'^ 177G.
Gextlemex,

On the 9"" Instant upon the Arrival of an Express that the Regu-
lators and highlanders were in Arms with an intention to join Gov-
ernor Martin, I had notice from the Committee of Wilmington to
have my regiment in readiness; and soon after, Orders from Colonel
Moore to prepare for marching against the insurgents. My zeal for
the common Cause in some measure surmounted every difficulty. I
dispatched part of the regiment and Captain Young's rangers, by

Order of the Committee to Horses, Carts, Boats, &c. for the

service of the military, and during upwards of eighty hours of
severe Service night & day with the assistance of the Regulars &
minute men whilst they were here, happily effected every thing
necessary.

The Tvro companies of minute men in this County, and somewhat
above eighty otlaers under tlie command of .John Ashe Esq' and
stiling themselves Volunteers, together with a considerable number
of disaffected Persons, reduced the Number of figliting Men in m}'
^ County so much, that it was thought necessary with so small a Num-
ber that remained, that I should stay behind, to protect the Town &
adjacent Country from an\' insults that might be off'(*ed in the
Absence of the Troops by the Ships of War; unequal as I know
myself, and as indeed I must necessarilj^ be, to any military com-
mand, I chearfully exerted myself to fill a department which of
Course fell upon me and which there was not any other to undertake.
VOL. X — 30

4GG COLONIAL RECORDS.

By the resigns Uon of Lieu' Col. Devane, who nobly relinquished
his rank to command a minute Company which otherwise could
not have been Raised, I wasmnder the necessity of ordering for
the present ^hijor "Ward to act in that department, Capt" Young to
Act as first I\Iajor, & Adjutant Dubois as second. I hope this selec-
tion will meet with the Approbation of your honourable Body as
M' Young & jVr Dubois are two of the most active officers I have
and the best acquainted with military discipline. AP Dubois still
continue ^ to do the duty of adjutant as well as major, no other per-
son in my regiment being equal to the dutj-.

On AVednesday the li* instant in the evening the committee
received rei)oated expresses from Brunswick that the Cruhcr Sloop
of War with a Tender had passed that Town, and was on her way
u{). We had then, in the general Confusion, no doubt but that the
intention was to destroy Wilmington, unless we Should submit to
ignominious Terms. This opinion had .such an instantaneous effect
upon the Inhabitants, who had a number of enemies among them,
that they, as if by concert, immediately began to remove their effects.
The Town is now almost cleared of all kinds of Goods, and of the
women & Children. Since that time I have been reinforced by
Captain Clinton's ("ompany of minute Men from Duplin, a minute
companj^ from Onslow, and part of the Militia of this last County,
under the Command of Col. Cray. I h-ave also liad between 50 &
GO Men under Major Quince from Brunswick County, and v.'ith all
those forces I have been almost oonstantly employed, in throwing up
Breastworks on tlie principal Streets & Wharfs and the hills above
& below the Town, tliese I shal! soon have Compleated, so as to
prevent the landing of any men from the vShips — I am making the
necessary preparations for fire rafts and shall be able to make use
of what swivels are mounted, and of a number of blunderbusses.
But I am now assured the Ships never will venture to A\'ilinington.
Tliey too much dread the rifle men to appi'oacli us. Tlu^ Cnn'urr
and her tender attempted to go up the North A\'ost River, on tlio
West side of the great Island, opposite to Town, but found fliere
was not sufficient Water all the Way, and they returned. It is
tliought tilt intention was to favor the Regulators & the Iiighland
banditti, whom they expected in Triumpli, and to [irotect tlie Pro-
A'ision Boats which would Consequently come from Cross Creek for
tlieir Arnn' and Shi[)s. After the Critizcr Had fallen down lielow the
Island, her people went several times on Shore at M' Ancrums

COLONIAL RECORDS. 467

Plantation, Carried off his live Stock and vegetables, and attempted
to seize his Negroes, who fled to the Woods. They have even taken
awa)' a parcel of printed Books, Old Clothes &c. and threatened to
burn the house. I therefore thought it necessary to dispatch Major
Quince with his detachment to protect the inhabitants on the West
Side of the River, as I found that the more necessary, as Col. Davis
of Brunswick County informed me yesterday, that there were 50
men from the Ships at the fort, pillaging the Inhabitants. Capt"
Dupre with only 15 Men arrived at M' Ancrums plantation just as
the Ci'uizcrs Boat was coming ashore the third time, fired upon
them, which was returned, and kept up about a minute, when the
Sailors pushed off with precipitation. We certainly did some exe-
cution, tho' they carried off their Men. The Oruizer fired three Guns
without effect, since this the ship is gone dov,-n below the flats.

On Wednesday last, I rece'd Intelligence that a boats crew from
the Scorpion, which is also below the flats, went ashore on the East
side of the river, and killed some hogs, steer, &c. Captain Clinton's
minute-men are gone down and I make no doubt but with prudence
they will be able to seize the next party that presumes to come on
shore, as they are to remain there three days. I have got in confine-
ment several Tories and suspected Tories. Many of those still here
had inrolled themselves with Col. Ashe, in order, as is believed, to
skreen themselves from duty; but when the day of trial came they
shrunk back. That Gentleman went so far as to inlist an open
Enemy who Iiad been disarmed b}- the Committee and even pre-
sumed to require his arms. It was not however thought proper to
comply with tliis preposterous recjuisition. On the contrary the
Committee disarmed every man wlio would not take the Test of the
Congress in form of an Oath. Tlie neutrals, as they call themselves,
have been forced greatly against their inclinations to work at the
breastworks.

If my weak Endeavours can an\- way tend to support the Cause
of liberty, and should meet your approbation, if will be an additional
pleasure to what I feel from a consciousness of having to the best of
my ability done my duty.

24"' February.

Since I wrote tlie above, an express arrived from Col. ^Moore's
headciuarters at Rockfish Creek, near Cross Creek, by which I am
informed that the insurgents, on the Evening of the 20"" Instant,
had marched across tlie River at Campbleton, and encamped on the

468 COLONIAL EECORDS.

Eastern side. Col. Moore thouglit it probable the\' might attempt
to come down, either by the black River Road, or through Duplin.
He therefore despatched an Expres.s to Col. Caswell, who had passed
Black River, on his way to the main body, with 11 or 1200 men.
Col. Caswell immediately returned and marched downwards to
secure the most important position, and gave Orders over the
Country to break the bridges on the approach of the enemy. By a
letter which I received from M' Gray of Duplin this morning, I find
that the bridges in that County are 2)artly demolished, and that the
inhabitants are in readiness to destroy the rest, as soon as it may
become necessary, in which they will be assisted by Captain Salters'
Company, who wait for that purpose.

I have sent as strong a detachment as I could spare to the impor-
tant pass of Herons Bridge, on the North East, and another of 120
Men to IMount Misery on the Northwest, over which I have ordered
a Boom, which will be compleated this morning; for as the insur-
gents are in j^ossession of all the Cross Creek Boats, they may easily
transport their men, provisions, and ammunition by water. I have
acquainted Col. Caswell with what I have done and requested his
Assistance.

The insurgents consist principally, ofRcers as well as privates, of
highland banditti, most of whom have been treated in a friendlj'
manner in this town, and many of them charitably relieved with the
immediate necessaries of life. There are not 200 of the old Regulators
amoiig them, and the whole do not make more, at the most, than
900, being carefully numbered as they marched to Campbletown.
Col. Moore's Army were full 1500, and on the night of the 20"" In.s'
Col. Martin was within a few miles of Cross Creek, with near 2000
men, which probably occasioned their sudden march.

The Ships of War, which threatened us for some time, are all
fallen down to Brunswick. Their people have been so nuich har-
rassed on both sides of the River by the Riflemen, that I imagine
their station became uneasy: but I am inclined to believe they lost
all hopes of the arrival of their friends, and probably might receive
intelligence (notwitlistanding all the precautiim that was n.'^ed) that
their friends were so situated tliat it was scarcely jtossible for them
to come. I have upwards of twenty Tories in custody, and expect
a considerable number more to morrow.

I have the honour to be, witli the greatest resp', Gent",

Your most obedient servant,

AV" PURVIANCE.

COLONIAL RECORDS. 4C.9

[Reprinted from the American Archives. Vol. 4. Page ]4S'^.]

Extract of a letter from a Member of the Provincial Congress of
Xorth Carolina to Colonel Howe, dated Halifax, Feb^ 24'\ 1776-

A gentleman of the name of Smith has just now lodged seven of
the leaders of the Regulators in Halifax jail, among whom are four
of the Fields. The names of the others I do not know, but neither
Hunter nor Piles are amongst them. He informs me that the insur-
rection is entirely suppressed with respect to the Regulators, and
says he thinks the Highlanders are dispersed before now. I do not
give implicit credit to this last mentioned conjecture, because we
have later accounts than Mr Smith's, (who was only as low down, I
believe, as Chatham Court House,) which contradict it. However
it is clear to n^ie that there will not be a gun lired upon this occa-
sion; for the number of our troops (not less perhaps than five thou-
sa«d) will undoubtedly awe the Highlanders into submission, if
they are not already dispersed. Governor Martin, it seems, had
kept up a correspondence with tlie disaffected in the western part of
this Province, and formed a plan of insurrection, issued Colonels'
commissions to many Counties for this purpose, and ordered that
such men as should take arms should repair to the Royal standard,
at Brunswick, by the lo* of this month, promising that they should
be then and there supported hj five thousand Regulars.

Your mind being relieved from all anxiety for us, 3'ou will be at
full liberty to exert all your powers for the good of A^irginia; and I
flatter mj^self that your conduct will bring credit to your County,
and honour to yourself.

[Froji MS. Records in Office of Secretary of State.]

THE JOURNAL OF THE PROCEEDINGS OF THE PROVIN-
CIAL COUNCIL OF NORTH CAROLINA HELD A'P NEW
BERN ON THE TWENTY EIGHTH DAY OF FEBRUARY
ANNO DOM. 1776.

North Carolina.

Pursuant to a Resolve of the last Provincial Council held at the
Courthouse in the County of .Johnston, the said Council was to liave

470 COLONIAL RECORDS.

been held the seventeenth day of jNIarch next, at the place afore-
said; but Mr President finding it necessaiy, required a meeting
sooner than that jieriod, and summoned the members thereof to
meet at the Town of New Berne on the twenty seventh day of this
instant, February 1770 and a sufficient number of Members not
appearing untill the twenty eighth following when

Mr President, ^Vbner Nash, James Coor, "Willie Jones, AVaightstill
Avery, John Kinchen, Thomas Person, Esquires appeared and took
their peats in Council.

The Council adjourned until Tomorrow Morning 9 "Clock.

March T' 1776.

The Council met according to Adjournment.

Whitmill Hill Esquire one of the Members of Council appeared
and took his seat in Council.

The Cont'nental Congress having recommended that the President
of the Provincial Council of North Carolina and Georgia, be requested
to procure Committees of their several Bodies to rqiair immediately
to Charles Town and there to confer with a Committee of the Coun-
cil of Safety of South Carolina upon weighty and important mat-
ters relative to the defence and security of these Colonics,

The Council taking the same into Consideration,

Resolved, That Abner Nash and John Kinchen Esquires be
appointed on the part of this Province; and that they repair to
Charles Town South Carolina as soon as may be convenient to
them.

Resolved, That Robert AitchLson Midshipman and Richard Dun-
niver, latelj^ belonging to the Syren Man of War, now prisoners here
on parole be sent to Halifax ToAvn, and delivered into the care of
the Committee of that Town.

Ordered, That Col" John Bryan attend to the Execution of this
Order, and direct an (Jflicer with four men to execute the same.

M^hereas the province of South Carolina hath on Apidication and
at the rerpiest of this Board supplied tliis province with one thou-
sand weight of Ciunpowder for tlie defence tliereof, in order to pay
for the same,

Resolved, That the Treasurers or either of them be imj)owered
and directed to draw a Bill on the Continental Treasury for the sum
of pjleven hundred and fifty-eight dollars and one quarter of a dol-
lar, payable to the order of the Council of Safety of South Carolina

COLONIAL RECORDS. 471

for the time being, auci that the said Treasurers be further directed
to remit the said Bill to the Treasury in Philadelphia, subject to the
Order of the said Council of Safety or Provincial Congress of South
Carolina for one thousand weight of Gunpowder for the use of the
Continental Troops in the Service of this Colony.

The Council Adjourned till Tomorrow morning 9 "Clock.

March 2^ 1770.

The Council met according to Adjournment.

William. Bourk being charged with being inimical to the Liberties
of America, was brought before this Council, when IMr John Strange
appeared as a witness, who first being sworn, deposcth and saith,
that last night he heard the said William Bourk express himself in
the following manner viz'., " That we should all be subdued by the
month of May by the King's Troops. That General Gage deserved
to be damned ; he had not let the Guards out to Bunker's Hill, and
it would have settled the dispute at that time. That there was
Forty-seven thousand Troo})s expected soon to America, and it would
be in vain t > 2>retend to defend ourselves against them," all which
the said William Bourk acknowledged, and further said "he wished
the time would happen this Instant, but was sure the Americans
would be subdued by the month of August."

Resolved, That the said William Bourk be sent to the Town of
Halifax and committed to clbse Gaol there to remain till further
Orders.

Ordered, That Colonel .John Bryan attend to the Execution of the
above Resolve.

Resolved, That no Pork, Beef, Flour, Bacon, Rice or Peas be
exported f|;om any part of this province after this daj^ without first
obtaining leave from the Provincial Congress, excepting for returns
for Salt, Arms or Ammunition actually imported into this Colony.

Resolved, That all good and Merchantable Flour and Pork now
for sale in this province be immediately jiurchased for the use of
the Public, and that the following persons be appointed to perform
this Service : Mr .James Coor for the district of New Bern, Mr John
Webb for the district of Halifax, Mr Francis Brice for the district of
Wilmington, ^Ir Memucan Hunt for the district of Hillsborough,
Mr Adam Alexander for the district of Salisbury and Mr Robert
Smith for the district of Edenton.

472 COLONIAL RECORDS.

Samuel Spencer Esquire, one of the Members of Council appeared
and took his Seat.

Resolved, That either of the Treasurers draw on the Continental
Treasury for three hundred dollars in favour of Abncr Xash and
.John Kinchen Esquires for their Expences to Charles Town on the
public service and be allowed in their Accounts with the public.

Resolved, That Thomas Wade Esquire be appointed Colonel of
the Regiment of Anson Militia in the room of Samuel Spencer
resigned and that Thomas Harris be ajipointed first ]\Iajor of the
same Regiment, in the room of James Auld resigned and that Com-
missions issue accordingly.

The Continental Congress having recommended to the Committee
of Safety of Virginia and the Provincial Council of North Carolina
to meet together and confer and conclude upon such operations as
they may think most for their Mutual Interest,

The Council taking the same into Consideration, Resolved, That
Samuel Johnston, Thomas Jones and Tliomas Person Esquires be
appointed on the part of this province accordingl}'.

Samuel Johnston and Tiiomas Jones Esquires two of the jNIem-
bers of Council appeared and took their Seats.

Resolved, That it he recommended to the Town and County Com-
mittees in this province immediately to disarm all suspected Persons
within their several jurisdictions.

Whereas David Love second Major of the Anson Militia, now in
the Actual service of this province hath been accused on tlie Oath
of Ricliard Farr and William Coventon Jun" with having refused
to obey the Orders of a Superior Officer and otherways misbehaved,
therefore.

Resolved, That the said David Love be susjiended lyid imme-
diately put under an Arrest and that Col" James Moore be dii'ccted
to order a General Court Martial to try him for said Offence.

Resolved, That David Baron be allowed the sum of Twenty
pounds proclamation money for so much advanced l)y him to pay
for work done on the Guns, Carriages and for horse hire and other
Services to further the Expedition against the Insurgents as appears
by New Bern District Committee ; that either of the Treasurers pay
him the same and be allowed in their Accounts with the Public.

Resolved, That Colonel William Williams with the Martin and
Bertie Trooj^s under Command do return to their respective Counties
with the same first sending off to Col° James under a sufficient

COLONIAL RECORDS. 473

Guard such Ammuuition as he now has in his [)OSsession. Tliis
Council in the warmest Terms returns the Gentlemen Officers and
Soldiers from the County of Martin and Bertie their thanks ibr their
readiness and spirited Conduct in marching against the enemies of
their Country.

The Council adjourned 'till Tomorrow Morning 9' "Clock.

March 3'" 177G.

The Council met according to Adjournment.

Resolved, That the public Treasurers or either of them bo impow-
ered to draw on the Continental Treasury for any sum not exceed-
ing twenty five thousand dollars towards defraying the expence of
the Troops on the Continental establishment in this Province.

Resolved, That all the public Records of what nature soever in
the Custody of the Secretary l)e immediately removed from the
Secretarys Office and that all the papers appertaining to the Court
of Chancery or any other person be immediately removed and kept
in some secure place by Mr Christopher Neale who is hereby
required to see this necessarj^ order carried into Execution and in
case of necessity to call on the Colonel of the Militia for sufficient
force for that purpose. ^

Resolved, That it be recommended to the several Committees in
this Province to remove the Public Records of their respective
Counties and secure the same in the hands of some trusty Person ;
wherever the same are now in the hands of Persons suspected to be
inimical to the American rights.

Resolved, That the next Congress shall be held at the Town of
Halifax in the County of Halifax the second day of April next,
and that th» printer to this province give notice of the same by
printing and dispersing a number of hand P>ills and inserting this
resolution in his public Gazette.

The Council adjourned till Tomorow Morning 9 "Clock.

Monday 4'" March 177().

The Council met accoi'ding to Adjournment.

AVhereas by sundry Resolutions of the Continental Congress, the
Provincial Council is Authorized to permit exportation from this
province under certain restrictions, in order to procure in return
Salt, Arms and Ammunition, And whereas persons willing to

474 COLONIAL RECORDS.

Adventure may from tlie difficulty of making application loose the
opportunity of so doing.

Resolved, That Archibald Maclaine, Richard Quince, Sen"' and
Henry Toomer for the district of Wilmington, James Davis, Alex-
ander Gaston and Christopher Neale for the district of New Bern,
John Smith, Andrew Lytle and Samuel Dickinson for the district of
Edenton be appointed Co nmissioners to carry the said Resolution
into Execution in their respective districts under the rules, regula-
tions and Instructions formed and laid down by this Council.

Instructions for the Commissioners A'iz':

That no pork, beef, flour, bacon, rice or j^eas be exported except
in return for salt, arms or Ammunition actualh^ imported into this
province.

That bef(_ire any person be i:)ermitted to export any Commodity
whatever, he shall enter into Bond with good and sufficient Security
in the sum of twentj'-five hundred Dollars, that he will comply with
the Resolutions of tlie Continental Congress respecting the importa-
tion of Salt, Arms or Ammunition,

And also take the following Oaili :

You swear that you will not Land the Cargo Shipt in the

in any part of the World prohibited b}' the General Congress and
that you will not export in saiil ^"essel more Staves and Naval Stores
than is contained in the Manifest exhibited and that you will to the
utmost of your power invest the f>roceeds of said Cargo in Salt,
Arras and Ammunition or either of them.

. Resolved, That the Freeholders of Currituck County may choose
one delegate in the I'oom and stead of Mr. Joshua Campbell deceased.

Resolved, That it be reconnnended to Colonel Thomas Polk and
Major John Pfifer to recruit seven hundred and fifty men to be
formed into a Regiment upon the Continental establishment at tlie
next Provincial Congress.

Resolved, That Colonel John Bryan of Craven County take into
Jiis possession of the effects of Capt. -James Green and John Owens
his security, sufficient to satisfy a l)ond entered into with the Com-
mittee of New Bern and retain the .same in his Hands subject to the
control of the Congress.

Resolved, That Colonel Isaac Gregory Messrs. Abner Harrison
and Peter Daugc or any two of them do innnediately take into their
possession all the estate of Robert Gilmour of what nature or kind
soever now in the hands of Thomas Humphries and others in the

COLONIAL RECORDS. 475

Counties of Currituck Pasquotank and Perquimans and secure the
same in the best mannei' the}' can until further Orders.

Resolved, That the Treasurers or either of them pay into the
hands of Mr. President sixty pounds proclamation money, to pay
expresses and be allowed in their Accounts with tlie Public.

Ordered, That Henry Young be appointed first Major of the Regi-
ment of Militia for the County of New Hanover, and that .John
DuBois be appointed second Major and Adjutant in the same Regi-
ment.

Resolved, That the Committee of the Town of Salisbury be
allowed the sum of five pounds ten shillings for express and for con-
veying a Tory Captain to South Carolina, being for money advanced.
That the Treasurers or either of them pay the same and be allowed
in their accounts with the Public.

Resolved, That the tiianks of this Council be given to Col° James
Moore and all the Brave Officers and Soldiers of every denomination
for their late very important services rendered their Country in
effectually suppressing the late daring and dangerous insurrection
of the Highlanders and Regulators, and that this Resolve be pub-
lished in the North Carulinn Gozftte.

Resolved, That Col" Robert HoAve is justly intituled to the most
honourable Testimony of the Approbation of this Council for his
important services while in the Colony of Virginia, rendered in the
common cause of American Liberty, and that the President trans-
mit the warmest thanks of this Board in the fullest and most honora-
ble terms to Colonel Howe and all the Brave Officers and Soldiers
under his command for their spirited conduct, haA ing acquited
themselves greatly to their honor and the good of their Country.

The Council Adjourned till To morrow Morning 9 "Clock.

Tuesday, 5"' March, 177G.

The Council met according to Adjournment.

Resolved, That Colonel John Bryan dismiss the Militia now in
Arms in the Town of New Bern, as tliere appears to be no imme-
diate occasion for their service; and that he assure them they will
be paid for the time they have attended.

Resolved, That the Colonels of the several Regiments of Militia
in this province do immediately call a general muster of tlieir
respective Regiments and cause every Officer and Soldier thereof to
appear at such Muster compleat in Arms, Ammunition and Accou-

476 COLONIAL RECORDS.

trements , and certify tlie same to the next j)rovincial Congress to be
held at Halifax on the second of April next, the number of effective
j\Ien in their respective regiments that are able to turn out in the
Service of their Country on any Emergency, the number of Arms
fit for Service, and the Quantity of Ammunition in each Regiment.

Resolved, That all persons who shall be disarmed by the Town
and County Committees and other suspected persons who have not
taken up Arms against this Colony shall be required to take the fol-
lowing Oath on pain of imprisonment viz':

I do solemnly and sincerely swear on the holy Evangelists of
Almighty God that during the present unhappy contest between
Great Britain and America, I will not under any pretence whatever
oppose or take up Arms to oppose the Measures of the Continental
or provincial Congresses or any Troops raised by or acting under the
Authority of either, nor will I directly or indirectly, either person-
ality or by letter, Counsel, advise or give Intelligence to any of his
Majesty's Governors, General Officers, Soldiers, or others cmploj^ed
by Land or sea to carry into executioji and enforce Obedience to the
several Acts of British Legislature, deemed oppressive to these Colo-
nies; I will not by example, opinion, advice or persuasion, endeavour
to prejudice the people or any of them in favour of Parliamentary
^Measures or against those recommended by the General and provin-
cial Congresses untill it shall please God to restore peace and good
understanding to the contending powers.

Resolved, That either of the Public Treasurers draw on the Con-
tinental Treasury for two hundred and twenty-five dollars in favour
of Samuel Johnston, Thomas Jones and Tliomas Person Esquires
for their Expences to '\''irginia on the public service, and be allowed
in their Accounts with the public.

It appearing to this Council that Lot Strange Master and John
Strange Owner of the Sloop King Fisher have been Guilty of
importing certain British European Goods contraiy to the Con-
tinental Association,

Resolved, That tlie said Lot Strange and John Strange enter
into Bond in the sum of five hundred pounds to the Committee of
Perquimans County for their future good belia\'ior and that they
depart the port with their said vessel in Ballast witliin one month
from this day, and wlien the said Lot Strange and John Strange
shall have given such Bond, then the said Committee is hereby
directed to deliver up tlie said Sloo[) K'ukj Fisher with lier Tackle,

COLONIAL RECORDS. 477

Apparell and Furniture and other property belonging to the said
Lot and John Strange.

Resolved, That Colonel Richard Caswell, send under a sufficient
Guard Brigadier General Donald McDonald, taken at the Battle of
Moores Creek Bridge to the Town of Halifax, and there to have
him committed a close prisoner- in the Gaol of the said Town until
further Orders.

Farquard Campbell was brought before this Council by Lieuten-
ant Col" Ilenry Rhodes under a warrant from Col° Moore, and no
sufficient i^roof appearing against the said Farquard Campbell,

Resolved, That he be allowed to depart at this time and appear
at the provincial Congress the second day of April next — the said
Farquard Campbell then personally promised and undertook to
appear at the time and place aforesaid to answer such matters and
things as he should be then and there charged with.

Resolved, That Captain Robert Rowan be impowered to summon
and force the attendance of such persons at the next provincial
Congress to be held at Halifax on the second day of April next as
he shall think to be Material Witnesses against Farquard Campbell
of Cumberland County respecting a charge against the said Far-
quard Campbell of some conduct inimical to the Cause of America
and this Province in the late Insurrection of the Highlanders and
Regulators. CORN= HARNETT, President.

Bv Order J.vs Green, •Jun'', Clerk.

[Feom MS. Records in Office of Secretary of State.]

Correspondence between the Inhabitants of Wilmington and the
British Authorities.
No. 1.
To THE Magistrates and Inhabitants of the Town of Wil-
mington :

It is expected, and hereby required that the Inhabitants of the
Town of Wilmington do furnish for his Majesty's Service, One
Thousand barrels of good flour, on or before Saturday next, being
the second day of March, which will be paid for at the market price.

.10. ]\IARTIN.
Cruizer Sloop of War off Wilmington, Feb^ 27*, 1776.

478 COLONIAL RECORDS.

No. 2.

Cruizer, Wilmington River, Feb'' 27*, 1776.

His j\Iajesty's shijjs not ^having received provision agreeable to
their regular Demands

I shall as soon as possible be off "Wilmington with his Majesty's
Sloop Cruizer and other armed vessels under my command to know
the reason of their not being supplied.

I expect to be supplied by six this Evening with the provisions 1
liave now demanded of the Contractor.

If his ^Majesty's ships or Boats are in the least annoyed, it will be
my duty to oppose it. FRAN" PARRY.

To the Magistrates and Inhabitants of Wilmington.

No. 3.

Tlie Inhabitants of Wilmington by their representatives in com-
mittee in answer to your Excellency's demand of one thousand
Barrels of flour for his Majesty's service, beg leave to assure your
Excellency, that they have been always most cordially disposed to
promote his Majesty's real service, which they think consistent only
with the good of the whole British empire. But the Inhabitants
are astonished at the (juantuin of your Excellency's re(|uisition, as
they cannot conceive what service his Majesty has in this part of the
world for so much flour. In the most quiet & peaceable Times,
wiien the Ports were open and Trade flourished, it would have been
impossible to procure such a quantity in this Town in so short a time
as your Excellency mentions. How then can your Excellency
expect a compliance from the Inhabitants of Wilmington during the
present stagnation of commerce? At a Time too, M'hcn you well
know lliat an army raised and commissioned by your Excellency
hath l:)een for some Time possessed of Cross Creek and tlie adjacent
country from whence only we can expect tlie Article you have
thought V)ro])er to Demand.

A\'e can witli Truth assure your Ivveellency that it is not in our
power to comply with your recjuisition either in whole or in part,
many of the Inliabitants having for sometime i)ast wanted flour for
private u.se, and the dread of Military Execution by the Ships of
War liatli induced most of the Inliabitants to remove their effects.
The Inhabitants Sir, sincerely wish tliey liad not reason to .suspect
tliat your Excellency's Demand is only a prelude to the intended de-
struction of the devoted Town of \\'ilmin"ton. if this .should be the

COLONIAL RECORDS.

case, it will not however make any alteration in their determination.
It will be tlieir duty to defend their property to the utmost and if
they do not succeed altogether to their wish, they have one consola-
tion left, that their friends will in a few days have it in their power
to make ample retribution upon those whom your excellency thinks
proper to di^-nify with the epithets of friends to Government. These
faithless and selfish people are now surrounded by three armies above
four times their number and the Town of Cross Creek now in our
hands M-ill make some, though a very inadequate, compensation for
the destruction of Wilmington.

This Sir is no boast and we would not treat your Excellency with so
much disrespect as to make use of Threats. The Acco' we have
given you is sacredly true and we have the most convincing proofs
of it in our possession. I have the honour to be by order of the
Committee Sir Your Excellencys most obed. Serv.

No. 4. WiLMiNGTOx, 27"' Ft^b^ 177G.

Sib,

The reasons wdiy his Majesties ships have not been supplied with
the usual quantity of Provision.?, is so obvious, that it cannot pvs-
sibly have escaped the sagacity of Captain Parrj'. The Trade of
this Colony hath been distressed by the Kings Ships, even contrary
to the acts of the British Parliament. The Military Stores, the
Property of the People have been seized with an avowed Intention
to subjugate them to slavery. The fort which the People had built
at a great Expence for the protection of their Trade made use of for
a purpose the very reverse, and when they attempted to demolish it
they have been fired upon by the ships of war. The Slaves of the
American Inhabitants, have been pursued, and many of them seized
and inveigled from their duty, and their live Stock & other. property
killed & plundered, long before the Committee thought it necessary
to deny the Ships a supply of Provisions; and to Crown all, you Sir
for the Second Time, have brought up the Cruhcr and several Armed
Vessels, to cover the landing of an Army Composed of highland
banditti, most of whom are as destitute of Property, as they are of
Principle, & none of whom you will ever see, unless as fugitives
imploring protection. Tho' you should come up before the Town,
you cannot expect any other answer than what we now give you.
We have not the least intention of opposing either your Ships or
Boats, unless you should attempt to injure us. And whenever you

480 COLONIAL RECORDS.

may think proper to treat the Inhabitants as his Majesties officers

did heretofore, we shall be happy to receive you in the manner

which we always wish to receive those who have the lionour to bear

his Majesties Commission. I am by Order of the Committee

Sir Your obed. Scrv.
To Capt. Parrv-

No. 5.

To THE Magistrates and Inhabitants op the Town of Wil-
mington:

I have been much surprised to receive an answer to my requisi-
tion directed to The jMagistrates & Inhabitants of Wilmington from
a Member of the lawfull Majestracy in the Name & under the
Traiterous Guise of a Combination unknown to the laws & Consti-
tution of this Country, as if the Magistrates and Inhabitants of
Wilmington chose rather to appear in the Garb of Rebellion than in
the Character of his Majesties Loyal & faithfuU Subjects.

The quantity of flour that I required for his Majesty's Service I
concluded from the information I had received, that the Town of
Wilmington might have well supplied within the time I appointed
by my Note and I should have been contented with the quantity
that was obtainable: The requisition was not made, as the answer
to it imports, for a prelude to the destruction of that Town, which
has not been in contemplation, but was intended as a Test of the
disposition of its Inhabitants, whose sence I am unwilling to believe
is known to the little arbitrary Junto (stiling itself a Committee)
which has presumed to answer for the People in this and otlier
Instances.

Tlie revilings of Rebellion & the Gasconadings of Rebels are
below the Contempt of the loyal & faithful People whom I have
most justly stilcd Friends of Government, and tlie forbearance of
menaces I have little reason to consider as a mark of Respect from
the Chairman of a Combination founded in Usurpation & Rebellion.

JO. MARTIN.

No. G.

•Sii;:

The Committee of Wilmington liave nut only been chosen by the
people, but on the present Occasion those very people (Consisting of
the freeholders) have been consulted on the propriety of tlieir
answer. That Committees are unknown to the Constitution let tliose
who have driven the people to that drcadfuU necessity account for.

COLONIAL RECORDS. 481

I may venture to assure your Excellency that the greater part of
the people now in Arms against the Inhabitants of this Country are
in the opinion of every Gentleman & Man of understanding, unwor-
thy to be considered as respectable members of Society. That there
may be some of them of a better sort embarked in a Cause which
(right or wrong) does them little honour, is a Circumstance for which
it is easy to account.

The Inhabitants of this Town are extremely pleased to find that
his Majesties Service is not in any immediate want of the flour
which your Excellency thought proper to rec|uire, as it is impossible
for them to comply even in part. Whoever was your Excellency's
informant that the town of Wilmington could now or at any other
period, procure so large a quantity in so short a time, has grossly
deceived you. The Conduct of the inhabitants of this Town is well
known to your Excellency, and you might have been long since
assured that there did not want any new Proof of their Zeal for his
Majesties Service on the one hand, or a firm attachment to their
Liberties on the other, and whilst they are conscious of no Acts but
those which tended to assert the rights of God & Nature, they have
reason tolbelieve that they do not deserve the epithets of rebels &
traitors, with which your Excellency hath so liberally loaded them.

Time alone must Convince your Excellency that the committee
cannot for any interested purposes descend to convey an untruth
which candor would be ashamed of.

To THE Magistrates & Inhabitants of Wilmington:

As I am informed it is inconvenient to supply his Majesties Sloop
Ondzer with salt provisions must beg you will send a few quarters
of good Beef. FRAN' PARRY.

Cruizer Wilmington River, Feb^ 2S'\ 1776.

[Reprinted from the American Archives. Vol. 4. P. 1689.]

Extract from the ^Minutes of the Continental Congress.

February 2S'\ 1776.
*********
Resolved, That the Secret Committee be directed to return to the
Delegates of North Carolina the four hundred pounds of Powder
borrowed of that Colony.

VOL. X — 31

482 COLONIAL RECORDS.

[Reprinted from Jones' Defence of North Carolina. P. 341.]

Letter from Colonel Richard Caswell to President Harnett about
the battle of Moore's Creek.

February 29*, 1776.
Sir,

" I have the pleasure to acquaint you that we had an engagement
with the Tories at Widow Moore's Creek Bridge on the 27"^ current.
Our army was about one thousand strong; consisting of the New
Berne battalion of Minute-men, the Militia from Craven, Johnston,
Dobbs, and Wake, and a detachment of the Wilmington battalion
Minute-men, which we found encamped at Moore's Creek the night
before the battle, under the command of Colonel Lillington. The
Tories by common report, were three thousand; but General ]M°Don-
ald, whom we have prisoner, says there were about fifteen or sixteen
hundred; he was unwell that day and not in the battle. Captain
M°Leod, who seemed to be principal commander, and Captain John
Campbell, are among the slain."

In the same letter he says: — "Colonel Moore arrived at our camp
a few hours after the engagement was over; his troops came up
that evening, and are now encamped on the ground where the bat-
tle was fought, and Colonel Martin is at or near Cross Creek with a
large body of men; those, I presume, will be sufficient to put a stop
to any attempt to embody them again."

[From MS. Records in Office of Secretary of State.]

Letter from Joseph Hewes, Delegate in Congress from North Caro-
lina, to Samuel Johnston.

Philadelphia, 1" March, 177().
Dear Sir,

The Congress have this moment determined that General Lee
.shall repair to the southw'' to take upon him the Command of the
forces in Virg" North & South Carolina ct Georgia wliicli are included
in the Southern district, we have also this moment aiipointed six
Brigadier Generals to rank as they stand below in the Continental
Service after the others that have been heretofore appointed. Ann-

COLONIAL RECORDS. 483

strong is to go to South Carolina, Moore to stay in N° Carolina, Lewis
& Howe in Virginia till Gen. Lee shall direct otherwise. Hooper is
not yet returned from Boston, I expect him every moment.' Peini is
now writing to the Council of Safety which Letter I shall sign for
Hooper & Self, an express is now waiting, he is sent to S" Carolina
by the delegates of that Province to inform them of this days
appointments and of the Critical state of M' Lynch's health who a
few days ago had an appoplectic stroke and is now in great danger.
We shall send off another Waggon in a day or two witli what Pow-
der the new Waggon left, also drums & Colours for your third
Regiment. I am in haste D' Sir

Your mo. obed Ser.

JOSEPH HEWES..

JoHX Armstrong,

William Thompson,

Andkew Lewis,

James Moore,

Lord Sterling,

Rob. Howe.

N. B. The new Waggon went off eight days ago. I hear it is
now no further than Wilmington. Tliat one of the best Horses cut
one of his hind feet very much with his shoe and cannot proceed.
I have this day sent a carefull person down to purchase another
Horse and bring the lame one back if it should be found necessary.
Never Vas any person more vmfortunate than I have been in exe-
cuting your order respecting the Waggon &c, of this more at next
opp^ •, J. H.

Brigadier Generals.

[Reprinted from Jones' Defence of North Carolina. P. 34L]

Extract from a letter from General James Moore to President Har-
nett.

March 2"", 1776.

The next morning, the 27"", at break of day, an alarm gun was
fired, immediately after which, scarcely' leaving our people a moment
to prepare, the Tory army, with Captain M'Leod at their head
made their attack on Colonels Caswell and Lillington, and finding a
small entrenchment next the bridge on our side empty, concluded

484 COLONIAL RECORDS.

that our people liad abandoned tlieir post, and in the most furious
manner advanced M'ithin thirty paces of our breast-work and artil-
lery, where they met a very proper reception."

[From MS. Records in Office of Secretary of State.]

Letter from Joseph Trumbull to Wm. Hooper.

Camhkidge, O"" March, 177(i.
Dear Sir:

I mentioned to Gen' Washington the Letter mentioned in the
INIem" you left with me. He bids me say He sent it into Boston the
next day after it came to his Hand, & has never heard anything
from it since. You know an Attack was meditated by us on Boston
when you was here. Last Saturday Night our People began a Can-
nonade & Bombardment on the Town, from Cobble Hill, Letchmere
Point, & Lamb's Dam. Sunday Night it was Continued by us, &
warmly resented by the Enemy. They sent us shot & shells 5 for
one. The first Night we burst 1 l.SJnch & 2 10-Inch Iron Mortars,
& Sunday night, with the third Charge, the Brass lo-Inch likewise
burst. We have been extreamly unlucky in this M'ay. Monday
Night our People went upon Dorchester Neck, on the 2 large Heights
back of Nook Point. They had a strong Party, & more than 300
teams to carry on all. necessaries for their Works. They marched
on by seven o'clock in the Evening, & when the March began, a sig-
nal was made, & the Cannonade & Bonibardment was renewed w-ith
redoubled Vigor. This proved a Diversion to the Enemy from Dor-
chester Hills, & we imagine they never discovered our Party there
till 8 "Clock in the Morning, by which Time they were well covered.
We expected an attack yesterday at 12 "Clock, & were prepared for
it. Our Floating Battery's Boats &c., all ready to carry 4,000 men
into Town, if they had made a vigorous Sally ag" our Dorchester
Party, but we were disappointed. Last Night we had a most violent
Gale of Wind at South, by which the Enemy's Ships have suffered
much, the particulars not known, & this day the weather is such it
has not been in their Power to attack us. By to-morrow we shall be
well prepared for them at Dorchester that they may come if they
pleas'; if they don't. we shall soon move forward upon Nook Point,

COLONIAL RECORDS. ' 485

& then if we can get Powder we shall endeavour to warm their Den.
"We have not had a Deserter, or Prisoner, nor an Lihabitant escaped
from Town to give us any Information from thence. I dare say we
have done great mischief among them. I was in Letchmere Point
Saturday Night. The lo-Inch Mortar was directed at the Province
House, & the Shells went very near it, I believe. We have had 2
men killed, one in Letchmere Point bj- the bursting of a shell, the
other at Roxbury by a Cannon Shot; no more killed. Col" Mason
of the Train slightly wounded b}- the bursting of a Mortar, & a few
others, none badly.

The Militia & owners of Teams in this neighbourhood have
behaved admirably on this occasion; a fine spirit prevails in Gen-
eral. I wish I could say the like sjiirit & ability was universal.

I am estreamly sovrj to hear of the danger of M' Lynch. I revere
his Character & most sincerely wish his Recoverv. Col° Dyer writes
me that he saw you, & that you was gone on Rejoicing. I hope in
this you are safe in Philadelphia, which I shall be glad to be assur-
tained of from yourself.

I am, with Respect & Esteem

Dear Sir Your most Humble Serv'

JOS: TRUMBULL.

Col" Mifflin is pretty well recovered, & sends Compliments, in
which M" ^I. likewise joins him.
W" Hooper Esq'.

[Reprinted from Jones' Defence of North Carolina. P. 343.]

Letter from an Unknown Source, Dated the 10"" of March, 1776.

*********
Parties of Men are dispersed all over the Colon}', apprehending
all suspected persons, and disarming all Highlanders and Regula-
tors that were put to the rout in the late battle. The Conquerors
have already taken 350 guns and shot-bags; about 150 swords and
dirks; 1,500 excellent rifles; two medicine-chests fresh from Eng-
land, one of them valued at 300 pounds sterling, a box containing
half .Joaneses and Guineas, secreted in a stable at Cross Creek, dis-
covered by a negro and reported to be worth £15,000 sterling; also

486 COLONIAL RECORDS.

thirteen wagons with complete sets of horses, 850 common Soldiers
•were made prisoners, disarmed and discharged. Colonel Long has
also apprehended several of their officers, who are now in Halifax
gaol, viz: Colonel John Piles, Major Tliomas Collins, Captain David
Jackson, Enoch Brady, John Piles, and Thomas Readford, Lieutenant
Stephen Parker, and Daniel McDonald, the latter wounded through
the thigh, Ensign Denning, and D" Robertson. There are in the
same gaol four persons of the name of Field, one Turner, and three
Bells, a Midshipman, and a Quarter-gunner of the Scorjjion; like-
wise one Kingsborough McDonald, Mr. Rutherford, Hector M°Neil,
and Alexander M°Donald, Captains Morrison, M'Kenzie, Ure, Leg-
gate, Cross, Parsons, M'Coy, Mase, Mickeson, M'Carter, and Adjutant
Frazer, Lieutenants M°Iver and Hewes, Cameron, Donald Ilewes,
Donald Cameron, and sundry other Lieutenants and Ensigns, whose
names we have not an account of. Kennett McDonald, Aide-de-
Camp, James Hepborn, Secretary, Parson Beatty, and D'' Morrison,
Commissary. General McDonald and Brigadier-General M^Leod
(the latter of whom was killed) set out at the liead of this banditti
with the avov/ed intention of carrying Governor ]\Iartin into the
interior of the Province."

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 233.]

Letter from Governor ^lartin to Lord George Germain

&^

N" Carolina, Snow Peugy ix Cape Fear River,

I^Iarch 21", 1776.
My Lord,

By tlie Duke of Cumberland Packet Boat wliich arrived here on
tlie 18"' instant I have had the honor to receive your Lordship's cir-
cular letter bearing date the 10"" day of November notifying the
King's appointment of j'our Lordship to be one of his Majesty's
Principal Secretaries of State and signifying the Royal Pleasure that
my future Dispatches be addressed to you. Pursuant to this com-
mand Mj' Lord I liave now the honor to open my correspondence
with your Lordship and I beg leave to embrace this opportunitj' to
offer my humble congratulations to your Lordship on your taking
upon you the higli department in administration to wliich his ^hij-

COLONLVL RECORDS. 487

esty has been graciously pleased to call you and to commit to your
care.

The same Packet has also brought me the honor of your Lord-
ship's Dispatch No. 1, containing an account of the nature and
strength of the Armament intended to be sent to the Southern Colo-
nies and of its readiness to proceed according to its destination and
requiring me to exert every effort to carr^' into execution the orders
contained in Lord Dartmouth's letter of the 7* of November of
which I have received the copy enclosed in your Lordship's dispatch
the original having reached my hands ^ safely in the beginning of
January.

I own My Lord it is difficult for me to express my amazement on
finding by your Lordship's letter that the armament which I have
computed to be on its way from Cork from the very begiiming of
December or sooner is only in a state of readiness to proceed towards
the latter end of that month and I regret this unfortunate delay the
more sincerely because it has contravened a plan and purpose of
m'ne not originallj^ formed but necessarilj' pursued and correspond-
ingly as I conceived after the Receipt of the orders contained in
Lord Dartmouth's dispatch that would have had the happiest effects
and consequences as the issue of it though unlucky has certainly
evinced.

Gloved by the pressing and reiterated assurances given me by
some well affected persons living in the County of Brunswick adja-
cent to the station of the Ship in which I was embarked that the
l^eople of their neighbourhood and a multitude of others of their
friends and acquaintances throughout the Country were groaning
under the oppressions of the little Tyrannies, they had been deluded
to vest with authority under tlie denomination of Committees,
Solicited to relieve them from the self made yoke which the}' now
found intolerable, informed by the concurring testimon}' of these
People and all others from the Country with whom I communicated
of the weakness of the Rebel Troops affectedly called Regulars, who
by the best efforts of their leaders were not yet provided with arms
for a third of their number and that they were equallj^ deficient of
ammunition, persuaded too by all reports of the soreness of the com-
mon people under their new fangled Government and of their dis-
position to revolt from it, compassion and sense of duty to the
King's Government and the distresses of his Ahijesty's Subjects
wrought upon me to attend to the wishes of these People who

488 COLONIAL RECORDS.

invited me to their relief bj' the most confident assunuices that they
would engage in a month's time to join me with Two or Three
thousand men. I thought upon these good presages My Lord the
happy moment was arrived when tliis Country might be delivered
from Anarchy, tliat it was not to be neglected or lost and deter-
mined accordingly to try by the efforts of the People themselves in
such i^roneness to make the exj^eriment, and while I had no pros-
pect of aid from without at once to restore lawfull Government.

Forming this design My Lord I resolved to unite the strength of
the numerous Highlanders and other well affected people of the
interior Counties to the force these people promised to collect in the
lower Counties more contiguous to this neighborhood and it was
concerted between me and the .people of Brunswick who had made
such advances to me that they should assemble as secretlj^ as pos-
sible and put themselves in motion together. The day apj)ointed for
the whole to join me was the 1" of February.

At this time I had an Agent in the interior Country whom I had
instructed to enquire compute and ascertain as nearlj' as possible
the numbers of men I might depend on to turn out in behalf of
Government on notice : he had now been aljsent be^'ond my expec-
tation and heating nothing of him and Knowing that he was held
suspected by the Rebels I conjectured the Committees had laid hold
of him. I was thus at a loss for a confidential Messenger to estab-
lish the concert I proposed and to carry the necessary powers and
instructions to the people of the Interior Counties. The difficulty
hardly occurred to me before the men of Brunswick, at whose
instances I formed the design of raising the })Ower of the Country
recommended to me one of their number as the fittest person I
could entrust with that service. I confided in him, furnished him
with all necessary powers and credentials and dismissed him witli
money beyond his own desires to defray his charges and witli
promise of reward (such as made it his best interest to be faithfull)
on his return to me with evidences of having executed my purpose.

This man in all the guise of blunt and unaffected honesty left
me with every seeming impression of gratitude and attachment and
as it since appears the instant afterwards betrayed my secret, the
report of one of his more loyal but less intelligent neighbours tliree
or four days subsequent to his departure ins])ired me with a
momentary doubt only of his integrity, for at the same time he
taught me to conceive it lie banisjicd it again from my mind by

COLONIAL RECORDS. 489

assurance that the man was still pursuing his route into the back
Country on the business with which I had charged l;im, his conduct
however as described was inisterious and there was not a person
within my reach whom I could employ to clear it up; while I was
under this embarrassment the Syren Frigate arrived and brought
me Lord Dartmouth's dispatches numbered 20, 21, & 22 which gave
me the first hopes of certain effectual external aid. What was now
to be done? I had anticipated the orders they contained to embody
the people of the Country, I could not recall the steps I had taken. I
had reason to apprehend the Rebels were in possession of my secret
which made them acquainted with the names of the principal per-
sons on whose influence or rather good acceptance with the people
all my hopes of drawing forth the aid of the back Counties depended
and I had it moreover to dread that unapprized of danger they
would be seized by the Committees which v\-ould at once extinguish
all my long cherished hopes.

While I was brooding over these untoward too possible events my
Agent from the interior Countrj^ out of expectation arrived, I made
him acc|uainted with the suspected Treacher}'- of my Emmissary of
which he discovered the probable fatal consequences. He brought me
under the hands of persons to whom I had directed his inquiries
assurances that I might expect between Two and three thousand
Men at a summons about half of them well armed which they had
computed in a time too short to carry, their enquiries to the extent
they wished. I was now confirmed in the opinion I had formed
that my plan (which even in *[ioint of time corresponded nearly
with the expectation of Troops that I was taught by Lord Dart-
mouth's letter) ought to be prosecuted as not only conformable to the
measures thereby directed but for the sake and safety of the people
on whom all my hopes of executing them were founded now marked
out it was to be feared by the Treachery I suspected to the ven-
geance of the Rebels.

Pursuant to this resolution My Lord I furnished M' Maclean, my
unwearried persevering Agent, with j^owers to proper persons to
raise and embody men, and instructions to them being in sufficient
force to press down to Brunswick by the 15"" day of February or as
soon after as might be possible, of which difference of appointment
in time and of anj' future delay I directed him to apprize certain
persons in the back part of Brunswick County.

490 COLONIAL RECORDS.

Thus provided, M' Maclean again set out for the back Country
having my papers in such concealment and in another trusty hand,
as it was improbable the rebels should suspect, he passed on to
Cross Creek, where the failure of my former Emissary to see the
persons to whom he was directed, established his treachery oat of
doubt. After this mj^ first intelligence came by the j^erson who had
accompanied IM' Maclean in his last expedition into the Countr}-.
It was a verbal message from my most trusty friends importing that
the Loyalists were in high spirits and very fast collecting, that they
assured themselves of being six thousand .strong, well furnished
with waggons and horses, that they intended to post one thou.sand
at Cross Creek, and with the rest I might rely on their being in pos-
session of Wilmington (the princijial Town on this River and within
reach of the King's ships) by the "iO"" or 25"' of February at farthest.
The time of my expecting the approach of the Loyalist,s being at
hand, I was on my way up the river to meet them when I received
this advice that corresponded with all my hopes, and insured the
accomplishment of my wishes to restore the peace of this country.
Some communication that I liad with the people of "Wilmington, of
whom I made a demand of a quantity of Hour, still encouraged my
good expectations, but their change of language soon afterwards
abated them greatly. Ilavnig not the least intercourse with the Loy-
alists, I still remained in doubt as well about the route they had taken
as concerning all reports of their operations until the G"" inst. that a
certain },V Reed, who, failing in an attempt to join them on their
route from Cross Creek (owing to the intervention of a party of the
Rebels) wonderfully escaped them and found his way down to me.
His intelligence reduced the number of the Loyalists to 3,500 men,
but nevertheless assured me they were in condition to make their
way good unless they were "obstructed by some unfordable water,
which from a better knowledge of the Country he supposed might
happen at a point where he computed them to be, and that it was
practicable to relieve them by small ves.sels, on which opinion that
I communicated to.Cnp' Parry of the Cruizer. That Centlenjan,
after consulting with the Pilots, made the necessary preparations for
giving every possible succour with his usual alacrity, but before this
purpose could be executed our intelligence from various quarters
assured us that the meeting of the loyalists was out of hope; that
they had been checked about 17 miles above Wilmington by the
Rebels, in an attempt to pass a Bridge, on the 27"" of February, and

COLONIAL RECORDS. 491

after sustaining the loss of Captain Donald M°Leod, a gallant
Officer, and near 20 men killed and wounded, had dispersed. This
unfortunate truth My Lord, was too soon confirmed by the arrival
of W McLean, M' Cami:)bel), M"" Stuart and M' M'Nicole, who with
infinite fatigue, danger and difficulty and by a vast effort made
their way to the Scorjjion Sloop of War, which lay at Brunswick.
From these Gentlemen my Lord I have accounts very different from
all my former intelligence. The\' tell me that owing to a want of
prudent concert, and more as they think to a deceit practiced upon
the Country People too palpable to escape instant detection, that
destroyed all faith and confidence between them and their leaders,
they brought instead of fiv'e thousand men they had promised,
not more than between seven and eight hundred to Cross Creek,
where the Highlanders; steady to their honourable purpose and
agreeable to concert that the whole body of loyalists should support
any part which necessitj^ or chance should put in motion prema-
turely, had taken arms and assembled to the number of six hundred
men, to back the untimely declaration of the Loyalists in the County
of Anson. Seeing then that they had no hopes of augmenting their
strength from the interior country and that the execution of their
purpose was no longer to be postponed, as the Rebels on every side
were making head to oppose them, they came to the resolution of
pressing forward with the force they had, amounting in the whole to
about fourteen hundred men. They marched accordingly, and taking
the route to Wilmington, met with no difficulty in advancing eighty
miles through the disaffected country, and were so near carrying their
point as to arrive within seventeen miles of it in force from their out-
set so much inferior to all mj' expectations, that daily diminished by
the defection of the Country people as danger and difficulty increased
upon them, and that at the time of tlie check was reduced to the
Highlanders and about one hundred of the Country People, making
in all about seven hundred men. This Event, My Lord, however
unlucky, I hope will justify to his Majesty and your Lordship my
representations of the favorable dispositions of many of the King's
subjects here but for the idle deception before alluded to (by which
thej' were taught that I was actually at Cross Creek with a thousand
regulars, and which their ready intercourse with that })lace as imme-
diately detected, as the disappointment- staggered their confidence)
I am assured would have grafted such a force on the spirit and
vigour of the Highlanders as must have been sufficient to restore

492 COLONIAL RECORDS.

peace and order in this Province without tlie immediate aid of his
Majesty's Troops.

Wliat I wish in the present state of affairs is to evince to his Maj-
esty that the conduct I have pursued was in my judgment indispen-
sible and calculated (so far as previous circumstances left it in my
power to act correspondingly) to answer the King's views and to ful-
fil liis INIajesty's orders communicated to me by Lord Dartmouth: the
rai-sing a large body of men in this country My Lord is not to be
effected by communicating the purpose to each individual to be
engaged, the peo])le are in a state of independence and none are to
be found so much under tlie inlluence of individuals here (except
perhajjs a few of the Highlanders) as to follow the implicit nod of
particular men, wherefore it being almost impossible to conduct with
secrecy a design of this nature it can only succeed in the present
state of things by the prompt execution of the purpose after it is
broached, and if there had been no preconcert of mine to attend to
laying together all parts of Lord Dartmouth's letter of the 7"" of
November I am at this day humbly of opinion I could not liave
taken measures more properly for the execution of its directions to
me than what I pursued not foreseeing the delay of the expedition.
I pleased myself at the time with their accidental unison and if the
zeal and forwardness of the people had not been repressed by the
imposition I have mentioned or if the Troops had arrived according
to my reasonable expectation at the beginning of February success
had most certainly crowned my endeavours, and if the Troojis had
not come exactly according to appointment the people appearing in
the numbers I surely reckoned upon and should have had, not con-
travened by fraud I could have put them in such condition and
strength by the provision I had made of arms and ammftnition as
would have enabled me to accomplish every part and object of the
King's orders with regard to holding in readiness a corps of Provin-
cials to join his Majesty's Troops when they did arrive.

The little check the loyalists here have received I do not conceive
My Lord will have any extensive ill consequences. All is recoverable
by a body of Troops penetrating into this country, on the practica-
bility of which I have gi^en my very liumble opinion to General
Clinton who will be the .Judge and Arbilor of what is to be effected.
The accounts of every person wlio has come from the country still
ostablisii my belief of the good inclinations of a very large Body of
peo[)le in it and of their wislies to assist in tlie restoration of his

COLONIAL RECORDS. 493

jMajesty's Government, and the difibrenee between the present state
of affairs and my expectations is that the King's troops if they act
here must now meet the people in the country instead of their
meeting them at tlie sea shore, which if feasible the generous offers
of his ^lajesty's subjects here after so long neglect & discouragement
and at such an alarming period of rebellion now almost general in
these Colonies, your Lordship's justice I i)crsuade myself will think
have a high claim.

While I can assure your Lordship I suffer every anguish, mortifi-
cation and disappointment from the defeat of my best endeavours
to fulfill in the most faithfull manner my royal Masters expectations
and commands, having the consciousness of discharging my duty to
the best of my judgment and understanding I trust my conduct
will stand fair in his ^lajesty's sight.

I most humbly beg leave to suggest to 'your Lordship that some
encouragemeiit is wanting to hold forth to the Provincials who may
serve on the present occasion, as provision for the families of such as
may be killed and support to such as may be wounded or disabled,
in which cases it is already understood among them that they are
not intitled to the same advantages as his Majesty's troops, which
may operate to the disadvantage of the King's service.

Your Lordship may rest assured that I shall employ my utn:iost
endeavours agreeable to the direction of your circular letter accom-
panying the Act of Parliaraent to prohibit all trade and intercourse
with the Colonies in RebelKon to give it effect in this Province.

Constrained to be my own Amanuensis for want of opportunity
to obtain a better in my present situation, and writing under every
possible inconvenience in the Cabin of a little vessel I am sensible
this letter needs apology, which I flatter mj-self your Lordships
goodness will admit when you are pleased to consider the wretched
state of a man not of Xeptuues element in the tenth mouth of his
confinement on Board Ship.

I have the hnuour to be, &c.,

JO. MARTIN.

494 ■ COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Proceedings of tlie Safety Committee in Pitt County.

Martinborough, Saturday March 23'', 177G.

The Committee meet.

Present: John Simpson, Chair; Robt. Salter, Geo. Evans, Simon
Pope, David Perkins, W". Travis, Benj. May, Jas. Lanier, Geo. Moy,
Arthur Forbes, W". Robson & Thos. Wolfenden.

Ordered, that Arthur Moore, Sen' be sent to Halifax to answer
some accusations laid to his charge. Ordered that Capt. Bowers
have leave of this committee to Take Bond for to continue Arthur
Moore in this Jaol.

Received — a petition from Maj. Gorham in behalf of Pitt County
to Discharge Mr Carson from teaching dancing, also Desiring that
the company of the Minute & Militia men be suj)plyed with Corn at
13s. 4d. f Barrel).

Ordered the petition be granted.

[From MS. Records in Office of Secretary of State.

Letters from President Johnston to the Delegates in Congress at
Philadelphia.

Halifax, lO'" April, 1776.

'Gentlemen,

I am bj' order of the Provincial Congress now .sitting at this
place to inform you that in Consequence of an intimation in your
Letter of the first of last month that it would be agreeable to Con-
gress that two more Regiments should be raised in this Province;
they have ordered them to be raised immediately, and it having
been represented by Gen' Moore are absolutely necessary for tlie
Service, they have ordered three companies to be raised which with
the two Regiments you are to use your influence to have placed on
tlie Continental Establishment.

The Provincial Congress iiavc aj)pointed Col° Fra' Nash to com-
mand tlie first Regiment in the stead of (Jen' Moore, Maj' Tho'
Clark is ailvanccd to the Rank of Lieutenant Colonel, Capt Will.

COLONIAL RECORDS. 495

Davis to be Major of the said Regiment; Col" Alex' Martin to
command the second Regiment in the stead of Gen' Howe, Maj.
John Patton Lieu' Col" and Capt John White Major in the said Reg'
and desire that you will apply to Congress for tlieir approbation and
that the proper Commissions be procured from the President and
forwarded.

The Field Officers in the other three Regiments are not yet
named.

To the Honbles W. Hooper, Joseph Plewes & John Penn, Esq".

Halifax, IS"" April, 1776.
Gentlemen',

The Congress this day have again taken under consideration their
Resolve of the O"", and finding that they had ordered a greater luim-
ber of privates than were consistent with the Regulations of the Con-
tinental Army have ordered four Regiments to be raised as by the
within resolve, the reasons that induced the Congress to this meas-
ure was the inconvenience they have experienced from the late fre-
C[uent calls on the Militia and the certain intelligence the^' have
received of a formidable attack being meditated against this prov-
ince. General Clinton is now in Cape Fear River and is preparing
to land. We have no certain intelligence of the number of Troops
under his command ; it is thought they do not exceed foui hundred.

Tlie Congress have likewise taken under consideration that part
of your letter requiring their Listructions with respect to entering
into foreign Alliances and were unanimous in their concurrence
with the inclosed Resolve confiding entirely in your discretion with
regard to the exercise of the power with which you are invested.

I enclose you a copy of an affidavit sent to the Congress by Gen'
Moore and some extracts from his letter bj- winch you will be able
to form some judgment of our situation.

It is hoped that the Continental Congress will appi'ove of our
having exceeded the number of men proposed by them to be raised
in this province and that you will find no difficulty in getting them
placed on the Continental Establishment, when it is considered that
the Colonies of Virginia and South Carolina arc in daily exjiecta-
tion of being invaded and that we have therefore very little reason
to hope for succour or assistance from other of them.

To the Honorable W. Hooper, Joseph Hewes and, John Penn.

496 COLONIAL RECORDS.

[N. C. Letter Book. S. P. G.]

Letter from Mr Pettigrew to the Secretary.

North Caeolixa, Edextox,
April 13'" 177G.
Reverend Sir,

On the 20* of last May I arrived at tliis Town and was prevailed
on by the solicitations of its inhabitants to spend one third of my
time in it as the Reverend Mr Ear] can preach to them but once in
three weeks the bounds of his parish being so extensive, notwith-
standing which I am taken into Barklej^ Parish in Perquimons. the
adjoining County, for the current year at least and make up the
vacant Sundays to them by preaching on week days — The Parish
is so large as to contain 5 Chapels at which I preach — It abounds
with Quakers who will neither hear nor contribute to the support of
Ministers of any other persuasion. My hearers therefore choose rather
to pay n:e by voluntary contributions than to extort anythiijg from
them. I have already baptized an hundred and twenty children,
six grown persons and administered the Sacrament of the Lord's
Supper to Eighteen Communicants.

Have the pleasure to tell you that I hope my labour liitherto has
not been in vain, if I may judge by appearances.

My last year being up the first of iNIarch have taken the liberty
to draw upon the Society for Twenty pounds sterling as a Mission-
ary to this Province, and hope my Bill will be honoured: M'
Josiah Cranberry is the Gentleman M'itli whom I have entrusted
the Bill.

Can mention nothing with regard to public affairs for such Let-
ters are not allowed to pass. But am with all due respect. Rev"*
Sir, Your most obliged &c,

CHARLES PETTIGREW.

COLONIAL RECORDS. 497

[From M6. Records in Office of Secretary of State.]

Letter from Colonel Richard Ca.swell to his Sdii.

Newingtox, Thursday 12 "Clock,

18'" April 1776.
My Deak Sox,

I am just returned from Halifax where I procured an Order for
the discharge of our Troops, a Copy of which I inclose you. I,
assisted by some of our Friends, tried to get you & Benj. Williams
promoted to the Rank of Capts. in one of the new Regiments to be
raised, to no purpose, as the Congress determined Every officer
should rise in the Regiment, onl}' that he was first appointed to, by
which means your venturing first into the Service of your Country
hinders your promotion. Capt. Bright has resigned, Capt. White is
appointed Maj' of the Second Regiment, so that there are two Cap-
taincies Vacant. AP Fenuer & M' Herritage ought to fill them, but
whether that will be the Case or not I know not. You will be best
able to Judge according to this way of settling rank, where abouts
you will be & whose 2'' Lieut, which I suppose is as high as you can
expect to be, you will also be informed that many young Lads who
come now into Service as Capts. & Lieuts. will rank before you.
Xow, whether will you Tamely Submit to be thus treated or will
you resign & come home to planting? I leave it to yourself If you
come home, how will you dispose of the Men? I have sent to
find .John Herritage out but can't learn where he is or what he will
do. If you are ordered by a Superior Regular officer to deliver the
Men or Join the 2* Regim', there I suppose you must do it, but if no
Such Orders you had better March them to Newbern with the Craven
Men & Assist in getting the Artillery along, this I suppose may be
done by a Serjeant, and you come up here by Tuesday' night as I
purpose to set out for Halifax Wednesday morning & would wish
you to go with me, where you may either resign or know where you
are to go & with whom. You have not engaged your Men for any
Regiment, therefore arc at Liberty, I think, to turn them over
where you can, with their Consent, elsewhere I would not. You may
if you will Compleat the Company, I suppose, out of the Militia as
£3 is directed to be Advanced and 403. Bounty. I will send you
some Money by Dukey, but don't let this keep you longer if you
- VOL. X — 32

498 COLONIAL RECORDS.

c

can Avoi'l it tlian Tuesday night. If you do not come either let
Dukey or some one else come express to me by that Time, If Capt.
fe Lieut. Cobbs both Come away M' Kennedy, M" Cox or M'' Ingram
will take charge of the Waggon. Pray see that all my things are
Secured in it. If you or M' Herritage are to stay at Cape Fear, you
might keep the Tent, Cot, Table & Chairs with a Case. However
this I must leave to you, in which prudence I hope will direct j'ou.
We are all well. If I don't See you let me hear any News you may
be possessed of. Give my Compliments to Capt. Cobb & his Kins-
men, let them know I expect they will be at Kingston by Tuesday
night. I therefore Write nothing to them but refer to Col. Bryan &
Capt. Daly. I am Dear Billey Your Affect*

R" CASAVELL.

P'. ^S. — .lohn Herritage says he will not go into Service again
under his former Com''.

I send 50 Bills of 2 dollars 100

50 half dollars 25

50 quarters do 12i

137i make £55.

[Reprinted from Jones' Defence of North Carolina, P. 279.]

Letter from Samuel Johnston to James Iredell.

Halifax, 20'" of April, 1776.
"Dear Sir,

"We have not yet been able to agree on a Constitution. We have
a meeting on it every evening, but can conclude on nothing. The
great difficulty in our way is, liow to establish a check on the Rep-
resentatives of the people, to prevent their assuming more power
than would be consistent with the liberties of tlie people; .such as
increasing the time of their duration and such like. Many projects
have been proposed too tedious for a letter to communicate. Some
have {)roposed that we should take up the plan of the Connecticut
Constitution for a ground-work but with some amendments; such
as that all the great officers, instead of being elected by the people
at large, should be appointed by the Asscmlily; but tliat llie Judges
of our Courts should hold tlieir offices duriiiii' good beliaviour. After

COLONIAL RECORDS. 499

all, it appears to me that there can be no check on the Representatives
of tlie people in a democracy, but the people themselves; and in order
that the check may be more efficient I would have annual elections.
"The Congress have raised four new regiments making in the
whole six, and three companies of light horse. They are about
striking a large sum of money for paying them. General Lee prom-
ises us a visit soon. I want much to see that original."

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Comnlittee in Pitt County.

Martineorough, April 23'^ 1776.

The Committee met.

Present : .Jas. Lanier, C. M. ; Simon Pope, Edmond "Williams, Geo.
]\loy, Benj. May, Arthur Forbes, James Williams, Geo. Evans, Jesse
Joliey, David Perkins & T. Wolfenden.

Jas. Lanier app. Chairman.

Ordered that Capt. Bowers have leave to take security for Arthur
Moore, to have the Liberty of this Town.

Ordered that Jessey Summerlin have leave to sue Peter May sou
of Jas. May.

Ordered that Thos. Wolfenden & .Jas. Lanier have leave to sue all
people Indebted to the estate of Charles Read Esq., dec'd.

Ordered, that Ann Pettit have leave to sue John Kennady.

Dan' Fore appeared before this Committee and was acquitted.

JAMES LANIER, Chair.

[From MS. Records in Office of Secretary of State.]

JOURNAL OF THE PROVINCIAL CONGRESS AT HALIFAX,
NORTH CAROLINA.

At a Congress begun and held at the town of Halifax, in the
county of Halifax, the 4th day of A]iril, in the year of our Lord
1776.'

It being certified that the following persons were duly elected and
returned for the respective counties and towns, to wit:

500 COLONIAL RECORDS.

For Anson County — Daniel Love, Samuel Spencer, John Craw-
ford, James Picket, and John Childs.

Beaufort — Roger Ormond, Thomas Respis, jun., and John Cpw-
per.

Bladen — Nathaniel Richardson, Thomas Robeson, Mutuian Col-
vill, James Council, and Thomas Amis.

Bertie — John Campbell, John Jolmston, and Cliarles Jaycocks.

Brunswick —

Bute — Green Hill, William Alston, William Person, Thomas
Sherrod, and Philemon Hawkins.

Craven — James Coor, Lemuel Hatch, John Bryan, William Bryan,
and Jacob Blount.

Carter — William Thompson, Solomon Shepard, and Jolni Black-
house.

Currituck — Samuel Jarvis, James White, James Ryan, Gidenn
Lamb, and Solomon Perkins.

Chowan — Samuel Johnston, Thomas Benburv, Thomas Jones,
John Bap. Beasly, and Thomas Hunter.

Cumberland — David Smith, Alexander ]\IcAlister, Farquard
Campbell, Thomas Rutherford, and Alexander ]McCoy.

Chatham — -Ambrose Ramsay, John Thompson, Joshua Rosser,
Jeduthan Harper, and Elisha Cain.

Duplin — Thomas Gray, and William Dickson.

Dobbs — Richard Caswell, Abraham Shepherd, Geo. jNliller, Simon
Bright, and William McKinnie.

Edgecombe — William Haywood, Duncan Lemon, Elisha Battle,
Henry Irwin, and Nathaniel Boddie.

Granville — Thomas Person, John Penn, ^lemucan Hunt, John
Taylor, and Charles Eaton.

Guilford — Ransome Southcrland, William Dent, and Ralph
Gorrill.

Hyde — Rotheas Latham, Joseph Hancock, John Jordan, and
Benjamin Parmelj'.

Hertford — Robert Sumner.

Halifax — John Bradford, James Ilogan, David Sumner, Joseph
John Williams, and Willis Alston.

Johnston — Samuel Smith, jun., Needham Bryan, jun., and Henry
Rains.

Mecklenburg — John Pfifer, Robert Irwin, and John ]\rcNitt
Alexander.

COLONIAL RECORDS. 501

Martin — "William Williams, Whitiiiill Hill, Kenneth McKenzie,
Thomas Wiggins, and Edward Smythwick.

New Hanover — John Ashe, John Devane, Samuel Ashe, Sampson
Mosely, and John Hollingsworth.

Northampton — Allen Jones, Jeptha Atherton, Drury Gee, Samuel
Lockhart, and Howell Edmunds.

Onslow — George Mitchell, Benfij'h Doty, John Spicer, John King,
and John Norman.

Orange — John lynchen, James Saunders, .John Butler, Nathaniel
Rochester, and Thomas Burke.

Perquimons — Miles Harvey, William Skinner, Thomas^Harvey,
Charles Blount, and Charles j\Ioore.

Pasquotank — Thomas Boyd, Joseph Jones, William Cuming,
Demjjsey Burgess, and Henry Abbott.
. Pitt — John Simpson, Edward Salter, and William Robson.

Rowan — Griffith Rutherford, and Matthew Locke.

Surry —

Tyrrell — -Archibald Corrie.

Tryon —

Wake — Joel Lane, John Hinton, John Rand, William Hooper
and Tignal -Jones.

Town of Bath — William Brown.

Newbern — Abner Nash.

Edenton — Joseph Hewes.

Wilmington — Cornelius Harnett.

Brunswick — -

- Halifox — Willie Jones.

Hillsborough — William Johnston.

Salisbury — David Nisbet.

Campbleton — Arthur Council.

Pursuant to which the following persons appeared, subscribed the
Test, and took their seats in Congress.

Mess. Samuel Johnston, William Haywood, Elisha Battle, Henry
Irwin, Edward Salter, William Robson, John Bradford, James
Hogan, David Sumner, Joseph John Williams, Willis Alston, Allen
Jones, Drury Gee, John Hinton, John Rand, Thomas Respis, jun.,
John Cowper, William Brown, George Mitchell, John King, John
Norman, John Spicer, Joseph Hancock, .John Jordan, Solomon Shep-
herd, William Thompson, Thomas Person, Memucan Hunt, John
Taylor, Miles Harvey, William Skinner, Samuel Jarvis, James

502 COLONIAL RECORDS.

White, James Ryan, Solomon Perkins, Thomas Benbury, Thomas
Jones, John Thompson, John Devane, James Coor, John Bryan,
Jacob Blount, Thomas Gray, Matthew Locke, Griffith Rutherford,
John Pfifer, Robert Irwin, John McNitt Alexander, William Person,
Green Hill, Thomas Boyd, William Williams, James Council, Phile-
mon Hawkins, William Alston, John Campbell, Nathaniel Richard-
son and Arthur Council.

Mr. Allen Jones proposed for President Samuel Johnston, Esq., who
was unanimously chosen, and conducted to the Chair, and James
Green, jun., was appointed Secretary, Francis Lynaugh and Evan
Swann Doorkeepers, during the continuance of the Congress.

Mr. Bradford presented a petition from the inhabitants of the
town of Halifax, setting forth that Willie Jones, Esq., who was
elected a delegate for said town, is appointed by the Continental
Congress Superintendent of Indian Affairs for the Southern Depart-
ment, in consequence of which appointment he had gone to Fort
Charlotte, in Georgia, whereby the said town was unrepresented,
praying leave to elect a delegate to sit and vote in Congress in the
absence of the said Willie Jones, Esq.

Resolved, That the freeholders of the said town of Halifax meet
on the 5th day of this instant, and elect a proper jierson to sit and
vote in Congress until the return of the said Willie Jones, Esq.

The Congress adjourned till to-morrow morning, ten o'clock.

Friday, April 5'\ 1776.

The Congress met according to adjournment.

Resolved, That Col. Nicholas Long take into his possession the
powder and other stores lately arrived from Philadelphia, and safely
keep the same until further orders.

The returning officer for the town of Halifax having certified that
Mr. John Webb was duly elected a delegate for the said town until
the return of Willie Jones, Esq., jMr. A\'ebb appeared, subscribed the
Test, and took his seat in Congress.

On motion. Resolved, That Mr. Allen Jones, Mr. Cornelius Har-
nett, Mr. James Coor, ]\Ir. Thomas Person, Mr. Thomas Benbury,
Mr. Thomas Respis, Mr. Samuel Jarvis, i\Ir. Green Hill, Mr. Arthur,
Council, Mr. Matthew Locke, Mr. Griffith Rutherford, and Mr. John
Hinton, be a committee to enquire into, and make report to this Con-
gress, of the quantity of ammunition now remaining in the Province.

COLONIAL RECORDS. 503

On petition of William Alston, setting forth that a certain John
Henderson is now about to remove himself out of this Province, to
the great prejudice of the orphans of Solomon Alston, deceased, the
same being certified on oath,

Resolved, Tiiat such of the estate of Solomon Alston, late of Gran-
ville county, deceased, being the property of his orphans now in the
possession of John Henderson or any other persons, be immediately
taken into possession for their v;se; and that the said John Hender-
son be brought forthwith to this Congress, there to answer any
deficiency that may appear, and reimburse the said orphans; and
that James Jones, of AVake county, be appointed to execute this
resolution in any part of the Province, and that he take with him
such assistance as he shall think necessary.

Resolved, That General ^vIcDonald be admitted to his parole upon
the following conditions: That he does not go without the limits of
the town of Halifax. That he does not, directly or indiretly, while
a prisoner, corresj^ond with any person or persons who are or may
be in opjiositiou to American measures, or by an}' manner or means
conve}' to them intelligence of any sort. That he take no draft, nor
procure them to be taken by any one else, of any place or places in
which he may be, while upon his parole, that shall now, or may
hereafter give information to our enemies whicli can be injurious to
us, or the common cause of America; but that without equivocation,
mental evasion, or secret reservation, he pay the most exact and
faithful attention to the intent and meaning of these conditions,
according to the rules and regulations of war ; and that he every
day appear between tlie hours of ten and twelve o'clock to the oflicer
of the Guard.

The Congress adjourned till to-morrow morning nine o'clock.

Saturday, April G'\ 1776.

The Congress met according to adjournment.

Mr. President laid before the Congress letters from the delegates
of this Province in Congress at Philadelphia, of the 12th of Febru-
ary and 1st of March last, inclosing sundry resolutions of the Conti-
nental Congress, which were read.

Ordered, That the same lie over for consideration till Monday
next.

^Ir. President laid before the Congress a letter from Col. James
Moore of the first regiment, inclosing a general field return of officers

504 COLONIAL RECORDS.

aud soldiers in camp, and also a return of the Tories' property in his
possession.

Ordered, That the same lie for consideration.

On motion, Mr. James Glasgow was appointed assistant Secretary
to this Congress.

Resolved, That Mv. David Love, John Cooper, James Council,
John Johnston, "William Person, James Coor, Solomon Shepherd,
Solomon Perkins, Thomas Benbury, David Smith, John Thompson,
Thomas Gray, Elislia Battle, Memucan Hunt, Joseph Hancock, Rob-
ert Sumner, Willis Alston, Whitmill Hill, Robert Erwin, John Hol-
lingsworth, Jeptha Atherton, John Norman, Thomas Burke, William
Skinner, Thomas Boyd, Edward Salter, Griffith Rutherford, Archi-
bald Corrie, John Rand, William Brown, Cornelius Harnett. John
Webb and David Nisbet be a committee of Privileges and Elections;
and that they have power to send for persons, papers and records,
as the case ma}' require, and make report to this Congress.

Resolved, That IMatthew Locke, Robert Irwin, John McXitt
Alexander, Thomas Person, Thomas Burke, John Taylor, John
Ashe, Thomas Gray, George Mitchell, John Cowper, William Brown,
James Coor, William Haj'wood, John Bradford, Green Hill, Whit-
mill Hill, Miles Harvey, William Skinner and .John Campbell be a
committee of Claims, to settle and allow military and naval
accounts.

Resolved, That Mr. Allen Jones, Joseph John Williams, David
Sumner, Jacob Blount, Thomas Respis, William Thompson, Thomas
Benbury, Archibald Corrie, Robert Sumner, Cornelius Harnett,
John Spicer, Nathaniel Richardson, Memucan Hunt, Nathaniel
Rochester, John Rand, Griffith Rutherfo*i'd, John Pfifer, David Nisbet
and John Ashe be a committee to settle the civil accounts of this
• Province.

The Congress adjourned till Monday morning ten o'clock.

Monday, April S'\ 1776.

The Congress met according to adjournment.

On motion. Resolved, That Mr. Harnett, Mr. Allen Jones, Mr.
Burke, Mr. Nash, Mr. Kinchen, Mr. Thomas Person aud Mr. Thomas
Jones be a select committee to take into consideration the usurpa-
tions and violences attempted and committed by the King and Par-
liament of Britain against America, and the further measures to be
taken for frustrating the same, and for the better defence of this
Province.

COLONIAL RECORDS. 505

Mr. Harnett presented the petition of Joseph Wood and partners,
praying an order to dispose of the effects of his Excellency Josiah
]\Iartin, E.squire, within this Province, to reimburse the loss they
have sustained bv the capture and detention of the sloop Joseph,
and the cargo on board of the same, or such other relief as this Con-
gress in their wisdom shall think fit.

Resolved, That ]\lr. Harnett, Mr. Allen Jones, Mr. Burke, Mr.
Thomas Person and ^Ir. Thomas Jones be a committee to take
under consideration the said petition, and make report to this Con-
gress.

Resolved, That JNIr. Allen Jones, Mr. Whitmili Hill, Mr. John
Ashe, Mr. Burke, Mr. Miles Harvey, Mr. Thomas Person, Mr. Ben-
bury, Mr. Rand, ^Ir. Rochester, Thomas Jones, Mr. Rutherford, Mr.
Southerland, Mr. Richardson, Mr. Harnett and Mr. Arthur C!ouncil
be a committee to enquire into the conduct of the insurgents and
other susjaected persons, and make report of their proceedings to the
Congress.

The order of the day being read.

Resolved, The same be deferred till Wednesday next.

Mr. Thomas Jones presented a petition from the executors of the
last will and testament of John Callaway, deceased, praying an
order may issue to impower them to seize so much of the estate of
Thomas Macknight, and cause the same to be sold, as may be of
value sufficient to satisfy the sura of £586.2, with interest and
accruing costs.

Resolved, That Mess Harnett, Allen Jones, Thomas Burke,
Thomas Person and Thomas Jones be a committee to take under
consideration the said j^etitioh, and make report to this Congress.

Mr. William Johnston, the delegate for the town of Hillsborough,
Mr. James Saunders and Mr. John Kinchen, for the county of
Orange, Mr. Thomas Wiggins, for the county of Martin, Mr. Ran-
some Southerland, Mr. William Dent and Mr. Raljsh Gorrill, for the
county of Guilford, Mr. Dempsey Burgess and Mr. Henry Abbott,
for the county of Pasquotank, ^Ir. Elisha Cain, for the countj' of
Chatham, Mr. Tignal Jones, for the county of Wake, and Mr. Abner
Nash, for the town of Newbern, appeared, suljscribed the test, and
took their seats in Congress.

On motion. Resolved, That the Rev. Mr. Ford be appointed Chap-
lain to this Congress.

The Congress adjourned till to-morrow morning nine o'clock.

506 COLONIAL RECORDS.

Tuesday, April 9'\ 1776.

The Congress met according to adjournment.

Resolved, Tliat Mr Corrie, Mr John Campbell, Mr Cowper, Mr
AVilliam Johnston and Mr Cornelius Harnett be a committee to
enquire into the cost of sundrj' merchandise deemed useful to the
service of this Province, as per invoice exhibited by Mr John Wright
Stanly, and that they report thereon.

On motion, Resolved, The Congress resolve itself into a committee
of the whole, to take into consideration the present state of the
Province, and t!:e expediency of emploj'ing a military force for its
defence against foreign and domestic invaders. • The Congress
resolved itself into a committee of the whole accordingly, and chose
John Campbell, Esq., Chairman; and after some time spent therein,
came to several resolutions. Then, on motion, Mr President resumed
the Chair, and Mr Chairman reported as follows, to wit:

Resolved, That two battalions, over and above the battalion
directed to be raised by the Continental Congress, be raised in this
Province, to consist of 750 privates each.

Resolved, That it be recommended that three companies of Light
Plorse, consisting of one Captain, one Lieutenant, one Cornet, and
33 privates each, be raised by this Province, and that it be recoja-
mended to the House to apply through their Delegates to the C ou-
tinental Congress to place the same on the Continental establishment.

Pesolved, That it be recommended to Congress that sC" bounty of
40s. and £3 advance be paid to every person inlisted into the service.

Resolved, That it be recommended tliat a penalty of £5 be
inflicted on any person who shall knowingly secrete, harbour, suc-
cour or entertain, for the space of 24 hours, any deserter from the
service, after having been duly inlisted; to be recovered before any
jurisdiction having cognizance thereof, one half to the informer, the
other half to the public.

The House taking the said report into consideration, and having
read the same paragraph by paragraph, concurred therewith.

Mr Gideon Lamb, one of the members of Congress for the County
of Currituck, Mr Kenneth McKenzie,, for Martin Count}', and Mr
Matthias Brickie, for Hertford county, appeared and took their seats.

Resolved, That Mr Abner Nash, Mr Thomas Burke and Mv Cor-
nelius Harnett be a committee to form a proper commission for
privateers.

COLONIAL RECORDS. 507

Resolved, That Mr John Ashe, Mr Thomas Jones, Mr Dempsej'
Burgess, Mr Cornelius Harnett, Mr Abner Nash, Mr Samuel Jarvis,
I\Ir John Johnston, Mr Thomas Burke, Mr John Kinchen, Mr Jacob
Blount and Mr Allen Jones be a committee of Ways and Means, to
form an estimate of tlie expense for supporting the troojis to be
raised for one j'ear.

Resolved, That Mess. John Ashe, Allen Jones, James Coor, Will-
iam Alston, Memucan Hunt, ]\Iatthew Locke, John Webb, John
Pfifer, John Spicer, Mr Ryan, j\Ir Griffith Rutherford, Mr Jolm
Campbell and Mr John Bradford be a committee for the better
regulation of tlie militia.

Resolved, Tliat Mr President, Mr Locke, Mr Webb, Mr Thomas
Jones, Mr Nash, Mr John Ashe and Mr Burke be a committee of
Secrecy, Intelligence and Observation.

Mr Rutherford, Chairman from the committee of Privileges and
Elections, reported as follows, viz.:

Your committee having taken into consideration the election of
those Delegates who were appointed to the Minute command, are of
opinion, that holding commissions in that service did not incapaci-
tate or disqualify them from being elected to represent in Congress
any town or count}^ in this Province, and that persons elected under
such circumstances, who were otherwise duly qualified, are entitled,
and should be permitted to sit and vote in Congress, when that ser-
vice is expired.

The Congress taking the said report into consideration, was
rejected.

Tlie Congress adjourned till to-morrow morning, nine o'clock.

Wednesday, April 10'^ 1776.

The Congress met according to adjournment.

Mr Duncan Lemon, a member of Congress for the county of
Edgecomb and Mr Thomas Sherrod, a member of Congress for the
county of Bute, appeared and took their seats.

On motion, Ordered, That Mr John Johnston have leave to absent
himself a few days from the service of the Congress.

The returning officer having brought before the Congress the ^ler-
son of John Henderson, at the instance of William Alston, Resolved,
That Mess. Thomas Person, Memucan Hunt, Howell Edmunds,
Matthias Brickell, Thomas Respis, Drury Gee and William Will-
iams, be a committee to take into consideration the petition of the

508 • COLONIAL RECORDS.

said William Alston, in behalf of Solomon Alston's orphans, and
make report thereon.

Resolved, That tlie sum of 10s. be allowed to each Captain,
Lieutenant, or Ensign, for every man which they shall enlist and
enroll as a soldier in the service (ijicluding those already enlisted)
as a full compensation for their expenses in recruiting their men.

Resolved, that the freeholders of Xorthampton county meet at
the Court House of said county on Friday the 22d of this instant
(April) then and there to elect one delegate to sit and vote in Con-
gress, in the room and stead of Mr Samuel Lockhart, whose seat
was vacated by his having acted as a Cajitain in the Minute Service.

Resolved, That the freeholders of the county of Bertie meet at
the Court House in said county on Monday the 15tli of this instant
(Ajiril) then and there to elect one delegate to sit and vote in Con-
gress, in the room and stead of Mr Charles Jaycocks, whose seat
was vacated by his having acted as an officer in the Minute Service.

Resolved, That the freeholders of the county of Dobbs meet at
the Court House in said county on Monday the 15th of this instant
(April) then and there to elect three delegates to sit and vote in
Congress, in the room and stead of Mr Richard Caswell, Mr Simon
Bright, and Mr George Miller, wliose seats were vacated by their
appointment as officers in the Continental and Minute Service; and
that i\]r. Benjamin Shepherd be appointed to take the poll, and
make due return of the persons .so elected.

The Congress being informed that a certain brigantine, called the
WlUiam, now lying in Port Beaufort, whereof Philip Wcstcott is at
present ]\Iaster, belonging to William Strobrook, Francis Burchitt
and Philip Westcott, of London, and it appearing by the Register
of the said vessel that she is Britisli propertj^,

Resolved, That Richard Cogdell, James Davis and John Green
cause the said brigantine or vessel to be immedietely seized and
detained, together with her tackle, apparel and furniture, until fur-
ther orders.

The Continental Congress having appointed Col. James Moore, of
the first Regiment, and Col. Robert Howe, of the second Regiment,
to the command of Brigadier Generals,

Resolved, That Lieutenant Colonel Francis Nash be appointed
Colonel, ]\Iajor Thomas Clark Lieutenant Colonel, and Captain
William Davis Major, of the first Regiment; Lieutenant Colonel

COLONIAL RECORDS. 509

Alexander Martin Colonel, Major John Patten Lieutenant Colonel,
and Capt. John White Major, of the second Regiment.

The Congress adjourned till to-morrow morning, nine o'clock.

Thursday, Ajiril l^^ 1776.

The Congress met according to adjournment.

i\Ir Allen Jones, Chairman, from the committee to enquire into
the conduct of the insurgents, and other suspected i)ersons, rei)orted,
amongst other things, that on consideration of the candor of Allen
McDonald, and his being in a low state of health, recommend him
to l)e admitted to his parole of honour, under such restrictions as has
been held forth to General McDonald.

The Congress taking the same into consideration,

Resolved, That Col. Allen McDonald be admitted to his parole
on the following conditions: That he does not go without the limits
of the town of Halifax. That he does not, directly or indirectly,
while a prisoner, correspond with any person or j^ersons who are or
may be in opposition to American measures, or by any manner or
means convey to them intelligence of any sort. That he take no
draft, nor procure them to be taken by any one else, of any place or
places in which he may be while upon his parole, that shall now,
or may hereafter give information to (jur enemies, which can be
mjurious to us, or the common cause of America; but that without
equivocation, mental evasion, or secret reservation, he paj' the most
exact and faithful attention to the intent and meaning of these con-
ditions, according to the rules and regulations of war; and that he
every day appear, between the hours of ten and twelve o'clock, to
the officer of the Guard.

Mr Thomas Harvey, one of the members for Perquimons county,
and j\Ir William Dickson, one of the members for Duplin county,
appeared, subscribed the Test, and took their seats in Congress.

On motion, Ordered, That the nomination and api)ointment of
military officers to the regiments directly to be raised in tliis Prov-
ince, be considered to-morrow.

Resolved, That Mess. John Campbell, William Thompson, James
Coor, Matthew Locke, Thomas Person, John Spicer and Solomon
Shepard be a committee to take into consideration a letter from the
committee of Carteret county.

The Congress adjourned till to-morrow morning, nine o'clock.

510 COLONIAL RECORDS.

Friday, April 12'\ 1776.

The Congress met according to adjournment.

The committee to enquire into tlie cost of sundry merchandizes
deemed useful to the service of this Province, as per invoice exhib-
ited by Mr John Wright Stanly, and agree with him for the same,
reported as follows, viz:

Your committee have examined the invoices of sundry goods
imported by John Wright Stanly, the cost of which appears to
amount to the sura of 3162 pieces of eight (pieces 8.s8)and two rials,
charged at St Eustatia, on which an advance of 75 per cent, for
risk and charges appear reasonable, as they were bought in barter;
also sundry other goods, by invoice produced, amounting to 3934
pieces of eight (pieces 8s8) four rials, and four stivers, bought with
ready money, on which an advance of 87 and a half per cent, for
risk and charges, and 20 per cent, for the risk, trouble and com-
mission, Mr Stanly had in the adventure.

Your committee are further of opinion that 500Kis. of gunpowder
offered by Mr Stanly at 8s. per pound, is at this time a reasonable
price; which several sums amount in the whole to £4848 Is. Id.
three farthings, Proclamation money, which your committee are of
opinion may be allowed and paid to Mr Stanly for the said goods,
on account and for the us3 of the public, on delivery of said goods
at Newbern in good order, to such person or persons as the Congress
shall appoint to receive them. Humbly submitted to the House.

The Congress taking the same into consideration, and the said
report being read, concurred therewith.

The Congress "having agreed with Mr John Wright Stanly, on
account of the public, for sundry goods and merchandizes, as per
invoice exhibited,

Resolved, That the Treasurers, or either of them, pay to John
Wright Stanly the sum of £4S48 Is. Id. three farthings. Proclama-
tion money, for sundry goods and merchandizes purchased of him
on account aud for the use of this Province, he first producing a
receipt from Jolm Green and David Barron tliat all and every
article contained in said invoice are hoiia fide and actually delivered
into their possession, in good and merchantable order, and that the
Treasurers be allowed in their accounts with the public.

On motion. Resolved, that Mr John Green and Mr David Bar-
ron, of Newbern, be requested to receive, and take into their pos-
session, from Mr John Wright Stanly, sundry goods and merchan-

COLONIAL RECORDS. 511

dizes, as per invoice exhibited, amounting to £4848 Is. Id. three
farthings, at the risk and on account of the public, till further
orders.

Mr Harnett, Chairman from the committee to take into consider-
ation the petition of Joseph Wood and co-partners, praying an
order to dispose of the effects of his Excellency Josiah .Martin, Esq.
etc. reported as follows, to wit:

Your committee having inquired into the several allegations set
forth in the said petition, do report as follows: That the said Joseph
Wood and partners, with permission of the committee of the City
and Liberties of Philadelphia, did on the 5th day of January last
past, load on board the sloop Joseph, William Raddon master, sun-
dry goods and merchandize, on their own account, to the value of
£670 OS. 7d. on account of William Todd, £190 of Joseph Wood, jun.
£10 of William Raddon, £9 18s. prime cost in Philadelphia, all which
w'ere consigned to the said Joseph Wood, jun., and bound to Geor-
gia; that in his passage the said sloop and cargo were taken by an
armed vessel called the General Gage, George Sybels master, and
carried into Cape Fear, where Josiah Martin, Esq., late Governor of
this Province, bore the chief command;' and the officers under com-
mand of the said Josiah Martin did violently' seize the said sloop
and cargo, and apply them to the use of the enemies of America,
whereby the said Joseph and partners lost £1500 current money of
Pennsylvania, over and above the profits they might reasonably
have made.

The House taking the same into consideration, concurred there-
with.

Resolved, That the inlisting of the Continental or Provincial regu-
lar soldiers into the service of any armed vessel or privateer, is
highly improper, and greatly injurious to the service; and that all
those who have presumed to inlist any soldiers, knowing they belong
to such service, have acted in a manner contrary to the interest of
this Colony, and have been guilty of a breach of the Continental
Rules and Regulations, and are hereby ordered to return the soldieis
so inlisted to the several corps to which they belong; and that if the
officer or officers belonging to such armed vessels or privateers do
not inimediately restore the soldiers so inlisted by them to the officer
or officers of their resjjective corps, that then, and in that case, they
will be considered as unworthy of any command under tliis Con-
gress and deemed enemies to American lilicrty. Proviiled that

512 COLONIAL RECORDS.

nothing herein contained shall be construed to extend to such sol-
diers as had served six months from the time of their inlistment.

The select committee to take into consideration the usurpations
and violences attempted and committed by the King and Parlia-
ment of Britain against America, and the further measures to be
taken for frustrating the same, and for the better defence of this
Province, reported as follows, to wit : ■

It appears to j^our committee, that pursuant to the plan concerted
by the British Ministrj' for subjugating America, the King and Par-
liament of Great Britain have usurped a power over the persons and
properties of the people unlimited and uncontrouled ; and disre-
garding their humble petitions for 2:)eace, liberty and safetj^, have
made divers legislative acts, denouncing war, famine, and every
species of calamity, against the Continent in general. The British
fleets and armies have been, and still are daily employed in destroy-
ing the people, and committing the most horrid devastations on the
country. That Governors in different Colonies have declared pro-
tection to slaves, who should imbrue tlieir hands in tlie blood of their
masters. That tlie ships belonging to America are declared prizes
of war, and many of them have been violently seized and confi.s-
cated. In consequence of all which multitudes of the people have
been [destroyed, or from easy circumstances reduced to the most
lamentable distress.

And whereas the moderation hitherto manifested by the United
Colonies and t-lieir sincere desire to be reconciled to the mother
country on constitutional principles, have procured no mitigation of
the aforesaid wrongs and usurpations, and no hopes remain of ob-
taining redress by those means alone which have been hitherto tried,
your committee are of opinion that the House .should enter into the
following resolve, to wit:

Resolved, That the delegates for this Colony in the Continental
Congress be impowered to concur with the delegates of the other
Colonies in declaring Independency, and forming foreign alliances,
reserving to this Colony th^, sole and exclusive riglit of forming a
Constitution and laws for this Colony, and of appointing delegates
from time to time (under the direction of a general representation
thereof), to meet the delegates of the other Colonies for such pur-
poses as shall be liereafter pointed out.

The Congress taking the same into consideration, unanimously
concurred therewith.

COLONIAL RECORDS.

The order of the day being read for taking into consideration the
nomination and appointment of mihtary officers —

Ordered, That the same be deferred till to-morrow.

Mr Needham Bryan, one of the members of Johnston county, Mr
Joseph AVilliams, Mr Joseph Winston and Mr Charles Gordon, three
of the members of ISurr}' county, appeared and took their seats.

The Congress adjourned 'till to-morrow morning, nine o'clock.

Saturday, April 13", 1776.

The Congress met acording to adjournment.

■Ordered, That Col. John Hogan, of the regiment of militia for
the county of Orange, have leave to resign his command.

Resolved, That if any commissioner or commissioners appointed
by the King, according to act of Parliament, to come over from
Great Britain to America, shall arrive in this Province, under any
pretext whatever, unless such commissioner or commissioners shall
produce a commission to treat with the Continental Congress, that
the person or persons of such commissioner or commissioners shall
be required to return immediately on board the vessel in which he
or they arrive; and in ca.se of refusal, or if such commissioner or
commissioners shall at an}^ time after be found on sliore within this
Province, the person or persons of such commi.ssioners be seized, and
immediately sent to tlie said Congress..

Resolved, That the thanks of this Congress be given to Col. Rich-
ard Caswell, and the brave officers and soldiers under his command,
for the very essential service by them rendered this country at the
battle of ^loore's Creek.

On motion. Resolved, The Congress resolve itself into a committee
of the whole, to take under consideration the augmentation of the
troops already voted to be raised by this Province.

The Congress resolved itself into a committee of the whole
accordingly, and chose John Camiibell, Esq., Chairman ; and after
some time spent therein, came to a resolution thereon. Then, on
motion, Mr President resumed the Chair, and Mr Chairman reported
as follows, to wit :

Resolved, that the troops voted l)y the Congress, as necessary to
the defence of this Province, shall be divided into six battalions
(including the two battalions voted by the last Congress) each bat-
talion to be commanded by one Colonel, one Lieutenant Colonel, and
one Major; and to consist of eight companies, each company to con-

514 COLONIAL RECORDS.

sist of one Captain, two Lieutenants, one Ensign, four Serjeants, four
Corporals, two Drummers, one Fifer, and 76 rank and file; also one
Quart'. r Master, one Commissary of Stores, one Surgeon, one adju-
tant, one Quarter Master Serjeant, one Drum ]\fajor, one Serjeant
Major, and ona Waggon Master for each battalion.

The Congress taking the same into consideration, concurred there-
with.

The committee appointed to take into consideration the petition of
William Alston, referred by the Congress, reported as follows, to wit:

Your committee having enquired into the several allegations set
forth in the said petition, together with the defence of the defendant,
and every pregnant circumstance relative thereto, do report as fol-
lows: They find that about August, 1775, the said William Alston,
in behalf of the orphans of Solomon Alston, deceased, in the said
petition mentioned, obtained under the signature of Josiah Martin,
Esq., Governor, &c., of North Carolina, a writ of Ne Exeat Regno,
against John Henderson (who intermarried with Sarah, widow of
the said Solomon) for mal practices in his administration of the said
deceased's estate, which said writ of Ne Exeat Ilegno your committee
find to be unduly and ineffectually executed; and further they find
that the sum of £1620 Proc. money, bequeathed to two of the orphans,
to wit: Jjemuel and Henry, in the said petition mentioned, hath
been impi-o}ierly applied by the said Henderson, or at least not
according to the express devise of the said Solomon. Your commit-
tee therefore are of opinion (exploding altogether the proceedings
on the writ of Ne Exeat Regno) that the said Henderson lie held to
sufficient security for his not removing an}' part of the said deceased's
estate out of the Province, or in default thereof, that the whole of
said estate be put and placed in the hands and possession of the
other two executors of the said Solomon, to wit: Joseph John Will-
iams and William Alston, for the use and emolument of the orphans,
to wit: Charity, Lemuel and Henry. Your committee further con-
ceive that the intention of the testator, respecting the tuition of his
children, is in some measure defeated by the intermarriage of his
widow witli the said Henderson; we therefore submit to the consid-
eration of the House, whether it may not be expedient to place the
said orphans under tlie care of .some other person, so that their edu-
cation and Ijriuging up may be suitable to their rank and fortune.

The House taking the same into consideration, concurred there-
witli.

COLONIAL RECORDS. " 515

The returning officer having certified that j\Ir Eaton Haynes was
duly elected one of the delegates for the county of Northampton, in
the room and stead of Mr Samuel Lockhart, whose seat M'as vacated
by his having a command in tlie Minute Service, he appeared and
took his seat.

Mr Ambrose Ramsay, of Chatham, one of the delegates, Mr Sam'
Spencer, for Anson County, and Mr John Childs, of the same county,
appeared, subscribed the Test, and took their seats in Congre.ss.

On motion, Ordered, That xVlexander McDonald (son of Allen
McDonald) be permitted to his parole, under the same restrictions
as those already enlarged.

On motion, Ordered, That Mr John Hunt be appointed an Assist-
ant Clerk to this Congress.

Resolved, That Mr President, Mr Nash, Mr Harnett, ]\Ir Thomas
Jones, Mr Green Hill, Mr Burke, Mr Allen Jones, Mv Locke, i\Ir
Blount, Mr Rand, ]\Ir John Johnston, Mr Ashe, Mr Kinchen, Mr
Spencer, Mr Haywood, Mr Richardson, Mr Bradford, Mr Ramsay
and Thomas Person be a committee to prepare a temporary Civil
Constitution.

Mr Abraham Shepherd, one of the delegates for Dobbs county,
appeared and took his seat.

The order of the day being read for taking into consideration the
nomination and appointment of military officers,

Ordered, That the same be deferred till Monday next.

The Congress adjourned till Monday morning, nine o'clock.

Monday, April 15"", 1776.

The Congress met according to adjournment.

Resolved, That the Minute men and Militia battalions and troops
under the command of Col. Caswell, remain in their present station
until Saturday next, and afterwards have leave to marcli, under their
respective officers, into their several counties, and then have leave
to disband ; the Congress relying on the gallantry and public spirit
of those brave officers and soldiers, so far as to rest satisfied that
they will not avail themselves of this permission, if there be any
immediate danger of an attack on that part of the Colony where
they are now .stationed

Pursuant to a resolve of the 11"" instant, Mr President presented
the thanks of the Congress to Col. Richard Caswell, and the brave
officers and soldiers under his command, for the very essential ser-

516 ■ COLONIAL RECORDS.

vice by them reudered this Colony at the late battle of Moore's
Creek.

The committee to whom was referrred the consideration of a letter
from the conmiittee of Beaufort, in Carteret county, are of opinion
that the situation of that town, and the Inlets adjacent, are such,
that it appears absolutely necessary that a considerable military
force should be stationed at or near said town, to prevent our ene-
mies from landing there, supplying themselves with provisions, and
committing hostilities and depredations in that part of the Province;
and that until further provision is made for the defence of that
county, the company of 50 men now raised by the committee of said
county be continued for that purpose, so long as the said committee
shall judge it necessary.

The committee are also of opinion, that the turpentine now lying
at Beaufort, belonging to William Gibbs, should be landed at his
expense, and for his use, at some secure place where it may not fall
into the hands of the enemy; all which is submitted to Congress.

Ordered, the said report lie for consideration.

J\lr Lawrence Baker, one of the delegates for Hertford county,
ai^peared, subscribed the Test, and took his seat in Congress.

William Hooper and John Penn, Esqrs., delegates of the Conti-
nental Congress and members of this House, appeared, subscribed
the Test, and took their seats.

Resolved, That Mr Hooper, Mr Penn, Mr Harnett, Mr Ashe, Mr
Thos. Jones, Mr Burke and Mr Spencer be a committee to take into
consideration the most practical)le and ex})cditious method of sup-
plying the Province witli arms, ammunition, warlike stores and
sul^jhur, and also the expediency of erecting works for the making
of salt petre, gunpowder and purifying sulphur.

On motion. Ordered, The House take into consideration the state
of the Sea coast to-morrow morning.

Ordered, That Mr Hooper and Mr Penn lie added to the com-
mittee to prepare a temporary Civil Constitution.

The Congress taking into consideration the a}ii)c)intment of the
field officers to the battalions directed to be raised,

Resolved, That Jethro Sumner, Esq. be appointed Colonel, Will-
iam Alston, Esq. Lieutenant Colonel, and Samuel Lockhart; Es<j.
Major, of the od regiment. Thomas Polk, Esq. ('olonel, James
Thackston, Esq. Lieutenant Colonel, and William Davidson, Esq.
Major, of the 4th regiment. Edward Buncombe, Esq. Colonel,

COLONIAL RECORDS.

517

Henry Irwin, Esq. Lieutenant Colonel, and Levi Da\v.son, Esq.
j\Iajor, of the 5th Regiment. Alexander Lillington, Esq. Colonel,
^^'illiam Taj'lor, Lieutenant Colonel, and Gideon Lamb, Major, of
the Gth regiment. And Robert Washington, Adjutant of the 3rd
regiment, William Williams, Adjutant of the 4th regiment, Henry
Darnell, Adjutant of the 5th regiment, and Bennet Crafton, Adju-
tant of the Cth regiment.

The Congress adjourned till to-morrow morning nine o'clock.

Tuesday, April IG'", 1776.

The Congress met according to adjournment.

The several districts, by direction of the Congress, having nomi-
nated sundry persons as officers to the battalions directed to be raised
in this Province; the House taking the same in consideration.

Resolved, That the persons be, and they are hereby appointed
accordingly, to wit:

Halifax.
William Brinkly, Captain.
Isaac Privat, 1" Lieut. .
Christopher Lacky, 2""^ Lieut.
William Etheridge, Ensign.
Pinkethman Eaton, Captain.
James Bradly, T' Lieut.
Robert Washington, 2"' Lieut.
Joseph Montfort, Ensign.
John Gray, Capjtain.
Joseph Clinch, 1" Lieut.
:\Iatthew Wood, 2""' Lieut.
Etheldred Dance, Ensign.
William Barrat, Captain.
Nicholas Edmunds, 1" Lieut.
Gee Bradly, 2"" Lieut.
AVilliam Linton, Ensign.
Jacob Turner, Captain.
Daniel Jones, P' Lieut.
Alsop High, 2"* Lieut.
Benjamin Morgan, Ensign.

■ Edkntox.
Peter Simon, Captain.
Andrew Duke, 1" Lieut.
Nehemiah Long, 2°* Lieut.
Benjamin Bailey, Ensign.
.John Pugh Williams, Captain.
Thos. Whitmell Pugh, 1^' Lieut.
Joseph Clayton, 2"* Lieut.
Elisha Rhodes, Ensign.
Jerom j\Iaclaine, Captain.
Jacob Pollock 1'' Lieut.
Blount Whitmell, 2"^ Lieut.
William Knot, Ensign.
Thomas Granbery, Captain.
Kedar Ballard, 1" Lieut.
John Granbery 2""^ Lieut.
Zephaniah Burges, Ensign.
Roger Moore, Captain.
William Goodman, 1" Lieut.
Benajah Turner, 2"'' Lieut.
Abel Mosslander, Ensign.

518

COLONIAL RECORDS.

Newlern.
Simon Alderson, Captain.
William Groves, 1" Lieut.
John Custis, 2"" Lieut.
James McKiimie, Ensign.
John Enloe, Captain.
George Suggs, 1" Lieut.
Henry Cannon, -."'' Lieut.
Sliadrach "W^ooten, Ensign.
William Caswell, Captain.
Henr}' Darnell, 1" Lieut.
John Sitgreaves, 2°'' Lieut.
John Bush, Ensign.
Reading Blount, Captain.
Benjamin Coleman, 1" Lieut.
John Allen, 2'"' Lieut.
Thomas Blount, Ensign.
Benjamin Stedman, Captain.
Robert Turner, 1" Lieut.
John Eborn, 2'"' Lieut.
Charles Stewart, Ensign.

Wilmington.
John A.she, jun.. Captain.
Charles Hollingsworth, 1"' Lieut.
Mark M°Lamy, 2'"' Lieut.
David Jones, En.sign.
John James, Captain.
Daniel Williams, 1" Lieut.
Jolni M'Can, 2°'' Lieut.
Edward Outlaw, Ensign.
Griffith John MTiee, Captain.
Francis Child, 1^' Lieut.
Christopher Gooding, 2""' Lieut.
Richard Singletary, Ensign.
George Mitchell, Captain.
Amos Love, 1" Lieut.
Benjamin Pike, 2°'' Lieut.
Reuben Grant, Ensign.
Arthur Council, Captain.

Hillsborough.
Philip Taylor, Captain.
John Kennon, 1" Lieut.
Dempsey Moore, 2"'' Lieut.
Solomon Walker, Ensign.
Archibald Lyttle, Captain.
Thomas Donoho, 1°' Lieut.
Samuel Thomp.son, 2'"' Lieut.
William Lyttle, Ensign.
James Emmett, Captain.
William Clements, 1"' Lieut.
John Madaris, 2"'' Lieut.
John Morpis, Ensign.
Jesse Saunders, Captain.
William Glover, 1" Lieut.
Pleasant Henderson, 2°'' Lieut.
Thomas Grant, Ensign.
William Ward, Captain.
John Whitley, 1'' Lieut.
Willis Pope, 2"^ Lieut.
John Hopson, Ensign.

Salisbury.
Robert Smith, Captain.
William Brownfield, 1" Lieut.
William Caldwell, 2"' Lieut.
Thomas M^Clure, Ensign.
William Temple Cole, Captain.
James Carr, 1" Lieut.
David Craig, 2"^ Lieut. •
Joseph Patten, Ensign. -
Thomas Harris, Captain.
Thomas Picket, V Lieut.
James Farr, 2"'' Lieut.
James Coots, Ensign.
Joseph Philips, Captain.
James Sliepherd, 1" Lieut.
Micajah Lewis, 2"'' Lieut.
William ]\Iereditli, Ensign.
John Neilson, Captain.

COLONIAL RECORDS. 519

Thomas White, 1" Lieut. William Dent, jun., 1" Lieut.

Thomas Armstrong, 2"^ Lieut. , James Starrat, 2°* Lieut.
Denny Porterfield, Ensign. Alexander Nelson, Ensign.

By the House.

.John Baptista Ashe, Captain. James Cook, Captain.

George Daugherty, 1" Lieut. Adam Hampton, 1" Lieut.

Andrew Armstrong, 2"^ Lieut. John Walker, jun., 2"'' Lieut.

Joshua Hadly, Ensign. Adam M°Faddon, Ensign.

The Congress taking into consideration the appointment of officers
to the companies of Light Horse to be raised in this Province,

Resolved, The following persons be appointed accordingly, viz.,

John Dickerson, Captain ; Samuel Ashe, jun.. Lieutenant, and
Abraham Childers, Cornet, of the 1st company. Martin Pfifcr, Cap-
tain; James Sumner, Lieutenant, and Valentine Beard, Cornet, of
the 2nd company. James Jones, Captain; Cosimo Madacy, Lieuten-
ant, and James Armstrong, Cornet, of the 3d company.

Resolved, That Mr Sumner, Mr Thomas Person, Mr Rutherford,
Mr Ashe and Mr Nash be a committee to regiment the different
companies to be raised.

Resolved, That the committee of Secrecj', Litelligence and Obser-
vation, already appointed by this Congress, shall have full power to
■ send for, and enforce the attendance before them of all sus^iected
persons, and to compel the attendance of witnesses, and to procure
all such papers as maj' give information with respect to such
offenders; and that such committee report nothing to this House, or
to an}' person, wliich may tend to defeat the purpose of this appoint-
ment.

Mr William Cuming, one of the delegates for Pasquotank county,
and Mr William Murfree, one of the delegates for Hertford county,
appeared and took their seats.

Ordered, That Mr William Cumming and j\L' .John Johnston be
added to the committee to take under consideration the petition of
William Alston, and that the said petition be recommitted for their
consideration.

Mr. President laid before tiie House a copy of a letter received
from the committee of Onslow county, from John Cruden ct Co., of
Wilmington, to Patrick McLeod, of London, signifying sundry
things tlierein unfriendly to the American rights; therefore

520 COLONIAL RECORDS.

Resolved, That the said John Cruden be immediately sent for,
taken into custody, and brought before this House, to answer for his
conduct; and that the committee of Onslow county be desired to
send to the Congress the original papers respecting the said John
Cruden & Co. and William Gibbs, and that Capt. John Daly be
appointed to execute this resolve, and make due return thereon.

The Congress adjourned till to-morrow morning nine o'clock.

Wednesday, April 17'^ 1776.

The Congress met according to adjournment.

Resolved, That no recruiting officer shall be allowed to inlist into
the service any servant whatsoever, except apprentices bound under
the laws of this Colony; nor any such apprentice, unless the consent
of his master be first had in writing; neither any man unless he be
5 feet 4 inches high, healthy, strong made, and well limbed, not
deaf, or subject to fits or ulcers on their legs.

The' committee for regimenting the different companies, laid
before tlie House the following arrangement, which wa§ agreed to,
viz. :

Third Regiment — Jethro Sumner, Colonel; William Alston,
Lieutenant Colonel; Samuel Lockhart, Major. Captains — 1 Will-
iam Brinkly, 2 Pinkithman Eaton, 3 John Gray, -i "William Barrot,
5 Jacob Turner, 6 George Granbury, 7 James Cook, 8 James Emmet.

Fourth Regiment — Thomas Polk, Colonel; James Thackston,
Lieutenant Colonel; William David.son, Major. Captains — 1 Roger
• Moore, 2 John Aslie, 3 Jerom Maclaine, 4 Robert Smith, 5 William
Temple Cole, 6 Thomas Harris, 7 Joseph Phillips, 8 John Nelson.

Fifth Regiment — Edward Buncombe, Colonel; Henry L-win,
Lieutenant Colonel; Levi Dawson, j\Iajor. Captains — 1 Reading
Blount, 2 John Enloe, 3 William Caswell, 4 Simon Alderson,5 Ben-
jamin Stedman, G Peter Simons, 7 John Pugh Williams, 8 William
Ward.

Sixth Regiment — Alexander Lillington, Colonel; William Tay-
lor, Lieutenant Colonel; Gideon Lamb, Major. Captains — 1 John
James, 2 Griffith John McReo, 3 George Mitchell, 4 Arthur Council,
5 Philip Taylor, (i Archibald Lyttle, 7 Je.s,so Saunders, 8 John Baj)-
tista Ashe.

The Captains to take rank from the time their respective compa-
nies shall be completed, to bo certified under the hand of one or

COLONIAL RECORDS. 521

more magistrates of the county wliere the men may be raised ; and
in case two or more companies be compleated in one day, or any
dispute arise about rank, that it be determined by a court martial.

Ordered, That Mr William Cumming, Mr Allen Jones and Mr
Ashe be a committee to draw up rules of decorum to be observed
in Congress.

Ordered, That John Martin, Donald Shaw, Sorril McDonald, Nivin
Colbreath, Robert Mylne, Richardson Fagon, John Martin, Alex-
ander Spiers and George Meeks be discharged from their further
attendance.

Ordered, That Edward Winslow be discharged, he first entering
into bond, with security, in the sum of £50 for his personal attend-
ance at any future time before this Congress.

That James Barns have liberty to retire from this Congress, and
that Col. Nicholas Long deliver to him his waggon and liorscs, and
such other property as has been detained.

Resolved, That Dr. Robert Hall be appointed Chirurgeon to the
od regiment, Dr. Hugh Boyd Chirurgeon to the 4th regiment. Dr.
Samuel Cool\', Cliirurgi'on to the 5th regiment, and Dr. "William
McClure Chirurgeon to the 6th regiment.

Resolved, That James Hogan, Esq., be appointetl Paymaster of
the 3d regiment to be raised in this Province, also Paymaster to the
three companies of Light Plorse. Samuel Ashe, Esq., Paymaster to
the first regiment. Jacob Blount, Esq , Paymaster to the second
regiment. Hezekiah Alexander, Paymaster to the fourth regiment.
Thomas Benbury, Paymaster to the 5th regiment. Nathaniel
Rochester, Paymaster to the 6tli regiment.

Resolved, That Mr Wliitmill Hill, jNIr Thomas Person, Mr John
Ashe, i\Ir Coor, Mr Harnett, j\Ir Locke, Mr Cooper, Mr Lamon and
Mr John Johnston be a committee to settle the rations and the price
to be allowed the commissaries for victualling the army.

Resolved, That Nicholas Long, Esq., be recommended to the Gen-
eral Congress for Quarter Master General to the Southern Depart-
ment, to rank as Colonel; and that he act as Quarter^, Master in this
Province until the sense of the Congi'ess shall be had thereon.

Resolved, That Samuel Swan, Esq., be recommended to the Gen-
eral Congress for Deputy Adjutant General in" this Province, and
that he act as such until the sense of the Congress shall be had
thereon.

52-2 ■ COLONIAL RECORDS

Resolved, That. Mr Locke, Mr Sanders, Mr Thoroas Person, Mr
Rutherford, Mr Whitmill Hill, Mr Burke, Mr Nisbet, Mr Spencer,
INIr Abraham Shepherd and Mr Thomas Harvey be a committee to
settle and allow the pay of the Light Horse heretofore in the ser-
vice, and also tlie pay of those Light Horse directed to be raised by
this Congress.

The order of the day being read, Resolved, That Mr Hooper, Mr
Penn, Mr Harnett, Mr Thompson, Mr Campbell, Mr Benbury, Mr
Abbot, Mr Jarvis, Mr Xash, ]\Ir. Coper, Mr Miles Harvey, Mr
Thomas Jones, Mr John Ashe, ^Mr Spicer and Mr John Jordan be a
committee to take into consideration the defence and state of the
Sea coast, and make report thereon.

Resolved, That Mr Spencer, Mr Hawkins, Mr Joseph Williams,
Mr Thomas Person and Mr John Johnston be a standing committee
to take into consideration such petitions as may be exhibited by
persons who shall appear objects of charity.

The Congress adjourned till to-morrow morning, nine o'clock.

Thursday, April 1S'^ 1776.

The Congress met according to adjournment.

Resolved, That it be an instruction from this House to the com-
mittee of Claims, to allow all reasonable charges and expences to
the officers, soldiers, and other persons, who served in the militia
lately in service, although there be no provision made for such
claims in the act or acts of Assembly, or resolves of Congress, here-
tofore made; and that where it shall appear to them that any indi-
vidual has bona fide advanced liis money for the public service, they
sliall allow the same.

Resolved, That every member of this Congress consider himself,
under the ties of virtue, honor and lov(? of his countrj-, not to
divulge, directly or indirectly, any matter or thing agitated or
debated in Congress, during the time of debate, or before the same
shall bo determined, or after the determination thereof, whicli the
President, at the request of the mover thereof, openly shall direct
to be kept secret, without leave of the Congress, or a majority
thereof; and that every person who shall violate this agreement
sliall be expelled the Congress, and considered an enemy to America;
and that every meml)er signify his consent tliereto by signing his
name.

COLONIAL RECORDS.

523

Samuel Johnston
Thomas Respis, jun.
John Cowper
John Campbell
William Alston
Phil. Hawkins, jun.
Jacob Blount
John Bryan
William Thompson
Solomon_ Shepherd
William Person
Samuel Jarvis
James Ryan
Solomon Perkins
James White
Thomas Benburj'
Thomas Jones
Jolm Thompson
William Haywood
Elisha Battle
M. Hunt
John Taylor, jun.
Joseph Hancock
John Jordan
Robert Sumner
Joseph John Williams
Willis Alston
John Bradford
James Hogan
Nathaniel Richardson
James Council
Arthur Council
John Phifer
J. McNitt Alexander
Robert Irwin
William Williams
John Ashe
John Devane
Allen Jones
Drury Gee.
John King

Miles Harvey
W. Skinner
Thomas Boyd
Wi-Uiam Robson
Griffith Rutherford
Matthew Lock
John Hinton
J. Rand

Cornelius Harnett
Whitmill Hill
Howell Edmunds
David Nisbet
James Coor
John Webb
Day Ridlej'
David Sumner
C. W. Jacocks^
Jeph. Atherton
James Bonner
Nathan Boddie
Rotheas Latham
Benjamin Parmele
Jeduthan Harper
George Miller
Richard Caswell
S. Ashe •
Joseph Jones
Sam. Smith
A. Corrie
John Johnston
Benajah Doty
John Hollinsworth
John Spicer
William Brown
Nathaniel Rochester
David Smith
David Love
Thomas Burke
Charles Eaton
Alexander McAle-ster
William .Johnston

James Sanders
Simon Bright
J. Kinchen
Thomas Wiggins
Ransom Southerland
Henry Abbot
Dempsey Burges
William Dent
Ralph Gorrell
A. Nash
Elisha Cain
Tig. Jones
K. McKenzie
A. Ramsey
Joseph Williams
Dun. Lamon
Thomas Harvey ,
William Dickson
Needham Bryan
Joseph Winston
Charles Gordan
Eaton Haynes
Samuel Spencer
John Chiles
Abraham Sheppard jr.
Law. Baker
Will. Hooper
John Penn
AVill. Cumming
Will. Murfree
Gideon Lamb
James Green, jun. Sec.
J. Glasgow, iVss't Sec.
John Hunt, Ass't Sec.
Thomas Person
Green Hill
Thomas Sherrod
John Simpson
Tom Gray
Thomas Hunter

524 COLONIAL RECORDS.

On motion, Ordered, That Henry Giffard's letter to Col. James
^loore be referred to the committee to take into consideration the
most practicable and most expeditious method with supplying the
Province M'ith arms, ammunition, wa- like. stores, &c.

Resolved, That Mr Allen .Jones, Mr Nash, Mr John Ashe, Mr
Miles Harvey and Mr William Thompson be a committee to draw
up instructions and orders for the recruiting officers.

Ordered, That John Slingsby, James Work, Dougal Campbell,
Hector McNeill, Daniel Treadway, Malcolm McNeill, James Cooper,
John Cox, James Collins and Daniel Muse have leave to retire from
their further attendance on this Congress, and that certificates be
issued for their passing unmolested.

On motion. Resolved, That a Resolve of yesterday, for ajipointing
James Hogan Paymaster to the 3d regiment, Samuel Ashe Paymas-
ter to the 1st regiment, Jacob Blount Paymaster to the 2d regiment,
Hezekiah Alexander Payma.ster to tlie 4th regiment, Thomas Ben-
bury Paymaster to the 5th regiment, and Nathaniel Rochester Pay-
master to the Gth regiment, be rescinded.

Resolved, That Jacob Blount, Esq., be appointed Paymaster to
the troops in this Province, and that he be allowed fifty dollars per
month, (the pay of a Deputy Paymaster,) and that he enter into
bond, with sufiicient security, in the sum of £100,000 for his faith-
ful discharge of that office.

Resolved, That Robert Bignal be allowed the sum of £54 Ss. Sd.
Proc. money, for 100 wt. of gunpowder, and 433 wt. of shot; that
the Tr asur. rs, or either of them, pay him tlie same, on his producing
a receipt from Col. Henry Irwin that the same is bona fide delivered.

The Congress adjourned till to-morrow morning, nine o'clock.

Friday, April 10'^ 177G.

The Congress met according to adjournment.

Resolved, That Thomas Wade and David Love for Anson ; Henry
Bonner and Joseph Blount for Beaufort; Thomas Robinson and
Thomas Brown for Bladen; Zedekiah Stone and Jonathan Jacocks
for Bertie; Richard (Quince jun. and Parker Quince for Brunswick;
Julius Nichols and Adkin Macklemore for Bute ; Christopher Neale
and William Blount for Craven ; John Eason and Brice Williams
for Carteret ; Samuel Jarvis and Solomon Perkins for Currituck ;
Luke Sunnier and John Baptist Beasley for Chowan; Ebenezer Ful-
some and John Blocker for Cumberland ; Mial Scurlock and Solo-

COLONIAL RECORDS. 525

mon Morgan for Chatham ; James Kenan and Richard Clinton for
Duplin; Benjamin Sheppard and Joseph Green for Dobbs; Henry
Horn and Jonas Johnston for Edgecombe; Memucan Hunt and
Thomas Banks for Granville ; C harles Bruce and Daniel Galaspee
for Guilford; Edward Hancock and William Russell for Hyde;
George Little and William Baker for Hertford; Egbert Haywood
and David Crawley for Halifax ; Needham Bryan and John Smith
for Johnston; David Rees and Thomas Harris for Mecklenburg;
Francis Ward and Blake Baker Wiggins for Martin ; John Devane
and Capt. John Foster for New Hanover; William Eaton and Heze-
kiah Hough for Northampton ; William King and Thomas John-
ston for Onslow; John Butler and John Atkinson for Orange; Benj.
Harvey jun. and Edmund Blount for Perquimans ; Isaac Gregory
and Othniel Lassell for Pasquotank ; James Gorham and Benjamin
May for Pitt; Francis Lock and James Brandon for Rowan ; Robert
Lanier and Jesse Walton for Surry ; Stevens Lee and Hezekiah
Spruill for Tyrrell ; William Grimes and Robert Alexander for
Tryon; and Thomas Hines and Theophilus Hunter for Wake
county, be appointed to receive, procure and purchase fire arms for
the use of the troops, and that they observe the following regula-
tions :

1. That they receive into their possession all such arms as have
been taken from the Tories, and keep them safely till they shall be
demanded by persons hereafter to be appointed by this Congress for
that purpose ; and that they liave power to give discharges upon
such receipts to all persons intitled to them.

2. That they purchase all tire arms which are good and sufficient,
and fit for hnflcediate use; and also such as maybe repaired, and
put in such order as to be made useful. Provided, that no guns fit
for immediate use may be purchased from any militia man, whereby
he may be able to plead such circumstance in excuse for not attend-
ing his duty as a militia man when called upon.

3. That such arms as they shall purchase which are out of repair,
they shall immediately put into the hands of workmen to make fit
for use, and by every means in their power expedite the same.

4. That the arms so taken, when rej^aired, shall be valued by
indifferent persons, and after deducting the expense of the repairs,
the surplus shall be paid to those from whom such were purchased ;
and as to those which are fit for immediate use, the value tliereof.

526 COLONIAL RECORDS.

upon appraisement made by indifferent persons, sliall be paid to the
proprietors.

Resolved, Tfiat as there are a number of persons called Quakers,
Moravians and Dunkards, who conscientiously scruple bearing arms,
and as such have no occasion for fire arms, that they be informed,
that it is the sense and confident expectation of this Congress, that
tliey will dispose of their fire arms to the said commissioners, the}'
receiving the full value thereof ; but that no compulsion be exer-
cised to induce them to this duty.

Resolved, Tliat the sum of £300 be advanced to the draft of the
said commiss'oners for each county, tliey giving bond and security
for the due application of the same, and that such bonds be to the
President of tliis Congress; and tiiat the. Delegates of each county
shall take care that such bond is given, and shall exert themselves
to aid and assist the said commissioners to carry these resolves into
execution.

Resolved also. That the said commissioners shall receive from
those who now hcfld them in possession, all swords, dirks, pistols,
and all other implements of war, which have been taken from the
.Tories: and that they purchase as manj' bayonets as can be pro-
cured, wliich are already made.

Resolved also. That if armorers cannot be found in each county
sufficient for repairing such arms, that they be sent into such pub-
lic armory as shall be established hereafter by this Congress.

Resolved, That the said commissioners shall be allowed a genteel
and generous compensation for their service, in proportion to the
fidelity and despatch witii which they shall execute this trust.

Resolved, That the Colonels of the continental troops shall
receive from the said commissioners such arms as they may collect,
as soon as they are fitted for use, and shall deliver them out to the
recruits; and as soon as their respective regiments are armed, the
surplus in tlieir liands to l)e delivered over to the Commissary of
Stores, hereafter to be appointed.

The committee appointed to take into consideration tlie defence-
less state of the sea coast of this Province, do report, and humbly
submit to the consideration of the Congress, tlie following as their
opinion, viz. That the sea coast from the Virginia line to Occacock
Lilet, as also the coast from Occacock to Bogue Inlet, and from that
Inlet to tlie Soutli Carolina line, is totally defenceless, and all tiie
sea banks covered with cattle, siiet'j) anil lings, and tlie few inhabi-

COLONIAL RECORDS. 527

tants living on the banks are cliiefly persons whose estates consist in
live stock, and exposed to the ravages of the small armed vessels and
tenders; and that if the armed vessels and tenders are jtrevented from
getting supiilies of fresh provisions from the sea coast, it will be impos-
sible for the war to be of long continuance in this Province, as the
seamen and soldiers will be afilicted with the scurvy and other
diseases, arising from the constant use of salt provisions, and there-
fore be under the necessity of quitting the coast, and by that means
save to the back inhabitants of this Province the very great trouble
and heavy expense of frequently coming down to the assistance of
their brethren on the sea board. •

Your committee further submit to the consideration of the Con-
gress the necessit}' there is of raising another regiment, and station-
ing six companies out of the same on the sea coast for its defence,
in the following manner, viz. Two companies from the ^"irginia
line to Occacock Inlet, two companies between Occacock Inlet and
Bogue Inlet, two companies between Bogue Inlet and the South
Carolina line; and that it be recommended to tllfe Continental Con-
gress to take the said regiment into Continental pay, first fully
assuring the Congress of the necessity of sach a measure.

Ordered, The said report lie for consideration till to-morrow.

Ordered, That IMr Hooper and Mr Penn be added to the com-
mittee of Secrecy, '^Var and Intelligence.

Mr Spicer, Mr Hunt and ?»Ir Tignal Jones have leave to absent
themselves for a few days.

Ordered, Tliat Mr Rochester, Mr Dickson, Mr Lawrence Baker,
Mr William Williams, Mr Thomas Harvey and Mr Benajah Doty,
be added to the committee of Claims and Military Accounts.

Ordered, That Mr Thomas Person, Mr Kinchen, Mr. Thomas
Jones, Mr AVhitmill Hill, Mr Lock, Mr Cumming, Mr William
Williams and Mr Thomas Benbury, be a committee to prepare
a number of resolves to expedite the business for emitting money.

The returning officer having certified that Mr Charles W. Jay-
cocks was duly elected a Delegate from the county of Bertie, pur-
suant to a resolve issued from this Congress the 10th instant, the
said Mr Jaycocks appeared and took his seat.

The Congress adjourned 'till to-morrow morning, nine o'clock.

528 COLONIAL RECORDS.

Saturday, April 20'\ 1776.
The Congress met according to adjournment.
The committee to draw up instructions and orders for the recruit-
ing officers, reported as follows:

1. They are to enlist none but able bodied men, fit for service,
capable of marching well, and such Avhose attachment to American
liberties they have no cause to suspect; young, hearty, robust men,
whose birth, family, connections and property bind them to the
interest of their country, and well practiced in the use of fire arms,
are much to be preferred.

2. They are Ss much as possible to have regard to moral char-
acter, particularly sobriety.

3. They are not to inlist any imported servant, nor, without the
leave of his master, any apprentice.

4. They are to be careful in inlisting such men for Serjeants and
Corporals, whose ability, activity and diligence make them fit for
that appointment; they are also to appoint a Fifer and Drummer.

5. They are to exert themselves to complete their companies, and
punctually to report to their Colonels.

6. That the soldiers be allowed Is. per day each for their sub-
sistence till they join their regiment.

7. They are to take notice that the Colonel of their battalion, or
some field officer appointed by him, are to inspect their men, and
to reject such as are not fit for service.

8. They are to furnish the subaltern officers of their companies
with a copy of their instructions.

9. They are to inlist their men according to the following form,
viz.

](T. " I iiave this day voluntarily' mlisted myself as a soldier in
the American Continental Army, and do bind myself to conform
in all instances to such rules and regulations as arc or shall be
establislied for the government of the said army; as witness my
hand," etc.

11. That they inlist no soldier under 5 feet 4 inches high, able
bodied men, healthy, strong made, and well limbed, not deaf, or
subject to fits, 01- ulcers on their legs, or ruptures.

i2. That they pay to each soldier they shall inlist 40s. bounty,
and £3 advance; and that everv recruit take the following oath:

COLONIAL RECORDS. ' 529

I do sAvear, tliat I will be faithl'ul and true tu the

United Colonies; tliat I will serve the same, to the utmost of my
power, in defence of the just rights of America, against all enemies
whatsoever; that I will to the utmost of m}' abilities, obey the law-
ful commands of my superior officers, agreeable to the Ordinances
of the Congress, and the Articles of War to which I have sub-
scribed ; and lay down my arms peaceably, when required so to do
by the Continental Congress. So help me God.

The House taking the same into consideration, concurred there-
with.

The committee ap[)ointed to settle and allow the pay of the Light
Horse heretofore in the service, and also the pa}" of those Light
Horse directed to be raised bv this Congress, reported as follows:

Your committee are of opinion that each Light Horse man
employed in the late expedition against the insurgents in this
Province, should be allowed 2s. 6d. for every day he served, and
that for every horse (where the public found forage) tlie owner
should be allowed 2s. and 2s. 6d. where forage was supplied by the
owner. That to every Captain in such service should be allowed
10s., Lieutenants 7s. 6d., and to every cornet 5s. per day. That 2s.
6d. for every day's service should be allowed to every Light Horse
man Avho shall hereafter enter into the regular service (exclusive of
the horse) and to every captain the same pay as a Major of Foot, to
ever}' Lieutenant the same pay as a Captain of Foot, and to every
Cornet the same, pay as a Lieutenant of the Foot.

The House taking the same into consideration, concurred there-
with.

Ordered, That Mr Abraham Sheppard, Mr "William John.ston, Mr
Samuel Spencer and Mr Thomas Wiggins, have leave of absence.

The order of the day being read for taking into consideration the
defenceless state of the sea coast,

Ordered, The same be deferred till ^londay next.

The Congress adjourned till Monday morning, nine o'clock.

^Monday, April 22^ 1770.

The Congress met according to adjournmeiit.

Resolved, That Major Peter Dauge and Mr Demsey Gregory be
appointed to take immediately into their pos.session all the negroes
belonging to the estates of Thomas Macknight, late of Currituck
VOL. X — 34

530 COLONIAL RECORDS.

county, and also of James Parker aud Robert Gilniore, and cause
them to be immediately brought to this place, that the said negroes
may be subject to the further order of this Congress.

On motion, Resolved, The Congress resolve itself into a committee
of the whole, to take into consideration the state and arrangement
of the militia in tiis Province.

The Congress resolved itself into a committee of the whole accord-
ingly, and chose John Campbell, Esq., Chairman; and after some
time spent therein, came to several resolutions. Then, on motion
Mr President resumed the Chair, and the Chairman reported as
follows :

Resolved, Thfit a Brigadier General of the militia be appointed
in each district of this Province.

Resolved, That Richard Caswell, Esq., be ap[iointed Brigadier
General of the militia for the district of Xewbern. John Ashe, Esq.,
for the district of Wilmington. Thomas Person, Esq., for the dis-
trict of Hillsborough. Griffith Rutherford, Esq., for the district of
Salisbury. Edward Vail, Esq., for the district of Edenton. Allen
Jones, Esq., for the district of Halifax. •

Resolved, That each of the Brigadier Generals shall take rank in
theii' respective districts.

Resolved, That the following [lersons be appointed field officers in
the respective counties, viz.:

Anson county — Charles Medlock, Colonel; David Love, Lieuten-
ant Colonel; William Picket, P' Major; George Davidson, '2'' Major.
.Beaufort — James Bonner, Colonel ; Thomas Bonner, Lieutenant
Colonel; William Brown, 1" Major; Plenry Bonner, 2'' Major.

Bertie — Thomas Whitmell, Colonel; Tiiomas Pugh, Lieutenant
Colonel; James Moore, 1" Major; Arthur Brown, 2'' Major.

Bladen — Thomas Robeson, Colonel; Thomas Brown, Lieutenant
Colonel ; Thomas Owen, P' Major; James Richardson, 2'' Major.

Bute — Thomas Eaton, Colonel; William Alston, Lieutenant
< olonel; Thomas Sherwood, 1" Major; Green Hill, 2'' Mupv.

Craven — John Bryan, Colonel; Lemuel Hatch, Lieutenmt
(olonel; John l^iyan, 1" Major; John Tilman, .'' Major.

Caiteret — William Thompson, Colonel; Solomon Shepherd, Lieu-
tenant Colonel; Tiiomas Siiadwick, P' Major; Malicha Bell, 2''
Ahijor.

Currituck — Ilollowell Williams, Colonel; Solomon IVikins,
Lieutrnant Colonel ; Taylor .lones, I" .Major; A.sael Sinunonds, 2''
Major.

COLONIAL RECORDS. 531

Cliowan — Thomas Bonner, Colonel ; James Blount, Lieutenant
Colonel; Thomas Benbury, 1" Major; Jacob Hunter, 2'' Major.

Cumberland — Alexander jM'Alister, Colonel; Ebenezer Fulsome,
Lieutenant Colonel; David Smith, 1^' Major; Philip Alston, 2'
Major.

Chatham — Ambrose Ramsay, Colonel; Jeduthan Harper, Lieu-
tenant Colonel ; Mial Scurlock, 1'' Major ; Matthew Jones, 2'' Major.

Duplin — James Kenan, Colonel; Thomas Routlidge, Lieutenant
Colonel ; James Moore, 1" ]^Iajor ; Robert Dickson, 2[ Major.

Dobbs — Abraham Sliepherd, Colonel; Martin Caswell, Lieuten-
ant Colonel ; William McKinnie, 1" Major ; James Glasgow, 2*
Major.

Edgecomb — Exum Lewis, Colonel; Simon Gray, Lieutenant
Colonel; Jonas Johnston, 1" Major; Thomas Hunter, 2' Major.

Granville — Joseph Taylor, Colonel; Charles Rust Eaton, Lieu-
tenant Colonel; Samuel Smith, 1" Major; Thornton Yancy, 2''
Major.

Guilford — -James Martin, Colonel ; Jolin Peasly, Lieutenant
Colonel; Thomas Owen, 1" Major; Thomas Blair, 2"* Major.

Hyde — Rotheas Latham, Colonel; Benjamin Parmele, Lieuten-
ant Colonel ; William Russell, 1" Major; Thomas Jones, 2* Major.

Hertford — Benjamin Wynns, Colonel; Matthias Brickell, Lieu-
tenant Colonel; Lawrence Baker, I'^Major; George Little, 2^ ]\Iajor.

Halifax — Willis Alston, Colonel ; David Sumner, Lieutenant
Colonel; .James Hogan, 1" Major; Samuel AVeldon, 2^ Major.

Johnston — William Bryan, Colonel; John Smith, Lieutenant
Colonel ; Samuel Smith, jun., 1" Major; .John Stevens, 2'' Major.

Mecklenburg — Adam Alexander, Colonel; John Pfifer, Lieuten-
ant Colonel; John Davidson, 1" Major; George Alexander, 2'' INIajor.

Martin — William Williams, Colonel ; Whitmel Hill, Lieutenant
Colonel; Thomas Wiggins, 1" Major; Kennith McKinzie, 2'^ Major.

New Hanover — William Purviance, Colonel; Anthony Ward,
Lieutenant Colonel; Henry Young, 1" Major; Thomas Bloodworth,
2'' ^Lajor. •

Northampton — William Eaton, Colonel; Jejitha Eatherton, Lieu-
tenant Colonel ; Howell Edmunds, 1" Major; Drury Gee, 2'* Major.

Onslow — William Cray, Colonel; Henry Rhodes, Lieutenant
Colonel; Thoma.s Johnston, P' Major; .James Howard, 2'' Major.

532 COLONIAL RECORDS.

Southern Regiment in Orange — John Butler, Colonel; Nathaniel
Rochester, Lieutenant Colonel; Robert Abercrombie, jun., 1°' Major;
Hugh Temren, 2'^ Major.

Northern Regiment in Orange — James Saunders, Colonel; Will-
iam Moore, Lieutenant Colonel; John Paine, 1" Major; Thomas
Harrison, 2'' IVLnjor.

Perquimons — Miles Harvey, Colonel; William Skmner, Lieuten-
ant Colonel; Thomas Harvey, 1" Major; Richard Clayton, 2^ Major.
First Regiment of Pasquotank — Thomas Boyd, Colonel; Spencer
Riplej', Lieutenant Colonel; Othneil Lascellcs, 1" Major; John'
Casey, 2^ Major.

Second Regiment of Pasquotank — Isaac Gregory, Colonel ; Dem-
sey Burges, Lieutenant Colonel; Joshua Campbell, 1" Major; Peter
Dauge, 2'' Major.

Pitt — John Simp)son, Colonel; Robert Salter, Lieutenant Colonel;
George Evans, P' Major; James Armstrong, 2^ Major.

First Regiment of Rowan — 'Francis Lock, Colonel ; Alexander
Dobbins, Lieutenant Colonel; James Brandon, T' Major; .James
Smith, 2^ Major.

Second Regiment of Rowan — Chri.stojiher Bcckman, Colonel;
Charles McDowell, Lieutenant Colonel; Hugh Brevard, First Major;
George Welfong, 2" Major.

Surry — Martin Armstrong, Colonel; Jo.sei)h ^\■illiams, Lieutenant
Colonel; Joseph Winston, P' Major; Jesse Walton, 2** Major.

Tyrrell — Clement Crook, Colonel; James Long, Lieutenant
Colonel; Joseph Spruill, jun., P' Major; Andrew Long, 2* Major.

Tryon — William Graham, Colonel; Thomas Beaty, Lieutenant
Colonel; Andrew Hampton, 1'' Major; Jacob Cosner, 2"' Major.

■\Vake — John Hinton, Ct)lonel; Theophilus Hunter, Lieutenant
Colonel; John Hinton, jun., 1'' Major; Thomas Ilines, 2'' Major.

Resolved, That the militia of the county of Orange be divided
into two equal Regiments, to wit: the Northern and Southern Regi-
ments; the Northern to inelmle all the etfective men on the nortli
side of a certain ea.st and west line lieretolbre run by the direction
of the County Court of Orange, and the Southern to include all
the effective men on the southern .side of the said line.

The House taking the said rrjiort into e(insideration, Cdiieurrcd
therewith.

The committee appointed to prepare a number of resolves to
expedite the business of striking money, came to the following reso-

COLONIAL RECORDS. 533

lutions, which they humbly submit to tlie consideration i f the Con-
gress, viz.,

Resolved, That the sum of 250,000 dollars shall be struck in bills
of credit, of the following numbers and denominations, viz.,

3,000 12J- dollars £ 15,000

10,000 7| do 30,000

10,000 5 do 20,000

20,000 2J do 20,000

20,000 1 do 8,000

20,000 I do -- 4,000

20,000 1 do 2,000

20,000 i do 1,000

£100,000

Resolved, That the form of the said bills be as follows, viz.,

North Carolina Currency.

Dollars, by authority of Congress, at Halifax, on the

2" day of April, 1776.

Resolved, That Mess. .John Kinchen, Thomas Benbur}^, Memucan
Hunt and .John .Johnston, or the survivoTS of them, be a committee
to get proper plates engraved, and to provide paper and number the
bills, and to agree with an engraver or engravers to stamp or print
the said bills, and to form devices for the same; and that they be,
and are hereby fully authorized to superintend the press, to have the
oversight and care of stamping or printing the bills of credit so to
be struck, and to deliver the same stitched to the commissioners
hereafter to be appointed to sign the said bills.

Resolved, That the .said commissioners shall use the best of their
care and diligence that the said bills, according to their respective
denominations, and according to the manner and form aforesaid,
be forthwith printed or struck; and that the number of any of the
denominations thereof be not exceeded, nor any clandestine or fraud-
ulent practice be used by the engraver or engravers, his or their
apprentices, servants, and others concerned in the printing or striking
thereof.

Resolved, That the engraver or engravers which the connuis-
si oners shall employ in the said work, before he or they enter upon

534 COLONIAL RECORDS.

the same, take before some Justice of the Peace, in the presence of
one or both of the said commissioners, the following oath, viz.,

"I, A. B., do swear that I will truly, faithfully and honestly per-
form the duty of engraver of the bills of credit directed to be
engraved by a resolve of the Congress of North Carolina, held at
the town of Halifax the second day of April, in the year of our
Lord 1770; and that I will not advisedly print, .stamp or strike a
greater number of blank bills of credit than in that resolve men-
tioned, nor of any other denomination than therein expressed,
except such sheets as may be so blotted, unfair or imperfect in the
printing or striking thereof that tlie same shall be unfit for use. So
help me God."

Resolved, That the said engraver or engravers, by himself or
themselves, his or their servant, apprentice, or any other person by
him or them employed, print, strike, stitch or bind the said bills, or
any of them, but in the presence of one or more of the said com-
missioners; and in every intermission of the work, the said commis-
sioners shall safely and securely lock up in some room the press,
plates and stamps with which the work shall be performed, and the
impressions which shall be then made, in which the printing, stamp-
ing and striking shall be done, and the keys of such room shall
keep in their possession ; and when all the said bills shall be printed
and struck, the plates shall be delivered by the said engraver or
engravers to the said commissioners, and by them to the commis-
sioners hereafter to be appointed to sign the said bills of credit.

Re-solved, That Col. William Haywood, Mr John Webb, Mr Will-
iam Williams, and Mr David Sumner be commissioners for the pur-
pose of signing the bills of credit; that all bills of one dollar and
under be signed by at least two of the said commissioners, and that all
the other bills be signed by four of the said comnii.s.sioners, and after
signing tliem, shall deliver the same to the Treasurers or one of
them, taking his or their receipt for the bills so delivered; and that
they be allowed the sum of 12s. jier thou.sand bills signed by each
for such services. And that the commissioners apjiointed to super-
intend tlie striking, stitching and binding of llic said l.iill-, be allowed-
the sum of 12s. per thousand bills so superintended each for such
services. And if any of the commissioners appointed as aforesaid
should die, remove out of the Province, or rcfu.se to act, the surviving
commissioners, or a majority of them, sliall appoint others, or
another, in the room of him or tliem so dying, removing or refusing;

COLONIAL RECORDS. 535

wliich commissioner or commissioners so appointed shall enter into
bond, and such commissioner shall before his entering into office
take the following oath, to-wit:

"I, A. B., do swear, upon the Holy Evangelists of Almighty God,
that I will, in consequence of the trust reposed in me by the Provin-
cial Congress of this Province, faithfully execute the same; that I
will not stamp, sign or emit, or knowingly suffer to be stamped,
signed (r emitted, more bills than such as liave been described by
the said Congress; and as soon as such bills are emitted, that the"
plates used in stamping the same shall be destroyed."

The House taking the same into consideration, concurred there-
with.

Resolved, That Lieutenant Edward A'ail, as soon as may be,
march the troops under his command to the Southward, in order to
join his Regiment; and that his conduct stands justified by this
•Congress in obeying the resolution of the committee of Edenton,
lately issued for his detention.

The Congress adjourned till to-morrow morning nine o'clock.

Tuesday, Aj.ril 23'\ 1776.

The Congress met according to adjournment.

Read the petition of a number of people stiling themselves mem-
bers of Christ's Church, setting forth they were for i-eligious scruples
bound by conscience again.st taking up arms; praying to be relieved
in the premises.

The House taking the .same into consideration, rejected the said
petition, nan. con.

Read the petition of Philip Alston, setting forth he had been
greatly i-jured by the Tories, particularly Yjy a certain Captain
Muse; praying relief.

Ordered, The said petition lie for consideration.

Resolved, That Mr I\latthew Locke, Mr .John Pilfer and Mr .Joseph
Williams, for the district of Salisbury; Mr James Jones, ]Mr .James
Saunders and Mr Samuel Smith, for the district of Hillsborough;
Mr Benjamin McCullocli and Mr AVilliam Johnston, for the district
of Halifax, be appointed commissioners to purchase tliirty-six geld-
ings and the like number of saddles and bridles, with accoutrements,
in each district; dark coloured horses, not under four, nor above
eight years old, nor under fourteen hands higli, sound, and strong

536 COLONIAL RECORDS.

made, and that the said commissioners do not exceed the sum of
£30 for each horse so purchased; that they be allowed for each horse,
with the accoutrements, the sum of 15s. for purchasing the same.

Resolved, That Mr. William Kennon be appointed Commissary to
the 1st Regiment in this Province, Robert Salter Commissary to the
2d Regiment, John "Webb Commissary to the 3d Regiment, Ransom
Southerland Commissary to the 4th Regiment, Peter Mallett Com-
missary to the 5th Regiment, and Thomas Plart Commissary to the
Gth Regiment.

Resolved, That every person who shall enlist himself as a Trooper
in tlie Light Horse, shall be allowed three pounds advance.

The committee for taking into consideration the most practicable
and expeditious method of supplying the Province with arms,
ammunition, warlike stores and sulphur, and also the expediencj' of
erecting works for the making of saltpetre, gunpowder and purifying
sulphur, laid the same before the House.

On motion. Resolved, The House resolve itself into a committee
of the whole, to take under consideration the same. The House
resolved itself into a committee of the whole accordingly, and chose
John Campbell, Esq., Chairman; and after some time spent thereiif,
came to several resolutions. Then, on motion, J\lr President resumed
the Chair, and j\Ir Chairman reported that the committee had come
to several resolutions, but not having time to reduce them to form,
desired leave to sit again.

R&solved, The said Committee have leave to sit again to-moiTow.

Ordered, Tliat Mr Ralph Gorrell, Mr Solomon Perkins, Mr John
Penn, and Mr William Thompson have leave to absent themselves
for a few days from the service of the Congress.

The Congress adjourned till to-morrow morning, nine o'clock.

Wednesday, April '24'", ITTG.

The Congress met according to adjournment.

Mr Rotheas Latham, one of the members for the County of Llyde,
appeared, subscribed the Test, and took his seat accordingly.

On motion, Resolved, The Llouse resolve itself into a committee
of the whole House, for taking under further consideration the report
of the committee to consider the most practicable and expeditious
method of supplying the Province with arms, ammunition, warlike
.stores and .-sulphur; and also the exped-ency of erecting works for
making saltpetre, gunpowder and jiurifying .sulphur, &c.

COLONIAL RECORDS. 537

The House resolved itself into a committee of the whole accord-
ingly, John Campbell, Esq., in the Chair; and alter some time spent
therein, came to sundry resolutions.

On motion, Mr President resumed the Chair, and Mr Chairman
reported as follows, to wit :

Your committee beg leave to report, that it is their opinion that
Mr Eaton Haynes, Mr John Geddy, Mr David Jeffers, and Mr Henry
Mason, be emploj'ed to proceed, at the expense of this Province, to
Warwick and Petersburg, in the Province of "\"irginia, and there to

consult with Rubsamer, and observe the process by him made

use of in manufacturing saltpetre, and obtain from him instructions
and information how the process maj^ be most beneficially con-
ducted in this Province; and after having themselves made the
experiment successfully in the presence of the said Rubsamer,*and
having obtained a certificate from him of that fact, to return to this
Province; and th;,t they be impowered to promise, in behalf of this
Colony, that they will make the said Rubsamer a handsome gratuity
for the extraordinary trouble he may take to further the purposes of
the said commissioners.

It is further the opinion of this committee, that buildings be
erected, and all the materials, implements, and utensils, necessary
for the manufacturing saltpetre, be procured, and that a manufac-
torj' be established in the county of Halifax, which shall be under
the suijerintendence, direction and management of the said commis-
sioners: and that the said commissioners shall have power to draw'
upon the Treasury of this Province for a sum of money, not exceed-
ing £000 to be applied to pay the expence of providing .such works
and materials as shall be necessary for the above purpose, and that
they employ under them such labourers and assistants as may be
necessary to conduct the process most expeditiously and beneficially-
and that the said commissioners shall be allowed the sum of Is. for
every pound of saltpetre wdiich they shall make and deliver within
two 3'ears into the hands of the commissioners hereafter appointed
to receive the same, for the benefit of the public ; and that the said
commissioners shall give bond, in the sum of £1200 to the President
of this Congress, for the due and faithful discharge of the trust
reposed in them, and for the due application of the said monies
which may be paid them out of the Treasury.

It is further the opinion of this committee, that a powder mill be
erected in the county of Halifax, and that Wylie .Jones, Benjaujin

538 COLONIAL RECORDS.

McCulIoch and Josiali Sumner, Esqrs., be appointed to erect the
same, and prepare all utensils, implements and materials, for the
manufacturing gunpowder; and that they receive from the directors
of the saltpetre manufactory such quantities of saltpetre, from time
to time, as they shall have made, prepared and refined for use, and
also shall use their best endeavours to i^rocure sulphur wherever it
may be found, and to purify such of it as may be crude and unfit
for present use. And that the said ^^"ylie Jones, Benjamin McCul-
Ioch and Josiah Sumner be impowered to draw upon tlie Colony
Treasurers for a sum of money, not exceeding £500 to disburse the
expence of constructing such Avorks, jiroviding such articles as shall
be necessary to carry on the said works; and that they give bond
for the due application of tlie said monies, and the faithful discharge
of the trust reposed in them, and that the said bonds be to the Presi-
dent of the Congress, and his successors, in the penal sum of £1000
and that the said directors of the powder mill shall be allowed the
sum of Is. for every pound of gunpowder, manufactured b}' them,
and delivered within two years into the hands of persons hereafter
to be appointed by this Congress to receive the same, for tlie public
use.

It is the further opinion of tliis committee, that works be eslab-
lished in the Province of North Carolina for the purpose of making
common salt, and that Waightstill Avery, William Thompson,
liichanl ])lackledge and Rol)crt ^^'illiams be commissioners to erect
works necessary for that purpose, and to carry on the process, and
obtain all possible information relative to the same; and that they
be impower<3d to draw upon the Treasury for a sun:, not exceeding
£2000 to pay the expenses of erecting such works, and providing
all materials, implements and utensils proper to be made use of;
and that sucli wuVks be fixed in such part of the Sea coast where
they will be best secured from the annoyance of the enemy, and
tend to furnish the Colony with the greatest quantity of that neces-
sary article; and that the said directors give bond, with sufficient
security, for the faithful discharge of the trust re2)0sed in t!iem, and
the due ajiplication of all such monies whiclr may be advanced
thom ; and tliat over and above their rcasonal)le expenses, be allowed
the sum of 4d. (for the s}>ace of two years from the last day of
August next) for every bushel of salt manufactured by them, and
delivered to such {jcrsons as sliall be directed to receive the .same,
for the public u.se; and tliat the said commissioners, after fixing

COLONIAL RECORDS. 539

upon a proper [dace on the Sea coast for the manufacturuig of com-
mon sah, do purchase the same of the proprietor or proprietors
thereof, for and in behalf of the pubHc of this Province, upon tlie
most reasonable terms, and give a draft for the same on either of
the Treasurers of this Province, wiio shall be allowed the same in
the settlement of his accounts with the public; and that the convey-
ance for the same shall be tn.ken in the name of the President and
his successors of this Congress, for and in behalf of this I'rovince,
and that said conveyance shall be taken in fee simple.

It is further the opinion of this committee, that John Devane,
Richard Herring and James White, in the district of Wilmington;
John Cowper, James Coor and Jnmes Glasgow, in the district of
Newbern; Luke Sumner, William Hunter and Jacob Hunter, in
the district of Edenton; Joseph John Williams, Christopher Dudley
and James Ransom, in the district of Halifax; W^illiam Johnston,
Thomas Burke and Ambrose Ramsey, in the district of Hills-
borough; James McCoy, David Nisbit and William Alexander, in
the district of Salisbury, be impowered immediately to direct the
establishing of public manufactories in their respective districts, of
good and sufficient muskets and bayonets, .of the follovv'ing descrip-
tion, to wit: Each firelock to be made of | of an inch bore, and of
a good substance at the breach, the barrel to be 3 feet S inches in
length, a good lock, the bayonet to be 18 inches in tlie blade, with
a steel ramrod, the upper en 1 of the upper loop to be trumpet
mouthed; and that for that purpose tliey collect from the different
parts of their respective districts all gunsmiths, and other mechanicks,
who have been accustomed, to make, or assist in making muskets, or
who may in their ojiinion be useful in carrying on such manu-
factory, and that they be together employed in the respective dis-
tricts manufactory so establislied ; and that they be furnislied, at
the expense of this Colony, with tools, implements and utensils, and
materials for carrying on the said work; and that the said com-
missioners respectively shall contract with the mechanicks in such
manner as they may think proper, provided that for each gun and
bayonet compleat the public shall not pay a sum exceeding £5 and
that the said commissioners in each district shall have liberty to
draw upon the Treasury for a sum of money, not exceeding £1000
for each district, to be expended in erecting such manufactories,
procuring tools, implements and materials,and jiayingthe mechanicks
employed for their I'espective services; and that the .said commis-

540 COLONIAL RECORDS.

sinners shall give bond to the President and his successors, with
sufficient security, for the faithful discharge of their trust, and that
they will justly account for all sums of money which may be'
intrusted to them for the purposes aforesaid; aiid that the said com-
missioners shall deliver to such person or persons as shall be
impowered by this Congress to receive the same, all such muskets
and bayonets as shall be compleat for use.

Your committee further report, that as to the contents of a letter
from Henry Gitibrd to General Moore, referred to this committee,
they are of opinion that Mr Thomas Person, j\Ir INIartin Pfifer and
Mr A]nbrose Ramsay be impowered and directed immediately to
repair to .John Wilcox's furnace and iron works on Deep River, and
to. agree with the said John Wilcox, ih behalf of this Province, on
the lowest terms they can, for the hire of the said furnace and iron
works for the space of two years, or to purchase and repair the iron
works in Guilford county, for casting pieces of ordnance, shot, and
other warlike implements, for the use of this Province, of such sizes
and denominations as the commanding officer of the troops shall
from time to time direct; and that said commissioners agree with
some i)ersun or persons, and direct the said work, and collect from
the different parts of the adjacent country persons skilled in putting
the said furnace in proper plight, and working at the .same; and
likewise horses, waggons, carts, bari'ows, together with all conve-
niences for smelting of metal, and wood cutters, colliers, and all
other workers necessary for carrying on the work of the said furnace,
and employ them for the purpose aforesaid; and that the said com-
missioners procure, at the expence of this Colony, all such pro-
visions, tools, furniture and materials, as shall be found necessary
for compleating the .said purpose; and that for discharging the
expence thereof, the said commissioners be impowered to draw on
the Colony Treasurers, or either of them, for any sum, not exceed-
ing £.5000 and that they give bond to the President of this Con-
gress, for and in the name of this Province, in the penal sum of
£10,000 for tlie due application of and accounting for the money
they shall so draw for the purpose aforesaid, and the faithful dis-
cliarge of the trust re})0sed in them.

And as by the above resolves several sets of commissioners have
been appointed to superintend and carry into execution the several
purposes and manufactories mentioned therein, and as several com-

COLONIAL RECORDS. 541

missioners therein mentioned may remove out of the Province, die,
or decline; it is therefore

Resolved, That where any of the said commissioners may remove
himself out of this Province, die, or decline to act, in every such
case, the survivor or survivors of such set of commissioners where
such an incident may happen, shall have full power to nominate
and appoint a person, whom they shall conceive a proper person, to
fill up such deficiency, who shall enter into bond as is above
directed.

The House taking the said report into consideration, amended the
same, and concurred therewith.

Ordered, Mr Grffith Rutherford, Mr Thomas Person and Mr Allen
Jon'es be a committee to consider the petition of a number of per-
sons in Guilford county, against Col. James Martin and Alexander
Hunter, and make report thereon.

Ordered, INIr .James White, Mr Lawrence Baker and Mv Rotheas
Latham have leave of absence.

Resolved, That General Rutherford, John Rand, John Cowper
and James Saunders be a committee to report the most practicable
and expeditious method of procuring and purifying sulphur for the
use of the powder mill directed to be erected in this Province.

The Congress adjourned till to-morrow morning nine o'clock.

Tliursday, April 25'\ 1776.

The Congress met according to adjournment.

Ordered, That Mr B'urges, Mr John Johnston and Mr Cowper
have leave of absence a few days.

Resolved, That Charles Robb, Thomas Douglass and Thomas
Mander, lately taken at Ocacock on board of a Tender, be admitted
to their parole, they having signed a declaration for 'that purpose.

The committee appointed to examine and consider the petition of
a number of persons in Guilford county, against Col. James Martin
and Alexander Hunter, reported as follows, viz :

That about tlie ■23d of Februarj' Capt. Alexander Hunter, con-
trary to orders, openh' deserted at the head of his company from the
army encamped at the Cross Road.s, in Guilford county, and hatli
otherways behaved himself in a tj-rannical and lawless manner to
the men under his command. xVnd as to Col. James Martin, your
committee report, that the said Tieut. Col. James Martin, contrary
to law, hath issued his warrant to an officer to tie several of his men,

542 COLONIAL RECORDS.

and to levy on their estates the sum oi' £10 and costs, without hear-
ing any excuse, or admitting them to a trial l)y a Court Martial.

The House taking the same into consideration,

Resolved, That the said Capt Alexander Hunter and Lieut. Col.
James INIartin be suspended from their coinmand, until tlieir conduct
can be enquired into by a Court Martial; and that the goods or
efiects of all j)cr.sons levied on by the above officers be immediately
restored.

Ordered, That Mr Harnett, Mr Thomas .Jones and Mr William
Skinner l)e a committee to settle the salvage of such vessels as are
lately taken, which the captors may be entitled to.

Resolved, That Eaton Haynes, Esq., be appointed an agent for
this Province to pi'oceed to Philadelphia, and to take such measures,
and give such order.s, as he may think most expedient, to conduct
the prisoners to the several places destined for th.em by this Congress
with the greatest safety and expedition possible; that he supj^l}- the
prisoners and guard with j^rovisions and other articles which may
be necessary for them upon their route; ami be impowered, in
behalf of this Province, to drav/ upon the Con inental Treasury for
such sums as he shall necessarily expend for the above purpo.ses,
and that such draught be seasonabW made known to Joseph Hewes,
Esq., delegate of this Province in the Continental Congress, by let-
ters of advice to be addressed to him.

Ordered, That Mr Xeedham Bryan have leave to absent himself
from the service of this Congress.

( )n motion, Re-olved, That the temporary Civil Constitution be
taken under consideration to-morrow morning.

Read the petition of sundry' pilot-!, and other inhaljitants of Occa-
cock, praying a* condemnation on the Tender called the LiUn, willi
her tackle, furniture and cargo, together with the Negroes belonging
to her.

Resolved, That a special Coui't of Admiralty be appointed lo try
the Tender slooj) tlie LUhj and cargo, and that for this purpose
Richard Cogdell, Esip, be api)ointed Judge of the said couVt, John
Cook, Esc]., Advocate, and Thomas Sitgreaves, Esq., Register and
Mar.Jial; and that in case of condemnation, the [roceeds of the
sales, after defraying the reasonable charges of condeiunation, be
divided between the captors.

The Congress adjourned till to-morrow morning, nine o'clock.

COLONIAL RECORDS. r,4;^

Friday, April ■26'^ 177G.

The Congress met according to adjournment. •*

Resolved, That Mr President be impowered to liorrow monies on
the credit of this Province, and tliat the faith of this Province be
pledged for the repayment thereof, with interest thereon.

Resolved, That the several persons in this Province impowered to
purchase provisions for the use of the public, be required to lay their
accounts befi)ro the Congress.

Mr Benjamin Parmale, one of the delegates for the county of
Hyde, and Mr Jeduthan Harper, one of the members for the county
of Chatham, appeared, subscribecl the Test, and took their seats in
Congress.

Resolved, That each of tlie commissaries appointed in this Prov-
ince, before the enter upon that office, enter into bond, with sufficient
security, in the sum of £10,000 to the President of this Congress,
for the faitliful discharge of such office.

Resolved, Th^t General Person, General Rutherford, General
•Jones, Wx Burke, INIr Locke, Mr Coor and Mr Miles •Harvey be a
committee to consider that part of General Moore's letter with respect
to the requisition of the militia, and report to this House.

Resolved, That 2000 wt. of gunpowder be immediateh' dispatched
from this place to Brigadier General Moore.

Ordered, That Mr James S amders, Mr Duncan Laraon, .\Ir Han-
cock, Mr Battle, Mr Southerland, Mr Benburry and Nisbit be added
to the committee of Claims, and that nine or more of them may
proceed upon business.

Resolved, That Col. William Williams send to Tarborougli 400
wt. of shot in his possession belonging to the pub ic, and that he
deliver the same to Col. Lnvin of that place.

The Congress adjourned till to-morrow morning nine o'chK'k.

S.iturday, April 27^'', 1770.

The Congress nift according to adjournment.

Ordered, Tliat Capt. Dickerson be added to the commissioners for
purcluLsing light hor.se in the district of Hillsborough.

Ordered, That Mr John Hollingsworth have leave of aljsence from
this Congress.

Resolved, 'I hat all recruits shall be enlisted for the term of two
years and si.\ months from the time of such enlistment, but mav be

544 COLONIAL RECORDS.

dismissed sooner, in case the Continental Congress shall judge it
necessarj'; and if the said troops shall be discharged before the
expiration of that term, they shall be paid one month's wages.

Resolved, That Mv President give the thanks of this Congress to
Brigadier General Howe, for his manly, generous and warlike con-
duct, in these nnhappy times; more especially for the reputation
which our Provincial troops acquired under him at the conflagration
of Norfolk.

Resolved, That this Congress do publish a Declaration, testifying
that they have been under a necessity to remove the prisoners who
have been concerned in the late insurrection to other Provinces,
from a regard to the public safety; and because while such men
continued amongst us, much was to be appi'ehended from their'per-
sonal and family influence of those persons disposed to exert it to
the prejudice of this country, and delude those ignorant, wicked and
unwary into measures that might endanger the future happiness of
this Colony. That the unhapp}^ families and connections of those
whom we have in our power be assured, that everj- indulgence
M'hich humanity and compassion can give, con,sistent with the dut\'
which we owe to the inhabitants of these Colonies, engaged in a con-
tention for the rights of America and of mankind, shall be extended
to those whjm we have in our power; but that much will depend
upon the .future good behaviour of those who still remain in the
Province, as to the mode of treatment wliich our prisoners shall
experience, and their being suflered to return to their respective
habitations, families and friends when jieace is restored to us; and
that this Declaration be translated into P]rse. '

Resolved, That the committee of Secrecy, AVar and Intelligence
be impowered to remove all such persons (not exceeding the num-
ber of 40) with their families, as they shall deem capable of influ-
encing the late insurgents to take arms against America, from their
present neighl.>ourhood into such places as tlu'v sliall judge most
safe and convenient ; and that certain persons, who shall be here-
after appointed in every county whither such jiersons and families
shall be removed, Ijc required to take sjjccial care that sui-h persons
shall not be suffered to want any of the necessaries of H'fe, until it
shall be in their pt)wer to })rocure the same by tlicir own industry
and property; and. all supplies which shall at anytime be fur-
nished by the several i)ersons so re(|uir(,'d, shall be paid for ]>y this
Colony. Provided, tliat every such [)crson as shall be so lemovinl

COLONIAL RECORDS. 545

sliall be allowed his election either to take with him his family or
not; and also that all such jiersons shall be allowed to make such
disposition as they shall think proper of their estates and [)roperties.

Ordered, That Thomas Rutherford be permitted to take with him
his horse and Ntgro man, and tliat Farquard Campbell be likewise
permitted to take with him his- horse, and that Mr McNeill carry
the same to them.

Pursuant to a resolution of this House, the returning officer cer-
tified that Col. Richard Caswell, Mr Simon Bright and Mr George
Miller were duly elected delegates for the county of Dobbs ; who
appeared, subscribed the Test, and took their seats in Congress.

The order of the day being read,

Resolved, The House resolve itself into a committee of the whole
House, to take into consideration certain resolutions proposed as a
foundation for a temporary civil Constitution. The House resolved
itself into a committee of the whole House accordingly, and chose
William Ctimming, Esq., Chairman; and after some time spent
therein, Mr President resumed tlie Chair, and Mr Chairman reported
the several resolutions. The House taking the same into considera-
tion, Ordered, The same be laid over till Monday next.

Brigadier Ashe has leave of absence, and Mr Day Ridley has leave
of absence till .Monday.

Resolved, That Christopher Neale be impowered to take to his
assistance five sufficient persons to carry under guard .John Good-
rich and George Blair, prisoners now in Halifax, to Suffolk in Vir-
ginia.

Resolved, That Mr ( hristojiher Neale be allowed the sum of £20
for carrying under guard to Suffolk iii A^irginia John Goodrich and
George Blair, and tliat the Treasurers, or either of them, pay him
the same, and be allowed in their accounts with the public.

The committee appointed to take into consideration the requisi-
tion of reinforcement of the militia made by Brigadier General
Moore, reported their opinion.

Ordered, The same lie on the table.

The Congress adjourned till Monday mornings nine o'clock.

Monday, April 29^ 1776.

The Congress met according to adjournment.
Read the petition of Phili[) Alston, sotting forth the loss of a horse,
mare and gun, by the Insurgents; praying relief.
, VOL. X — 35

G46 COLONIAL RECORDS.

Ordered, To lie on the table.

Read the report of the committee for taking nnder consideration
the petition of the executors of John Callaway, deceased.

Ordered, The same lie for consideration.

Read the petition of the committee of Guilford county, requiring
some reward for attending committee, sitting, and disarming the
Tories, &c. Rejected ncm. con.

Resolved, Tiiat Mr Hooper, Mr Thomas Jones, Mr Samuel Ashe,
Mr Penn, IMr Kinchen, Mr Caswell, Mr Person and Mr Harnett be
a connnittee to consider and report the business necessary to be car-
ried into execution this present Congress.

Resolved, That five independent companies be immediately raised
in this Province, to consist of 1 Cap'.ain, 2 Lieutenants, 1 Ensign, 4
Serjeants, 4 Corporals, 2 Drummers, 1 Filer, and 68 rank and file,
and that the said companies be stationed at the following places,
to wit: One company between Currituck and Roanoke Inlet, one
comi)any at Occacock Inlet, one company between Occacock and
White Oak Inlet, one company between Bogue Inlet and Xew River
Inlet, and one company between New River and Deep Inlet inclu-
sive. .And that the officers and soldiers of said companies shall be
allowed the same pay and rations as officers and soldiers on the Con-
tinental e.stablisliment, and subject only to the controul of this or
any future Congress, or to any executive power, acting in the recess
of the same, to remove^r disband them.

Resolved, That the following persons be appointed Captains, Lieu-
tenants and Ensigns, to the independent companies directed to be
raised viz.: James Anderson, Captain ; Benjamin Bonner,! Lieuten-
ant; James Wahob, 2 Lieutenajit, and John Brag, Ensign, of tlie
company at Occacock Inlet. Dennis Dauge, Captain ; John Jarvis,
1 Lieut.; Legrand Whitehall, 2 Lieut., and Butler Cowall, Ensign, of
the company between Currituck and Roanoke Inlet. Jolni King,
Captain; Edward Ward, 1 Lieut.; Peter McLammy 2 Lieut., and
James Boston, Ensign, of the company between New River and
Deep Inlet. Enoch Ward, Captain; Reuben Benthel, 1 Lieut.; Ben-
jamin Chainey, 2 Lieut., and Charles Dennis, Ensign, of the conip.any
between Occacock and White Oak Inlets. Silby Ilaraey, Captain ;
Josepli Walker, 1 Lit'ut.; Adam Gaskin, 2 Lieut., and .himes Will-
iams, Ensign, of the company between Bogue Inlet and New River.

And that the following persons be appointed Commissaries to the
said companies: Jo\)n Cooper, Escp, Commissary to the companies

COLONIAL RECORDS. 547

stationed at Occacock Inlet, and between Occacock and White Oak
Inlet. Samuel Jarvis, Esq., Commissary to the compan}^ between
Currituck and Roanoke Inlets. Mr Hull Doty, Commissary to the
company between New River and Deep Inlet.

Resolved, That the companies stationed on the Sea coatit may be
farther encouraged to exert themselves in taking armed vessels, and
others which may be taken by the enemies shif s of "war and armed
tenders, such as they take as prizes, may be adjudged to the captors^
after the charges of condemnation ; except vessels owned by Ameri-
cans, and friends to Continental associations, &c., for whicli the
captors shall have salvage.

Mr Hawkins has leave of absence from the Congress.

The order of the day being read for taking into consideration
certain resolutions proposed as a foundation for a temporary civil
Constitution —

Ordered, The same be deferred till to-morrow morning.

Pursuant to a former resolution, the following Declaration was
laid before this Congress, and approved :

DECLARATION.

Impelled by a regard to our own safety, and the preservation of
those rights and privileges which God and the Constitution have
made unalienably ours, and which the power of Great Britain, with
unremitting vengeance, injustice and cruelty, is labouring to sub-
vert, we have been induced to measures which it is the object of this
Declaration to explain to those wlio may be interested in them, or
tlieir consequences.

To other Provinces, at a distance from their own places of resi-
dence, without that circle where their personal and family influence
may be exerted to the prejudice of the Continent, and of this Prov-
ince in particular, we have deemed it absolutely necessary for the
]>ublic safety to remove a body of men, whose residence fortune had
cast in the ver}- bowels of our country, and who, in common with
ourselves, have shared the blessings which a mild and liberal pro-
vincial system of laws, a benign climate, an increasing trade, that
poured riches into the lar. of our honest industry, the countenance
and protection of their honest neighbours lield forth to them with
the most liberal hand: this misguided peojde, disregarding the duty
which they owe to that country, under the just and equal laws of

548 COLONIAL RECOEDS.

whicli they liave enjoyed protection, procured ample means of sub-
sistence for themselves and their families, and possessed of a consider-
able property amongst us, were equally bound, by every tie divine
and human, to defend and maintain the cause of liberty, which in
common \fith ourselves, all virtuous men on this Continent, at the
hazard of every thing dear to them, are labouring at this day to
defend. Those men, confederating with our unnatural enemies, and
taking advantage of their residence amongst us, and that confidence
which such a relation necessarily created, liave raised their hands
against us, and endeavoured to imbrue them in the best blood of
our fellow citizens. God in his Providence hath hitherto defeated
their wicked machinations, and after their having experienced a
shameful defeat, hath put into our possession many of tlie principals
of them, who from the wickedness of their own hearts, and from the
seduction of others, meant to have consigned this once flourishing
colony to the most abject slavery and opjiression.

Those people, though subdued, still retain principles inimical to
us; and are prompt, as soon as they shall be favoured by their situa-
tion, or the assistance of troops, expected every day to invade this
colony, with a probability of succeeding, to attempt to carry their
wishes into execution, and co-operating witli a merciless administra-
tion, drench this Province in blood and slaughter.

These have been our motives for exercising a severity, which
regard to the common safety, and that first jirinciple of nature, self-
preservation, prompted. .Justice demanded it at our hands, and in
the anguish of our hearts, we lament the sad necessity which the
frailties of our fellow beings have allotted to our share; still we wish
the reformation of those who in this unhapi)y contest are severed
from us, an<l from those endearing ties which nature and social con-
.nections have formed for them, and who still remain amongst us to
lament the folly and wickedness of those whom we have removed
from amongst them. To these we administer this consolation, that
they may re.st a.s,sured that no wanton acts of cruelty, no severity,
shall be exercised to the prisoners; no restraints shall be imposed
upon them, but what .shall be necessary to prevent their using their
liberty to the injury of the friends of America.

We have their security in contemplation not to make them mis-
erable. In our jiower, their errors claim our pity, their situation
disarms our resentment. We sliall hail their reformation with
increasing pleasure, and receive tliein to us with open arms. Then

COLONIAL RECORDS. 549

sincere contrition and repentance shall atone for their past conduct.
Members of the same political body with ourselves, we feel the con-
vulsion which such a severance occasions; and shall bless the day
which shall restore them to us friends to liberty, to the cause of
America, Uie cause of God and mankind.

We war not with the helpless females which they left behind them;
we sympathize in their sorrow, and wish to pour the balm of pity
into the wounds which a separation iVom husbands, fathers, aiid the
dearest relations, have made. They are the rightful pensioners upon
the charity and bounty of those who have aught to spare from their
own necessities to the relief of their indigent fellow creatures; to
such we recommend them.

Maj' the humanity and compassion which mark the cause we are
engaged in, influence them to such a conduct as may call forth our
utmost tenderness to their friends whom we have in our [)ower.
Much depends upon the future demeanor of the friends of the insur-
gents who are left among us, as to the treatment our prisoners may
experience. Le^ them consider them as hostages for their own good
behaviour; and by their own merits make kind offices to their
friends a tribute of duty as well as hulnanity from us who have
them in our power.

The Congress adjourned till to-morrow morning nine o'clock.

Tuesday, April 30*, 1776.

The Congress met according to adjournment.

The committee appointed to settle the salvage of such vessels as
were lately taken, and what the captors ma}' be entitled to, reported
as follows, viz.

That it appears to your committee, that a certain schooner called
the Polly, of which one Silas Henry is now master, was bound on a
voyage from Edenton, in this Province, to the Island of Madeira,
loaded with Indian corn, staves and heading, and that the said
schooner had proceeded to the Swa.sh, near Occacock Island, on her
way to the said Island of Madeira; and that on Sunday the 14th of
this instant (April) about four o'clock in the afternoon of the same
day, an armed sloop called the LUhj, commanded by a certain -lohn
Goodrich, a tender fitted out l)y Lord Dunmore for the purpose of
taking all the vessels at Occacock bar : that the said John Goodrich
hailed the schooner Polhj, and ordered the master to come on board

550 COLONIAL RECORDS.

the said tender, and bring his papei::i; that Silas Henry, the master,
and James Buchanan, one half owner of the schooner Polhj and her
cargo, went on boaj'd the tender Lilly, and delivered the papers to
Capt. John Goodrich, v.ho received and examined the same, and who
told Mr James Buchanan that the schooner was a prize, and kept
the papers; and that Lieutenant John Wright, master of the armed
sloop Fincadle, came over Occacock bar the evening of the said
14th dtiy of this instant (April) and about 8 o'clock the same even-
ing a boat with armed men sent from the Fincastle boarded the
schooner Polly, and plundered the said schooner of all the live
stock, disarmed the men, and left a prize master and four armed
men on board the schooner Polly, who remained there for the term
of 58 or 59 hours; and that on the 17th of this instant (April) a
number of armed men, in 5 whale boats, boarded the tender com-
manded by John Goodrich, took her and retook the schooner Polly,
. and carried the tender and schooner up to NeAvbern. Your committee
therefore humbly submit to the consideration of thcCongress the fol-
lowing as their opinion : That the captors are intitled, by a resolve of
the Continental Congress of the Soth of November last, to one third
part of the schooner Polly and her cargo, in lieu of salvage; and
that the said vessel and cargo, consisting of Indian coi-n, staves and
heading, should be sold at public auction, first giving thirty days
i:iublic notice; and that after the sale thereof, and all necessary
chai'ges deducted, the distribution there^yf shall be made as follow-
eth, viz. One third part to the ca})tors, and the other two thirds to
Mess. James Buchanan and Arcliibald Campltell, who appear to
your committee to have owned the said schooner Polly and her cargo.

The House taking the said report into consideration, concurred
therewith.

Resolved, That Thomas Sitgreaves be appointed to sell at pub-
lic auction, for ready money, the schooner Polly and her cargo, first
giving 30 days notice in the CaroUaa Gazette; and that distribution
of the monej^ arising from the sale thereof (after deducting all ncc-
es.safy charges) be made in the foHowing manner, viz. One third
part thereof to the captors, in lieu of salvage; and the other two
thirds to Mess. James Buchanan and Archibald Camjibell, who
appear to have owned the said schooner Polly and her cargo.

Resolved, That Joseph Hughs, late of Rowan countj', have a
safe conduct to come and reside in tlie county of Mecklenburg, with
such of his family and property a^ lie shall ti)ink proper to remove

COLONIAL RECORDS. 551

he giving security to behave himself well, and not to give assistance
or council, directly or indirectly, to the enemies of America.

Resolved, That Mr George IMiller, Mr Currie and jNIr Campbell
be a committee to examine the property of .John Hamilton and Co.
in a vessel called the WllUam, and her cargo, ordered to be seized at
Newbern, and juake report thereon.

Ordered, That Mr Samuel Ashe and i\Ir (?aswell be added to t!ie
committee to report the most practicable and expeditions method
of procuring and purifying sulphur for tlie use of the powder mill
directed to be erected in this Province, and also the method of sup-
plying the same with lead, and the mode of purifying the same.

The committee for taking under consideration such petitions as
may be exhibited bj' persons who shall appear objects of charity,
reported that they had taken in consideration the petition of Robert
Willis, viz.

It appears to j-our committee that the said Robert Willis is a
Serjeant in Capt. Armstrong's company of the Continental Army in
this Province; that in the late expedition to Ninety Six, in South
Carolina, he took cold by the inclemency of the season, whereby he
hath been reduced to a very weak and languishing state of health,
and that the said Robert Willis is very poor and indigent. Your
committee therefore recommend him as an object of public
charity, and are of opinion that, during his present inlirmity, he
ought to be allowed from this Province for his support at the rate of
£20 a year, to be paid quarterly, in lieu of his pay.

And as to the case of one William Wommock, referred to this
committee, it appears to your committee that the said William
Wommock was a Sergeant in the Orange militia in the late expe-
dition against the Tories; that on his march he was unfortunately
shot with a bullet throngli one of liis feet, and thereby rendered
unfit for that service; that it does no't appear to your committee
that he is at present in a state of poverty and want, nor does it appear
to your committee whether his wound be likely to be cured or not, or
what expences have been incurred to effect his cure. Your committee
therefore recommend that proper persons be a])pointed to inspect
the said AMlliam Wommock, and to make report to the Congress.

The House considering the same, concurred therewith.

Ordered, That Mr Simpson and Mr .James Saunders be appointed
to examiue into the circumstances of the said AVilliam Wommock,
and report to tlie next Congress accordingly.

552 COLONIAL RECORDS.

Ordered, That Mr Hooper, Mr Burke and Mr Dickson, have leave
of absence; and that ]\Ir Harnett has leave of absence the day
after to-morrow.

Resolved, Tliat Mr Burke, Mr Samuel Ashe, Mr Caswell, Mr
Hooper, Mr Penn, j\Ir Nash, Mr Kinchen, Mr Thomas Jones, and
Mr Coor, be a committee to form a temporary form of government
until the end of the next Congress.

Resolved, That Capt, Dennison be allowed £10 as a

gratuity for his care, vigilance, and tlie hazard he run, in perform-
ing a voyage from Newbern to the French AVest Indies, and back
again, to procure ammunition for this Province; that the Treas-
urers, or either of them, pay him the same, aiid be allowed in their
accounts.

The Committee to form an estimate of the expence for supporting
the troops to be raised for one year, reported that the expence of one
regiment for 12 montlis would .amount to £50,000.

The committee for re-considering the petition of AVilHam Alston,
in behalf of Solomon Alston's widow, reported to this House.

The House taking the same into consideration.

Resolved, That John Henderson, wlio intermarried with the said
Solomon Alston's widow, enter into bond, with sufficient security, to
the President of tins Congress (in behalf of said orphans) thath e
will not remove any part of tlie estate out of the Province, and
faithfully account for the same.

The Congress adjourned till to-morrow morning, nine o'clock.

Wednesday, ]\Iay 1", 177G.

The Congress met according to adjournment.

Resolved, That a resolution of this Congress of the '22d of Ajiril,
for api:)ointing six Brigadier Generals in the several districts of this
Province, be rescinded.

Resolved, That Brigadier (-Jenoral Howe be allowed the sum of
£300 for his extraordinary expence while in the Colony of Virginia;
that the Treasurers, or either of them, pay him the same, and be
allowed in their accounts with the public.

Ordered, That Duncan McNeill be discharged from furl her
attendance oil this Congress, he first entering into bond, with
.securit}', in the sum of £500 for his ap})e;u'anee at a future Con-
gress, and good behaviour.

( OLONIAL RECORDS. 553

Resolved, That Mr John Henderson pay to Mr Jaracs Jones £5
15s. for his expences in citing the said Penderson to appear at Con-
gress on the petition of William Alston.

On motion, Resolved, That Allen Jones, Esq., be appointed Vice-
President of this Congress.

Resolved, That Mr William Fenner be appointed a Captain in
'the second Regiment of the Continental troops raised ia this
Province.

Ordered, That a certificate issue accordingly.

Mr John Taylor has leave of absence.

Resolved, Tliat the further allowance of 666 dollars, and two
third parts of a dollar, be paid to each of the Delegates who were
appointed in September last to attend the Continehtal Congress in
behalf of this Province, for one year; and that the Treasurers, or
either of them, draw on the Continental Treasury for the same, and
be allowed in their accounts with the public.

Resolved, That William Hooper, Joseph Hewes and John Penn,
Esqrs. be, and are herebj^ appointed Delegates, in behalf of this
Province, from the determinition of the present year to the end of
the next Congress which shall be held in this Province, to attend
the general Congress at Philadelphia, or such other place as may be
appointed; and they are hereby invested with such powers as may-
make any acts done by them, or any of them; or consent given, in
behalf of this Province (not inconsistent with such instructions as
may be given by this Congress) obligatory upon every inhabitant
thereof; and that they be allowed at the rate of 2,000 dollars each
for performing such services, to be paid b}' the Public Treasurers, or
either of them, who are impowered to draw on the Continental
Treasifry for the same, and shall be allowed in their accounts with
the public.

Mr Sherrod and Mr Saunders have leave of absence.

Resolved, That the vestrym'en legally elected in each and every
parish in this Province on Easter Monday last, upon repeating and
subscribing the Test recommended by the last Provincial Congress,
shall be, and are hereby declared legal vestries, and may jsroceed to
parochial business accordingh^; and where no vestries were then
elected, the freeliolders in such parishes shall meet at the place by
law appointed for the election of vestries on the first Monday in
July next, and then and there choose and elect a vestry, agreeable
to the directions of the act of Assembly for appointing vestries, and

554 COLONIAL RECORDS.

the poll shall be taken by the clerk of the county committee, and
return nrade in the same manner as the sheriff', imjwwered and
directed by the said act; which vestrymen so elected shall qualify
themselves, bj' repeating and subscribing the aforesaid Test, and
shall thereafter be deemed and taken to be the legal vestry of their
respective parishes, and invested with the same powers and authori-
ties, as if elected and C|ualified agreeable to the aforesaid act : Pro-
vided, that where any vestrj-man alreadj' elected for the pi'csent
year has taken the oaths, or subscribed any Tests or Declarations
heretofore ajipointed, the election of a vestry in such parish shall
be, and is hereby declared void, and a new election shall be made
under the regulations aforesaid And provided also, that no vestr^'
shall continue longer than until next Easter Monday under any
election made on last Easter ilonday, or by virtue of this resolve ;
anj'^ thing herein contained to the contrary notwithstanding.

Resolved, That commissioners be appointed in the counties of
Guilford, Cumberland, Anson, Orange, Bladen and Chatham, to
take inventories of the estates of the prisoners lately sent out of
this Province, and of those who are out upon parole and bail, and
to take all the care in their power to prevent waste and embezzle-
ment, and to- make return thereof to next Congress; but at the same
time to i»ay j articular attention to tlie unhajijiy women and chil-
dren, to see that thej' do not want the common necessaries of life,
and that all their estates shall remain where they now are, except
arms and aaimunition, under the protection of this Congress, until
some future order; and that the said commissioners sliall, by everj'
means in their power, endeavour to get into their possession such
effects as have been taken from the said [jrisoners, persons onjiarole,
and out on bail, and to be restored to the respective habitations from
v.'hence such effects were taken, and return inventories thereof to
next Congress; and that the following persons be commissioners,
viz.: Mr William Bell, Richardson Owen and ; rancis Harjicr, for
Guilford county; Mr Thomas Wade, John Cole and William Mask,
for Anso!\ county; Mv Peter Ahillet, AVilliam Rand and Robert
Cobb, for Cumberland county; Mr John Butler and Mv William
Tate, for Orange county; Mr James Council and Mr Nathaniel
Richardson, for Bladen county; Mr Jeduthan Harper, ]\Iial Scur-
lock and John Thompson, inr Chatham county.

Resolved, That the commissioners for the county of Cumberland
dispose of tlie estate of Archibald McArthur, deceased, late insur-

COLONIAL RECORDS. 555

gent of said county, for six months' credit, the purchasers giving
bond with approved security for the same; and that they make
report to the next Congress. •

Resolved, That Mr James Coor, Mr William Alston, Mr Hunt,
Mr Lock, INIr Webb, Mr Pfifer, Mr Rutherford, Mr .John Campbell,
Mr Bradford, Mr Caswell, Mr Benbur}- and Mr G. Hill be a com-
.mittee to regulate the militia.

Resolved, That Mr Hunt, Mr Lock and Mr Person be a committee
to take an inventory of the effects of the Tories in the possession of
Colonel Long.

The Congress adjourned 'till to-morrow morning, nine o'clock.

Thursday, May '2"^ 177G.

The Congre.3s met according to adjournment.

Mr John Simpson, one of the delegates for the county of Pitt,
and Mr Thomas Hunter, one of the Delegates for Chowan county,
appeared, subscribed the Test, and took their seals in Congress.

Mr. Nathan Boddie lias leave of absence.

Resolved, That provisions and ammunition be iiumediately sent
from this place to General Moore at Vv'ilmington, and tliat Col. Long
and Mr Benjamin McCullocli be ap[)ointed to carry tliis order into
execution.

Resolved, That the commanding officers of the several battalions
issue immediate orders to their several i-ccruiting officers to march-
their recruits as fast as they shall inlist, and be jironerh' armed, to
join General Moore at Head Quarters, and thai they march under
the command of such officer of the companj' as can be best spared ;
and that the officers and soldiers belonging to t!ie 2d battalion, wlio
may be absent on furlow, do immediately join their battalion, and
march to join General Moore at Wilmington.

Resolved, That ten pieces of the double fortified six pounders
now Ij'ing at Newbern, belonging to the Province of South Caro-
lina, and also any field i:)icccs which may be there, be immediately
sent off to General Moore's Head Quarters on Cape Fear river; and
that Col. Long and Mr Benjamin McCullocli be appointed to see tlie
same done.

Resolved, That John Webb, Escp, be added to the commi.ssioners
for procuring arms in Halifax county, and that he immediately
purchase all such as may be serviceal:)le to the army that may be
for sale; and that Col. Long collect all the arms which may have

55G COLONIAL RECORDS.

been taken from the Regulators and Tories, and hold them ready
to be delivered to new recruits, as the officers may apply for them.

Resolved, .That the Chairman of the Committee of Newbern
cause the ten pieces of cannon ordered to be sent to AVilmington, to
be delivered to tlie order of Col. Long & J\Ir Benjamin I\IcCulloch,
and also any field piec s which may be there; and that the Chair-
man receive from Col. Long or his order, such provisions as he may
have occasion to leave at Newbern, till furtlier orders.

Ordered, That Robert CJoodloe, .Joseph Shearing and Benjamin
Seawell be added to the commissioners appointed to receive, procure
and purchase fire arms.

Resolved, That the arms, camp kettles, and camp equipage, pur-
chased by Mr Charles Jacocks for this Province, be immediately
delivered to Lieutenant Jacob Pollock, of Col. Thomas Polk's Regi-
ment, as the new raised recruits are under marching orders to join
General ]\Ioore at Cape Fear, Mr Jacocks taking Lieutenant Pollock's
receipt for the same.

Mr Charles McLean and Mr James Johnston, two of the members
from Tryon county, appeared and took their seats.

Mr Thomas Respis has leave of absence.

Pursuant to a resolve of this Congress, Mr President returned
Brigadier General Howe the following thanks:

Brigadier General Howe,

Sir : I am commanded by the Congress to return you their thanks
for your manly, generous and warlike conduct in these unhappy
times, more especially for the reputation our troops acquired under
your command.

I now, with infinite pleasure to myself, in compliance with that
command, return you the thanks of this House for the important
services rendered by you to the common cause; and in particular
for your maidy and officer-like exertions during the whole of the
late dangerous, important, and critical campaign.

To whicli the General returned the- following answer, viz.,

Mr. PlilCSIDlCNT,

As I have no wish so ardent, no ambition so strong, as that of
serving the noble cause -to which I have devoted myself, how happy
must it make me when to tlic pleasing consciousness of having

COLONIAL RECORDS. 557

endeavored to do my duty, you so politel}^ add tlie approbation of
my country. It is an heartfelt and honourable testimony that my
eflForts have not been wholly unsuccessful, and my felicity upon this
occasion can only be increased by considering that I have this pub-
lic opportunity^ of expressing the obligations I feel to be due to those
officers and men of every corps under my command, whose ready
acceptance, and spirited execution of the orders issued, have obtained
me the distinguishing honors of this day. Permit me, Sir, through
you, to assure the honorable Conventioii that I have the most grate-
ful sense of their favour, and that I conceive the best return I can
make, is with zeal and activity to pursue the dictates of my duty ;
in which resolution I cannot but persevere, as the good of my coun-
try is the end I aim at, and its applause the consequence and reward
of promoting it. Accept, Sir, my thanks for the manner in which
you have so obligingly convt-yed to me the sense of 3'our honorable
House.

Ordered, That James Burnside, now on parole at Halifax, be dis-
charged from the same.

The Congress adjourned till to-morrow morning nine o'clock.

Friday, May 3", 1776.

The Congress met acording to adjournment.

Ordered, That the parole of Robert Aitchison, Midshipman of the
Syren, now within the limits of the town of Halifax, be extended
five miles without the limits of the same.

Resolved That Thomas Alderson be appointed Ensign in Captain
Simon Alderson's company of the regulars in this Province, in the
room of James McKinnie.

Resolved, That Christopher Lacky be appointed second Lieuten-
ant in Capt. John Enloe's Company of the 5th Regiment in this
Province, in the room of who refuses to act.

Resolved, That the members of this and all future Congresses
shall be allowed 10s. per day for their attendance on the same, and
their ferriages and travelling to, and returning home from said
Congresses.

Resolved, That £100 be granted towards finishing the Fort at
Hanging Point on Neuse river, and that the said Fort be garrisoned
by a Captain and 24 men.

558 COLONIAL RECORDS.

Resolved, That Jolm Daly be apjwiiited Captain and commander
of the said Fort.

Resolved, That the said John Daly be appointed Commissary to
the troops to be garrisoned at Hanging Point.

Resolved, That the three Southern Independent Companies ordered
to bo raised in this Province, shall consist of no more privates
than 60.

Resolved, That Micajah Little be appointed second Lieutenant in
Capt. William Brinkly's Company of the 3d Regiment, in the room
of Christopher Lacky, removed to Capt. Enloo's Company in the 5th
Regiment.

Resolved, That Col. Long bo requested to receive his Excellency
General Lee at the line of this Colony, with a proper detachment of
troops, and escort hini to Halifax.

Resolved, That the proceedings of the Provincial Council be
taken under consideration to-morrow.

Mr Hancock and Mr Hogan have leave of absence.

Resolved, That tlie commissioners for purchasing guns in the
counties of Orange and Granville, be empowered to purchase drums
and fifes for the Regiments ordered to be raised.

Resolved, Tiiat L')(J() privates of the militia, under proper officers,
be immediately drafted from the districts of Edenton, Newbern,
Halifax and Wilmington, in the following manner, and march as
quick as possi!)le to Wilmington, on Cape Fear, for the protection of
this Province, to M'it:

Wilmington District incorporated into .six Companies: From
New PLinover (;3, Onslow 63, Duplin <i3, Brunswick 60, Bladen 66,
Cumberland 63.

Newbern District into seven (_'oni}ianies: From Dobbs 11.'5, Craven
122, Johnston 50, Pitt 50, Beaufort •25, ami Hyde 25, in one Com-
pany.

Edenton District into .^cven ('onqmnics: l''rom Bertie 50, .Mar-
tin 50, Tyrrell 56, Hertford 50, Chowan ■">(), Pcn|uinions 50, Pa.s([uo-
tank 75.

Halifax District into seven Companies: I'^-om Halifa.x loO, Edge-
combe 100, Bute 100, NorthamptoiA 75.

Resolved, That the siid militia shall be dix'idcd into two liat-
falions, and that Thomas Brown, Colonel, James Armstrong, Lieu-
tenant C'ol. and James Moore, of Duplin, Major, be appointed to
command that part of the militia to be drafted from the Disti'ict of

COLONIAL RECORDS. 559

Xewbeni and Wilmington; and that Philemon Hawkins, jun. Colo-
nel, Peter Dauge, Lieut. Col. and Druiy Gee, Major, be appointed to
command that part of the militia to be drafted from the District of
Edenton and HaliAix.

^Vhereas it appears fri.ni u jiaper signed by Abraham C hildors,
Cornet in the first troop of Light Horse commanded by Cajit. Dick-
erson, that he had taken seven new rifle guns, with their moulds
and wipers, from Arthur Moore, of the county of Orange, for the
use of the Continental army ;

b'esolved, That the said Abraham Childers has acted without
authority, and with violence, evil in its example, and dangerous to
the security of private property; wherefore it is

Ordered, That the said Capt. Dickerson be reciuired to bring tlie
said Abraham Childers before this House forthwith, to answer for
the said misbehaviour, and that the said Capt'. Dickerson cause tlie
said guns to be restored to the said Arthur Moore.

Resolved, That the vacancies in the second Regiriicnt of Con-
tinental troops raised in this Province be filled up, and the follo\* ing
persons appointed viz.

James Gee, Captain, in the room of Capt. L-win Toole, who has
resigned, and that he rank as 5th Captain. .John Heritage, Cap-
tain, in the room of Capt. Simon Bright, resigned, and that he rank
as the Gth Captain. Philip Lowe, first Lieutenant of Capt. John
Pleritage's (^jmpany. Jo.seph Worth, Robert Fenner, Thomas Standi
ings, James Martin, Clement Nash, John Ligles, second Lieu'.enants.
John Craddock, .Manlove Tarrant, Sanuiel Smith, and William
Tocksey, Ensigns. John Ligles appointed Adjutant to the second
Regiment.

PKISO.XERS, .\NI) Pr..\CES OF DESTINATION.

Peter Hay, bail £500. Robert Gillis, do. £50J. Vv'ihiauj (iibbs,
enlarged, and to give .security to the committee of Onslow county in
tliL' sum or £500. Connor Dowd, bail £1000. William Bourke,
parole to Northampton, Darcy Fowler to Daplin, Alexander McLean

to Granville, Frazier to ILUifax, Thomas Collins to Halifax,

William Draper to Bertie, William Clarke to Nixonton, Joim Doak
to Orange, with le ive of one month to remove his effects IVom
Cund)erland. Duncan McNiell, bail. Angus Campbell, jiarole in
Cinilford, under the care of the Rev. .lames Campbell, witli leave of

560 COLONIAL RECORDS.

14 days to remove his effects. Andrew Stewart, parole to Gran-
ville. James Lowe and Robert Adams, wlio sliot Capt. Dent, to
Halifax gaol. George Wicklejohn, parole in Perquimons, in that
part of said county on the south side of the river, with leave of 1-4
dajrs to prepare himself. James Hunter, parole in Bute. George
Mylne, bail £2000.

The Congress adjourned till to morrow morning, nine o'clock..

Saturday, May 4'", 1770.

The Congress met according to adjournment.

Ordered, That Col Long deliver to Mr Henry Giffard a certain
horse belonging to him, which Cudrick McDonald rode to Halifax,
with a saddle and bridle.

Ordered, That Mr Samuel A.she, Mr Parmele, Mr Burges, Mr
Gee, Mr Penn, and Mr Hooper, be added to the committee of
Enquiry. . .

Ordered, That Robert Adams, a prisoner now in Halifax gaol,
be enlarged, on his giving security, in the sum of £50 for his good
behaviour.

Mr Solomon Sheppard has leave of absence.

Ordered, That Alexander McLean have leave to take his horse,
bridle, and saddle, now in the possession of Col. Long.

The committee appointed to take under consideration the better
-regulation of the militia of this Province, reported as follows:

Having weighed and duly considered the critical and dangerous
situation we are in, and that open hostilities are commenced against
us at one and the same time by our implacable enemies, and their
adherents, at every place assailable, are of ojnnion, tliat for the bet-
ter and more effectual defence and protection of tlie Colony, the
militia thereof shall be divided into six brigades, viz. : one in each
district, each brigade to be under the conmiand of a Brigadier
General.

That the militia of every county sliall consi.-<t of all the elfeJive
men from IG to GO years of age, and sliall be formed into one regi-
ment, under the command of a Colonel, Lieutenant Colonel, and
two iNhijors, except where the Congress have or may appoint two or
more regiments in a county, in wliich case such regiment shall be
commanded agreeable to the particular a[)pointment. Every regi-
ment shall be divided into companies of not less than 50 rank and
file, two Serjeants, two corporals, one drummer, and one tifer; each

COLONIAL RECORDS. Stil

company to be under the command of a Captain, Lieutenant and
Ensign. That eveiy company shall be divided into five divisions,
one division to consist of all the more aged and infirm men, tlie
other four divisions shall draw lots for the 1st, 2d, 3d and 4th turns
to go on service, and shall be numbered according to such lots.

Resolved, That the foregoing arrangement shall immediately
upon notice hereof be made in every county in this Colony by the
field and subaltern officers, each in his resp ctive department. That
every Captain immediately upon such arrangement, afterwards
every six months, shall return a muster roll of his company divided
into divisions, and numbered as aforesaid, to the commanding offi-
cer of the regiment, under pain of forfei;ing £5 for every default;
and the commanding officers of each regiment shall make an exact
return from such lists, within one week after he shall liave received
the same, to the Brigadier General of the district, jander pain of for-
feiting £50 for every default.

That the commanding officer of every regiment shall, whenever
required thereto by the Brigadier General of his district, order a
general mu.ster at the most convenient place in his regiment, under
pain of forfeiting £50 for every default, provided that he shall not
call them together more than twice in one yrar; and every Captain
shall muster and train his company, divided into divisions as before
directed, once in every month at least, and oftener if diivcted by
the commanding officer, under pain of forfeiting 4()s. for every
default. And every soldier who shall neglect or refuse to attend
the general and private muster-:, shall be subject to such penalties
and forfeitures as are provided by the militia laws in force in this
Province. That tli^e Brigadier Generals respectively shall return
one exact muster roll of all the officers and soldiers of their respec-
tive brigades, distinguislicd into their proper companies and divisions,
to the executive power which shall be established, once every year,
and oftener if required, under penalty of £100 for every default.

Resolved, That the field officers of every regiment he impowered
to employ one or more Adjutant or Adjutants to train and discip-
line the men, who shall attend every general and private muster
for that purpose; and every sucli Adjutant shall be allowed 10s. for
every muster he shall so attend.

Resolved, That each militia .soJdiershall be furnished with a good
gun, bayonet, cartouch box, shot bag and powder horn, a cutlass or
tomahawk ; and where any person shall appear to the field officers
VOL. X — 36

562 COLONIAL RECORDS.

not fjossessed of sufficient property to afford such arms and accoutre-
ments, the same sliall be procured at the public expence, and given
to such pei'son upon every muster day, and when he sliall be
ordered to march; and whenever the service of mustering or march-
ing shall be concluded, the said arms and accoutrements shall be
restored to the Captain of the company, and by him carefully pre-
served for future occasions; and whenever the militia shall be called
into actual service, they shall be allowed as follows, viz.: One bag-
gage waggon, or two carts, to every fifty men; ammunition waggons
to every lu'igade, at the discretion of the Brigadier General; the
same rations to men and officers as allowed to the Continental army,
to bo sup[)lied by Commissaries appointed by the Brigadiers, which
.«aid Commissaries shall be allowed waggons, or carts in proportion,
to carry the proviiiions; one bell tent to every company; all neces-
sary intrenching tools; six axes to every company; one liaggage
waggon tor tiie officers of every regiment; a necessary number of
camp kettles; and the pay for officers shall be as established by act
of Assembly, and soldiers 2s. Gd. for each day while in service.

Resolved, That every Brigadier General shall be allowed the sum
of four dollars for every day he shall be in actual service, and a
waggon lor baggage and stores; that the commanding officer of
every regiment shall return an account of all expences, disburse-
nients and ])ay, appertaining to the said regiment, and shall pro-
duce as voucliers for such account the accounts rendered on oath of
the Captain of the respective companies, and otiier persons expend-
ing or disbursing for said regiment.

Resolved, That there shall be ten Liglit Horsemen, and no more,
to every regiment, to be arrayed in one or more companies when
they sliall have joined the brigade, at the discretion of the Brigadier
General.

Resolved, That no officer or .soldier in the militia service shall be
tried for any oltence against the militia law or the Articles of War,
except by a Court Martial, to consist only of militia officers.

Iu'si)l\tMl, That no brigaile, regiment, company or division of
niililia shall be under command of any but militia officers, excejit
wlu'u such militia shall 1k> ordert'd by the civil power to join the
('ontinental troops; in which case, the Continental officer of ecpuil,
and the militia olhct'i' of superior ileiioniination. shall comniaud.

licsolved, That such divisions as shall at any time be called into
.service, shall be formed into companies of 50 men each, with, a pro-

COLONIAL RECORDS. 563

portioned number of officers, Serjeants, Corporals, Fifers and Drum-
mers, and all the officers of each regiment shall agree among them-
selves concerning wliich shall command on actual service; but if
they cannot so agree, the commanding officer shall cause lots to be
drawn, and the officer on whom such lot shall fall, shall command
in their proper rank and department.

Resolved, That all i^ersons (except such as have or do bear
appointments or commissions under the authority of the CJeneral
and Provincial Congresses, Justices' of the Peace, ^linisters of some
Church regularly called, and having the cure of souls, overseers of
slaves exceeding five taxables in number, .schoolmasters, millers
and ferry keeper.s) .shall be liable to be drafted; and all persons .so
drafted shall be obliged to serve, or find an able bodied man in his
room, under the penalty of £'I0.

Resolved, That all the militia laws heretofore Jn force in this
Colony, and not repealed, expired, or discontinued, shall be in force
hereafter; except where other provision is made by the resolves of
this Congress, or some future .legislative authority.

The Congress taking the said report into consideration, concurred
tiierewith.

Resolved. Tliat the commanding officers of the brigades of Hali-
■fax, Edenton, Xewbern and Wilmington be ordered to detach from
their respective brigades the number of men voted by tljis Congress
by a resolve of tlie 2d of May instant, to reinforce Brigadier Gen-
eral Moore at (Jape Fear, agreeable to the said resolve, and the
resolves for regulating the militia entered into this day.

Resolved, That John Ashe, Esq., Ije appointed Brigadier General
of the militia for the district of Wilmington, Allen Jones, Esq., for
the district of Halifax, Edward Vail, Esq., for the district of Eden-
ton, Griffith Rutlierford, E.sq., for the district of Salisbury, Tliomas
Person, Esq, for tlie di.strict of Hillsborough, and William Bryan,
Esq., for the district of Newbern.

Resolved, That each of tlie Brigadier Generals shall take rank in
their respective districts.

Resolved, That Thomas Armstrong be appointed first Lieutenant
in Captain John Enloe's company of the American Ar.jiyof the 5th
regiment, in the room of George Sugg; and John Hodges Ensign,
in the room of Shadrach Wooten.

The Congress adjourned till .Monday morning, nine o'clock.

564 COLONIAL RECORDS.

Monday, May 6'^ 177G.

The Congress met according to adjournment.

The secret committee hiid before the House extracts of a letter
from General Moore, and an affidavit respecting the enemies situa-
tion.

Ordered, That the said committee transmit to Major General Lee
copies of said letter and affidavit, and give him such further
accounts of the number of militfa ordered by this Congress to join
General Moore, and the time, as near as they can ascertain, of their
junction.

Ordered, That the Secretary immediateh' furnish each of the
Brigadier Generals with a copy of the resolve of this Congress for
regulating the militia, and that the Brigadier General shall immedi-
ately issue orders to the commanders of the respective regiments
belonging to their brigades to carry the same into effect with all pos-
sible expedition; and that the Generals of the Brigades of Halifax,
Edenton, Xewbern and ^^'ilmington hasten bj' every possible expedi-
tion the march of the reinforcements ordered to join General Moore;
and that Brigadier General Ashe be ordered to take command of
the said reinforcements upon tlieir arrival in his district, subject to
the provisions of the militia regulations entered into by this (on-*
gress.

Resolved, That if the Brigadier General of any In'igade shall at
any time refuse, neglect or delay to obey the orders of the Congress,
or any power by them appointed, to arraj^ and controul the militia,
and shall be convicted thereof l)y sentence of a Court iMartial, he
shall forfeit and pay £500 for the use of this Province, to be disposed
of by the Congress thereof; and shall be liable to such further pun-
ishment as shall be adjudged by a Court Martial, such sentenceof
further punishment to be suspended until the sense of the Congress
shall be taken thereon.

Resolved, That Christoplirr Lackey be reinstated second Lieuten-
ant in Capt. William i>rinkley's company of the American army in
this Province, of the 3d regiment; and Micajah Little, lately
appointed in Capt. Brinkley's company, second Lieutenant in Ca]it.
John Enloe's company of the American army, in tlie 5th regiment.
Resolved, That Mr Miller, Mr Caswell Mr \\'illiam .Johnston, Mr
Penn, Mr Samuel Ashe an,d Mr Simpson be a connnittee to consider
the claims of William Kennan, Commissary of tlie troops at Cape

COLONIAL RECORDS. 565

Fear; and also to enquire into what provisions have been purchased-
on the public account, and the most eligible method of disposing
thereof.

Resolved, That Isaac Gregory and Abner Harrison, Esqs., of Pas-
quotank county, and William Ferreby, of Currituck countj^, or any
two of them, take into their possession the plantation or plantations
the property of Thomas Macknight, and also of James Parker, and
the same hire out for the most that can be got for them for the ensu-
ing year, and that they take cars' of all utensils thereon.

On the petition of Henr}" Bennett and -John Fo.scue, complaining
that thej' have been long imprisoned, and no probability of any
witness appearing against them —

Resolved, That they be admitted to bail.

Resolved, That Mr Caswell, Mr Thomas Jones and ]\Ir Coor be a
committee to enquire what sum of money will Ije sufficient to carry
on the military establishment for one 3'ear, with the disbursements
necessarily accruing thereon, and report an estimate thereof to the
Congress.

Mr Joseph Jones, one of the members for Pasquotank county,
appeared, subscribed the Test, and took his seat in Congress.

The connnittee appointed to enquire into the most practicable way
of procuiing and purifying sulphur, &c., reported as follows:

That they have been informed there is a large quantity of virgin
or fossil sulphur at or near the mouth of Little River, in the upper
part of Dobbs countj^, and in the county of Bladen, at or near Peter
Lord's, as well as in several other places in the Province; also that
there is a large quantity of lead ore in the lower part of Johnston
County, at or near the plantation of Capt. Nathan Williams, and
lead may be procured at Chiswell's mines in the Colony of Virginia.
Your committee therefore recommend that George Miller, John Sas-
ser and Benjamin Exum, of Dobbs county, and James Council,
Thomas Robinson and Jo.seph Cain, of Bladen county, be emj^ow-
ered to contract with persons to procure and purify, at the public
expence such sulphur as may be had or found within this Province,
which contract to be obligatory on the Province; and that the said
George Miller, John Sasser, Benjamin Exum, .James Council, Thomas
Robinson and Joseph Cain, or any three of them, draw on the Treas-
urers, or either of them, for such sums of money as may be neces-
sary for the above purposes, so that the same does not exceed £1000
And as lead ore cannot be procured and 2:)urified as soon as it may

566 COLONIAL RECORDS.

be wanted, your committee further recommend that Hugh jSIont-
gomer}' and Matthew Lock, Esqrs., be impowered to treat as soon as
possible with any person or persons in this Province, or the Colonj-
of Virginia, for any quantity of lead, not exceeding 20 tons; and
having so contracted, to provide ways and means for transporting
the same to the following places, to M'it: Two tons to Salisbury, two
tons to Hillsboro, and the remainder to Johnston Court House ; and
that the Treasurers, or either of them, be impowered to draw on the
Continental Treasury for such sums of money as may be necessary
for purchasing the said lead ; and that the said Hugh Montgomery
and Matthew Locke be allowed a reasonable sum for their trouble
and expence, to be paid by the public.

The House taking the same into consideration, concurred there-
with.

It appearing to the Congress that Thomas Jones, Esq., rendered
this country very important and essential services in prosecuting
suits in behalf of the Crown, therefore

Resolved, That the said Thomas Jones, Esq., be allowed £75 for
prosecuting divers criminals in behalf of the Crown at three Courts
of Oyer and Terminer held at Edenton, to wit: One in July,
1774, one in .January, 1775,, and another in July, 1775; that the
Treasurers, or either of them, pay him the same, and be allowed in
their accounts with the public. ■•

Resolved, That ^\'illiam Amis be appointed Commissary to the
third regiment of the American army to be raised in this Province,
in the room of John Webb, resigned.

Resolved, That Mr Miller, Mr William Johnston and Mr Simpson
be added to the committee of Civil Accounts.

The Congress adjourned till to-morrow morning nine o'clock.

Tuesday, May 7'", 1770.

The Congress met according to adjournment.

Whereas the commanding officers in the late expedition against
the Tories thought proper, for the benefit of the service, to cause to
be cut down and destroyed sundry bridges in the counties of Duplin
and Bladen, and it appearing to tlic House that it will be burthen-
some to the inliabitants of those counties to be at the sole expence
of rebuilding such bridges; therefore

Resolved, That when it shall appear to be necessary' and expe-
dient to rebuild such bridges, tiie expence thereof shall be paid bj'
the public.

COLONIAL RECORDS. 567

Mr James Williams exhibited his account for acting as attornej'
for the Crown at five Courts of Oyer and Terminer held in this
Province, from the 10* of June, 1774, to the 10"" of June, 1775.

Resolved, That the said James Williams be allowed the sum of
£50 for prosecuting in behalf of the Crown in the said Courts of
Oyer and Terminer; that the Treasurers, or either of them, pay him
the same, and be allowed in their accounts with the public.

Resolved, That Mr Ebenezer Folsome be allowed £100 for his
vigilance, and the imi^ortant services rendered this country in the
late insurrection, the Congress considering the said sum not as an
adequate reward for his spirit and activity, but as a mark of his
country's confidence and approbation ; that the Treasurers, or either
of them, pay him the same.

Resolved, That Mr Nash, Mr Burke, Mr Ashe, Mr Whitmill Hill
and Mr Coor be a committee to encjuire of ways and means the most
probable to prevent the desertion of slaves.

Resolved, That 100 Light Cavalry and 200 Infantry be ordered
immediately to Cross Creek, to be under the command of Lieutenant
Colonel Folsome, until further orders.

That the said horsemen be immediatel}' raised from the militia in
Cumberland, and the adjacent counties, who will voluntarily serve;
and the footmen be drafted from the brigades of Salisbury and Hills-
borough, by equal proportions from each regiment, unless a suffi-
cient number will immediately enter the service as volunteers.

Ordered, That two sets of blank commissions issue for the com-
panies of Light Horse, to be filled up by Col. Folsome.

Resolved, That £2,000 be paid into the hands of the delegates for
the county of Bladen, and by them paid to the officers and soldiers
of the militia of said county now in service of the Province, in part
of their pay, who have not had time to lay their accounts before the
public; that the Treasurers, or either of them, pay them the same,
and be allowed in their accounts with the public; and that the said
delegates give bond and security to account for the same.

Resolved, That £1,500 be paid into the hands of the delegates for
the county of Duplin, and by them paid to the officers and soldiers
of the militia of said county now in service of the Province, in part
of their wages for their services on the late expedition to Cape Fear;
that the Treasurers, or either of them, pay the same, and be allowed
in their accounts; and that the said delegates give bond with
security to account for the same.

568 COLONIAL RECORDS.

Resolved, That 850 wt. of powder be sent to the district of Salis-
bury, to the care of the Brigadier General of that district.

Resolved, That 400 wt. of jjowder be sent to tlie district of Hills-
borough-to the care of the Brigadier General of that district.

Resolved, That the field officers in every battalion of the Conti-
nental troops be impowered to employ an armourer for suchjbat-
talion, and that such armourer be allowed the pay of one dollar and
a quarter of a dollar per day, and one ration.

Resolved, That Ebenezer Folsome be appointed Colonel of the
mihtia in the county of Cumberland, in the room of Alexander
McAlister, resigned; David Smith, Lieutenant Colonel; Philip
Alston, !"■ ]\Iajor, and John Armstrong, 2"'' Major, in the same
county.

Resolved, Tliat Mr Burke, Mr Webl) and Mr Penn be a committee
to report on Mr Cooper's petition.

Re.solved, That William Rand take into liis possession, wherever
they may be found, all the records and papers belonging and apper-
taining to the clerk and register's offices in tlie couiitv of Cumber-
land.

Ordered, That Col. Long deliver to William Jones, who lately
came express to this Congress, one of the Tury horses in liisj^tosses-
sion.

Resolved, That the managers of the I'urnace directed to be hired
m Chatham count}^, or purchased in Guilford county, for the public
u.se, take under care for that service the whole of the Negroes latelj'
brought by order of the Congress from the counties of Pasquotank
and (Jurrituck, belonging to the estates of Thomas IMacknight, James
Parker and Robert Gilmore, and make the best of them in that
employment for the benefit of the public; and that tlie commis-
sioners render to next Congress a disposition of such slaves, with an
account of expenditures, upon oath; and that the commissioners
give a receipt for such Negroes.

Resolved, That William Glover be appointed Captain in the G""
regiment of foot of the American army to be raised in this Province,
in the room of Jesse Saunders, resigned; and John Owens, 1" Lieut,
in the room of William Glover, advanced; John Hart, 2'"* Lieut.,
ill the room of Pleasant Henderson, resigned; and Kedar Parker, in
the room of Thomas Grant, resigned; all of the G"' regiment, in
Capt. William Glover's comjiany.

The Congress adjourned till to-morrow morning, nine o'clock.

COLONIAL RECORDS. 569

Wednesday, May 8'^ 1776.

The Congress met according to adjournment.

Resolved, That each of the late Paymasters to the troops in this
Province be allowed two and a half per cent, on all monies received
and paid away to such troops, as a compensation for their trouble
and expences.

Resolved, That Henry Giffard be appointed Commissary to the
militia to be stationed at Cross Creek.

Resolved, That Chapel Gee be appointed Commissar}' to the
militia for the district of Halifax, and that either of the Treasurers
pay him £200 to enable him to purchase provisions for the present,
he first entering into bond to account for the same, and be allowed
in their accounts with the public.

On motion. Resolved, That Mr Council, ]Mr Burke, Mr Rutlier-
ford and Mr Lock be a committee to encjuire concerning the salt
taken on account of the public at Cross Creek, and make report.

Resolved, That the present paymaster pay up all back arrears
due to the first two regiments in this Province.

The committee to enquire of ways and means the most probable
to prevent the desertion of slaves, reported as follows, to wit:

Your committee report, that in their opinion it is expedient to
recommend it to all masters and owners of slaves on the south side
of Cape Fear River to remove such male slaves as are capable of
bearing arms, or otherwise assisting the enerny, into the country,
remote from the Sea; and that the commanding officer on that
station be impowered to remove all such slaves as are above described
to such distance as he shall think safe, in case he perceives a neces-
sity for such movement, and that th.e rec mmendation here sug-
gested should not be properly attended to.

The Congress taking the same into consideration, concurred there-
with.

The committee for taking into consideration the petition of Willis
Cooper, reported as follows:

That it appears to them that the said Benjamin Arundel is indebted
to the petitioner £184 10s. 9d. Virginia money, balance of a bond,
with interest from the 22d of October, 1774, and also £59 6s. 2d.
like money, balance of an account; that the said Benjamin Arun-
del has absconded from this Colony, and left some property in the
county of Wake; that the petitioner's prayer to be allowed some

570 COLONIAL RECORDS.

remedy for securing tlie said effects from being removed or wasted,
is reasonable; and your committee humbly recommend that trustees
be appointed to take the same into their care, that they may be
preserved for payment of the petitioner, and any other creditors of
the said Benjamin Arundel, who shall establish their claims in such
manner as shall be provided by any ordinance in this Colony.
Provided nevertheless, that the said Benjamin Arundel be at liberty
to replevy any part of his estate so seized or talcen, on his giving
bond and approved security to the trustees for the payment of all
debts that shall be adjudged against him, and accruing costs.

The House taking the same into consideration, concurred there-
with.

Resolved, That Michael Rogers and John Hinton, jun. be appointed
trustees to take into their possession the estate of the said Benjamin
Arundel, and preserve the same till further orders from this Con-
gress.

Resolved, That Mr John AVebb, heretofore appointed to purchase
arms for this Province, do deliver all the arms by him purchased to
Col. Jethro Sumner, for the use of the soldiers of the 3d regiment
under his command, and that Mr AVebb take Col. Sumner's receipt
for the same.

Resolved, That Edward Yarborough be appointed Ensign in
Capt. Jacob Turner's company of Foot in the American army, of
the 3d regiment, in the room of Benjamin Morgan, resigned.

Resolved, That the Treasurers, or either of them, pay into the
hands of AA''illiam Kennon, Esquire, Commissary to the 1st regiment,
£2000 that he enter into bond with security faithfully to account
for the same, and be allowed in their accounts with the public.

The chairman of the committee of ( laims reported that Col.
Joseph Taylor was allowed £662 4h. 2(1. for the services of the
Granville regiment of militia; Col. Charles Eaton, £169 6s. Od. for
services of the Granville Light Horse; Bonnet Crafton, £23 12s. for
services as Adjutant of the militia in Granville county; and Peter
Dauge, £84 8s. 6d. for bringing up Macknight's Negroes, and for
handcuffs.

Tlie House considering the same, concurred therewitli.

The Congress adjourned till to-morrow morning nine o'clock.

COLONUL RECORDS. 571

Thursday, May 9*, 1776.

The Congress met according to adjournment.

Mr Samuel Smith, one of the delegates for the county of John-
ston, appeared, subscribed the Test, and took his seat in Congress.

The chairman of the committee of Claims reported that Philemon
Hawkins was allowed for the services of his regiment of militia
on late Currituck expedition, and against the insurgents, the sum of
£332 2s. 7d.

The House considering the same, concurred therewith.

Resolved, That Mr John Campbell, Mr John Cowper, Mr Will-
iam Johnston, Mr Joseph Jones, Mr George Miller, Mr Richard Cas-
will and Mr Thomas Jones, be a committee to examine the invoices
and i^apers laid before this House by Mi' John W. Stanly, and make
report thereon.

The committee to enquire concerning the salt taken on account
of the public at Cross creek, reported as follows: Your committee
having considered the matter referred to them, are of opinion that
the proprietors ought to be allowed 6s. 8d. for each bushel of the salt
taken at Cross creek on the public account, which opinion is hum-
bl}' submitted to the Congress.

The House considering the same, concurred therewith.

Resolved, That £1500 be paid into the hands of the Delegates
for the county of Mecklenburg, and by them paid to the officers
and soldiers of the militia of said county, now in service of the
Province, in part of their pa}^ who have not had time to lay their
accounts before the public; that the Treasurers, or either of them,
pay them the same, and be allowed in their accounts with the pub-
lic; and that the said Delegates give liond and security to account
for the same.

Abraham Childers was brought before this Congress, pursuant to
a former order, who was examined and discharged.

Resolved, That Arthur ]\Ioore of Orange county, be allowed £56
for seven rifle guns which Cornet Abraham Childers purchased of
him f5r the use of the light dragoons under the command of Ctipt.
Dickerson; that the Treasurers, or either of them, pay him the
same, and be allowed in their account with the public.

Resolved, That James McKinnie be reinstated Ensign in Simon
Alderson's company in the oth regiment of the American army, in
the room of Thomas Alderson, lately appointed by this Congress.

572 COLONIAL RECORDS.

Resolved, That Mr Caswell, Mr Thomas Jones, Mr Burke, Mr
Lock, and Mr Rutherford, be a committee to prei)are and bring in a
plan for the more conven ently paying tlie militia who have or may
serve in this Colony, and for adjudging and paying all expences
incident to the militia when in actual service.

Resolved, That a committee of the whole House be appointed to
examine the proceedings of the late Provincial Council, to meet at
the Court-House as soon as this House rises, and that such members
attend as can conveniently.

Resolved, That an artillery company, to coiLsist of 50 men (offi-
cers excluded) be raised in this Province, under the command of
Capt. John ^"ance, and ordered immediately to join C4eneral Moore;
and that James Bradly be appointed 1st Lieutenant, Jolni Allen 2d
Lieutenant, and John Kingsberry Ensign; and that the officers and
privates of that company be allowed the same pay as allowed in
the artiller}' service on the Continental establishment, and also the
same allowance, bounty, and advance, as other troops rai.sed in this
Province.

Resolved, Tliat Allen Jones and Thomas Jones, Esquires, two of
the de]egates of this Congress, be appointed to attend the Conven-
tion of tlie Colony of Virginia, for the purpo.se of recommending to
them the expediency of fitting out two armed vessels at the expence
of that Colony, to act in conjunction with the armed vessels already
fitted out by this Colony, for the protection of the trade at Occacoek;
and that they be allowed o0.s. per day wliile on that .service, and
that the Treasurers, or either of them, advance £40 to each, to be
afterwards accounted for.

Resolved, That Mr Thomas Jones, Mr Joseph Jones, and ^Ir
Thomas Boyd, be a committee to enquire into the proofs of the
necessity of placing the estate of Robert Murden into the hands of
commissioners, for the purpose of securing his creditors, the said
Robert Murden being said to have absconded this Colony, and
joined Lord Dunmore, and make report thereof

Resolved, That the sum of £500,000 (including £100,000 already
voted) be emitted in pa[)er bills of credit, for the purpose of defray-
ing all the e.Kpences of armaments, l)ounties, and otlier contingen-
cies, that sliall occur in tills Culuny during the rece.ss of the Con-

COLONIAL RECORDS. 573

gress; and that the bills for the additional £4:00,000 be of the fol-
lowing denomination, viz.:

5000 bills, of -20 dolls, each 100000

5000 do. 15 do. 75000

10000 do. 5 do. 50000

20000 do. 10 do. 200000

20000 do. 8 do. 160000

20000 do. ■ G do. 120000

20000 do. 4 do. . 80000

20000 do. 3 do. 60000

20000 do. 2 do. 40000

40000 do. 1 do. 40000

80000 do. * do. 40000

80000 do. i do. . 20000

80000 do. ^ do. 10000

80000 do. 1-16 do. 5000

500000 bills $10000(.)0

£400000

Resolved, That this Province be pledged for the redemption of
the said bills of credit by a poll tax, to commence in the year 1780,
and continue for 20 years afterwards, unless otherwise provided by
some future Congress, or competent power in this Colony.

Resolved, That any person or persons who shall attempt to depre-
ciate the said bills of credit, by refusing to receive the same in pa}^-
ment of any debt or contract, or by speaking or writing with inten-
tion to lessen their credit and currency, shall be considered as inimical
to America; and that any person or persons who shall counterfeit,
alter, or deface, or directly or indirectly utter, pass, pay or circulate,
any bill or bills, counterfeited, altered, or defaced, knowing the same
to be so, shall be liable to such proceedings and penalties as are pro-
vided b}' a resolve of the Congress held at Hillsborough on the 21st
daj' of August, 1775, for preventing the like abuse with relation to
bills of credit emitted by the said Congress.

Resolved, That Thomas Benbur}-, .John Kinchen, .John Johnston,
and jNIemucan Hunt, Esqrs., or the survivor or survivors of them,
be commissioners for emplojdng proper persons to engrave the plates
for the said bills, under the same regulations as are directed by a

574 COLONIAL RECORDS.

resolve of this Congress, passed on the 2'2d of April last; and 'that
William Haywood, John Webb, William Williams, and David
.Sumner, Esqrs., be commissioners for the purpose of signing the
said bills of credit, under the like regulations as provided bv^the
resolve aforesaid.

The Congress adjourned till to-morrow morning, nine o'clock.

Friday, May 10'", 1776.

The Congress met according to adjournment.

Resolved, That Capt .John Chace be allowed the further sum of
£30 for gunjiowder received from him by the committee of Per-
quimons county; that the Treasurers, or either of them, pay him
the same, and be allowed in their accounts with the public.

Resolved, That the executors or administrators of Joseph Mont-
fort, Esq., deceased, late Treasurer, be directed to appear at tlie sit-
ting of the next Congress, to adjust and settle his account with the
puljlic.

Resolved, That C'harles Maloy, Colin Campbell, and James
McEachen, be allowed £G each, for their attendance as evidences at
this Congress against sundr}' persons suspected of being inimical to
the rights of America.

Wliereas it is rejiresented to tliis Congress that the militia service
will l)e greatly delayed in the county of Pasquotank, unless advance
money be paid to such as are induced into the army, arising from
the necessity the inliabitants of the .said county were under in the
purchase of corn, and other provisions, the same being almost
totally destroyed by a stoi'ui on the 'Jd day of Sejitember last, the
notoriety of which this Congress being sensible of; do resolve, That
the sum of JCs. be advanced to each of the militia of Pa.squotank,
who shall either enter the service as voluntem's, or are drafted, to
reinforce the army under the general officer of the Colony; and
thnt the Treasui'er pay to the delegates of the .said county the sum
of £ir)0 (o be delive ed to Col. Peter Dauge, to be advanced to the
soldiers now to be raised, who shall on the receipt thereof give bond,
with good security, fnr the due application of tlie said i^oney, to
answer lh<' pur[iosc of this resolutit)n.

Resolved, That no officei' or soldici- of ilu- militia or regulars in
thi.s Colony sliall i)ress any wagg n or waggons, horse or lior.ses,
arms, or other tilings, of any nature whatsoever, unless autliori/.ed
theri'to !iv warfants, under the hands ami si'als of two of tlu' mem-

COLONIAL RECORDS. 575

bers of the committee of the town or county where such press shall
be necessary, which committee members shall not be themselves
officers; and every officer or soldier, before he shall presume to press
any thing as before mentioned, shall demand the same peaceably
from the owner or possessor thereof, and in case of refusal, shall pro-
duce the warrant aforesaid before he proceeds to press. And every
officer or soldier who shall offend against this resolve, shall forfeit and
pay £10 for every such offence to the person injured, and be more-
over liable to the action or actions of the party grieved, to be recov-
ered before any jurisdiction which shall have cognizance thereof;
and every horse, waggon, or thing, so pressed, shall be valued by
three indifferent persons, upon oath, and certificate tliereof given
by such valuers to the owner or possessor from whom the same
shall be pressed, in order that if the same shall not be restored to
such owner or possessor, he maybe allowed the valuation by the
public.

Resolved, That the above resolves be published in all the gazettes
of this Province for three months.

Resolved, That Nathaniel Rochester, Esq., be appointed I)e})uty
Commissary General of military and other stores in this Colon}' for
the use of the Continental army, and that he be allowed the same
ivllowance as provided by the Continental Congress for such officer,
and that he give security in the sum of £10,001) for the faitiiful dis-
charge of the trust reposed in him.

Resolved, That .John Pendleton take into iiis po.ssession a certain
negro girl called Nan, he having suggested to this Congress that Mr
Thomas Macknight, wi.o hath absconded this Colony, had oidy a
property to one half of the said negro, and that the property of the
other half i.~ in the said -John Pendleton, upon his entering into
.bond, with good security, to his honour the President, in the sum of
£'140 conditioned to be answerable for the value of said negro a d
her yearly hire, w'len hereafter demanded, and make his title to the
said one half of the said negro appear, before such judicature as
may hereafter l)e appointed to determine all such cases.

Resolved, That William Heath be allowed £12 for a horse pressed
from him. and delivered to Capt. Nathaniel Keais, of the second
reginn'iit; that the Treasurer.^, or either of thenif pay him the .same,
and be allowed in their accounts with the ])ublic.

Res lived, That the commissioners fur employing artificers to
strike £50.),(i00 in bills of credit, Ije impowered to apply to the dele-

576 COLONIAL RECORDS.

gates of this Colony, or either of them, in the Continental Congress,
to purchase paper for tlie bills of credit voted by this Congress
to be emitted, to send the same to this Colony with all possible expe-
dition ; and tliat they, or either of them, apply to the Continental
Treasury for the money necessarj^ for sucli imrpose, for and on
account of this Colony; and that the said commissioners l)e ako
impowered 1o purcliase an}' paper or other materials necessary for
such emission in this or the adjacent Colonies, and that they be
allowed all expenditures in this behalf made, to be paid by the
Treasurers or either of them, on being allowed by such power as
shall be appointed in the recess of the Congress.

Resolved, That the Deputy Commissary General of military and
other Stores, deliver out, in equal proportions, all the osnabergs,
Dutch stripes, romals, check, &c., jiurchased for tlie use of the Con-
tinental troops raised in this Province, to the Colonels of the respective
regiments, taking their receipts for the same.

The committee appointed to examine the invoices and papers laid
before the House by Mr .John W. Stanly, report tliat they have exam-
ined the said invoices and papers, whereby it ajipears to your com-
mittee that Mr. Stanly hath charged tlie jjublic 20 per cenfr on
£1000 3s. 7d., amounting to £332, for risk and trouble on the importa-
tion of sundry goods and merchandizes in the said invoices men-
tioned, when in foct the risk was Mes.s. Isaac Vanbibber and Com-
pany's and a commi-sion charged by Mr Stanly to tlioni for sales of
the said goods; and the allowance of 20 jier cent, by the Congress
was intended to be made to the adventurer, and of course ought to
go to the credit of ^'anbil)ber & Co., whicli when .so ajiplied, and a
proper state of the accounts between Mr Stanly and Mess, ^'anbil)-
ber and Co. is adverted to, it will be found tliat a balance of £43 i4s. 7d.
is due from Mr Stanly to Mess, ^'anbibbcr & Co., after the sum
expressed in a note pa.ssed by Mr McKim to Mr Stanly, is deducted,
and tliat lie ouglit in justice to pay tlicni the same.

Tlie House taking the same into considi^ration —

Resolved that tlie said report be concurred with, and tliat Mr
James (ireen, in whose liands the said note was lodged, deliver up
the same to Mr McKlni.

The Congress adjtlurned till tomorrow morning, eight o'clot'k.

te

COLONIAL RECORDS. 577

Saturday, May ll'^ 1776-

The Congress met according to adjournment.

Resolved, That the militia now to be drafted from the districts of
Halifax, Edenton, Newbern, and Wilmington, shall not be obliged
to serve longer than three months from the time of their inlistment.

Resolved that Peter Dauge be appointed Colonel, Drury Gee,
Lieutenant Colonel, James Hogan 1st Major, and George Wynn 2d
Major to command that part of the militia to be drafted from the
district of Edenton, and Halifax; and that John Tillman be
appointed 2d Major of the militia to be drafted from the districts of
Newbern and Wilmington.

Ordered, That the Rev. John McLeod, who was brought to this
Congress on suspicion of his having acted inimical to the rights of
America, be discharged from his further attendance.

Resolved, That Mr President, Mess. John Green and David Bar-
ron, and all other persons, deliver the stores in their jjossession
belonging to this Province to the Deputy Commissary General of
military and other Stores, taking his receipt for the same.

Resolved, That the Ti'easurers, or either of them, pay Nathaniel
Rochester, Esq., Deputy Commissary, a sum,»not exceeding £1000, to
enable him to hire waggons, &c., to remove the stores, and that they
be allowed the same in their accounts with the public.

Ordered, That Angus Campbell's parole to Cumberland be en-
larged for one month before he goes to Granville.

Resolved, that Mr Robert Rowan and Mr Peter Mallett be
directed to deliver the remaining part of the 3,500 bushels of salt,
contracted for at Cross Creek by the different counties, to the differ-
ent trustees appointed for that purpose.

Resolved, That each of the Treasurers, the Paymaster, and the
Commissary of Stores, be furnished with a blank book, of those
imported into Halifax by the late Governor Martin.

Resolved, That Mr President, Mr Caswell, Mr Willie Jones, Mr
Alexander Telfair, and Mr Archibald. Hamilton, be appointed a
committee to state the accounts of this Province with tlie United
Colonies for the expenditures since the commencement of hostilities
between Great Britain and the Colonies, and to transmit the same,
certified under their hands, or the hands of a majority of them, to
the Continental Congress.

VOL. X — 37

578 COLONIAL RECORDS.

Resolved, Tliat Henry Giffard, Commissary of the militia to be
stationed at Cross Creek, enter into bond, in the sum of £1000 for
the faithful discharge of that office, and to account for all such
monies that shall come to his hands; and that the Treasurers, or
either of them, pay him £200 and be allowed in their accounts with
the [lublic.

\\'hereas it appears to this Congress that the conduct of Felix
Kenan, Sheriff of Duplin county, hath been inimical to the liberties
of America, and thereby rendered himself truly unworthy to execute
any longer the trust and confidence reposed in him by his aiipoint-
ment as Slieriff ; and whereas the said Felix hath received consider-
able sums of public money, and hath not accounted for the same,

Resolved, Th.'it the said Felix Kenan, be and hereby is sus-
pended from the office of Sheriff of the said county of Du[ilin.
■ Resolved further, That the said Felix Kenan do within one
month after the passing hereof, return an exact account, on oath, of
all such public monies as he shall have collected from the inhabi-
tants of the said county, and pay the same into the hands of the
Public Treasurer of the Southern district of this Province.

.Jesse Goodwin, a soldier in the service of this Colony, having
been dangerously wouflded, and rendered incapable for some time
to come to get a subsistance by his labor.

Resolved, That the Treasurers or either of them, pay to the said
.lesse Goodwin the sum of £28 and be allowed in their accounts
with tlie public.

Read the petition of Mr Joseph Jones, Joshua Campbell, James
Ferebee, and A\'illiani Burges, of Pasquotank county, praying
relief, etc.

Resolved, That I\Ir Allen Jones, Mr John Cowper, Mr Thomas
Burke, and Mr Thomas Jones, be a])pointed a committee to consider,
hear testimony, and make report of and concerning the facts set
forth in the above petition.

Resolved, That Mr John Bradford, Mr Willis Alston, Mr Benja-
min ^L^Iulloch, and .Mr Green Hill be appointed conunissioners tnr
signing the bills of credit directed by this Congress tu be emitted,
in additidii to those heretofore appointed; and that they be under
the same rules and regulations for their conduct, and intitled to the
same allowance, as the commissioners formerly ajipointod.

Resolved, That the CommLssary of Stores deliver out to the com-
missioners of the armed vessels belonging to this Province, in the

COLONIAL RECORDS. 579

districts of Edenton, Newberu, and AVilmington, such stores as the
said commissioners shall apply for, necessary for fitting the said
vessels; and also six bolts of osnabrigs, and 36 pieces of checks
or striped linen, for cloathing the seamen belonging to the said
vessel.

Resolved, That the Commissary of Stores be impowered to pur-
chase coarse linens, and other necessary cloathing for the army; and
that he be allowed and paid for the same, with all necessary
expences, by the Treasurers, or either of them, when passed by the
executive power of government.

Whereas it appears, by the report of the committee of Accounts,
tliat there is at this time in the hands of Matthew Lock, Esq. the
sum of £2986 13s. 9d. halfpenny, belonging to the public; it is
therefore

Resolved, That the said Matthew Lock do pay unto such of the
soldiers who inlisted with Col. Alexander Martin in the second regi-
ment, and who actually served the full time of their inlistment, or
at least six months thereof, and now discharged, the sum of 40s.
each as a bounty, the same never having been paid them; and
that Mr Lock also pay off all arrears to those soldiers, and who are
now in the counties of Rowan, Surry, Guilford and Anson; and
that the soldiers now in actual service with Col. Martin at Cape
Fear, be paid their bounty money and arrears by the Paymaster
General, and the balance remaining be paid by the said Matthew
Lock to the militia officers and soldiers in Rowan county.

On motion. Resolved, The House resolve itself into a committee
of the whole, to take into consideration a civil temporary Con-
stitution.

The House resolved itself into a committee of the whole House
accordingly, and choose .John Campbell, Esq. Chairman; and after
some time spent therein, came to sundry resolutions. Then, on
motion, Mr Pi'esident resumed the Chair, and IMr Chairman reported
as follows, to wit:

Resolved, That this Congress choose by ballot one person, and
each district two persons, who shall serve as a Council of Safety for
this Colony from the end of this session until the meeting of the
next Congress; and that no person holding any military office from
which he receives or expects profit, nor any person holding a lucra-
tive office under any military commander in particular, or the

580 COLONIAL RECORDS.

army in general, shall be capable to act as a member of the said
council, officers and commanders of the militia only excej^ted.

Resolved, That from the end of this jtresent session, for and
during the time aforesaid, the said Council of Safety, or a majority
of them, shall be vested with full power and authority to do and
execute all acts and things necessary for the defence and protection
of the people of this Colony; provided that their power shall not
extend to alter, suspend, or abrogate any resolution of this or any
former Congress, or to emit any bills of credit, or levy any taxes on
the people, or impose any duties or imposts on goods or merchan-
dise to be imported or exported, or give orders to draw on tlie Con-
tinental Treasury', or to erect any office or offices, courts or jurisdic-
tions, or to try, adjudge, or condemn, any person or persons, for any
ofience civil or criminal, except where expressly permitted by resolve
of this Congress.

Resolved, That nothing herein contained shall be construed to
extend to prevent the said Council of Safety from examining and
committing any person or persons who may be accused on oath of
practices inimical to America, or to restrain any jierson or persons
from departing this Colony by Sea.

Resolved, That the said Council of Safety be impowered to direct
the Treasurers of this Colony, on any urgent exigency, to draw on
the Continental Treasury, on the account and credit of this Colony,
for any sums not exceeding £30,000 iii the whole.

Resolved, That the Council of Safety have full power and autlior-
ity to establish Courts of Admiralty at the ports of Edenton, Bath,
Newbern and Wilmington, and to appoint a Judge at each of tlie
said ports, to sit, hear and determine all maritime matters cogniza-
ble in Courts o^ Admiralty, and to authorise and impower the
Judges so to be appointed to nominate and appoint one Register and
one Marshal at each of the said ports, and all otlier officers neces-
sary for the purpose of carrying into execution the determinations
and decrees of the said courts; and that' all the proceedings, deter-
minations and decrees of the said Courts of Admiralty shall be con-
sonant and agreeable t) the rules and regulations laid down by the
Continental Congress; and that the Judges and other officers of the
said courts shall take such fees only as are directed to be taken by
the laws of this Province; and that each and every juryman
attending the said courts shall be intitled to the same allowances as
directed by the last Jury law.

COLONIAL RECORDS. 581

Resolved, That the Council of Safety have full power and author-
ity to nominate and appoint commissioners at each of the j^orts of
Currituck, Roanoke, Bath, Beaufort and Brunswick, for the purpose
of taking bonds and granting certificates to masters of vessels about
to depart the said ports, in order that the rules and regulations pre-
scribed b}' the Continental and this Congress may be fully observed
and carried into execution.

Resolved, That the Qualification and Test taken by the Congress
shall also be taken by the members of the Council of Safety, before
they be allowed to act.

Resolved, That the Provincial Council, and the Committees of
Safety for each district be, and they are hereby dissolved.

Resolved, That all matters heretofore had or taken cognizance of
by the late Provincial Council, or the several late Committees of
Safety of this Province, and undetermined, with all the proceedings
thereon, shall be laid before, and taken cognizance of by the Council
of Safety.

Resolved, That the Council of Safety shall sit from day to day,
at such convenient place or places as they may think prudent and
proper, for the transaction of business, and shall receive for each
day's traveling and attendance the sum of 20s. Proc. money, and be
paid the necessary ferriages.

The House taking the same into consideration, concurred there-
with.

Whereas a number of claims against this Province, for services
done and performed against the Highlanders and Regulators, in
consequence of their late insurrection, remain unsettled,

Resolved, That the Council of Safety be impowered to adjust,
settle and allow the same, and all other matters relating to the
expences of the army heretofore had or incurred.

The House proceeded to make choice of one, and the districts of
twelve proper persons, to compose the Council of Safety of this
Province, when the following were agreed upon, viz., Willie Jones,
Esq., for the Congress. James Coor and John Simpson, Esqrs., for
the district of Newborn. Thomas Jones and Whitmill Hill, Esqrs.,
for the district of Edenton. Thomas Eaton and Joseph John Will-
iams, Esqrs., for the district of Halifax. Cornelius Harnett and
Samuel Ashe, Esqrs, for the district of Wilmington. Thomas Per-
son and John Rand, Esqrs., for the district of Hillsborough. Heze-

582 COLONIAL RECORDS.

kiali Alexander and William Sharps, Esqrs., for the district of Salis-
bury.

Resolved, That the said Council shall vote bv districts.

The committee appointed to prepare and bring in a plan for the
more convenienth' paying the militia who have or maj' serve in
this Colony, and for adjudging and paying all expences incident to
the militia when in actual service, report that your committee are of
opinion that one waggon master should be appointed by the field
officers of every battalion, when entering on actual service, subject
to be removed or rejected by the Brigadier General. That the Com-
missaries should every morning n:ake a return to the waggon mas-
ter of the provisions, which the waggon master having examined
and compared, ought to return, signed and certified, to the com-
manding officer. That the waggon master should attend, as his
special duty, to the arrangement of the waggons, taking care that
every morning no more begin the march than one for every ton
weight of provisions, except where there may be half a ton or
upwards over and above what will make a ton for every waggon but
one, in which case the one waggon should be kept in service until
so miLch is consumed as to reduce it below half a ton; and in all
cases where the quantity over a ton for each waggon is less than half
a ton, the overplus ought to be distributed into the other waggons
as equally as may be. That every morning all the empty waggons
be discharged, each waggon having first obtained a certificate from
the waggon master, setting forth the number of days it had been in
service, and the place where discharged, and the distance to return.
That for every twenty miles of such return distance, each waggon
be allowed- 20s. for every day's pay. That every waggon master be
allowed the pay and rations of a I\Lnjor.

Your committee are further of opinion that one Paymaster sliould
be appointed for every militia brigade, and allowed a commission of
two and a half per cent, on all monies he shall pay away. That
once in every month (or at the end of an expedition, if the same
shall not continue a niontli) tlic commanding officer of each bat-
talion slmll cause to be made out a pay roll of his battalion, setting
forth the number of days each othcer and soldier has been in actual
service under his command, each company to be in a separate list,
and proved by the oath of tlic Cai)tain, or next commanding officer,
which i)ay roll the said commanding officer shall cause to be deliv-
ered to the Paymaster of liis brigade, signed by such connnanding

COLONIAL RECORDS.

officer; aud the Paymaster shall pay to the Caj^taiu of every com-
pany the pay which shall appear due to such company by the pay
roll, and every officer the pay which shall appear due to him. And
every waggoner should be entitled to receive from such Paymaster
all the pay which shall appear due to him by the AVaggon Master's
certificate.

The House taking the same into consideration, concurred there-
with.

The Congress adjourned 'till Monday morning, ten o'clock.

Monday, May 13'^ 1776.

The Congress met according to adjournment.

Resolved, That when any person shall be suspected of a design
to remove himself or his property out of this Colony, and affidavit
shall be made before any member of the county committee where
the person suspected shall reside, the said member of committee
shall issue a warrant to some oflicer, who shall be indifferent in
point of interest, to bring the said suspected person before the com-
mittee of the county at the next meeting ; and such officer is hereby
impowered and required to take security, in such sum as the com-
mittee man shall direct, by endorsement on the back of his warrant,
to appear before the said committee at the next succeeding meeting ;
and in case such suspected person sliall not give such security, the
officer shall commit him. And when such suspected person shall
appear, or be brought before the committee, they shall examine into
the proofs and allegations; and if it shall appear to them that such
suspicion is well founded, they shall order that he give security to
answer whatever claim or claims may be made appear against him,
or stand further committed. And where any person shall have
actuallj^ absconded out of this Colony, or so conceals himself, or
makes resistance, that he cannot be brought before the committee,
and the same shall be made appear by affidavit to the satisfaction of
one or more committee men, such committee man shall i.ssue a war-
rant to some sufficient person, not being interested, to take po.ssession
of all, or so much of the effects of such absconding person, as shall
be sufficient to satisfy the demands of any creditor or creditors who
shall apply and make oath of such demands; provided that the said
eflfects shall not be subject to be .sold, or otherwise disposed of, until
judgment shall be obtained in some court of ju.stice hereafter to be
established.

)S4 COLONIAL RECORDS.

In committee of Secrecy, War and Correspondence.

Resolved, That it be recommended to the Congress to allow Mrs
Ealbeck, the sum of £o, for the use of a room, caudles, &c., for this
Committee.

The House concurred therewith.

Resolved, That the following persons be discharged from their
further attendance on Congress, to wit: Hugh ^McDonald, John
McDonald, Daniel Cameron, .James McDonald and Daniel McLean.

Whereas it has been thought necessarj' to fit out three armed ves-
sels, for the protection of tlie trade of this Province —

Resolved, That the following sums be [)aid the officers and seamen
employed on board the said vessels by the month, to wit : Captain
XlO wages, and £4 for table, Lieutenant £8, Master £8, ^Mate £5 15s.,
Doctor £8, Boatswain £5, Gunner £5, Carpenter £5, Clerk £5, Ar-
mourer, £4 10s., Cooper £4 10s., Captain of Marines £8, Marines
£2 13s. 4d, Seamen compleat £4, Seamen not complete £3. • That all
other officers on board vessels of equal force and burthen, the same
regulations and pay as by Continental establishment.

Resolved, That the following persons be appointed Paymasters to
the militia, viz: Mr William Green for the district of Halifax, Mr
Matthew Locke for the district of Salisbury, Mr James Council for
the district of Wilmington, Mr Thomas Burke for the district of
Hillsborough, Mr William Blount for the district of Newbern, and
Mr Day Ridley for the district of Edenton.

Resolved, That the Paymasters of the militia of this Colony give
bond with security, each in the sum of £10,000 for the faithful appli-
cation of money intrusted to them.

Resolved, That every householder in the county of Surry shall
have a right to sit and vote in committees for said county, they
being elected by persons having a right to vote, agreeable to a
resolve of the last Congress at Hillsborough.

Resolved, That Thomas Mander be discharged from his parole.

Resolved, That Thomas Eaton, Esq., be appointed Colonel of the
militia for the county of Bute in the room of Philemon LLawkins,
jun., resigned.

Resolved, That Oroondates Davis, Clerk of the committee of Safety
for (lie district of Halifax, be allowed £10 for his services.

Resolved, That Memucan Hunt. Clerk of the committee of Safety
for the district of Hillsborough, bo allowed £10 for his services.

COLONIAL RECORDS.

o«o

Resolved, That Willium Bourke be discharged from liis parole to
Northampton, and tliat he be enlarged.

Resolved, That any person, inhabitant of this Colony, who shall
hereafter take arms against America within the said Colony, or shall
give intelligence or aid to the open enemies thereof, and sliall be
convicted of the facts, by vote of Congress, or by any judicial
power hereafter to be appointed, shall forfeit all his goods and chat-
tels, lands and tenements, to the people of the said Colony, to be dis-
posed of by the Congress, or other general representation thereof;
and moreover be considered (when taken) as a prisoner of war,
unless the sentence shall be mitigated or pardoned by the Congress,
or other general representation.

j\Ir Battle and Mr Nash have leave of absence.

Whereas it hath been represented to this Congress tliat a division
of the committee of Observation of Pasquotank county will give
ease and facility to the dispatch of public business within their
department, as a wide river runs through said county near the mid-
dle thereof — •

Resolved, That the said county, for tliis jiarticular purpose, be,
and it is hereby divided into two distinct and separate districts.
North and South, by the middle of the river; and that a committee,
to consist of J 3 i^ersons in each district, a majority of whom shall
be a quorum, shall be elected on the third Motiday in June next, at
such places in each district as tlie present committee shall appoint,
public notice of which, by advertisements, the Clerk is hereby
directed to give 20 days at least previous thereto, at not less than
two of the most public places in each district; and these elerctions
shall be conducted, and these committees so to be elected, regulated
and governed, by the same rules and restrictions now in force, made
and entered into for the purpose of instituting county committees
by the last Congress at Hillsborough, and also for amending the
same by this present Congress.

Resolved, That the committee of Pasquotank county, after the
third Monday of June next, be, and is hereby dissolved ; and that all
matters and things therein pendant, at that time undetermined, shall
be transferred to, and determined by the committee of the district
where such matter originated, with all the papers thereunto apper-

tammg.

Resolved, That the committees of both districts, be at large to
meet at any time or place where they themselves shall think proper.

586 COLONIAL RECORDS.

provided that tlie time and place of the first meeting of each of those
committees be fixed by the present committee before their dissolu-
tion. Provided- also, that the committees of each district may meet
at the court house on the days appointed for the first day of each .
court, to act in conjunction, and be consolidated.

liesolved, That Alexander McCortle be allowed £19 10s. for a wag-
gon, team and driver on the late expedition to Cross Creek against
the Tories; that the Treasurers, or either of them, pay him the same,
and 1)0 allowed in their accounts witli the public.

The committee appointed to settle the rations, and the price to be
allowed the Commissaries for victualling the army, are of opinion
that the Commissaries furnisli the troops t':e same rations and allow-
ance as directed by the Continental Congress, or money to the value,
in case any part of said allowance cannot be supplied; for which
the Commissaries shall receive lOd. per ration, they paying all nec-
essary carriage while their respective regiments remain in this
Province.

The House taking the same into consideration, concurred there-
with.

Resolved, Tliat tlie Treasurers, or each of them, supply each of
the Commissaries appointed l>y this Congress to the Continental
troops, stationed in this Province, the sum of £2000, they first giv-
ing bond and security, each in the sum of £10,000.

Resolved, That the Treasurers, or either of them, su})ply each of
the Commis.saries ajtpointed by this ('ongress to tho independent
companies stationed on the Sea coast, the sum of £250 for each com-
pany supplied by them, thoy fir.st giving bond and security, each in
the sum of £3000.

Resolved, That James Hepburn be fK'rmitted his parole to Char-
lotte town, in Mecklenburg county, with permission to go any where
witliin two miles distance from the .said town; and that he have .safe
conduct for liimsclf to go from Halifax to tho said town within two
weeks from this time, and ft)r his family and elfocts from Cro.ss Creek
to the said town of Charlotte within three months from this time.

Resolved, That if any person or persons .shall conceive himself or
them.solves aggrieved by any resolve, order, or determination, of the
Council of Safety, that in that case an nj^poal shall and may bo had
to tho no.xt Congress.

Resolved, That the commissioners appointed to jnirchase horses
in the district of Hillsborough, be, and are hereby impowered to

COLONIAL RECORDS. 587

draw upon the Treasurers, or either of them, for a sum not exceed-
ing £1300 and that each of the commissioners for the said district
give bond, with good and sufficient security, in the sum of £1000.

Resolved, That the commissioners appointed to purchase liorses
in the district of SaHsbury, be, and they are hereby impowered to
draw upon tlie Treasurers, or either of them, for a sum not exceed-
ing £2500 and that each of tlie commissioners for the said district
give bond, with good and .sufficient .security, in the sum of £1500.

Resolved, That if any person or persons shall conceive him.self or
themselves aggrieved by any resolve, order, or determination, of any
county or town committee, that in that case an appeal shall and
ma}' be had to the Council of Safety, and their determ-'nation shall
be final, first giving bond and security to prosecute such appeal with
effect.

Resolved, That the Commissaries for the militia now under march-
ing orders, be impowered to receive from the Commissary of Stores
a sufficient quantity of the provisions heretofore purchased on
account of the public to victual the said militia, and that such Com-
missaries be charged the price the same cost; and also that the
Treasurers be impowered to advance to each of the said Commis-
saries the sum of £200 on giving bond with security as heretofore
directed.

Resolved, That Mr Charles Jacocbs be appointed Commissary of
the militia for the district of Edenton when on actual march.

The Congress adjourned till to-morrow morning, eight o'clock.

Tuesday, May 14'^ 1776.

The Congress met according to adjournment.

Resolved, That the Quarter Master General, Nicholas Long, Esq.,
be directed to furnish the troops now marching to the assistance of
this Province from ^"irginia, with all barracks, waggons, provisions,
and such articles as may be necessary for them on their march from
this place to Cape Fear; and that on the arrival of the troops there.
Col. William Kennon act as Commissary to them, in case they have
no Commissary of their own.

Resolved, That Col. Nicholas Long be allowed £72 3s. 7d. for sun-
dry persons .standing on guard, rations, liquors, &c.s as per account;
that the Treasurer's, or either of them, pay him the same, and be
allowed in their accounts with the public.

588 COLONIAL RECORDS.

Resolved, That Alexander Long be allowed £o for going express
to Salisbury; that the Treasurers, or either of them, pay the same,
and be allowed in their accounts with the public.

Resolved, That tlie Treasurers be, and are hereby ordered to pay
to each of the Paymastei-s of the militia brigades one month's pay,
to be ascertained by producing to the Treasurer who shall pay the
money a roll, containing tlie names of all the ofHcers and soldiers
who shall begin their march on actual service, signed by the com-
manding officer of the respective battalions to which the said men
and oificcrs belong, and a li,-t of all tlie waggons which shall be
actually employed to attend the march, certified by the Waggon
Master, and countersigned b}' the commanding officers of the bat-
talions respectively; which rolls so signed and certified, together
with the order or receipt of the Paymaster, sliall be vouchers for the
Treasurer, who shall produce the same upon the settlement of bis
account with the public. And whereas detachments have been
ordered from each of the brigades of militia in this Colony by the
Congress, and it will 1)0 necessary that the Treasurers pay to such
Paymaster a sum of money necessary for one month's pay of the
said detachments, and of the waggons which may be requisite.

Resolved, That the Treasurers pay to the said Paymasters one
month's pay for such detachments as have been ordered from each
respecti\'e brigade, and one month's pay of waggons, at the i-ate of
one waggon for every 50 men in such detachments; provided, tliat
no commanding officer or "Waggon Master of any battalion shall
give more than one such roll or certificate to any Paymaster within
any one month during the same expedition, under the penalty of
£10,000.

Resolved, That George Davidson be allowed £39 for waggon hire
from Kowan to Cross Creek, in the expedition against the High-
landers; that the Treasurers, or either of them, pay him the same,
and be allowed in tlieir accounts with the public.

Resolved, That William Knox be allowed £32 5s. for waggon hire
from Rowan to Cross Creek, in the expedition against the Llighland-
ers; that the Treasurers, or either of them, pay him tlie same, and
be allowed in their accounts M'ith the public.

Resolved, That the Commissaries of the Continental army liave
power to take such provisions as they may tliink necessary for the
service from the' public stores, and that they account fur it at tlie
price wliich tlie commissioners charged, and that the same slsall be

COLONIAL RECORDS. 589

considered as so much money paid on account of the sum voted to
be advanced to them.

Resolved, That the stray books in the liands of Joseph Hughes
(the i>resent stray master) in Rowan, be immediately taken from
him, and put in the hands of John Graham, who is hereby appointed
to that office, and that he be allowed the same fees as are allowed
by the acts of Assembly in that case.

Resolved, That Alexander McAlister be appointed stray master
for the county of Cumberland, Nathaniel Richardson for the county
of Bladen, and John Dent for the county of Guilford, and that
they take possession of the books and jiapers belonging to the said
offices.

Resolved, That in case of the death, removal, resignation or dis-
qualification of any member of the Council of Safety, the remaining
members shall fill up the vacancy by electing one from the said dis-
trict.

Resolved, That the money allowed for discharging the claims of
the^ militia of the county of Orange, be paid into the hands of
Nathaniel Rochester, Esq., to be by him paid to the officers in whose
name the same was allowed, on the said officers giving to him the
paj' roll by which the same was allowed, or a copy thereof; which
pay roll shall be filed by the Secretary of this Congress.

Resolved, That the Commissary of Stores charge 15 per cent, on
all the stores which he shall furnish to any officer or soldier on his
private account, for the benefit of the public, to be applied towards
defraying incidental charges; and that the said Commissary furnish
the Paymaster with an account of all such stores so furnished every
month, to be deducted from the pay of the officer or soldier to whom
the same shall have been furnished.

Resolved, That the ensuing Congress shall be held at the town of
Halifax on the 10th day of November next, unless sooner ordered
and directed by the Council of Safety.

Resolved, That the Council of Safety have power to compel all
Sheriffs and other collectors of taxes and duties to account for all
sums of money for which they may be accountable, and to pay
the balances which shall appear due into the hands of the Treasurers.

Resolved, That Mr James Coor and Mr James Green, jun., be
appointed to revise and correct for the press the Journal of the pro-
ceedings of this Congress.

590 COLONIAL RECORDS.

Resolved, That the Secretary, as soon as the Congress rises, fur-
nish a fair copy of the Journal, and deliver the sam« to Mr James
Davis, who is desired to print and send five copies to each county,
to the delegates thereof, and one copy to eacli county and town com- .
mittee.

The committee appointed to take under consideration the petition
of Joseph Jones and Co. reported as follows : Your committee hav-
ing fully enquired into the facts set forth in the petition, are of
oi)inion that the same are just and true; but as there appears a
probability that some things may yet be saved, your committee are
of oi)inion that the nett loss cannot be ascertained until the amount
of such saved articles (salvage deducted) can be extracted from the
gross loss; and when the same can be done, and satisfactory proof
thereof made, your committee think the said Mess. Joseph Jones
and Co. should be considered as persons injured by the said John
Goodrich, to the amount of such nett loss. The estimate and bill
of lading are annexed, which are all submitted to the Congress.

The Hou.se taking the same into con.sideration, concurred there-
with.

Lesolved, That an election be l.eld in tlie county of Edgecombe,
first giving the usual notice in such cases, for electing a membtr in
.said county to sit and vote in Congress, in the room of Henry Irwin,
who is di.squalified by holding a commission in the military ser-
vice; that ihe same be conducted under the same rules and regula-
tions as elections heretofore taken, and the said election may be held
any time between the 10th day of June and the loth day of Octo-
ber, 1770.

Resolved, That the thanks of this House be given to the Hon.
Samuel Johnston, Esq., for his able, fiiithful and assiduous discharge
(if tiie high and inq)ortant duty of President of tliis Congress; hav-
ing in that, as in all other stations, ap{)roved himself the tirm and
liberal patron of liberty, and a wise and zealous Iriend and a.ssertor
of the rights of mankind.

()r(KTc(l, That the forcffoiu"; oi'ders and rcsdhitiims be signed and
ccrtilifd as tlie acts nf tlie Congress, by

SAMUEL JOHNSTON, President.

J.\.Mi:s (liiKKN, JiN., Sec'rv.

COLONIAL RECORDS. 591 .

[Reprinted from Jones' Defence of North Carolina. P. 281.]

Letter from Samuel .Johnston to .James Iredell. ^

T^ ^ Halifax, 2" Mav, 177(i.

Dear Sir,

"Affairs have taken a turn within a few day.s past. All ideas of
forming a permanent Constitution are at this time laid aside. It is
now propose/l for the present to establish a Council to sit constantly,
and County Committees to sit at certain fixed periods, but nothing
is concluded. AVe find it necessary to emit a very laige sum of
paper money at the present emergency; a circumstance which gives
me more concern than any thing else, and yet it seems unavoidable.
You can easily see the evils attending this measure. I am pretty
well this morning and have leave to be absent from the service of
the House in order to prepare my public accounts for a settlement.

Allen Jones is Vice-President."

tFiioji-MS. Rkcords in Office of Secretary of State.]

A Proclamation by Major General C linton of the King's forces.

Wliereas a most unprovoked and wicked rebellion hgth for some
time past prevailed, and doth now exist within His Majesty's Prov-
ince of North Carolina, and the inhabitants forgetting their Alle-
giance to their Sovereign, and denying the Authority of the Laws
and Statutes of the realm, have in a succession of Crim s ]iroceeded
to the total subversion of all legal authority, usurjjing the jwwers
of Government and erecting a tyranny in the hands of Congresses
and Committees of various denominations, utterly unkno\\n and
repugnant to the S[>irit of the I'litish Constitution, and divors peo-
[)le, in avowed defiance to all legal authority are now actually in
arms waging unnatural "War against their King.

And Whereas all attempts to reclaim the infatuated and mis-
guided multitude to a sense of their error have hitherto unliappily
proved inetfectuid, I have it in command to jiroceed f(.irtliwith
again.st all such Men or bodies of Men in Arms, and against all
such Congresses and Committees thus unlawfully established, as
against open enemies of the State. But considering it as a. duty
inseparable from the j rinciple of humanity first of all to forewa:n

592 COLONIAL RECORDS.

the Deluded People of the misories ever attendant upon Civil
"War, I do most earnestly entreat and exhort them as they tender
their own happiness and that of their Posterity to appease the Ven-
o-eance of an injured and justly incensed Nation by a return to
their duty to our common Sovereign, and to the blessings of a free
Government as established by Law, Hereby offering in His Majesty's
Name free Pardon to all such as shall lay down their Arms and
submit- to the Laws, excepting only from the benefit of such Pardon
Cornelius Harnett and Robert Howes. And I do hereby require
that the Pro\*incial Congress and all Committees of Safety and
other unlawful Associations be-dissolved, and the .Judges allowed to
hold their Courts according to the Laws and Constitution of this
Province; of which, all persons are required to take notice as they
will answer the contrary at their utmost Peril.

Given on board the Pallisscr Transport in Cape Fear river in the
Province of North Carolina this S"" day of May 1776, and in. the
Sinteenth Year of His Majesty's Reign.

H. CLINTON.

By Command of General Clinton

Rich'' Reeve Secretary.

God Save The King.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee for Rowan County.

May 7'^ 1776.

The Committee met according to adjournment.

Present: Sam' Young, Chairman ; .James Smitli, G. W. Barringer,
Alexander Dobbin, Josiah Rouncifer, John Dickey, Samuel Reed,
Gilbraith Falls, William Alexander, John Purviance, William Sharp,
Jonathan Hunt, Robert Moore, John Archibald, John Montgomery,
John Sloan, John Lewis Beard.

A Petition signed by 37 of Capt. A\'ork's Comjniny praying a
Nomination of other Officers in said Company or otherwise a new
Election, ])eing read —

Resolved, That oi\ Saturday, the 11"" Instant the said Company
conniianded by Capt. ^^''ork, shall meet at their common muster
ground and elect proper officers to command the same, and it is

COLONIAL RECORDS. 593

recommended that the said Company or such part as is required, do
hold themselves in Readiness to march, on the shortest notice in
case of an-Invasion of this province.

Ordered, That Martin Huckleberry has leave to take into his pos-
session as much of the goods and chattels of Thomas Carris as shall
be equal to the sum of £Q 9s. & lid. due to him, the Debtor being
removed 'out of this province.

Andrew Shields has leave to take into his possession the goods
and chattels of Hugh Cunningham absconded, or demand a hat
worth 40s. assumed by Thomas M°Guire. The whole equal to £i 10s.
and as security for said Debt.

Sam' Young has leave to retain the cash due to Hugh Cunning-
ham absconded, from the Public, as a satisfaction for a Debt of
£3 16s. — and if a overplus, deliver it to Shields, to indemnify him.

The Committee adjourned till tomorrow 6 o'clock.

May 8'^ 1776.

Committee met according to adjournment.

A Letter of Col. Armstrong of Surry to this Committee purj)ort-
ing that a Number of guns were taken during the Expedition from
the Inhabitants of Muddy Creek in said Count}', by the officers of
Roan, and requiring a Restoration of the same.

Resolved, As the taking said guns originated from the Committee
of Safety together with a subsequent order of General Court .Martial
at Cross Creek, the said guns are to be detained until furtlier order
be given thereon by the Committee of Safety.

Information being made, that Thomas Haggains has latel}'
expressed some things very unfi'iendly to American Liberty,
Therefore,

Resolved, That Capt. \Ym. Fro'hock immediately take his tire
arms if any, and cause his appearance before this Committee at
their next sitting, to answer such things as .'^hall be objected against
him, and have then and there .Joseph Renchoe, & Benjamin Hilgore,
Evidences.

Resolved, In Case our Delegates return from Congress, without
having made provision of gun-powder for the county, that the Chair-
man of this Committee apply to some of the neighbouring Colonies
for 500 w' of powder, and flints in jiroportion — and j^ledge the
credit of this Committee for payment of the same.

VOL. X — 38

594 COLONIAL RECORDS.

A letter from a number of young ladies in the County, directed
to the Chairman, requesting the approbation of the Committee to a
number of resolutions enclosed, entered into and signed hj the same
yuuiig ladies, being read.

Resolved, That this Committee present their cordial thanks to the
said young ladies for so spirited a performance; look upon these
resolutions to be sensible and polite; that they merit the honor and
are worthy the imitation of every young lady in America,

Tlie Committee adjourned till Cummittee in course.

SAMUEL YOUNG, Chairman.

Wii.Li.'^M SuARPE, Secretary.

[From MS. Records in Officij of Secretary of State.]

Report of Committee appointed to enquire into the conduct of insur-
gents and suspected jersons.

NnKTH ('AKcir.INA, )

Halifax. /

At a meeting of the Committee appointed by the Congress to
inquire into the conduct of the Lisurgents and other suspected
Per-sons.

Present: M"' Allen Jones, IVP -John Ashe, M' ^Nliles Harvey, M'
Thomas T5enbury, M' Nathaniel Rochester, M' GrifKth Rutherford,
M' Arthur Council, ]\P Whitmill Hill, M' Thomas Burke, AP Thomas
Person, M' .lolni Rand, M' Thomas .Jones and .\P Cornelius Harnett.

The Committee proceeded to the choice of a Chairman. Allen
Jones, Esquire was accordingly cliosen and James Glasgow was
appointed Clerk.

Your Connnittee have proceeded to inquire into the several charges
against tlie pri.soners now in Halifa.x, and from tlie confession of the
parties and the several witnesses examined on Oath, we find that the
said prisoners are of four different Denominations which yonr Com-
mittee are of opinion f-hould l>e chissed as follows, to wit:

First. Prisoners who liad .served in Congress.

Secondly. Pri.soners who had signed Tests or .\ssociations.

Thirdly. Prisonei-s who had been in .\rnis without such circum
.stances.

COLONIAL RECORDS. 595

Fourtli. rrisoners under f?u.spiciou.s circumstances, and respecting
each prisoner in particular your Committee Report as follows:

Your Committee are of Ojiinion that Farquard Campbell disre-
garding the sacred Obligations he had voluntarily entered into to
support the Liberty of America against all usurpations has Traitor-
ously and insidiously endeavoured to excite the Inhabitants of this
Colony to take arms and levy war in order to assist the avowed Ene-
mies thereof That when a prisoner on his parole of honor he gave
intelligence of the force and intention of the American Army under
Col" Caswell to the Enemy and advised them in what maimer they
might elude them — and that he is a Freeholder and lives in Cum-
lierland Count}'.

Tiiat Thomas Rutherford regai'dless of the said Obligations did
actually take up arms and lead forth to \var as Colonel of a Regi-
ment, a Division of men for the avowed purpose of assisting the
Enemies of America and tliat he is a Freeholder and lives in Cum-
berland Count}'.

'That Alexander McKay, regardless of the said obligations did
Actually take up arms and lead forth to war, a company of thirty
eight men, for the purpose aforesaid, and that he is a Freeholder
and lives in Cumberland County.

That James Hepburn regardless of the said obligations did actu-
ally take up Arms and go fortli to war as Secretary to (leneral
McDonald for the purpose aforesaid, that he is a freeholder and lives
in Cross Creek.

That Alexander Legate regardless of his having signed the Test
and As.sociation and his having -acted as a member of the Commit-
tee of Bladen County, did actually take up arms and lead forth to
war, as Captain, a company of eiglity men, for the purpose aforesaid.
That he is a Freeholder and lives in Bladen County.

That Alexander McDonald (Condrach) did actually take up arms
and go forth to war, as Maj(;r of a Regiment, for the purpose afore-
said.

That Alexander Morrison did actually take up Arms, and lead
forth to war, as Captain of a company, thirty five men, for the pur-
pose aforesaid.

'ihat Alexander MacDonald, son of King.sborough, did actually
take up arms and go forth to war, as a volunteer for th(.' j)urj)Ose
aforesaid, and that he lives in An.son Countv.

596 COLONIAL RECORDS.

That James MacDonald did actually take up Arms and lead forth
to War, as Captain of a Company, twenty-five Men for tiie purpose
aforesaid.

That Alexander M^Leod did actually take up Arms and lead forth
to War, as Captain of a Company, thirty-two Men for the purpose
aforesaid.

That .John MacDonald did Actually take up Arms and lead forth
to War, as Captain of a Company, l^'orty ]\Ien for the purpose afore-
said.

Tliat Alexander M°Leod did Actually take up Arms and lead forth
to AVar, as Captain of a Company, sixteen Men for the purpose afore-
■ said.

That Murdoch M'Askell did actually take up Arms and lead forth
to War, as Captain of a Company, thirty-four Men for the jiurpose
aforesaid.

That Alexander M^Leod did actually take up Arms and lead forth
to War, as Captain of a Company, sixteen men for the purpose
aforesaid.

That Jacob Pope did actually take up Arms and lead forth to
War, as Captain of a Company, forty-nine men for the purpose
aforesaid. That he is a Freeholder and lives in Bladen County.

That Angus MacDonald did actually take u[) Arms and lead
forth to War, as ('aiitain of a Comiiany, thirty men for the purpose
aforesaid.

That Neill M^Arthur did actually take up Arms, and lead forth
to War, as Cajitain of a Company, fifty-five men for the purpose
aforesaid. That he is a Freeholder and lives in Cross Creek.

That Francis Frasier did actually take up Arms and go forth to
War, as Adjutant to General MacDonald's Army, for the purpose
aforesaid, and that he lives in New Hanover County.

That Samuel Snead did actually take up Arms and go forth to
AVar, as Major of a Regiment, for the purpose aforesaid. That he is
a Freeholder and lives in Anson County.

That Lewis L'.wrey did actually take up .Vi'uis and go forth to
War, as Captain, for the purpose aforesaid. That he is a l-'reeholder
and lives in An.son County.

That James Mews did actually fake up Arms and lead forth to
War, as Captain <if a (\im])any (if Light hor.se, fifty-four men for
the purpose aforesaid. That he is a Freeholder and lives in Cum-
berland County.

COLONIAL RECORDS. 597

That John ]\PLeod did actuall}' take up Arms and lead forth to
"War, as Captain of a Company, thirty-five men for tlie purpose
aforesaid. That he is a freeholder and lives in Cumberland County.

That Thomas Wier did actually take up Arms and lead forth to
War, as Captain of a Company, thirty men for the purpose afore-
.said.

That .Jolm APKinzie did actually take up Arms and lead forth to
^Var, as Captain of a Company, forty-three men for the purpose
aforesaid. That he is a Freeholder, and lives in Cumberland
County.

That John Mulke.son did actually take up Arms and lead forth
to War, as Lieutenant of a Company, forty men for the purpose
aforesaid. That he hath a l?ond from a Person to make him a Title •
to the land whereon he lives in Cumberland County.

That Morris Nowland did actually take up Arms and lead forth
to War, as Captain of a Companj^, twenty men for the purpose afore-
said. That he is a Freeholder, and lives in Cross Creek.

That Nathaniel Stead did actually take up Arms and lead forth
to War as Captain of a Company of Forty seven Men for the pur-
pose aforesaid. That he is a Freeholder and lives in Anson County.

That William Garner did actually take up Arms and lead forth
to War as Captain of a Company seventy three men for the purpose
aforesaid. That he is a Freeholder and lives in Cumberland County.

That Kennith Macdonald did actually take up Arms and go forth
to War as aide de camp to General Macdonald for the purpose
aforesaid.

That Aaron A'erdie did actually lake up Arms and go forth to
War as Waggon ]\Iaster to General Macdonalds Army for the pur-
pose aforesaid.

That Murdoch M^Leod did actuallj^ take up Arms and go forth to
War, as Surgeon to General Macdonalds Army for the purpose
aforesaid. That he is a Freeholder and lives in Anson County.

That John Smith did actually take up Arms and go forth to War,
as adjutant to General Macdonalds Army for the purpose aforesaid.
That he is a Freeholder and lives in Anson Count)'.

That D'Arcy Fowler did actually take up Arms and go forth to
War as a Volunteer for the purpose aforesaid.

That Donald M°Leod did actually take up Arms and go forth to
AVar as a Lieutenant in Cap' ^Morrison's Company for the purpose
aforesaid.

598 COLONIAL RECORDS.

That Norman jNPLeod did actually take up Arms and go forth to
War as Ensign in Cap' James McDonalds Company for the purpose
aforesaid. That he is a Freeholder and lives in Anson County.

That .John M'^Lcod did actually take up Arms and go forth to
War, as Lieutenant in Cap' James Macdonalds Company for the
purpose aforesaid ; that he is a Freeholder and lives in Anson
County.

That Laughlin M'Kinnen did actually take up Arms and go forth
to War, as Lieutenant in Col" Rutherfords Core, for the purpose
aforesaid; that he is a Freeholder and lives in Cumberland County.

That Thomas Bradford did actually take up Arms, and go forth
to War, as a Volunteer for the purpose aforesaid.

That James Munroe did actually take up Arms and lead forth to
War as Lieutenant in Cap' Ray's Company fifty men for the purpose
aforesaid. That he is a freeholder and lives in Cumberland County.

TJiat Donald Morrison did actually take uji Arnis and go forth to
WaV, as Ensign to Capt' jNIorrisons Company, for the purpose , afore-
said.

That John M°Leod did actually take up Arms and go forth to
War, as Ensign to Cap' Morrison's Company for tlie purpose afore-
said.

That Archibald M^Eachern did actually take up Arms and go
forth to War as Lieutenant to Cap' M°Arthur's Con^kpany for the
purpose aforesaid. That he is a Freeholder and lives in Bladen
County.

That Rory MTvinnen did actually take up Arms, and go forth to
War, as A'oluntecr for the purpose aforesaid. That he is a freeholder
and lives in Anson County

That Donald APLeod did actually take up Arms and go forth to
War, as Quarter Master to two Regiments in General McDonalds
iVrmy, for the puri)ose aforesaid. That he is a Freeholder and lives
in Cumberland County.

That Donald Stuart did actually take up Arms and go forth to
War, as a Quarter Master to Col° Rutlierford's Regiment for the pur-
pose aforesaid.

That Seymore York did actually take up Arms, and lead fortli to
War, as Captain of a Com"pany thirty four Mqu for the purjiose
aforesaid. That lie is a Frceliolder and lives in Guilford County.

Tiiat William Drajier did actually take up Arms, and go forth to
War, in Cajitain Reads Company fur tlie purpose aforesaid.

COLONIAL RECORDS. 599

That Matthias Sapinfield did actually take up arms and lead forth
to War as Captain of a Company seven men for the purpose afore-
said. That he is a Freeholder and lives in Rowan County. That
he signed the Test and Association & took the Oath prescribed by
tlie committee of Rowan.

That Samuel Diviney did actually take up Arms and go forth to
War for the purpose aforesaid. That he was one of the Company
that shot Cap' Dent.

That Stephen Lisncy did actually take up Arms and go forth
to "War for the purpose aforesaid. That he was one of the Com-
pany that shot Cap' Dent.

That William Shannon did actually take up Arm.s and go forth
to War for the purpose aforesaid.

That Frederick Craft did actually take up Arms, and go forth to
War, for the purpose aforesaid. That he was one of the Company
that shot Cap' Dent.

That William Field regardless of the Solemn Assurances by him
given to observe a strict neutrality did actually take up Arms and
lead forth. to War as Colonel a division of Men for the purpose
aforesaid. That he is a Freeholder and lives in Guilford County.

That Jeremiah Field did actually take up Arms and go forth to
War for the purpose aforesaid.

That Robert Field did actually take up Arms and lead forth to
War as Captain of a Company sixty men for the purpose aforesaid.
That he is a Freeholder and lives in Guilford County.

That .Joseph Field did actually take up Arms and go forth to
War as Lieutenant to Robert Fields for the purpose aforesaid.
Tiiat he is a Freeholder and lives in Guilford Count}-.

That Robert Turner did actually take up arms and lead forth to
war as captain of a company of eighteen men, for the purpose afore-
said.

That William Armfield did actually take up Arms and go forth
to War for the purpose aforesaid. That he lives on Lords Land in
Guilford County.

That Stephen Parker did actually take up Arms and go forth to
AVar for the purpose aforesaid.

That Allen Macdonald, of Kingsborough, did actually take up
Arms and lead forth to War as Colonel of a Regiment a Division of
Men for the purpose aforesaid. That he is a Freeholder and lives
in Anson Countv.

600 COLONIAL RECORDS.

That John Bethune did actually take up Arms and march as
Chaplain to General Macdonald's Army for the purpose aforesaid.

That John Piles did actually take up Arms and lead forth to War,
as Captain of a Company Fifty men for the purpose aforesaid; that
he is a Freeholder and lives in Chatham County.

That John Piles jun' did actually take up Arras and go forth to
War for the purpose aforesaid.

That William Bradford did actually take up Arms and go forth
to War, for the purpose aforesaid.

That Thomas Bradford did actually take up Arms and go forth
to War as Ensign in Capt. Garner's Companj^ for the purpose aforesaid.

That David Jackson did actually take up Arms and lead forth to
War as Captain of a Company forty four men for the purpose afore-
said. That he is a freeholder and lives in Guilford Count}'.

That Enoch Bradley did actually take up Arms and lead forth to
War as Captain of a Company of Light horse thirteen men for the
purpose aforesaid ; that he hath entered and surveyed a tract of Land
in Orange & Chatham.

Tliat John Downing did actually take up Arms and go forth to
War as Ensign to Capt. Seymore Yorke's Company for the purj^ose
aforesaid; that he is a Freeholder in Guilford and Orange and lives
in Guilford County.

That Duncan S' Clair did actually take up Arms and go forth to
War for the i>urpose aforesaid.

That Robinson Yorke did actually take up Arms and lead forth
to War as Captain of a Company twenty seven men for the purpose
aforesaid.

That Daniel APDaniel did actually take up Arms and go forth to
War as Lieutenant in Seymore Yorke's Company for the purjiose
aforesaid.

That Alexander M°Raw did actually take up Arms and lead forth
to War as Captain of a Company forty seven men for the purpose
aforesaid ; that he is a Freeholder and lives in Anson County.

That John Simmons did actually take up Arms and go forth to
War for the purpose aforesaid.

That Kenneth Stuart did actually take up Arms and go forth to
War as Lieutenant in Capt. Stuart's Ct)inpany for tiie purpose afore-
said.

That Collin M°Iver did actually take uj) Arms and go forth to
War as Lieutenant in Cajit. Lcggate's Company for the purpose
aforesaid.

COLONIAL RECORDS. GOl

That John Doak did actually take up arms and go forth to War
as Captain of a Company for the purpose aforesaid.

That .Jose])h Dobson did actually take up Arms and go forth to
War as a Soldier in a Cap' Field's Company for the purpose aforesaid.

That Michael Holt did actually take up Arms and lead forth to
War, as Captain of a Company of thirty men for the purpose afore-
said; that he is a Freeholder and lives in Orange county.

In Congress, 20"' April, 1776.

The foregoing reports were read and concurred with and ordered to
be referred to tlie Committee of Secrecy, Intelligence and Observation.
. By order JAS. GREEN, .JuN^ Sec^.

■ Your Committee further report

That .James Low did actual!}' take,up Arms and go forth to War as
a Common Soldier for the avowed purpose of assisting the Enemies
of America and that he was one of the Company who shot Captain
Dent.

That Robert Adams did actually take up Arms and go forth to
War as a Common Soldier for the purpose aforesaid and that he was
one of the Company that shot Cajjtain Dent. '

That George Blair, a Captain appointed by Lord Dunmore to
command a Company in a Regiment of new Levies called the
Queen 's^Royal Regiment, did by Order of his Lordship go on Board
a Tender for the avowed Purpose of seizing as prizes of War all
vessels coming to or going from America; that they came within
Occacock Bar in search of Provisions and were there taken by pilots
belonging to that place.

That Charles Robb, mate of the ship y\llliam belonging to Lewis-
ton in ^Maryland and seized by Lord Dunmore, was ordered on
Board said_,Tender by his Lordship for the purpose aforesaid and
was taken in said Tender by the pilots at Occacock.

That Thomas Douglass, a IMidshipman of said Tender, was on
Board for the purpose aforesaid, and was taken in the said Tender
by the pilots as aforesaid.

That Thomas blander, a Soldier belonging to the IJ"" Regiment,
was Ordered on Board the said Tender by Lord Dunmore for the
purpose as aforesaid and was taken as aforesaifl.

That John Goodrich, late of Portsmouth in A'irginia, was in the
Actual service of Lord Dunmore for the avowed purpose of annoy-

G02 COLONIAL RECORDS.

ing the Sea Coasts and seizing the Ships Bound to and from
America; that in the said Service he Commanded a certain Tender
called the Lillij under the Superior Conduct of a certain Lieutenant
Jolm Wright of tlie British Navy, who commanded an armed.
Sloop called the Fincasfle; that during liis Command of the LiHiJ
and under the conduct aforesaid he seized as prizes of War divers
Vessels outward Bound from this Colony. It also appears to your
Committee that the said John Goodricli was superintending Pilot
on Board the OfUr Man of War, when she sailed up Chesapeak Bay
for the Purpose of Burning the vessels at Baltimore and if resisted,
the Town of Baltimore; that from his knowledge of the Sea Coasts
and various Inlets into the different maritime Colonies, he is capable
of being made a dangerous Instrument in the hands of our Enemies,
and He thinks himself bound to serve and obey them implicitly
because he has some considerable property under ibeir power.

That Alexander Maclaine did actually take up Arms and go forth
to war as Commissary to Gen' APDonald's Army for the avowed [lur-
posc of assisting the Enemies of America.

That Thomas Collins did actually take up Arms and go forth to
war as a volunteer for the purpose aforesaid. That he is a Free-
holder and lives in C'umberland County.

Tiiat George Mylne was intrusted with the gun powder which
belonged to the Committee of Cumberland, whicli powder the said
George Mylne supplied Gen' McDonald's Army witli.

That Conner Dcrtvd did actually give an Order du Edward Wins-
low to deliver to Alexander Maclaine for the use of Brigadier Gen-
eral McDonald's Army 27 Barrels of Beef, and 25 Barrt'ls of Pork.
That he is a Freeholder and lives in Cumberland County.

That Peter Ifay delivered to W" Campbell for the use of Gen'
McDonald's Army, a barrel of powder. Tliat he bore the Colours
^vhich was afterwards Erected as a standard in Cross Creek from
Campbelton.

That Robert Gillies had about nne luindri'd weight of gun p(.iwder
which tlie Tories took from him. That lie did not interfere on cither
side I'or fear of a large property in his hands belonging to bis
employers.

That Angus Campj^jcll did actually take uj» .Vrms and lead forth
to war, as Captain of a companj', thirty men for the avowed purpose
of assisting the Enemies of America.

Tliat Alexander Stuart did actually take up Arms and lead forth

COLONIAL RECORDS. 603

to war, as Captain of a Company, thirty men for the purpose afore-
said.

That William Austin did actually take up Arms and go forth to
war as a common soldier under John Piles for the avowed purpose
of Assisting the Enemies of America.

That James Thomas did actually take up Ar-ms and go forth to
war as a common soldier for the purpose afore.said.

That Hugh M'^Donald did actually take up Arms and go forth to
war as a volunteer for the purpose aforesaid. That he is a Free-
holder and lives in Anson County.

That John McDonald did actually take up Arms and go forth to
war as a common soldier for the purpose aforesaid.

That Daniel Cameron did actually take up Arms and go forth to
war as a common soldier for the purpose aforesaid.

That Daniel ]\PLean did actually take up Arms and go forth to
war as Lieutenant to Angus Campbell's company in the late Insurrec-
tion for the purpose aforesaid and that he is a Freeholder and lives
in Cumberland County.

That John Hunter Lieutenant to a com})any commanded by Cap-
tain Hunter who was appointed by Lord Dunmore in a New Regi-
ment of Levies did go on Board a Tender called the Lilly com-
manded by Cap' Goodrich who went a cruize for the avowed pur-
pose of seizing,as prizes of war vessels belonging to America, that
they came within Occacock Bar and seized a vessel belonging to Ar
Jones of this Province on Board which the said Hunter was taken
by the Pilots belonging to that place.

That Malcolm jNLNeill did actually excite encourage and en-
deavour to hire Daniel Treadaway to repair to the King's standard
at Cross Creek and take up .Arms against America under Gen'
^M'Donald. That he allured James M°Eahon into Gen' ]\LDonald's
Company's Council, and then with a gun compelled the said
M°Eahon to disclose intelligence which he was sworn to keep secret
by Capt. Folesom. That he hath been active on the side of Govern-
ment in the late Insurrection and your Committee are of ojiinion
that the said McNeill's sentiment.^! are truly inimical to the Liberties
of America. ALLEN JONES, Chairman.

Halifax, 10'" May, 177G.

The foregoing reports of enr|uiry were read in Open Congress &
concurred therewith.

By order. Ja° Green, Jux., Sec''.

604 COLONIAL RECORDS.

[Frou MS. Records in Office of Secretary of State.]

Affidavit About one Y\'illiaia Miller.

North Cakolixa, ]
New Hanover County, j

On the fifteenth day of May, 1776, Personally appeared before me,
William Purvianco, one of the Justices of the said County, David
Ketcham, who being duly sworn on the holy Evangelists of .Vlmighty
God, did depose and say that in a Conversation he had with "William
Miller on or about the eighth day of this Instant May, he asked the
said Miller what News ; he answered, no News particular, but that
there were a great many of the King's forces come in. He said that
the common People had been led into an Error b}' some cunning
and designing Men who -wanted to advance themselves into Places
of profit and honour, and that many People now began to be con-
.vinced of their Error, and tliat many of the Officers were aliout
resigning their Commissions after what had passed. This deponent
then asked the said William Miller whether the People would suff'er
the Troops to land, lie answered they might as well, for it was
only the leaders they wanted, and said the^' might as vicll or had
better deliver them up, and further this deponent saitii not.

DAVID KETCHAM.

Sworn before me this 15"' Day Ma_y, 1776.

W" PUKVIANCE.

Letter from Jose[)h Hewes delegate in Congress from North Carolina

to Samuel .Johnston.

Piiir^ADKLi'iiiA, IG"' JNIay, 1776.
Dear Sir,

I have had the honor to receive your several favours of the
lO"", 13"', lo"*, & 17"' ultimo enclosing sundry resolutions of your
Congress. I took the earliest opportunity to lay those papers before
Congress and liave now the pleasure to inform you they have taken
your Six Regiments into Continental Service, appointed Nicholas
Long Esq'' dei)uty (juarter master general with the rank of Colonel,
ordered Twelve field pieces to be procured and sent to you, also

COLONIAL RECORDS. 605

Three Tons of Powder, Six Chests of Medicines, and one hundred
weight of bark.

I urged the necessity of taking your Hght Horse into their service,
but could not prevail on them to do it, no colonies having been yet
allowed to raise any on Continental pay, it is said they are very
expensive Troops and of little use in this Contest. I am informed a
Company or two were raised in South Carolina but being found by
exjierience to be too expensive the Horses were discharged and the
men turned into the ranks of foot Jvcgiments. I had it not in
charge from you to make application for any Powder or Medicines,
but apprehending they would be wanted I took the liberty to apply
for them, the three Tons of Powder in Twenty five barrels went off
yesterday in three "Waggots for Halifax, the Medicines will be sent
off next week. I hope these matters will meet the approbation of
your Congress; should you want Drums, Colours, Shoes, Stockings'
and Blankets for your Soldiers I believe some might be procured
here, Cannon fitt for field pieces cannot be purchased at any price,
before the resolution passed in Congress to procure and send Can-
non, or I had received your Orders, I had done my utmost to
get them. I had Contracted with a person to Cast Twenty ftmr
double fortified four jwunders which will do either _for field pieces
or Ship Guns, they are not yet done nor can I say when they will.
I can only say tliat nothing on my part shall be wanting to get
them soon as possible.

I send you enclosed the Commissions for the field Officers of the
Six Regiments and for Colonel Long, the Resolutions of Congress
respecting the several matters before mentioned also a resolution
that passed yesterda}' together with sundry otlier papers.

My endeavours to got a few ]Muskets for your Troops have.
' hitherto been fruitless it is impossible to procure any here at this time
many of the Continental Ti'oops in this City and in New York are
without any, we are greatly distressed on that account, some of our
Vessels have returned without any, some have brought a few, and
very few, and several that were expected with a Considerable quan-
tity are missing supposed to be taken by our Enemies, everj' effort
is exerted to get them made in these Colonies but this Source falls
exceedingly short of our demands, however we have some Vessels
out that may be expected about this time and we hope they will
arrive safe with a seasonable supply.

OOG COLONIAL RECORDS.

A few days ago Thirteen Row Gallics built at the expense of
this Province each carrying one Eighteen pounder attacked the
Roebuck & Liverpool Men of War in the River about Twenty Miles
below and obliged thera to return to tlie Capes in a shattered con-
dition it is tliought if they had been i'ully supplied witli powder
& Ball they would have destroyed those Ships, the Boats expended
in the engagement about four Tons of powder, the report of this
day is that the ships are gone out to sea supposed to be to Halifax
in Virginia to repair the damage they received in this action, for
other news I beg leave to refer you to the papers inclosed.
I am with great respect & esteem

Dear Sir
> Your mo. oVied. hum. Ser.

JOSEPH HEWES.

I Reprinted fkom R,\:^isay"s Histoky of Tennessee. P. 147.]

Letter from Henry Stuart, Deputy Indian Agent, to tlie settlers in
Watauga h.

W.\TT.\GA — This day Natlian Reed came before me, one of the
Justices for \\'attaga and made oath on tlie Holy Evangelists of
Almighty (Jod that a stranger came up to Charles Robertson's gate
yesterday -evening — who he was ho did not know — and delivered
a letter of whicli this is a true copy. .JOHN CARTER.

Sworn beiViiv me tlie 19"' May, 177().

Attest: J.VMKS Smith.

■(iKXTI.K.MKN:

S(Mne time ago Mr Cameron an<l myself wrote you a letter by Mr
Tliomas and enclosed a talk wt' had with the Indians respecting the
purchase wliich i.-^ reported you hitely made nl' them nn the Ri\ers
Wattaga, NoUichucki'y, etc. We are since informed tiiat you are
under great a|i])reiiensions of the Indians doing mischief imme-
diately. 1 ut it is not the desire of his Majesty to set his friends
and allies, the Indians, on his liege subjects. Therefore whoever
ynu ai'e that are willing to jo n his .Majestys forces as soon as they
arrive at the Cherokee Nation, by repairing to the King's Standard,
shall lliid protection for themselves an<l families and be free iVom

COLONIAL RECORDS. 607

all danger whatever ; yet that his Majesty's officers may be certain
which of you are willing to take up arms in his ALajesty's just right,
I have thought fit to recomniend it to you and every one that is
desirous of preventing inevitable ruin to themselves and families
immediately to subscribe a written pajier acknowledging tlieir alle-
giance to his Majesty, King George, and that they are ready and
willing whenever they arc called on, to appear in arms in defence of
the British right in America; which paper, as soon as it is signed
and sent to me by safe hand; should any of the inhabitants be
desirous of knowing how they are to be free from every kind of
insult and danger inform them that his Majesty will immediately
land an army in West Florida, march them through the Creek to
the Chickasaw Nation where five hundred warriors from each nation
are to join them and thcu come by Chota who have promised their
assistance, and there to take possession of the Frontiers of North
Carolina and A^irginia at the same time that his Majesty's forces
make a diversion on the seacoast of these Provinces If any of the
inhabitants have any beef, cattle, flour, pork or horses to spare, they
shall have a good price for them by applying to us as soon as his
Majesty's troops are embodied. I am yours &c.,

HENRY STUART.

[B. P. R. O. Am. & VV. IND. Vol. 3^0.]

Letter from .lohn Stuart, Indian Agent, to Lord Germain.

Cock's Spur in Georgia, 20''' May, 1770.
My Lord,

I had the honour of writing to your Lordship the 22'"^ March
from Cape Fear River.

I remained at Cape Fear untill the arrival of the Troops, as Gen-
eral Clinton thought my so doing necessary. Upon the 8"' of this
month I sailed from thence and arrived here yesterday in the
Hui-Iiin'iroiit armed ves.sel, in which I proceed immediatelv to
Saint Augustine and from thence to Pensacola.

During my stay at Cape Fear I was cut oft' from any correspond-
ence with my Deputies in the Indian Countries, and of course
received no intollgence oi' Indian Affairs. Since my arrival here I
liave been t'ld that the Indian Agents appointed by the Continental
Congress have bad niei tings with the Creek and Cherokee Indians,

608 COLONIAL RECORDS.

at which a great many of each nation attended and engaged to
remain neuter in the quarrel between Great Britain and her Colo-
nies, notwithstanding which I do not despair of getting them to act
for His ^Majesty's service when deemed necessary.

xVs I have no instructions from General Howe or General Clinton
to employ the Indians, and as no plan for my Government has been
communicated to me, I sliall use my utmost endeavours to keep the
Indians in temper and disposed to act wlien rerpiired, without
attempting anything further untilljl sliall first have been honoured
with your Lordship's or said Generals' orders.

I have the honour, &c.,

JOHN STUART.

[From MS. Records in Office of Secretary of State.]

Report of the Iron Works Commissioners to the Council of Safety.

We the Commissioners and Trustees to Hire the Iron Works of
Jn" W^ilcocks or purchase those in Guilford, Having met at the s''
Wilcocks's Blumery & furnace and viewed and taken the Same into
Consideration, find ourselves by the Resolve of Congress in some
measure Restricted and Confined, in Contracting with the said
Wilcocks upon the terms we apprehend most advantageous to the
public, which is in taking Security upon tliis Estate and assisting
him with some money to Compleat the s'^ furnace, ttc. We have
Hired him the Negroes for the u.sc of the Public at the Rate of Two
Hundred pounds '^ annum, for a longer or shorter time. All which
we hope will meet with your approliation; the Restrictions we are
under Relative to the premises we sulmiit to your Consideration and
trust you will give such Instructions on that point as may wari'ant
us to do what we Humbly Submit to you e*v: Conceive to be most
Beneficial to the Rublic Int.

We are Gent" with Real Regard,

y m' 01/ Hum''" Serv"

THOMAS PERSON
iMAlUTN FIFER
AMBROSE RAMSEY
Chatham Count v, June T' 1770.

COLONIAL RECORDS. 609

[B. P. R. O. Am. & W. IND.: No. Carolina. No. 222.]

Letter from Lord George Germain to Governor Martin.

Whitehall, 14'" June, 1776.
Sir,

Tlie misfortune which happened to the Duke of Cumberland
Packet Boat on her return from America has deprived me of the
Dispatches which I am informed by the Master you had put on
Board her, and as I am without any Information of the state of
things in the Southern Colonies, I am unable to give you any
Instructions by this Packet which is principally dispatched for the
purpose of affording you and his ^Majesty's other servants in the
Southern Colonies an opportunitj' of transmitting an account of
such Occurrences as you shall judge it of imjjortauce to communi-
cate to me for his Majestj^'s information.

We are very impatient to hear of the arrival of Sir Peter Parker
and Lord Cornwallis with the Fleet and Troops under their com-
mand, as we have great hopes some happy effects will attend their
operations, altho' the season of the year will not admit of their con-
tinuing long with you.

The Enclosed Gazette Extraordinary will inform you that the
seige of Quebec has been raised by the succours sent from hence,
and I have the further pleasure to acquaint you that the Troops
under Gen' Burgoyne which are destined to act against the Rebels
on that side were met in the River S' Lawrence by the ship wliich
brought the Account from Quebec

I am &c:
GEO: GERMAIN.

[From MS. Rf.cords ix Office of Siscretary of State.]

Letter from the Safety Committee in Tryon County to the Safety
Committee in Rowan County.

Gfxtelmex of the Commity of Ilow.^x County,

With these we send \ ou under gard Ambrous Mills one of the
greatest Enemys of our pese in Tryon County a companion of Rob-
in.son, and Been lying out in the mountens since before the South
VOL. X — 39

610 COLONIAL RECORDS.

Carolina campaign; has held a Coraspondence with Camron; has
acknowledged himself to have been in the Lidian Nations, he
Seems Simple but is Subtile and Lisinuating and has had Influence
enough to pradgudise not only his nighbours but many at a great .
distance against the Cause of Ameracin liberty, in Short his Char-
acter is so netorious that we expact that every gentelnian in Rowan
is acquainted with it and we hojie that he will be confind till he
has a fare tryel in every article above mentioned and a great deal
more can be proved against him when required. • For further per-
ticquelers In(|uire of Cp' Cook Commander of this gaurd ; for fear of
a Resque we will not inform you of our own Circumstances Imt
hope M' Cook will think to inform you.

We arc gentelmeu with great Respact

Your most obedient Humble Sarvents,

.lOIIN WALKER
JAS. APENTIRE
GEORGE BLACK
.lune 12'\ 1776. JAS COOK

We have sent the deposition of Robert Ranken, a worthy man of
tliis nevbourliOMd tliat may be dei)eniled on.

To Till'; CoiMiO.Noii OK KEi:ri:K ok thi': PrBLicK Goi.e for the

DiSTKir OK S.U.ISBl'RY,

We Do hereby Require you to Take into your Costeday the above
named Ambrous Mills a Netorious otfender against the Commin
Cans of america and hirn Safely Kee[> in the Publick (Jole until
Discharged by Order of Congress or Committe.
Given under our Hands this lo"' of .June 177('>.

iMATTHEW L()(Jv
GRIFFITPI RUTHERFORD.

IFiiOM MS. Uf.cords in Office of SFCRKTAitv of ,Stati;. 1

Letter from Col. Wm. Bryan to Brigadier (ieneral Ashe.

.lolINSTON CofNTV, 12"' .JuUC 177i''.

Sir,

Agreeable to resolves of the Congress I have Drafted the number
of men required from t'lis County though we site of some Difficul-

COLONIAL RECORDS. 611

ties that has prevented their inarch as soon as. I intended; some of
our men Obstinately refuses to mareli & says they will die before
they will go. The next is the Congress having made no provisions
how the militia shall be furnislied with arms. I have Lideavoured
to borrow or hire Guns though in vain ; I then ordered the Capt" to
send out his Sargants to press Guns, but the people Hides their guns
and would not show them and says They don't know how soon they
may have Occasion to turn out with them thereselvcs ; the Congress
Appointed a Committee in this County to purchase all the Spare arms
in the County and they have Purchased the arms so close that it is
Impossible to furnish the militia with arras; another bad Sircum-
stauce is Several of Our militia after Drafted Hired persons to take
there plases by Giving five or six pounds to Go in there roomes and
then Inlisted themselves in the regular Service. There is one Robert
Dodd who was Inlisted in the regular Service as Drummer under
Capt" Ward finding there was a Chance to Git Something-applies to
his Captain and under a Sham Pretence his Captain pretends to
Discharge him and alter taking five pounds from another man to
Go in his Room then Gows to his Captain again and lists in the
regular Service again. If this Method of behaving by men and
Officers is allowed of, then there is no possibility of raising or
making a Company compleat; for further Intelligance of the mat-
ter Inquire of Captain jVPCulle s who Carreys this Letter. I should
be Glad to have that matter layed before the Council as we may
know hov,- to proceed. A^'e have Several Obstonate Persons in this
County, and I believe they are Great Toreys in their hartes ; they are
Constantly Sowing Sedition in the minds of the people. I should
be Glad the lite Hor-se Could be Directed to take a turn through our
County. I believe if there Could be a few of the heads of them
subdued it would be of Great Service to the County. I have So
Little Dependance in the militia, that I don't think Conveniant to
undertake to subdue tliem that way.

I am Sir witli Great IJespect

Your Humble Serv'

WM. BRYAN.

61-2 COLONIAL RECORDS.

[From the Vestry Book of St. Paul's Parish]

Proceedings of a \'cstrv meeting in St. Paul's Parish on 19* June;
1776.

Be it remembered that the Freeholders of St. Paul's Parish met
the Sheriff at the Court House in Edenton on Monday the h"" of
April, then & there pursuant to an Act of Assembly did Elect the
following Persons to serve as A'cstry men for one year (agreeable to
resolve of the Provincial Congre.ss held at Halifax the 2^ April and
Qualifie<l agreeable thereto) Viz': Thomas Bonner, W" Boyd,
Thomas Benbury, Jacob Hunter, John Beasley, W" Bennett, W"
Roberts, Rich"' Hoskins, David Rice, Aaron Plill, Pelatiah Walton,
W" Hinton.

We, the Subscribers, professing our Allegiance to the King and
acknowledging the Constitutional executive power of Government
do solemnly profess, testify and declare that we do absolutely believe
that neither the Parliament of Great Britain nor any Member or
constituent Branch thereof have a right to imjiose Taxes upon these
Colonies to regulate the internal Policy thereof; and that all
attempts by Fraud or Force to establish and exercise sueli claims &
Powers are ^"iolations of the Peace and Security of the People aud
ouglit to be resisted to the utmo.st, and that the People of this
Pr.'vince, singly and collectively, are bound by the Acts and Reso-
lutions of the Continental aud the Provincial Congressea because in
both they are freely represented by persons chosen by themselves,
and we do Solenndy and Sincerely promise and engage under the
Sanction of Virtue, Honor and the Sacred Love of Liberty and our
Country, to Maintain & Support all and every, the Acts, Resolutions
& Regulations of the T^aid Continental & Provincial Congresses to
the utmost of our power and ability. Li Testimony whereof we
have hereto set our hands, this 19"" of June, 1770.
RICH" HOSKINS AV" BOYD

DAVID RICE • TIIOS. BENBURY

AARON HILL JACOB HUNTER

PELATIAH WALTON JOIIN BEASLEY'

W"- HINTON WILL'" BENNETT

THOS. BONNER WILLIAM ROBERTS.

COLONIAL RECORDS. 613

[From MS. Records in Office of Secretary of State.]

Letters from Captain Purviance to the Council of Safety.

Deep Inlet, Sunday Morning, .June 23'', 1770.
Dear Sir,

On my retturn from New river I did myself the pleashure to for-
ward \'0u a Line by your boy to Inform you what I had then dun.
I am hopefull from Expectations I have of Willey the Sargeant
sent to Onslow added to what I have dun that the M'hole of the
Company is nearly fild, on the Upper Station of deep inlett; is
Engaged at this Day 18 men. It is hardly to be Expected I could
goe on this service at this time without Graite trouble and Expense.
Men to be raised without Bounty witliout advance or any Cloathing
not even Blankets w** I am hopefull will be thought reasonable to
allow for the security of the men in winter, add to this men who I
had Grait hopes to raise out of my former Militia now left dis-
gusted from not being paid nor their accounts allowed on w*" one
other Sircumstance stands against me in their sight. My being-
obliged to resign and Quit them to a person who I canot think fitt
should I be inclined to perswaid them to the contraiy, in the recruit-
ing service 10s. is allowd the officer to defray his necessary Expense
and enable him to appear more Chearfull to them by giving some
small acknowledgement even in a Drink though I have it not well in
my power yet it has not Ben omitted so far as I was able and indeed
ought to be thought of for me. Midletons department is the only
place where men are not to be had Easy so that the Ten from New
river under Willey is intended for that place. Grait part is now on
foot and Provetions Scearse I have sent to Doatey who will not act, no
wonder when fresh Beef is not Less than 4d. to 6d. ^ ft and
Flower in proportion so higli and scearse that I am Certain adding
the Cost & Expense of Carting down and Boating to the different
Stations r2d. "^ Day will not supply them, in the meantime pro-
vetions not to be had on those very high terms without Cash and no
provetion made for to enable me to purchass it makes the task very
disagreeable. I know of no person this way willing to fill the
vacancy Saive M' Hostler a person Very Capable from his con-
nections in the provetions way and his willingness to be near where
I am. If he sh'' be apointed I am hopefull he will act, at present he

614 COLONIAL RECORDS.

has sent for me to Cross creek to procure 12 bP Porke 12 Ditt Flower
aud 50 Bushells Corn sh^ it come in a short time it will be off much
Service. M' Toomer has with Grait perswasiun promised me the
Lone of thr. e hundred w' Bread and Two Barrels of porke as M'
Dunbibin goes with part of the New Llanover accounts I send Cer-
(ificats of the Time the field Officers scrv" and it is my Earnest
request youU take out the Certificat for me for the Cannon from
Green and forward if there, if not doe Please to send a Line by Duv-
bibin for Green w"" I'll forward to Newbern or where he lives the affida-
vats of Kings behaviour shall appear in a proper season — This day
week when I was at New river in surch of Kings men the Cruizer
who lyes at the New inlett sent lier Tender and Ten men to sound
Deep inlett on Board was John Kennedy & M' Stevens the purser,
on seeing sum persons on the Banks they sett off, shortly after that
heavy Gale came on hope they have found their way to the Gulph
Stream. I shall be very watchful of every post in my Charge and
discharge that or any other Service to the public I am able to per-
form with much Cheerfullne.ss whilst I have the Honour to be
there and

Dear Sir Your Sincear Ilum" Ser'

W" PURVIANCE.

P. S. I am hoijcfull t!ie Council will make sum Provetions for the
men in winter in Clothing or Blankets and that I may be allowed my
Inlisting Expences, a Coppy of the act w* Constitutes those Com-
pnnj^s I wish to see if convenient for you to forward will my swear-
ing in my men be allowed as there is no majistrats this way shall
be oblig'd to doeHt alsoe how I am to conduct myself witli Respect
to Craft to Carry my men and provetions whether I shall purchas
or Ilyre pray inform me (mum) pray doe have Hostler apointed
for though there is a loss at this time there may be sumthing made
when provetions come in and he is to be concerned and myself, if
he is not appointed Let it remain as it is, it will be Equall. New
ITanover my heart is sore for your Situation w'' I canot hel[) who
Could Blame me to resigne when I had such a Tyrant pushing me
to be Broake and now threatens the Saime at Congress Because I
did not Lc\ey on ^'oung George Moore wlio was in tlie first Draft,
nevertlicless I gave liini liis number and receipt w'' lie saved.

COLONIAL RECORDS. G15

Deep Inlet, Tuesday Morning 25'^ June, 1776.
My Dear Sir,

Two daj'S since I wrote you by Captain Dunbibin, who I learn does
not goe before tomorrow, as M' Ward Lyes ill indeed dangerously
so. Yesterday I was in Town for amunition and provetions — the
amunition I got and with Graite worke obtained one Barrel porke at
£S, with two hundred weight Bread at 34s. "^ hundred, this to be
carted then Boated to my men, by w''' you see the Trouble and
Expence with much Loss I am left to maintain my men. Doaty
having yesterday sent me word by Captain Daws of Onslow he could
not supply me I wish Alexander Hostler may be apointed who will
procure every necessary from Cross Creek. In this the Council will
be doubtless .Judges, and make sum allowance for carting and Boat-
ing such a distance as well as to think what we are to doe in the
winter for cloathing & blanketts, sh'' this company be thought neces-
sary, if not, I am willing to turn out with what I am able to gather
to supporte so far as in my power this part of the coast. I informed
you that Stevens and Kenned}^ was at Deep Inlet during the two
days I was at New River and j-esterday I have learnt their secret
intentions if General Moor-e has not informed you, you may believe
what follows. Persons were employed by Stevens on the coast to give
inteligens. Two tenders were to call in Deep Inlett and Rich Inlett
Sundays and Thursdays, W'here he was to meet them. One letter is
alreadj^ detected and I am very anxtious to steale a march on that
vilan who I hope will sum of those daj's fall into my hands. They
will watcli well if they see m^- men. I shall keep them secreted untill
the}^ get out of their crafts. This moment M' Jno. T. Alston is left my
house for town being delivered nie by the Light Horse and after view-
ing all I could learn, have sent him with my Horses to town, where
his friends from the Southard wait to view him. He says he were well.
Urdby Tatmarsh says their intelligens is good and that Stevens
came down rejo3-cing, told them he had fixed plans for InteligencC)
that the one half of the people above Avere their friends, and that
questions davlie arose, that their old enemy Colonell Purviance was
disgusted and refused to act and thrown up his command. It net-
tled me so much to learn them think me well affected to any measure
they have ever followed or proposed, that nevertheless the Trouble
and cost I have been at with that command if my people are paid
off and that the two commissions are consistant, as M'' Ashe, my
steady enemy says they are not, I'll resume my command of the

616 COLONIAL RECORDS.

company when there is the smartest occasion. I am the more willing
to doe this from the Discontent I saw amongst the People above
which I saw yesterday who reflect much on me for quitting them.
I promised them if they were paid and no commissions already given
out I w"" do anything they thought best. So soone as I have wroate
this I sett off by land for Topsail to see how matters goe on and to
cause Middleton to forward his ace". Whether the Council may
tliink it so or otherwise no' pains shall be spaired to render tlie pub-
lic every service in my power, and when I canot serve them as an
officer I'll most chearfully take my muskett. Alston informs me
Day before yesterday a fifty Gun ship was off Cape Fear Barr, Left
Intelligence that Carleton had Defeated our troops at Kenneda and
made grait slaughter (a Lye I hope and believe), that he spoak
Howe with two hundred Sail men of war and Transportes at sea —
that all the ships of war and Transportes were over Charlestown Barr,
if so they might as well be at Barmodas for all the Hurt they can
do. I well know the place where they are. He adds the hope
•soon to crush us and teach us obedience. Pray remember the ace'
sent to Congress for the Rum Bought of .Jukes the candles and paper
and have a warrant forwarded me. When any tiling new and a
conveyance offers you may exp' to hear from Dear Sir,

Your very Hnmb'* Serv',

W" PURVIANCE.

[From MS. Records in Office of Secretary of State.]

Letter from John Penn, Delegate in Congress at PliUadelphia.

PiiiLAD% June 28*, 1776.
Dear Sir,

Agreeable to my promise, I write this in hopes you may receive
it, tho' I much fear by the time it gets to hand our army will have
left Canada. Our misfortunes there are in a great measure owing
to the small-pox, w'^ has gone through all the Troops. I under-
stand that we shall be able to make a stand at the lakes, should it
happen as I suspect. General Burgoyne with several thousands
arrived in Canada some time ago. He soon after made Prisoners
General Thompson and severall other officers with him, tho' we lost
very few men either killed or taken at the time. Thompson was an
inhabitant of Pennsylv*. A very dangerous plot has lately been

COLONIAL RECORDS. Gl"

discovered at New York. The design was to blow up the magazine
and kill General AVasbington. A large number were concerned,
some of note; several of the Creneral's guard were bribed. Governor
Tryon is at the bottom. AVe do not know the whole of this affair,
as it is not made known yet. The General knew of the design for
several daj-s before he apprehended any of the persons concerned, in
order that he might discover the whole end of their views. The
principals were all taken at the same time by different officers, so
that they were totally unprepared either to escape or make an
excuse. The famous Rogers that was so much talked of last wai* is
in confinement. The first day of July will be an era of great
importance, as that is the day for deliating the great and important
question of Independence, and from what I liave seen thei'e is no
doubt but a total separation between Britain & Iier Colonies, that
were, will take place, as all the Provinces but Maryland are for it,
and tiie Inhabitants there are coming over fast. I wish things may
answer our expectation after we are independant. I fear most peo-
ple are too sanguine relative to commerce; however it is a measure
our enemies have forced upon us. I don't doubt but we shall have
spirit enough to act like men. Indeed, it could no longer be delayed.
In liaste I remain with great respect.

Dear Sir. your mo' ob' serv',

JOHN PENN.

Eleven o'clock at niglit. Should anything happen your way do
write, as I wish to hear as often as I can. Y" J. P

[From US. Records i.\" Office of Secretary of State.]

Letter from Colonel Peter Dauge to the Council of Safety.

AViLMiNGTOx, June 29'" 1776.
Gkn"

My appointment as CoP Leaves a A^acancy for the Appointment
of a Second Major in the Second regiment of Foot for the County
Pasc^uotank, therefore I have tho't projier to recommend ]\P Demcy
Gregory as a A'ery proper person to fill that Post and wish You

G18 COLONIAL RECORDS.

Avould send liiiii a Comniis^^ion As I never more Intend to aet as
Major In that regiment.

I am Gen" Y' most Hum''" Serv'

PETER DAUGE.

Please send the Com" to Major Lamb at Wilmington wlio will
Contrive it to M' Gregory. P. D.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Pitt .County.

M.\i;tixboi;()UGH, June 20"', 177G

Committee met.

Present: Jas. Gorham, Edward Williams, David Perkins, Simon
Pope, Arthur Forbes, Benjamin May, John Williams, W" Robson,
Godley Stancel, Jesse Jolly, & Thos. Wolfenden. Major James Gor-
ham appointed Chairman.

Ordered that Selie Rodgers have leave to warrant Rich'd Here-
banks.

Ordered that Benj. May have leave to sue Jos. Sulevant & SanTl
Alberton.

The opinion of this Committee is that John Fry pay Ne.sbet Mills
Ten Shill's for corn he lost at his mill, and the cost of the warrant.

JAMES GORHAIM, Chair"-.

[Reprinted from the American Archives. Vol. 6. P. 1129.]

Letter IVom (ieneral Charles Lee to President Pendleton of ^'irginia.

CuARLESTOX, Juue "iO"', 177ti.
Sik:

Yesterday about eleven o'clock the Enemy's Squadron, consisting
of one fifty, one forty, and si. x frigates came to anchor before Fort
Sullivan, and lu'gan one of the most furious cannonades I ever heard
or saw; their pi'oject was apparently at the same time to land their
troops on the East end of the island, twice they attempted it, and
twice were gallantly repulsed ; the ships continued their lire over the
fort till eleven at night. The behavior of the Garii.son, both men
and ollieers, with Colonel Moultrie at their head, I confess, astonished
nie; it was iira\c to the last de'iree, I had no idea that so much cool-

COLONIAL RECORDS. OISa

ness and intrepidity could be displayed by a collection of raw recruits,
as I was witness of in this garrison. Had we been better supplied
with ammunition, it is most probable their Squadron would have
been utterlj' destroyed — however they liave no reason to ti'iumph ;
one of their Fi'igates is now in tiames, another lost its bowsprit, the
Commodore and a forty gunship had their mizzens shot away, and
are otherwise much damaged — in short they maybe said in this
their first essay on South Carolina to have been worsted, but presume
tiiey will make another attempt. Our loss is ten killed, twenty two
wounded, seven of whom have lost their legs or arms. The defences
of the fort have received no injury only one gun dismounted. I
shall write, when the aftliir is finished, a more accurate relation to
your Convention and to the Congress; in the mean time I think it
but justice to publish the merits of Col. Moultree and the brave Gar-
rison. Col. Thompson of the South Carolina Rangers acqnited him-
self most nobly in repulsing the troops who attempted to land at the
other end of the Island. I know not which corps I have the great-
est reason to be pleased with Muhlenberg's Virginians, or the Nortli
Carolhia troops — they are both equally alert, zealous, and spirited.
I shall not write to the Congress till the operations of the enemy are
brought to something more like a decision. If you Sir, think this
short relation of importance sufficient, you will, of course, transmit it.
I i'.m sir, Your \\wst obedient, humble servant

CHARLES LEE.
To the Honorable Edmund Pendleton
President ( f the Convention, ^'i^ginia.

Letter from Creneral Charles Lee to General Washington

♦ '^

Charlestowx July 1, 177*>.
My DE.iR Gknekal: I have the happiness to congratulate you on
a very signal success (if I ma}' not call it a victory) which we have
gained over the mercenary instruments of the British tyrant. I
shall not trouble you with a detail of their manoeuvers or delays,
but defer it to another time, when I have more leisure to write and
you to attend; let it suffice that having lost an opportunity (such as
I hope will never again present itself) of taking the town, which on
my arrival, was utterly defenceless, the Commodore thought proper
on Friday last, with his whole sqtiadron consisting of two fifties,
six frigates, and a bomb, (the rates of which you will see in the

618A COLONIAL RECORDS.

enclosed list) to attack our fort on Sullivan's Island. They dropped
their anchors about eleven in the forenoon, at a distance of three
or four hundred yards before the front battery. I was myself at this
time in a boat, endeavouring to make the Island, but the wind and-
tide being violently against me, drove us on the main. They imme-
diately commenced the most furious fire that I ever heard or saw.
I confess I was in pain from the little conlidence I reposed in our
troops, the officers being all boys, and the men raw recruits. What
augmented my anxiety was, that we had no bridge finished of
retreat or communication, and the creek or cove whieli separated it
from the continent is near a mile wide. I had received, likewise,
intelligence that their land troops intended at the same time to
land and assault. I never in my life felt myself so uneasy; and what
added to my uneasiness was, that I knew our stock of ainmunition
was miserably low. I had once thoughts of ordering the command-
ing officer to spike his guns, and when his ammunition was spent,
to retreat with as little loss as possible. Ilowevei', I thouglit proper
previous, to send to town for a fresh supply, if it could possibly be
procured, and ordered my Aid-de-camp, Mr Byrd, (who is a lad of
magnanimous courage), to pass over in a small canoe and report
the state of the spirit of the garrison; if it h.ad lieen low, I should
have abandoned all thoughts of defence. His report was ilattering,
I then determined to maintain the post at all risks, and passed the
creek or cove in a small boat, in order to animate the garrison in
propria persona ; but I found they had no occasion for such encour-
agement. Thev were pleased with mv visit, and assured me thev
would abandon the p(.)st but with their live.s. The cool courage
thev displayed astonished and enr.iptured me; for I do assure you
my dear (Jeneral* I never experienced a hotter fire — twelve full
hours it was continued without intermission. The nuble fellows
who were mortally wounded conjured their brethren never to aban-
don the standard of liberty. Those who lost their limbs descried
not their posts. L^pon the whole, they acted like Romans in the
third century. However,'our works were so good and solid, that \\e
lo.st but few — I'uly ten killed on the spot, and twenty-two Wdund^'d;
seven of whom lost their legs or arnis. 'i he 1 ss of tlie enemy, as
you will perceive by the enclosed list, was very great. As I send a
detail to the Congress, I shall not trouble you with a duplicate; hut
before I finish, you must sulfe*' me to recommend to yuur esteem,
frien<lshiii, and patmnagi', my (though young) Aid.s-de-cam|i. Uyrd

COLONIAL RECORDS. GlSc

and Morris, whose good sense, integrity, activity, and valour, promise
to their countr} a most fruitful crop of essential services. Mr
Jenifer, of ^Maryland, a gentleman of fortune, and not of the age
when the blood of men flows heroically, has shown not less spirit
than these youngsters. I may venture to recommend in these high
terms because the trial was severe. Colonel Moultrie, who com-
manded the garrison, deserves the highest honors. The manifest
intention of the enemy was to land, at the same time the ships
began to fire, their whole regulars on the east end of the Island.
Twice they attempted it, and twice they were repulsed by a Colonel
Thompson of the South Carolina Rangers, in conjunction with a
body of North Carolina- Regulars. Upon the whole, the South and
North Carolina troops, and the Virginia Rifle Battalion we have
here, are admirable soldiers. The enemy are now returned to their
old station on this side the bar. What their intention is, I can-
not divine. One of the five deserters who came over to us this day,
is the most intelligent fellow I ever met with. The accounts of
their particular loss and situation are his, and I think they may be
depended upon. CHARLES LEE.

Letter from General Charles Lee to the President of the Continental

Congress.

Chaklestoavx, .July 2°'', 1776.

I should have done myself the honour sooner of informing the
Congress of the attack made by the enemy's squadron on Sullivan's
Island, and their repulse, but conjectured that by waiting a day or
two, I might probably be furnished with the means of sending a more
minute, full, and satisfactory account.

My conjecture was right, for yesterday five seamen made their
escape, one of whom is a more intelligent fellow than is commonly
found amongst men of his level. Enclosed is a copy of their narra-
tive. I may venture to congratulate Congress on the event. Not
only the advantage must be considerable, but the affair reflects no
small credit to the American arms.

On Friday at eleven o'clock, the Commodore (Sir Peter Parker),
with his whole squadron, consisting of two line of battle ships and
six frigates, the rates of which are marked in the enclosed Narra-
tive, anchored at less than half musket shot from the fort, and com-
menced one of the most furious and incessant fires I ever saw or
heard. It was manifestly their plan to land, at the .same time, their

(il8'/ COLONIAL KI'XORDS.

whole llegulais at the East end of the Island, and of course invest
the fort by land and sea. As the garrison was composed entirely of
raw troops, both officers and men, I thouglit it my duty to cross
over to the Island to encourage the garrison by my jiresence. But I
might have saved myself that trouble, for I found, on my arrival,
they had no occasion for any sort of encouragement. I found them
determined and cool to the last degree; their behaviour wor/ld, in
fact, have done honour to the oldest troops.

I therefore beg leave to rec. ^mmend, in the strongest terms to
Congress the commanding officer. Colonel Moultrie, and his whole
garrison, as brave soldiers and excellent citizens. Nor must I omit,
at the same time, mentioning Colonel Thompson, who, with the
South Carolina Rangers and a detachment of the North Carolina
Regulars, repulsed the enemy in two several attempts to make a
lodgment at the extremity of the Island.

Our loss, considering the heat and duration of the iire, was incon-
siderable. We had only ten men killed on the spot and twenty-
two wounded, seven of whom lost their limbs. But with their limbs
they did not lose their spirits: for they enthusiastically encouraged
their comrades never to abandon the standard of liberty and their
country. This I do assure you, is not the style of gasconading
romance usual after every successful action but literally a fact. I
with great pleasure mention the circumstance, as it augurs well to
the cause of freedom. At eleven the fire ceased, having continued
just twelve liours without the least intermission.

CHARLES LEE.

[From MS. Records in Office of Secret .vry of State.]

THE JOURNAL OF THE PROCEEDINGS OF THE COUNCIL
. OF SAFETY OF NORTH CAROLINA, BEGUN AND HELD
AT WILMINGTON ON 5"- JUNE, 177G.

NuKTlI CaKOL1X.\.

[WlI.MlMJTON, NoKTlI CaRCJLIXA,

5'" June, 1 77ii.]
The Provincial Congress having by Resolve Nominated the fol-
lowing I'ersons to be a Council of Safety, to-wit:
Willie Jones, Esquire.

l'\)r the district of Wilmington — Cornelius Harnett, Samuel
Ashe, Esd".

COLONIAL RECORDS. 619

For the district of Edenton — Thomas Jones, Whitmill Hill,
Esq".

For the di.strict of New Bern — James Coor, John Simpson, Esq".

For the district of Halifax — Thomas Eaton, Joseph John Will-
iams, Esq".

For the district of Hillsborough — - Thomas Person, John Rand,
Esq".

For the district of Salisbury — Hezekiah Alexander, William
Sharp, Esc|".

Pursuant to wljich Cornelius Harnett, Samuel Ashe, Whitmill
Hill, James Coor, John Simpson, Joseph John Williams, Hezekiah
Alexander, and William Sharp, Esquires, at the Town of AVilming-
ton on the fifth da}' of June, in the Year of our Lord one thousand
seven hundred and seventy six, subscribed the Test and took their
Seats in Council.

The Council proceeded to the choice of a president, when Corne-
lius Harnett, Esquire, was unanimously chosen, and James Gla.sgow
and James Green jun" were appointed Secretaries.

Adjourned 'till tomorrow morning S "Clock.

Thursday G"" June 1776.

Met according to adjournment.

Brigadier General Ashe informed the Council that there are a
number of outlying malcontents in the County of Bladen, who were
desirous of returning home and submitting themselves to the deter-
mination of the said Council,

Resolved, That all such outlying Malcontents in the said County
as have been concerned in the late Insurrection, and will take an
Oath before the Chairman of tlie Committee, to submit themselves
to such Regulations as are or may be established for the Govern-
ment of this Colony; and when required will take up Arms in
defence thereof, shall be permitted to return to their respective Hab-
itations unmolested.

Resolved, That Robert Rayford and Abraham Daws, be appointed
Adjutants to the two Battalions of the Militia Brigade now at Wil-
mington under the Command of Brigadier General Ashe, and that
they be allowed seven shillings and six pence per day each.

Resolved, That [ ] be appointed Surgeons to the two

Battalions of the Militia Brigade now at Wilmington under the
Command of Brigadier General Ashe. ■

620 COLONIAL RECORDS.

Resolved, That Alexander Martin, Esquire, Colonel of the second
Regiment of North Carolina Continental Troops, be directed to
borrow the sum of two thousand pounds for the use of his Regiment,
and that he supply the Captains of each Company with their pro-
portion of the said Sum, in part pay of the Soldiers under their
Command ; and that this Council will give a draught on the pay-
master to replace the said money to the person or persons from
whom the same be borrowed.

Resolved, That James Cirant be appointed Messenger and Door-
keeper to the Council of Safety.

Resolved, That Mr Joseph Palmer be appointed Ensign in Captain
William Caswell's Company in the fifth Regiment of Foot of the
American Army of this Province, in the room of John Bush
resigned.

Resolved, That Mr Benjamin Pike be appointed first Lieutenant
in Captain (Jeorge Mitchell's Company in the sixth Regiment of
Foot in the American Amiy of this province in the room of Amos
Love resigned.

Resolved, That Mr Samuel Martin be appointed second Lieuten-
ant and Mr Samuel Jones Ensign, in said Captain George Mitchell's
Company, in the room of Benjamin Pike advanced and Reuben
Grant resigned.

Resolved, That Mr William Lytic be aj)pointed second Lieuten-
ant, in the room of Samuel Thompson, resigned, and Mr William
Green Ensign, in the room of Mr William Lj'tle, advanced, in Cap-
tain Archibald Lytle's Company, in the sixth Regiment of Foot of
the American Army of this Province.

Resolved, That Aaron Haskins be appointed Captain, Mr Eper
Kilbey Lieutenant and Mr Robert Nixon Ensign of the New Top-
sail Company of Militia of New Hanover County.

Resolved, That Thomas Evans, William Tyler Kilbey and John
Jacobs be appointed Ensigns in the second Regiment of P'oot of the
American Army of this province.

Adjourned 'till To-morrow Morning 9 "Clock.

Friday, June 7'\ 1776.

Met according to Adjournment.

Resolved, That the Treasurers or either of them place in the
Hands of Mr John Eason of Carteret County, for the immediate use
of carrying on a Salt Woi-k in tiie said County, tlie sum of five

COLONIAL RECORDS. 621

hundred pounds to be paid to Mr Robert Williams occasionally, for
the purpose aforesaid, and that they* be allowed the same in their
Accounts with the Public.

Resolved, That the Treasurers or either of them pay to John
Daves, Quarter Master to the second Regiment of Continental
Troops in this province, the sum of one hundred and Fifty pounds
to enable him to purchase Forage for the use of the said Regiment,
now under Marching Orders; and be allowed the same in their
Accounts with the public.

Resolved, That five hundred weight .of the gunpowder, ordered by
General Lee to be sent into this province from Virginia, be on its
arrival at Halifax, sent to Salisbury, to the care of the Brigadier
General of that district, under a Guard of six Men; and that Brig-
adier General .Jones see this Resolve put into execution.

Mr Arthur Mabson appeared in Council and agreed to sell them
for the use of Ihe public, a certain Tract of Land in Carteret

County, near Beaufort, containing Acres commonly called

Gallant's Point, which place is judged convenient for making
Salt; the value to be ascertained by two persons, one to be chosen
by Mr Mabson, the other by the Council, which being agreed to,
j\Ir Richard Cogdell of New 'Bern, and Mr Solomon Sheppard
of Carteret County were appointed to value the said Land.

Resolved, That the aforesaid Richard Cogdell and .Solomon Shep-
pard value the said Tract of Land, and in case they do not agree
thereon, that they call in a third person to value the same, and
return a certificate of such valuation with their proceedings therein
to this Council, tliat the said Mr. Mabson, on making a. proper Title
may receive such valuation from the public.

Resolved, That the Paymaster of the Continental Troops in this
Province, pay unto Richard Quince Esq., the sum of One thousand
pounds, being for so much advanced by him to the Colonel of the
second Regiment of said Troops in part of their pay; and that the
said Paymaster be allowed the same in his Accounts with the public.

Resolved, That James Williams be appointed first Lieutenant (in
the room of Cha' Hollingsworth resigned) and William Williams
second Lieutenant in Capt. Ashe's Company in the fourtii Regiment
of Foot of the American Army of this province.

Doct' William M°Cluere Surgeon to the sixth Regiment of Conti-
nental Troops in this province resigned.

022 COLONIAL RECORDS.

Resolved, That Doctor William M°Cluere be appointed Surgeon
to the second Regiment of Continental Troops in this province in
the room of "William Partner resigned.

Adjourned till tomorrow Morning 8 "Clock.

Saturday June 8", 1770.

Met according to adjournment.

Whereas Mr John Bickerstaff acted as ensign in Captain Knox's
Company from the 1" day of February to the 5"" day of March last,
and from that time until the- 8"' day of June instant as second Lieu-
tenant to said Company; i\Ir David "N'ance as Ensign from the o""
day of ]\[arch last until this date; Mr Richard Graham as second
Lieutenant from the first day of February to the 5"" day of March
last and Mr Isaac Rolestone as Ensign from the first day of Febru-
ary last by the nomination of Alexander Martin Esquire Colonel of
the .second Regiment of Continental Troops in this Province,

Resolved, That the paymaster pay them the wages payal)le to
such Oflicers from the time of their nomination.

Resolved, That Richard Graham be appointed second Lieutenant
in Captain Murphy's Company, John Bicker.staff Ensign in Captain
Kno.x's Comjtany, Isaac Role>^tone Ensign in Captain Arm.strong's
Com[)any, and David Vance Ensign in Captain Fermer's Company
in the .second Jlegiment of Foot in the American Army of this
province. '

Resi)lved, That Mr Manluve Tarrant be appointed .'^econd Lieu-
tenant in Captain Herritage's Company, Mr Samuel Martin second
Lieutenant in Captain Gee's Company, and Mr Charles Allen second
Lieutenant in Captain Kear's Com]iany in the second Regiment of
Foot in the American Army of this province.

Resolved, That it be recommended to the Provincial CoTigress to
make an Allowance to Colonel John I'atti'ii for his extraordinary ,
E.xpences during the Campaign in Virginia.

Ki'.-^oKed. 'i'hat Parker <^)ninc;' be appointed ('t)lontl, W'ilHani
Lord, Lieutenant ( 'olonel : .h)hn Rogers, first Major; Lewis Dupree,
second Major; boliert Daniel, first Captain, Ihnniswick ; Francis
.\ilston. Second Cajitain, Siiallot; Edward Wingate, third ('ai)tain,
Waccaniaw, ami .lacnb lA'onanl. iourlh ('aplaiii, hoekwoods l''olley ;
of tile Militia in Hi'unswiek Couii y.

Doctor Rob' Wilstin, who was ap[iointed Surgeo;i to tlu^ second
Regiment of Contiiiental Troo[)S, resigned.

COLONIAL RECORDS. (523

■ Resolved, That Doctor Robert Wilson be appointed Surgeon to
tbe sixth Regiment of Continental Troops in this Province, in tlie
room of Doctor M'Cluere, who was appointed to the second Regiment.

Resolved, That the Surgeons appointed to the six Regiments of
Continental Troops in this province, be directed to employ a Surgeon
Mate to each Regiment, and that such Mates be allowed the same
pay as directed by the Continental Congress.

Colonel Alexander Martin certified That Mr Charles Allen has
acted as Ensign in Ca;)tain .Vrmstrong's Company from the first
day of October last until the first day of February last, and from
that time as second Lieutenant in the said Company until this date,

Resolved, That the Paymaster pay the wages due to tlie said
Charles Allen from the time of his appointment to the said Offices
by Col° Martin.

General Moore laid before the Council a Letter from Francis
Perry, CajDtain of the Cruizer Sliip of War and another from INIr
Francis Clayton proj^osing an exchange of a prisoner.

The Council are of (Jpinion Tiiat General Moore may send down
Mr Stephen in Exchange for Mr Clayton agreeable to the proposal
made by Jlr Clayton through Mr Parr3^

Resolved, That the Colonels of the respective Regiments of Con-
tinental Troojis in this province be impowered to appoint a Drum
Major to each of the said Regiments.

Resolved, That the Council of Safety do Business at Wilmington
until Saturday evening next, at which time they adjourn Irom
thence, to meet o<i the Tuesday following at the house of Mr Will-
iam Wliitfield on Xeuse River in Dobbs County; in order to [iroeeed
on tlie public business of this Province, of which the Secretary is to
give public Notice.

Resolved. Tliat Mr Alexander Douglass who has acted as Drum
Major to tlie second Regiment of Continental Troops in this Province,
be'allowed the Sum of forty three pounds four shillings, and that
the paymaster pay the same and be allowed in his Accounts with
the pulilic.

Adjourned 'till Monday Morning 8 "Clock.

Monday, .June 10'\ 177G.

■ ^let according to Adjournment.

Whereas the proportion of Militia ordered l)y Congress to he
drafted out of the County of Brunswick ap]>ears to be a greater
number than can with conveniency be spared out of the said ( ountv.

G24 COLONIAL RECORDS.

Resolved, That thirty privates of said Militia ordered to be drafted
as aforesaid be dismissed from such draft.

Colonel Martin certified That Mr David Crawford has acted as
Ensign in Captain Davison's Company in the first Regiment of Con-
tinental Troops in this Province from the first day of February last
until this date,

Resolved that tlie paymaster pay the wages due to the said David
Crawford from the time of his acting as Ensign to the said Com-
pany.

Resolved, Tiiat Mr David Crawford be appointed Ensign in Cap-
tain Davison's Company in the first Regiment of Continental
Troops in this Province.

Resolved, That the paymaster pay to Mr Ransome Southerland,
Twelve hundred and fifty pounds for so much money advanced by
him in part pay of the first Regiment; and be allowed in his
Account with the public.

Resolved, That Spencer Watts be appointed Lieutenant in Captain
Henry Dawson's Company of Militia from the Halifax detachment,
in the room of John Sumner who resigned.

Whereas it appears to this Council that John King who was
appointed Captain of an Independant Company stationed between
New River and Deep Inlet, hath been guilty of a gross deception in
inlisting his men ; and a flagrant neglect of Duty in not occupying
the posts on the Sea Coast; and in suffering .two thirds of his men
to absent themselves from their Duty,

Resolved, That the said John King be suspended from his said
Command, until the sense of the Congress be had tliereon.

Resolved, That Mr Blackmore be requested to iuinish Colonel
Long for the use of the Continental Troops in this province, witii all
the Blankets he hath in his Store, for wliicli this Council w 11 give
an order to the Public Treasury.

John Uand Esquire, a member for the district of Ilillsboroug-h,
appeared in Council, subscribed the Test and took his seat accord-
ingly-
Adjourned till tomorrow mornfng 8 "Clock.

Tuestlay, June IT'' 177G.
Met according to adjornment.

On Petition of Angus Campbell of ('uniberland County, setting
fiirlh ills Imlisposition hath preventeil liim tVoiu removing agreeable

COLONIAL RECORDS. G25

to his parole to Guilford County, praying permission to remain in
Cumberland County on giving Security for his future good behavior,

Resolved, That Colonel Ebenezer Folesome do grant i?uch farther
Indulgence to the said Angus Campbell on his giving Security as
he niaj' judge consistent with the safety of this Colony.

Resolved, That Robert Nixon of Onslow County, be allowed the
sum of Ten pounds for his Vigilent Service as Chaplain to the
Onslow Detachment of Militia ; and that the Treasurers or either of
them pay the same and be allowed in their accounts witli the public.

Reeolved, That the following persons be appointed Captains,
Lieutenants and Ensigns to the Edenton, Newbern, Halifax and
"Wilmington Brigades of Militia, now in actual service under the
Command of Brigadier General Ashe at Cape Fear:

rOR THE EDEXTON DISTRICT.

No. 1 — For Pasc^uotank County — • , Captain; , Lieu-
tenant; , Ensign.

No. 2 — For Perquimans County — , Captain; , Lieu-
tenant; , Ensign.

No. 3 — -For Tyrrell County — , Captain; , Lieuten-
ant; , Ensign.

No. 4 — For Chowan County — , Captain ; , Lieuten-
ant; , Ensign.

No. 5 — For Bertie County — •, Captain; , Lieuten-
ant; , Ensign.

No. 6 — -For Hertford County — , Captain; , Lieu-
tenant; , Ensign.

No. 7 — For Martin County — , Captain; , Lieuten-
ant; , En.sign.

FOR THE NEWBERN BRIGADE.

No. 1 — For Dobbs County — Joseph Green, Captain; Matchet
Herring, Lieutenant : William MT)aniel, Ensign.

No. 2 — For County — William Fellows, Captain; Joel

Herring, Lieutenant; Solomon Cooper, Ensign.

No. 3 — For Craven County — Henry Cannon, Captain; Gideon
Carraway, Lieutenant; Samuel Smith, Ensign.

No. 4 — For Craven County — Thomas Tyre, Captain; Aaron
Earnell, Lieutenant; William Hancock, Ensign.

VOL. X — 40

f;26 COLONIAL RECORDS.

Xo. 3 — For Hyde and Beaufort Counties — Captain;

Lieutenant; Ensign.

No. (J — For Pitt County — John Salter, Captain; .Josiah Little,
Lieutenant ; Luke Bates, Ensign.

No. 7 — For .Johnston County — Captain; Lieu-
tenant; En.sign.

FOR THE HALIFAX BRIGADE.

No. 1 — For Halifax County — James Nich' Parsons, Captain;
Pestly Cox, Lieutenant ; Caleb Montcrief, Ensign.

No. 2 — For Halifax County — Henry Da w.<on, Captain ; William
Noblin, Lieutenant ; John Champion, Ensign.

No. 3 — For Edgecombe County — James Gray, Captain: Benja-
min Bum, Lieutenant ; Jo.seph Curl, Ensign.

No. 4 — For Edgecombe County — Gresham Cofield, Captain;
Spencer Watts, Lieutenant ; Francis Parker, Ensign.

No. 5 — For Bute County — James Denton, Caj-tain :*Jo]in Mea-
con. Lieutenant; William Harrison, Ensign.

No. G — For Bute County — Benjamin Soawell, Captain; William
Hill, Lieutenant; John Jones, Ensign.

No. 7 — For Northampton County — Robert Peoples, Ca[itain ;
Benjamin .Ionian, Lieutenant: Cliarles Jordan, Ensign.

FOR THE \^ILMI.\GTON r,KIi:ADF.

No. 1 — For New Hanover County — Thomas Devane, Capt; in ;
William Neal, Lieutenant; John Smith, Ensign.

No. 2 — For Onslow County — Epiiraim Battle, Captain ; James
Foy, Lieutenant: William Shaw, Ensign.

No. o — For Duplin County — .Vliraham Morton, Captain : Hardy
Holmes, Lieutenant : William Rutledge, Ensign.

No. 4 — For Bladen County — James Shipman, Captain ; James
.M reliead, Lieutenant; Thomas Mulford, Ensign.

No. .") — For Cuml)erland County — .__^__, Captain : , Lieut.;

Ensign,

No. (■> — iMir Brunswick County — , Cai)tain; Lieut;

, Ensign.

.\ud that Cciiimissions issue accordingly.

Resolved, Tliat the Treasure! s, or eitiier of them jjay to Samuel
Ashe, E.S4uire, or Order, the sum of three hundred and fifty pounds,
to replace th.'-t sum borrowed from William ("ampl)cll I'nr the use of
the I'ublic: and be allowed in their accounts with tlic rublic.

COLONIAL RECORDS. 627

Resolved, That Thomas Callender, James Craven, and John
Cheese be appointed Ensigns in the first Regiment of Continental
Troops in this Province.

Adjonrned 'till Tomorrow Morning S "Clock.

Wednesday Jnne 12'\ 1776.

Met according to adjournment.

Resolved, That his honor the President write to the Delegates at
Philadelphia, requesting them to purchase at the Expence of this
Province, Three Tons of Gun Powder for the use of the Army, and
a number of Iron plates sufficient to make panns for erecting a
Salt Work, and Waggons and Horses for conveying the same to
this Province: and that they apply to the Continental Treasury for
money to defray the Expences of the same.

Resolved, That fifteen hundred weight of the Gunpowder'at Eden-
ton, and a proportional Quantity of Lead be immediately removed
from Edenton to this Place; and that Samuel Johnston Esquire be
requested to direct the same.

Resolved, That the Paymaster pay to ]Mr William Campbell, four
hundred and Twenty pounds for so much Money advanced b}* him
for the first Regiment of Continental Troops in this province in
part of their paj'; and be allowed in his Accounts with the Public.

Resolved, That the paymaster pay to Mr William Campbell forty
[lounds for so much Money advanced by him to General Moore in
part pay of his wages, and be allowed in his accounts with the
2)ublic.

Resolved, Tliat the paymaster pay to ^Ir William Campbell
Sixty pounds for so much money advanced by him to General Lee
in part pay of his Wages; and be allowed in his Accounts with the
public.

Resolved, That Colonel Ehenezer Folesome one of the Commis-
sioners for purchasing Guns in Cumberland County, deliver to Cap-
tain Arthur Council as many of the said Arms as shall be sufficient
to Arm his said Company.

Samuel ^^'illits being Ijrought before the Council ami charged
with corresponding with the Enemy which a|>pearing from the
Testimony produced against said Willits,

Resolved, That the said Samuel Willits enter into Bonds with
Security in i'.lOO for his good behaviour, and Conformity to the
Resolves of Congress or any Authority under tliem, and for his

628 COLONIAL RECORDS.

immediate removal from the County of Bi-unswick and constant
residence in the County of New Hanover, until discharged there-
from.

Resolved, That William Cooper be appointed second Lieutenant
in Captain .John Enloe's Company in the fifth Regiment in the
American Army of this Province.

Resolved, That Mr William Purviance be appointed Captain of
the Independant Company stationed on the Sea Coast between New
River and Deep Inlet in the room of Capt. .John King (suspended
by this Board) until the sense of the Congress be had thereon.

This Council having received Information, That the Records and
Papers of the Inferior Court of Cumberland County are concealed
by disaffected jjersons.

Resolved, That Col° Ebenezer Folesome make diligent search
after the said Records and papers, and (receive tlie same if iiossible
and) deliver them into the Custody of William Rand, appointed by
Congress to receive them; and it is recommended to tlie Justices of
the said County to make strict inquiry and search after tiie same
and all persons are required to aid and assist therein.

Resolved, That the Treasurers or either of them pay to Mr Hugh
Montgomery the sum of three hundred pounds to enable him to
pay the persons from whom he bath purclia.sed Provisions for tlie
public; and be allowed the same in their Accounts with the jiulilic.

Mr Peter Mallet made it appear before this Board, That tlie i'our
hogsheads of Molasses which were stoi)t at Elizabeth Town and are
in care of AVilliam j\PRee, l^squire, are his property.

Resolved, That the said AVilliam M-^Ree deliver to the said Mallet
or Order the said four hogsheads of Molasses.

Resolved, That the Treasurers or either of them pay to Nicholas
Ijong, Esquire, one hundred and thirty five pounds for a Waggon,
four horses and six Barrels of Corn, purcliased for the use of Conti-
nental Troops in this Province, and be allowed in their Accounts
with the Public.

Adjourned till Tomorrow Morning 8 "Clock.

Thursday June 13'\ 1770.

Met according to adjournment.

Resolved, That the Payma.ster pay to Mr William Wilkinson, the
sum of forty pounds for so much advanced Ijy him for the use of

COLONIAL RECORDS, v 629

the first Regiment of Continental Troops in this Province and be
allowed in his Accounts with the Public

Resolved, That the Treasurers or either of them pay to Edward
Dickson eight pounds for going Express to Gen' Lee in South Caro-
lina, and be allowed in their Accounts with the public.

Resolved, That the Commissioners of the Armed Brig the Penn-
sylvania Farmer at Xew Bern, deliver out of the public stores in their
Possession, to .John Wright Stanley, Twenty pieces of canvass, taking
his Obligation with Security to deliver into their Hands at a reasona-
ble price good Dutch Oznabrigs sufficient to pay the value of the
said canvass.

Resolved, That Colonel Ebenezer Folesomc immediately call on
the several IMerchants and Factors in Cumberland County, whom he
suspects of having Salt in their Hands and mjike strict enquiry for
any that may be concealed, and take an luventofj^ and stop the sale
of the same; and return an Account thereof to this Board: Pro-
vided, That this Resolve shall not extend to such Salt as have been
purchased for the use of private Families and that he call on the
Commissioners to render an Account of all the Salt delivered out
and to whom, and make' return thereof to the Council.

Resolved, That Michael Quinn be appointed Lieutenant Fire
Worker in a Company of Artillery in this province commanded by
Captaiu John Vance.

Resolved, That James Middleton be appointed first Lieutenant,
Charles Hollingsworth second Lieutenant and James Spicer Ensign
to the Independent Company, stationed between New River and
Deep Inlet.

Adjourned till Tomorrow ]\Iorning 8 "Clock.

Friday June 14'^ 1776.

Met according to adjournment.

Resolved, That the Treasurers or either of them pay to Doctor
James Geekie Surgeon to the first Regiment of Continental Troops
in this Province Eighty pounds for sundry Medicines furnished for
the first and second Regiments of said Troops, and be allowed in
their Accounts with the Public.

Resolved, That Mr Walter Gibson be appointed Commissary to
the detachment of Militia from the New Bern and Wilmington
Brigades of Militia now in actual Service under Brigadier Gtneral
Ashe.

G30 COLONIAL RECORDS.

Resolved, That the Treasurers or either of them pay to Mr Peter
JNIallett eighty one pounds thirteen Shillings and six pence for
thirty eight Barrells of Flour delivered ^^'illitnl Cannon Esquire
Commissary to the first Regiment of Continental Troops in this
province for the use of the said Regiment; and be allowed in their
Accounts witli the Public.

Resolved, That Colonel Joseph Leech, .James Davis, Esquire, and
Mr David Barron, be appointed t > value tlie Cannon on Oath,
imported into New Bern by Capt. Elms; and send a return of said
valuation to this Council tliat satisfaction may be made to the
OAvner.

Resolved, That Mr Henry Toomer be appointed Commissary to
the detachment of Militia from the Halifax Brigade now in Actual
Service under Brigadier General Ashe in the room of Chappell Gee
resigned.

Resolved, That Timothy Bloodworth be allowed and paid by tlie
Public five pounds for each musket and bayonet that he makes
(agreeable to the Resolutions of the Continental Congress) and
delivers within four Months from this date to this Council, or to
such jierson or persons as they shall appoint to receive them, and
that the said Bloodworth and the Workmen employed by him in
the making of Muskets and Bayonets shall be exempt from beai'ing
Arms during the time they shall be at work thereon, Also that the
sum of One hundred pounds be immediately advanced to the said
Bloodworth to enable him to carry on the said Work he first giving
securit}^ faithfully to Account for the same; and that the Treasurers
or either of them pay the same and be allowed in their Accounts
with the public.

Resolved, That the Commissioners of the Armed Brigg Penn-
sylvania Fanner at New Bern do take for the use of the said Brigg
eight of the most suitable Cannon imported by Captain Elmcs after
the same shall have been appraised agreeable to a resolution of this
Board.

Resolved, Tliat the Treasurers or either of them pay to Mr Ilenrj'
Toomer, Commissary of the Halifax detachment of Militia the sum
of One thousand pounds for the purchasing Provisions for said
Militia, he first giving Bond with Security in two thousand ]>ounds
faithfully to account for the same; and be allowed in tlieir accounts
with the public.

Adjourned till Tomorrow Morning 8 "Clock.

COLONIAL RECORDS. 031

Saturday June 15"" 1776.

Met according to Adjournment.

Resolved, That Mrs Jean DuBois and Mrs ]\PNeill and their
Families remove from the town of Wilmington the place of their
residence within eight days from this time so as to be at least twenty
miles distant from the said Town up the River, and that General
Moore be requested to see this Resolve carried into Execution.

The Council having received Information that David Jackson,
James Mewes, William Garner, John Piles and John Files, Junior,
prisoners who were destined for Philadelphia and ^'irginia, had
made their Escape from the Guard and returned to their respective
habitations, and are useing their utmost influence with the disaf-
fected in that part of the province to prevent their associating in the
Common Cause,

Resolved, That Colonel Ebenezer Folesome forthwith march a
party of Horse vrith the Utmost Secrecy and Secure the persons of
the said James INIewes, William Garner, John PiJes, John Piles,
Junr., David .Jackson, and a certain William Catlett, and convey
them under a sufficient Guard to Halifax Gaol.

Resolved, That the Treasurers or either of them pay to James
Grant fourteen pounds sixteen Shillings for sundry Services by him
rendered the public, and be allowed the same in their Accounts
with the public.

Resolved, That Williani Maxwell, Colin Campbell and Donald
Campbell, who have been carrying on a Correspondence with the
enemy, be sent under a proper Guard to the Town of New Bern and
delivered to the Gaoler, there to be ke[>t in the public Gaol until

furtiier orders, and that Smith, John Campbell, William

Miller and Malcom McNeill be sent under Guard to the Town of
Halifax, and delivered to the Gaoler, there to be kept in the public
prison until further Orders; and that Andrew Wilson and Thomas
Erskine be sent with the Guard to the Town of Halifax, there to
remain within the limits of the said Town on their parole; and
that General Ashe see this Resolve carried into Execution.

Resolved, That the Treasurers or either of them pay to James
Dupree the sum of one hundred and fifty pounds, to enable him to
purchase Tools for establishing an Armory to the Continental
Troops in this province, he giving Bond with Security to Account
for the same in the Sura of Two hundred pounds; And be allowed
the same in their Accounts with the public.

632 COLONIAL RECORDS.

Resolved, That Mr Abraham Dawes be appointed Brigade Major
to the Detachments of Militia in actual Service under Brigadier
General Ashe.

Resolved, That Maurice .Jones be appointed second Lieutenant in
Captain George Mitchell's Company in the Fifth Regiment of the
American Army of this Province.

Agreeable to Resolve the Council Adjourned to Mr AMlliani Whit-
field's on Neuse River in Dobbs County.

Wednesday, June 19'\ 1776.

Met according to Adjournment.

Thomas I^aton Esquire, one of the Members for the district of
Halifax, apjiea^ed, subscribed the Test and took his seat accordingly.

The I-'resident being absent, Thomas Eaton, Esquire, was chosen
President j)ro tempore.

Thomas James Emery being charged on oath with undue prac-
tices tending to inflame the minds of the People and prevent the
jNIilitia of Craven County from turning out in defence and protection
of this province agreeable to Resolve of Congress, Resolved, That
the said Thomas James Emery do remove within ten days from the
Town of New Bern the place of his present residence to tlic County
of Dobbs, there to remain on his Parole within the Limits of the
said County for the sj^ace of two Months from the date hereof; and
at the expiration thereof he be permitted to return to the Town of
New Bern on giving Bond to the Chairman of the Committee of the
said Town in sufficient security' for his future good Behavior; and
that Brigadier General Bryan see this Resolve carried into execution.

Resolved, That the Treasurers or either of them pay to Henry
Giffard Commissary to the detachment of Militia stationed at Cross
Creek under the command of Colonel Folesome four hundred
pounds, and be allowed the same in their Accounts with the public.

Resolved, That Mr Henry Giffard be appointed to purchase prov-
ender for the Light Horse under tlie Command of Colonel Folesome
at Cross Creek and furnish them at the rate of six quarts of corn
per day, or four quarts of corn and four quarts of oats per day for
each horse, and tliat he be allowed the sum of four shillings per
day for his trouble.

On apjilication of Capt. Atkinson to this Board for a quantity of
powder to supply the Troops under Colonel Folesome at Cross Creek,
the same appearing abeolutely neccs.sary: Resolved, That Colonel

COLONIAL RECORDS. 633

Ebenezer Folesome be impowered to send as soon as may be to
Brigadier General Jones for five hundred weight of the powder now
in the Care of Henrj' Montfort belonging to tlae Public.

The Council talking into consideration tlie necessity of sujiplying
the Frontier Inhabitants of this Province with a sufficient Cjuantity
of powder for their protection,

Resolved, That Brigadier General Rutherford be Supplied with
five hundred weight of powder now in the care of Henry Montfort,
for the purpose aforesaid, and that Brigadier General Jones send the
same.
. Adjourned till Tomorrow Morning 8 "Clock.

Thursday June 20*, 1776.

Met according to adjournment.
Adjourned till tomorrow morning S "Clock.

Fi-iday June 21'', 1776.

Met according to adjournment.

Resolved," That Colonel Ebenezer Folesome be directed to appoint
two Sergeants, and two Corj^orals, to each Company of Light Horse,
and that the paymaster pay them the Wages due such Officers from
the time of their appointment.

Whereas it appears to the Council, That many of the Members of
the Committee, both of the County of Cumberland and Town of
Campbelton are removed out of the province, and some of those that
remain decline to Act; Resolved therefore. That the Inhabitants of
the said County and Town Elect Members pursuant to the Resolve
of the Provincial Congress to serve in their respective Committees,
in the room of those neglecting and refusing to Act, and so removed
out of the province.

The Hon'''" The President appeared in Council and took his seat.

Adjourned till Tomorrow Morning 8 "Clock.

Saturday, June 22'"^, 1776.

Met according to adjournment.

Resolved, That Captain Eleazer Drew do attend this Council on
Monday the first day of July next with the necessarv papers explan-
atory of the Bottomry on the Brig William and all otlier Accounts
respecting said Brig.

634 . COLONIAL RECORDS.

Resolved, That Courts of Justice for hearing and determining
Maritime matters be and hereby are established at the Forts of Eden-
ton, Bath, New Bern and Wilmington ; and that the following per-
sons be appointed Judges for the said Courts, to wit: Jasper Charlton
Esquire, for the port of Edenton ; Christopher Neale Esquire, for the
port of New Bern ; and Thomas Respess, Junior, Esquire, for the
port of Bath, and that Commissions issue accordingly.

Resolved, That the Judges of the said Courts of Admiralty be
directed to appoint one Register and Martial at each of the said
Ports, and all other Officei's necessary for the purpose of carrying
into E.xccution the determination and decrees of said Courts.

Resolved, That Didderick Gibble be appointed Ensign in Captain
Enoch Ward's Lidependent Company in the room of Charles Den-
nis who resigned.

Resolved, That Benajah Doty be appointed second Major in the
Onslow Regiment of Militia in the room of James Howard resigned.

Resolved, That Hull Doty be apjaointed Commissary to the Lide-
pendant Company stationed on the Sea Coast commanded by Capt.
Selby Harney.

Resolved, That the Commanding Officers of the Militia and Min-
ute men in this province who have been on service in the late insur-
rection do collect from the different Companys under their Com-
mand, the public powder which remains in their hands and return
an account of the same to this Board.

Adjourned till Monday morning 8 "Clock.

Monday, June 24'", 177iJ.

Met according to adjournment.

The Council upon reconsidering the case of Joseph Smitli, John
Campl)ell, William Miller and Malcom McNeill, prisoners ordei'cd
to Halifax Goal,

Resolved, That the said prisoners be admitted their parole within
the Limits of the Town of Halifax they appearing between the
hours of nine and twelve every day before Mr Christopher Dudley.

On application of Mr Nathaniel Rocliester, Commissary of Stores,
setting forth that for want of Waggons and by reason of tiie Eerries
between Ivlcntdu and New Bern, he could not witliout great delay
and expencc remove tiio public stores from that Town as tlie Con-
gress liad directed.

COLONIAL RECORDS. 635

The Council taking the same into consideration are of the Opin-
ion that the said stores may with safety be removed by water from
Edenton to New Bern from whence they may be Transported by
Land to the Army.

Resolved, That Colonel .John Bryan of Craven County do pro-
cure a proj:)er Boat and send twelve armed Men under the Com-
mand of an Officer to Edenton for the said Stores and deliver them
in New Berne to the Order of the Commissary.

Whereas, the Council have received Information that Benjamin
Sheppard of Dobbs County hath passed as and for good and lawful
Money certain Base Counterfeit Bills in likeness of the four Dollar
Bills emitted in Consequence of a Resolve of Congress held at
Hillsborough.

Resolved, That Colonel Abraham Sheppard immediately take
into his safe Custody the said Benjamin Sheppard and bring him
forthwith before the Council to answer of and concerning the
Premises; and that he take with him such aid as may be needful.

Adjourned till Tomorrow Morning 8 "Clock.

Tuesday, .June ■2.j'\ 1776.

Met according to Adjournment.

Resolved, That Robert Bignal Esquire be requested, and he is
hereby impowered to examine the Public Provisions in Tarborough
in the Care of Henry Irwin and repack the same at the public
Expence and also to sell for the best price that can be had such
provisions as may be unfit for Carriage or Transport;ition.

Adjourned till Tomorrow Morning 8 "Clock.

Wednesday, .June 2G'^ 1776.

Met according to adjournment.

•Jo.seph Green one of the Commissioners for purchasing Guns in
the County of Dobbs exhibited an account whereby it appears tliat
he hath received of the public Treasurer one hundred and fifty
pounds that he hath purchased forty Guns at the price of one hun-
dred and forty nine pounds, nine shillings and four pence which
Guns he delivered to Captain William Caswell of the fifth Regiment
of Continental Troops in this Province, for which he produced a
Receipt; whereby it ajipears there is a Ballance of ten Shillings
and eight pence in tlie Hands of the said Joseph Green belonging
to the Public,

630 COLONIAL RFX'ORDS.

Resolved, That the said Joseph Green be allowed-Ten pounds for
liis Extraorilinarv trouble and Vitrijance in procuring tlie said
Anns, and that the Treasurers or either of them pay him nine
pounds nine shillings and four pence being the Ballance of the
said Ten pounds and be allowed in tlieir Accounts with the Public.

Adjourned till Tomorrow Morning 8 "Clock.

Thursday', June 27"', 177*).

Met according to Adjournment.

The Congress having applied to the President of the Council of
Safety of South Carolina for the purchase of twenty pieces of Can-
non (double fortified Six pounders) imported into this province by
Capt. Thomas Xelmes in the Schooner Little Thomas, which Vessel
is now lying at New Bern ; and Mr Edward Blake, the half owner
thereof having signified in a Letter to said Captain Nelmes, that
the President of the Council of Safety had directions from that
Board, to load the said Vessel from this province at the Expence of
South Carolina, and in case of Neglect, that he the said Edward
Blake would pay the Expence of such Cargo.

Resolved, That the Treasurers or either of them pay to the said
Thomas Nelmes the sum of six hundred pounds to enable him to
procure a Cargo for the said Schooner, for which sum the Province
of South Carolina is chargeable; and if not paid by that province
the said Edward Blake to be chargeable for the same; and be
allowed in their Accounts with the public.

Resolved, That Richard Caswell, Esquire, Public Treasurer of
the Southern District draw on the Continental Treasury in favor of
Richard Ellis, Esquire, for two thousand eight hundred and fifty
Dollars, being' tlie Amount of his Claim for nineteen hundred
weight of Gun powder imported for the use of the imlilic; and be
allowed in his Accounts with the public.

Resolved, That Captain Thomas Nelmes be permitted to purchase
a Cargo of Provisions in this province for Bermuda.

Resolved, That the Treasurers or either of them pay to Captain
Joshua Ilampstead the sum of One hundred and twenty pounds for
two hundred weight of Gun powder imported for the use of this
province and be allowed in their Accounts witJi tlie public.

Resolvfd, That Captain Joshua Ilampstead be permitted to
Export white oak staves from this province to the French West
India Islands to the Amount of one hundred and twenty pounds,

COLONIAL RECORDS. 037

being the Xett value of tlie Ciuu powder imjjorted by him for the
use of the public.

Resolved, That Richard Ellis, Esquire, be permitted to Export
white oak staves from this province to the French, Dutch or Neutral
West India Islands to the Amount of One thousand and fort}'
pounds, being the Nett value of the Gun jiowder imjiorted by him
into this province for the public.

^^''hereas Richard Ellis, Esquire, of the Town of New Bern liath
applied for Letters of Marque and Lcprisal for his Armed Sloop
called the Heart of Oak, Burthen about Seventy Tons, and hath also
delivered in a Schedule of tlie Numbers of Guns and the Names of
the Officers, the Provisions and Warlike Stores on Board and hath
also given Bond and Security agreeable to the Resolutions of the
Continental Congress for that purpose. And Whereas the Commis-
sions or Letters of iMarque and reprisal issued by the said Congress
for this province are not yet arrived.

Resolved, That George Dennison, Captain of the said ILart of
Oak, W^illiam Troo}), Chief Mate, and [ ] second Mate, Offi-

cers on Board (the said Heart of Oak) be and are hereby permitted
to Act against the Enemies of the thirteen LTnited Colonies in man-
ner and form as Letters of ]Mark are permitted by the Continental
Congress.

Resolved, That Mr John Wood be appointed second Lieutenant
in Captain William Ward's Company in the fifth Regiment of the
American Army of this Province. " •■

Whereas eight Commissioners were appointed to fit out the armed
Brigg, the Pennsyloania Farmer, at New Bern, and it appearing that
a Majority of the said Commissioners cannot Jje with conveniency
on any Occasion Collected, whereby many delays and Inconveniences
may arise.

Resolved, That Messrs Joseph Leech, Richard Ellis and David
Baron, three of the said Commissioners are hereb}* imjjowered and
required to act and do all things necessary for the management of
the said Brigg and her Crew on Board, according to the directions
of tlie Congress and Provincial Council lieretofore made, and lay an
account of their proceedings before the next provincial Congress.

Resolved, That John Guerard be allowed at the rate of fifteen
pounds per month for Transporting the Army with their Baggage
and every otlier Article belonging thereto across the P^erries opjio-
site to Wilmington to commence from the 24"' day of June instant,

G38 COLONIAL RECORDS.

he agreeing to find hands and Boats and constant Attendance for
that purpose.

Whereas J\L' John Green of the Town of New Bern hath appHed
for Letters of Marque and Reprisal for an Armed Schooner called
the Johnston, belonging to the said John Green, Andrew Blanchard,
Edward Tinker and David Baron, of the County of Craven, and
Robert Salter, of the County of Pitt, and hath also delivered in a
Schedule of the Number of Guns and the Names of the Officers, the
provisions and Warlike Stores on Board, and hath also given Bond
and Security agreeable to the Resolutions of the Continental Con-
gress for that purpose, And whereas the Commissions or Letters of
Marque and Reprisal issued by the Congress for this province are
not yet arrived,

Resolved, That Edward Tinker, Captain ; Reuben Doze, Chief
Mate, and Samuel Palmer, second Mate, Officers on Board the said
Schooner Johnston and her Crew be and are hereby permitted to act
against the Enemies of the tliirteen Ignited Colonies in manner and
form as Letters of Marque and reprisal are permitted by the Conti-
nental Congress.

Adjourned till To morrow Morning S "Clock.

Friday, June 28'", 1776.

Met according to Adjournment.

Whereas the Council liave received Liformation that a certain
J?).shua Bently, of the County of Edgecombe, is a person di.saffected
to the Common Cause, and hath endeavoured to inflame tlie minds
of the people against the present American Measures,

Resolved, That Abraham Shcppard, Esquire, take such power of
the Militia as may be necessary and liring l>el'ore tliis Council the
Body of i\\v said -losliua Bently to answer (jf and concerning the
premises.

Benja.ijin Shcppard, who was cliai-gcd with imssing Counterfeit
Money, being brouglit before the Count'il and l^xarnined and not
giving a Satisfactory account in what maimer lie became possessed
of the said Counterfeit Bills, and Circumstances leading to render
the Conduct of the saiil Benjamin She])pard susf)icious,

Resoh'Cfl, Thai the said Her.janiin Sheppai'd do enter into Uond
with Security in the sum of One tliousand | ounds. with Condition
to appear lietore this Council to answer for his Conduct heirin
whene\-er lie may be called on for I'urlhei- en(iniry.

COLONIAL RECORDS. 639

Resolved, That the Treasurers or either of them pay to Mr
Charles Jaycocks, Commissary to the Edenton Brigade of Militia
now in actual Service, five hundred pounds to enable him to procure
provisions for said Brigade, and be allowed in their Accounts with
the pnblic.

The Council having received Information that Thomas Harrison
and William Taylor are persons disaffected to the Common Cause
and are endeavouring to dissuade the people from associating in
defence of their Liberties,

Resolved, That Abraham Sheppard, Esquire, of Dobbs County,
take sufficient aid and bring the said Thomas Harrison and William
Taylor before this Board to answer of and concerning the Premises.

Adjourned 'till To-morrow Morning 8 "Clock.

Saturday. -June 29'", 1776.'

Met according to Adjournment.

\Miereas William Bryan, Colonel of the ^Militia of .Johnston
County, hath Complained to the Council That some of the Militia
who were draughted pursuant to a Resolve of the Congress have
refused to serve,

Resolved, That the .said Williani Bryan issue his Warrant for the
recovery of the Fines pursuant to the Militia Law and Resolution of
the Congress in that case made and jirovided and that Xeedham
Bryan late Sheriff of Johnston County be impowered to execute the
same. .

Resolved, 1 hat the Treasurers or eithir of them pay to Walter
Gibson, Commissary to the New Bern and Wilmington Biigades of
Militia, the sum of One thousand pounds to enable him to procure
provisions for the said Militia Brigades and be allowed in their
accounts with the public.

Whereas, it appears to the Council that Robert Cochran Esquire,
has advanced to Colonel Alexander Martin of the .second Regiment
of ( 'ontinental Troops in this province as ^ Receipt one hundred
and sixty pounds and also to Captain John Armstrong twenty two
pounds six shillings and two pence amounting to one hundred and
eighty two pounds six shillings and two pence in part pay of the
said Regiment :

Resolved, Tiiat the payma.ster pay Robert Cochran tiie sum of
one hundred and eighty two pounds six shilhngs and two pence;

640 COLONIAL RECORDS.

and be allowed the same iu his Accounts with the public, and
deduct the same out of the pay of the said Regiment.

Resolved, That the Captains of each Independant Company sta-
tioned on the Sea Coast in this province do purchase at the expence
of the public three good suitable Boats for each Companj'-, provided
that such Boats so to be purchased do not exceed the sum of ten
pounds each.

Adjourned till tomorrow morning 8 "Clock.

Sunday, June 30"", 1770.

Met according to adjournment.
Adjourned till tomorrow morning 8 "Clock.

Monday, .July \'\ 1776.

INIet according to adjournment.

Resolved, That all persons who liave Horses, Guns or otlier Arti-
cles in their possession, which were impressed, brought or taken into
Service of the public, on the Expedition against the Tori,es, and to
Cape Fear, and no owner appearing to claim, bring or send tlie same
to Capt. W" Whitfield's on Neuse in Dobbs County: those who neg-
lect so to do will be compelled to make good the sum which sucii
Articles were valued to.

Adjourned till tomorrow morning 8 "Clock.

Tuesday, July 2"\ 1776.

Met according to adjournment.

Resolved, That John Pasteur be appointed second Lieutenant in
Captain George Mitchel's Company in the sixth ru^giment of the
American Army in tliis I'rovince in tlie room of Maurice Jones
resigned.

Resolvi'il, JJiat Christopher Neale Esquire Judge of the (/ourt of
Admiralty at Tort New Bern do innnediatdy proceed u]\ tlie Trial
of the Brigantine William seized as British property and now lying
at the said Port agreeable to tlie Resolves of the Congress.

Adjourned till tomorrow moi-ning 8 "Clock.

Wednesday, July o'^ 1776.

Met according to Adjournment.

Resolved, That David Baron be permitted [u Ship to the French,
Dutcli or Neutral West India Island twentv six thousand four Imn-

COLONIAL RECORDS. 641

dred white oak Staves, Fifty two thousand red oak Staves, two
thousand five hundred White Oak Hogsliead lieading, and Fifty
thousand twenty two Inch Shingles, Tlie said David Baron first
entering into Bond with Security before the Commissioners for the
port of New Bern in the sum of three thousand pounds that he
will import into this province, the whole Amount of the Nett pro-
ceeds of the above Articles, in Arms Ammunition and Salt the
danger of the Seas and Enemy excepted.

Resolved, That the Treasurers or either of them pay to Mr David
Smith three pounds ibr his Expences and attendance on this Board;
and be allowed the same in their Accounts with the Public.

Resolved, That James Coor Esquire be ajDpoiuted Commissioner
for the Port of New Bern in this Province, and that he enter into
Bond with Security in the Sua; of five thousand pounds for the
faithful discharge of his Office.

Adjourned till Tomorrow Morning 8 "Clock.

Thursday, -July 4^\ 177(3.

Met according to Adjournment.

Whereas the Continental Congress, in Order that an ec^ual and
general representation should be made in the thirteen United
Colonies, on the 26'" day of December last did Resolve that the most
effectual Means should be taken in each Colony by tlie Assemblies,
Councils or Committees of Safety to ascertain an impartial List of
the number of the Inliabitants in their respective Colonies..

Resolved, therefore that tlie Committees of the several Counties
and Towns within this Province take the mo.st efiectual Method to
obtain an exact List of the Number of Inhabitants in their respective
Counties and Towns, distinguished as directed by Resolve of the
provincial Congress at Hillslwrough in 1775, and that the Chairman
of the said Committees, Transmit to this Board such Lists properly
Authenticated Ijy the persons who shall be intrusted with this Ser-
vice within three Months from this time in order that the same may
be Transmitted to the Continental Congress.

Resolved, That the Captains of each. Company of Continental
Troops raised in this Province, do pay to such persons as may appre-
hend and deliver to them any deserting Soldier belonging to his
Company such a sum of Money as may be reasonable and Ec|ual to
the trouble and Expence of Apprehending such Soldier or Soldiers

VOL. X — 41

G42 COLONIAL RECORDS.

not exceeding five pounds and deduct the same out of tlie pay of
such Soldier.

The-Council taking into Consideration the present alarming and
dangerous situation of this province and reflecting with the greatest
Concern that a number of people Nursed up in the very Bosom of
the Country, who by their pretended Nuetrality virtually declare
themselves Enemies to tlie American Union while others more
daring refuse to receive in payment the public Bills of Credit of
this province, issued for the very purpose of Securing to our pos-
te ity the most inestimable Blessings of peace. Liberty and property,
And Whereas the King and parliament of Great Britain have under
Colour of Law directed their Troops to seize and destroy the persons
and properties of the good people of this province, in order tliere-
fore to Secure the property of such Instruments of Despotism, and
prevent the fatal Effects that might otherwise I'csult from their
Conduct,

Resolved, That the Committees of the several Counties in tljis
province do immediately call on every such person within their
I'espective Counties to render an Inventory on (.)ath of all tind Sin-
gular their real and personal Estate, and in case of neglect or refusal
they do direct tlie Commanding Officer of the County forthwith to
cause such suspected person to be brought before this Board.

Tlie Council being informed that the Committee of the Cttunty of
Duplin have taken into their possession a large Quantity of Salt,
the property of Mr John James, and it appearing that Salt may at
this time be purchased at or near Wilmington, and that the said
Mr James hath contracted to procure provisions for the use of this
Province,

Resolved, That the said Committee do suffer Mr James to retain
in tlie County for the purpose aforesaid any Quantity of Salt not
exceeding two hundred' Bushels, and in case the remainder should
be wanted by the Inhabitants of the said County, that they do allow
him the sum of ten shillings proc. per Bu.shel for the same, and
that they do not sell more than two l>ushels to any one Family.

Whitmill Hill, I']s(jnire, one of the Commissioners appointed iiy
the Provincial Council to Charter a Vessel or \'essels and agree with
Masters and Seamen to proceed on a Voyage at tiie expence of tliis
province for Arms and Ammunition, exhibited liis accounts.
Whereby it appears 'tliat he hatli received iVoni t!ie Public Treasury
the sum of fifteen liundred iiounds, ihat he liatli regularly laid out

COLONIAL RECORDS. 643

and Expended in Cargoes -u-hich he Shipped on Board [Captain
James Butler and Captain Daniel Cartwright], on account of this
{irovince, the sum of fourteen hundred and ninety-nine pounds,
fourteen Shillings and seven pence, which leaves a Ballance of five
Shillings and five pence in the Hands of the said Whitmill Hill due
to the public, which Ballances his Account.
Adjourned till To-morrow Morning S "Clock.

Friday, .July o'", 1776*

Met according to Adjournment. •

Resolved, That Col" Folsome deliver to William Sheppard, of
Surry County, sixty bushels of Salt out of that belonging to Robert
Gilles of Cross Creek, the said William Sheppard paying for the
same, and that the remainder of the Salt be kept until further Orders
from tjiis Board ; except what belongs to the Commissaries Mallet
and Gibson.

Whereas Peter Mallet and Robert Cobb, Esquires, two of the Com-
missioners for Inventorying the Tories' Estates in Cumberland
County, appointed by Congress, are so engaged in the Army that
they cannot attend that dutv,

Resolved therefore that Mr David Smith and Mr John Walsh be
added to the Commissioners ai>pointed by the Congress, and are
hereby invested with the same powers and subject to the same
restrictions as the Commissioners appointed by the Congress.

Resolved, That Doctor Isaac CJuion be appointed Commissary to
the Independant Company of .Militia stationed on the Sea Coast
commanded by Captain Selby Harney in the room of Hull Doty
who halh enlisted as a soldier in the said Company.

Adjourned till Monday morning S "Clock.

Monday. July S"', 1776.
■ Met according to adjournment.

Thomas Jones, Esquire, one of the members for the district of
Edenton, appeared, subscribed tlie Tf.st, and took his seat accord-
ingly.

Adjourned till Tomorrow Morni.ig 8 "Clock.

Tuesday, July O'", 177G.
Met according to Adjournment.

RSsolved, That three Tons of powder be sent fi'om tlie Brigades
of Edenton, Halifax and New Bern to Wilmington to be sent from

644 COLONIAL RECORDS.

thence to Charles Town — And that General ^'ail and General
Jones see the two Tons ordered from their Brigades sent off and
that the Committee of the Town of New Bern send the Ton from
that Brigade to AMlmington.

Adjourned 'till tomorrow morning S "Clock.

Wednesday, July 10'^ ITK).

Met according to adjournment.

, Resolved, That the .Judges of the Courts of .Justice for liear-

ing and determining Maritime Matters at the Ports of Edenton,

Bath, New Bern and Wilmington shall before they enter upon the

Execution of their respective Offices take the following Oath, to wit:

" I, A B, do swear upon the holy Evangelists of Almighty God,
That I will in all Cases which may come liefore me as Judge of the
Court of .Justice for the hearing and determining Maritime Matters

at the Port of , execute the said Office with integrity, impar-

tiality'and according to the best of my skill and ability. So help
me God."

Adjourned till Tomorrow Moining 8 "Clock.

Tliursday July ll'\ 177G.

Met according to adjournment.

Whereas this Council have received certain information, That
many Persons within this I'rovince inimical to the Liberties of
America have offered larger sums of the Bills of Credit emitted by
the Congresses held at Hillsborough and Halifax tlian at the rate of
eiglit shillings in exchange for Spanish Milled Dollars; and also
that many persons equally disaffcctcil, have asked and demanded in
payment for Articles of Merchandi/.e higher prices when to be j)aid
in the said Bills of Credit than they have for the same Articles when
to be paid fur in Proclamation ^loney, debenture Bills or in Gold or
Silver, with a maniix-st intention to depreciate and undervalue the
said Dollar Bills of Credit emitted fur the Exjiress purjKjse of secur-
ing and defending the Lives Liberties ;ind property of the good })eo-
ple of this province. It is therefore Resolved, That tiie Committees
of the several counties and towns in this province do immediately
call on every such person within their respective towns and cminties
and on proper })ro<)f being made thereof to cause such person or per-
sons to render an Inventory oiV oath of all and singular their real
and personal estate )jnd in case of Neglect or rel'usal they do direct

COLONIAL RECORDS. 645

the Commanding OfScer of the Count}' forthwith to cause such sus-
pected person or persons to be apprehended and sent to this Board.

Whereas.it appears that the Salt Works directed by the Congress
to be established in this province will not furnish a sufficient quan-
tity of that necessary Article for the consumjjtion of the Inhabitants
thereof and it being requisite that other works be erected for that
purposci and Mr Richard Blackledge being willing and desirous of
undertaking a Salt Work exclusive of the other Commissioners,

Resolved, That Mr Richard Blackledge be allowed at the rate of
twenty shillings per day for every day he shall attend the said
Works himself or by some skilfull person, to commence from the
time he shall begin to erect sucli works.

Resolved, That the Treasurers or either of tliem pay to the said
Richard Blackledge the sum of five hundred pounds to enable him
to erect and carry on said Salt Works, he first giving bond with
Security in the sum of one thousand pounds for the faithfull dis-
charge of tlie trust hereby reposed in him and for the due applica-
tion of the Money hereby granted, And be allowed the same in their
Accounts with the public.

Adjourned till tomorrow morning 8 "Clock,

Friday, July 12'", 1776.

Met according to adjournment.

Resolved, That Captain James Middleton, Captain James Nixon,
Captain John Robinson, Captain William Evans and Captain Henry
Toomer, who latelj^ commanded companies of militia in the county
of New Hanover, do within two months from the date hereof return
on Oath to this Board Lists of their resi:)ective companys containing
the number of officers and men under their command together with
the time each continued in service.

Resolved, That the Treasurers or either of them pa}' into the
hands of John Simpson Esquire for the use of the public three
thousand pounds to be applied by this Board in defraying such puh-
lic contingencies as may happen during the sitting of the Council
of Safety at Halifax, and be allowed in their accounts with the
Public.

Adjourned 'till Monday Morning 8 "Clock.

Friday, July 12^1776.

Met according to Adjournment.
Adjourned till tomorrow Morning 8 "Clock.

G4G COLONIAL RECORDS.

Saturday July lo'\ 1770.

Met according to Adjournment.

Adjourned 'till To-morrow Morning 9 "Clock.

Sunday, July 14"", 177'). «»

Met according to Adjournment. ,

Adjourned till Tomorrow Morning 8 "Clock.

Monday, July 15'\ 1776.

Met according to Adjournment.

It appearing to the Council that the Reverend George Micklejohn
of Orange County has .not agreeable to the Resolve of the Provin-
cial Congress removed himself into the County of Perquimons in
that part of the said County of the South side of the River which he
ought to have done in jjursuance of tlie said Resolve within four-
teen days after the passing thereof for which disobedience, It is

Resolved, That the said George Micklejohn be immediately removed
into the said County at his own Expence'in order to carry into
Execution the said Resolve of Congress; and tliat the Commanding
Officer of the second Regiment of the County of Orange see this
resolve carried into effect.

Resolved, That the following persons be apjiointed Commissioners
Yi/.' Mr Francis Brice at the Town of Wilmington, Mr John Green
at the Town of New Bern, Robert Hardy Esciuire at the Town of
Edenton, Thomas Respe.ss Sen' Esquire at the Town of Bath to
purcha.se within their several districts, Gun powder, Lead and Can-
non Ball, Sail Duck, Osnabrigs, Coarse Linnens, Coarse Cloaths,
Blankets, Shoes, and Leather for the use of the Continental Troops
stationed in this province and make a just return of the purchases
made by them to this Council, and that each of the said Commis-
sioners are hereby im})owered to draw on either of the Treasurers
for the sum of one thousand pounds first giving Bond with good
and sufficient Security in the sum of two thousand pounds to the
Hon'''*' Samuel Johnston Esquire President of the Congress and his
Successors in Office for the faithful Application of such Monies and
that they render true and just Accounts to the Provincial Congress
and also that they produce to such Treasurer the Bond properly
executed before any ]\Ioney is advanced by him.

Adjiiurned (ill Tomorro^\■ Morning 8 "Clock.

COLONIAL RECORDS. 647

Tuesday, July 16'^ 177ti.

Met according to adjournment.

Resolved, That the Treasurers or either of them [lay to Captain
John Forster the sum of five hundred pounds for so much by him
advanced for the use of the public, to be accounted for in the set-
tlement of his Accounts with the public.

Resolved, That the Treasurers or either of them pay to Nicholas
Long E.3quire, Deputy Quarter Master General, the sum of six hun-
dred pounds for so much by him advanced for the use of the Pub-
lic, to be accounted for in the settlement of his accounts; and be
allowed in their accounts with the Public.

The Council adjourned to the Town of Halifax in the County of
Halifax.

[From MS. Rkcoeds in" Office of Secretary of State.]

Letter from James Milles to the Council of Safety about the Iron
Works on Deep River.

Gentlemen,

At the request of M' Thomas Person I lately rode out to M' John
Wilcox's Forge & Bloomery on Deep River, in Chatham County,
and to his Furnace on Tick Creek in the same County. His
Bloomerv and Forge are of present use to the Inhabitants of that
and the Neighbouring Counties, as they supply them with a consid-
erable cjuantity of Barr Iron of a middling good Cjualit^'. The
Cjuantity and quality will be Enlarged and Improved, as soon as he
can make it from pig metal, which always affords better Barr Iron
than can be produced from a Bloomery, as it is better refined in the
Former, than it can be in the Latter. The Furnace is built on a
Creek about ten miles from the Forge, and appears to me to be Avell
constructed, and capacious enough to contain a sufficient quantity of
metal to cast a cannon of a ton weight at least, which if I rightly
remember is about the weight of a nine pounder. I am of opinion
from the appearance of the streams that are to furnish it with water,
that it will be able to work Nine Months in the Year, if no more. Wlien
I saw it, it had been dry weather for a considerable time, which was
visible from the adjacent Fields. There is an almost inexhaustible
stock of wood for coals, and building, on what is called vacant Land,

648 COLONIAL RECORDS.

Five Thousand acres of which ought to be secured as soon as the land
office is opened, for tlie use of tlie work, that it may not be in the
jiower of an Individual to distress a work of so much utility to the
community. I carefully Examined the Prospect of Ore, ami it
appears to me to be sufficient for ages, and to appearance Extremely
rich in metal. This Furnace I am told is not above Seventy Miles
from the Charaws on Great Pee Dee, from whence is a good Naviga-
tion to George Town etc. From Cross Creek it is said to be about
sixty miles, from whence there is water carriage down Cape Fear
River, and from Hillsborough it is thirty odd miles. It now remains
for me to give an account to j'our Honours of the Interest I have
procured for the country in this valuable work. Of the money
granted by the Congress at Halifax, for the purpose of hiring or
buying Iron Works, for the use of the Province, I ventured to recom-
mend to M" Ambrose Ramsey one of the Commis.sioncrs, who was
with me, to advance to M' .John A\'ilct)x two hundred and fifty
pounds on the following Terras, viz: That he the said John Wilcox
ife W"° England his Partner in the Furnace, do Execute a Deed of
Trust for the said Furnace, to Martin Fifer, Ambrose Ramsey and
Tlio' Persons, Commissioners for Iron Works, for the use of tlie
Province, which deed is to be looked ujjon not only as security Tor
the two hundred and fifty pounds then advanced, but also for such
farther sum or sums, as it maybe found necessary to furnish him
with in future, for the Purpose of rendering the said Furnace more
compleat. Besides this I recommended to M' Ramsey to take a
bond to the commissioners and their successors in the sum of Two
Thousand Pounds, conditioned that they use the utmost expedition
in finishing tlie said Furnace and getting it in l>last, and that they
Furnish therefrom to the Founder or Founders, that shall by the
said Commissioners be sent to that work, such quantities of melting
metal as they shall want for the casting of Cannon, mortars, shells
& Ball, for the use of the country, and this for the space and during
the Term of Two Years, in which time I apprehend our country
may be .supplied witli an alnindance of those Articles so Eminently
useful for the defence of it.

Thus Gentlemen I hope it will ai)pcar to you that I have con-
trived to Answer all the Laudable Intentions of tlie Congress in
their Resolve relative to Iron Works being .=!ccured for the Public
Service, without iMitangling them, or their Commissioners, in such
a Multiplicity of Bu.siness, as thi-y would have found bursting; in

( OLONIAL RECORDS. 649

upon them, had the work been made the Temporary or Perpetual
property of the Public.

It now is become necessary to appoint some Person properly
Qualified to go to Philadelphia or to such other of the Northern
Colonies as may be most likel}' to furnish a Founder or Founders
and ^ich having found, to agree with, to repair with the Utmost
Expedition to the said Furnace, in order to go immediately to work.
in casting such cannon &c &c. as shall be directed by the Com-
mander in Chief of our Forces, or such other person as may be
appointed to provide those things.

Tlio same Person ought also to be Enabled and Empower'd, to
procure every necessary material that such Founders may think
necessary — such as moulds, patterns, &c., and to Hire one or more
Waggons, as may be necessary for their Transportation, with the
utmost dispatch. Gentlemen I beg your attention to something
furtlier that I am desirous to mention to you, and which as a Friend
to the community I think I ought not to pass unnoticed. I have
already Informed you, that the Furnace appears to me to be a good
one, that I have reason to believe there will be a sufficiency of water,
and that there is Wood and Ore in great profusion. I must now
inform you that on the Xorth side of Deep River, and I believe not
above half a mile from the Forge, there is Pit Coal, and from what
appears on the surface, such as is very good, so that there is sufficient
Reason to believe, were it dug for, great quantities might be Raised.
Stone for Various Uses abounds tliere, Heartli -Stones for Iron Works
are also to be there got and such as appear to be very good. Grind
Stones of various d- grees of Finess are & may be cut there. Upon
the Whole Nature has pour'd out with a Bountyful hand on that
part of our Country, everything necessary for the Establishment of
an Extensive Iron Manufactory. An additional advantage thereto
is, its being situated in the midst of a provision country ; its conve-
nience to Trade I have already mention'd, from all which I flatter
myself I shall be doing good to this Province, and perhaps to lier
neighbours. While I am Recommending these things to your notice,
I beg leave to say that if a Slitting and Rolling mill aiuT a Steel
Furnace, were to be speedily Erected at or near the place I have been
describing they cou'd not fail of producing the Greatest Advantages
to this Province. The First wou'd enable us to furnish Nails in par-
ticular, as cheap as they can be bought in Britain. The Second
wou'd enable us to produce for market everything made from thin

650 COLONIAL RECORDS.

L'on, such as locks, hinges, &c., &c. And the Steel Furnace wou'd
enable us to Furnish weapons of defence; and eveiy kind of Edged
tools for Artificers and Flusbandmen. Crentlemen I am convinced
that place, or some other in its neighbourhood, from the great abun-
dance of materials, that nature has there so plentyfully bestow'd,
might in a few Years be made the Sheffield of North Carolina, and
perhaps of all the Southern provinces; and it will lie a great means
of Rendering us more extensively Indcpendant, for while we pur-
chase from Foreign markets, those articles so absolutely necessary to
us, we may truly be stiid to be in some degree Dependant on that
Kingdom, or State, from whence we Receive them. If these things
strike your irjinds with the same force they do mine, and if Improve-
ments for the Benefit of our Country arc Objects that jjropperly fall
within the Verge of your Powei', you will I doubt not, fall on such
measures as will be most likely to produce the Salutary Effect. As a
person must be sent to the Northward to procure a Founder for car-
rying on the Casting business, perhaps you may think propper to
give him Instructions to procure persons accjuainted with the metho4
of Erecting such Works; and with "\^'orkmen to work in them. If
you shou'd think such Affairs do not come under your Cognizance,
perhaps you may tliink propper to mention them to the Assembled
Representatives of the Province, next November, where they may
probably be taken into Consideration. Shou'd the whole be disre-
garded, I can't be deprived of the Inward satisfaction of having
pointed out, what to me Appears pregnant with Public Advantage.
I am Gentlemen your Most II'''* Serv'
July 3^ 177G. ' JAM' MILLES.

[From MS. Recokds of YmaisiA.]

Letter from General Griffith Rutherford, Commander in Chief of
the North Carolina forces to Colonel William Christian, Com-
mander in Chief of tlie Virginia forces against the Cherokees.

My own IIousk, Row.vx County,

.7" July, 177(i.
Sii:,

i5y llie council of safety of this province I am directed to march
wilh the brigade of the district of Salisbury under my command,
against (he Ciiertjkee iiiiddleand valley town> at the .same time that

COLONIAL RECORDS. 651

j'oa at the head of your forces march against the overhills, and tlie
South Carolinians against the upper towns. By a letter from Mr
Hammon, dated the 19th of July, I learn that he left Maj. William-
son's Camp the day before within forty eight miles of Cheowee, and
that the Maj. had 1200 men under his command waiting to be rein-
forced by Col. Thomas with 300, and Col. Neal with 500. But does
not learn when they will be ready to march against the towns. I
have therefore sent Express to ^Maj. Williamson and expect an
answer about five days hence, which when received shall be sent as
fast as possible to you. I expect to rendezvous at the head of the
Catawba tomorrow two weeks with 2000 men, ready to march as
soon as your situation and readiness is known to me. By a letter
from the council [of] state of your province to our council of safety,
a copy of which is now before me, I learn that you are directed to
co-op rate with me, and that you are well prepared for an attack,
which in my ojiinion will doubtless be against the over-hill Towns.
As soon as this comes to hand be so kind as to forward imniediately
an express leting me know, as near as \ ossible, the time you'll be
ready to march, which I shall then forward to South Carolina, that
we may unite our strength, and as near as possible, pursue the same
measures in marching forth at once, and by the assistance of Divine
Providence, crush that treacherous, barbarious Nation of Savages,
with their white abbetors, who lost to all sense of Humanity, honor
and principle, mean to extinguish every .spark of freedom in these
United States. Had I time many lines might be added to the few
above, applauding the bravery of the officers and soldiers of your
province in the present struggle for the rights of these States.

Sir, Your most Obt , Humble Servt.,
GRIFFITH RUTHERFORD.

[Fkom MS. Records in Office of Secretary of State.]

Letter from General Griffith Rutherford to tlie Council of Salx-ty
about the e:xpedition against the Cherokees.

RowAX County, July 5'=\ 1776.
Gextlemex,

By the Inclos'd you will see the situation oure Countrj' is in, I
Receved yours by M' Alex', but I Do not think my self so fully

652 COLONIAL RECORDS.

Derected as I wish for, as the Whole of the Proseedings of the
Militia is at youve Derection, I do not find that I ame Warreuted to
proseed after the Lidians out of my District, Xighther to apoint
Rainging party's I Desire full instructions how to act, if you think
it Expedent, to Right to Virginia, & South Carolina, if the Frunters,
of Each of them Provances will joyn me (with your approbetion &
Derection) I liave no Doubt of a Finel Destruction of the Cherroce
Nation, — In my Sentements it is but Consuming both Time &
money to appoint Raingers for a Longer time than forces Can be
Rais'd to go to tlie Nation — I thank yon for Care of the Frunters
of this Province, in Ordering ammunition of which I have received
489i out of lOOOibs you acquaint me off be ples'd to Derect the
Remainder as Quick as possible — The Lead the Commissioners
was to Get, I have seen a letter from the mines that Acquaints them,
that thej' Can suply them with 2 Tunn for sartin by the lO"" of this
Instant, & perhaps 3 of which I shall want the most, M' Lock is to
set off for the Mines, but the want of money is much, as no other
kind will do but gold, or silver, or Contannantel money — you
ought to Provide such money as will answer the purpose.
I am With Grate Respect gentlemen,

youre most obedent Humble Ser'

GRIFFITH RUTHERFORD.

[B. p. R. O. Am. & W. L\D.: No. Carolina. No. 223.]

Letter from Governor Martin to Lord George (xermain.

Sxow Peggy, South Cakoli.nw, within the

Bar off Ch.\eles Towx, .luly 5"', 1776.
My Loi!I),

Since I iiad the honour of writing to your Lonlsliip by the Duke
of Citinbeiiainl Packet nothing of great momon(. or out of the com-
mon course of things has occurred with regard to the Province of
N° Carolina except the withdrawing of the Fleet and Army from
thence on the 31°' day of May, a measure which was taken on the
manifold considerations that the Army was not tlu'n all arrived,
that the season was too far advanced for the service of the Bi-itish
Troops in this climate, that carriages and horses, the indispensible
means of enabling the army to penetrate into the Country, were

COLONIAL RECORDS. . 653

not in our hands, tliat it was probable the Rebels, having already
disarmed the friends of Goveriiment, in case the necessary facilities
should .be obtained by the Army, on its taking footing on shore,
would fall back on the country and drive before them the well
affected, preventing our junction with them and rendering the sub-
sistence of the Army difficult by desolating the country behind
them, but above all the representation of General Clinton that his
Army might probably be ordered to join General Howe before the
reduction of the countrj' could be compleated and order restored,
which would turn victory to defeat, convinced and satisfied me that
the conquest of that Province was not then an object to be pursued.

The Armament on its departure from Cape Fear bent its course
hither as I understand, on fair presumption that a sudden stroke
might be made with advantage, but owing to a train of unlucky
circumstances, which your Lordship will better learn from the Com-
manders of the Expedition, a month was almost consumed before
any attempt was made upon the enemj'. On the 28"' of last month
the Squadron attacked a strong Battery of the Rebels on Sullivan's
Island, and after a severe cannonade that lasted more than nine
hours, the ships having expended most of their ammunition, were
obliged to haul off, having sustained great damage and very con-
siderable loss of men. General Clinton, with whom I had the
honour to be at this time, had made every arrangement that time
and circumstances and the position in which his Army lay admitted,
to support and take advantage of this attack, but the Frigates
intended to make a diversion in his favour being laid aground by
the Pilots, and none arriving at their appointed Station, nothing
could be attempted by the Army but at the hazard of everything.

It is now resolved ray Lord to join the main Army under Gen-
eral Howe and all prejiarations are making accordingly. As my
Family, cutt off from my advice for want of communication, is
detained at long Island near New York and I understand that
Province to be the next object of his Majesty's arms I hope so ten-
der a consideration will justify mo to my Royal Master and to your
Lordship for accompc^iying this Armament thither while it is
utterly out of my power to effect any good purpose in North Caro-
lina where I have left on Board a Transport which I hired for the
purpose under the protection of the King's ships on that Station a
number of the friends of Government win took sanctuary on board
the Fleet during its stay at Cape Fear among wliom there are per-

054 COLONIAL RECORDS.

sons qualified and instructed to keep up a correspondence with and
to give every possible encouragement to the well affected during
my absence, while I do assure your Lordship shall be no longer
than to see how far it may be possible to receive my family- an
additional motive witli me for going thither of which I have the
satisfaction of General Clinton's approbation is that I may be able
to answer the inquiries of the Commamler in Chief in relation to
the Province of North Carolina Avhere as in all the other Southern
Provinces I am firmly persuaded the King's Government may be
restored by the adoption of a Plan of which General Clinton has
<lone me the honour to comnumicato the outlines which that Gen-
tleman I apprehend has the merit of first conceiving and has
formed 1 am sure upon information collected with most universal
pains and attention and better than any other person possesses, its
great object is to get at the arm and draw into use the friends of
Government wlio inhabit the interior Country and by their means
to press tlie Rebels on the back wliile the regular forces engage
tlieir attention on the Coast, it is a plan My Lord in my humble
ojiinion altogether as coii)^.deat in all its parts and hanging as well
together as can be imagined and I must say bids so fair to succeed
under General Clinton's direction that if it fails I should be almost
inclined to think the reduction of these Provinces out of hope which
pursuing General Clinton's Plan I [jcrsuade myself will lie effected
in the most desirable way by the strength of the friends of Gov-
ernment in the Provinces themselves who will evermore after con-
quest most effectually secure their allegiance.

The check his Majesty's Arms have received in the attack made
by the S(iuadron here the other day will certainly operate disadvan-
tageously by teaching the Rebels higher opinions of their own
strength, altho.igh I think it to hv imputed to the deception of the
Pilots in not carrying the ships so close to the enemy works as they
engaged td do, liv wliich as in a ilistant eann<iuade must alwavs be
tlie case, all advantage was on the side of the Artillery on shore,
and the liravery of the British Seamen, which was displayed as
usual uyon this occasion could imt i-nnimaud the success it desei'ved.

I have Ihe honciur itc.,

JO: .AiAirrix.

COLONIAL RECORDS. 655

[Private.]

Sxow Peggy, within C'u.vri.es Town JIar,

July G'", 1770.
My Lord,

As I consider it among tlie duties of my Office to lay before your
Lordship the merits of His Majesty's faithful subjects of North
Carolina, at this time, that loyalty .so little cliaracterises the jieople
of this Continent in general, I have the honour to present to your
Lordship M' The' Macknight, from whose intelligence and candor I
persuade myself your Lordship will derive eve y information you
can wish touching that Colony.

M' Macknight my Lord is not less distinguished from the com-
mon herd of sufferers in North Carolina by the peculiar kn'alty &
fortitude of his conduct, than by the greatness of his losses, and the
disinterested and noble princiitles, which from the beginning of the
distraction on this continent, led him uniformly to set at nought
every consideration in comparison of his duty as a subject. At the
time of the holding the second Convention in the Province of North
Carolina M' Macknight My Lord appeared .1 it as a member, chosen
unanimously by the County in which he resided, and where he was
held universally in the highest respect. He came thither provided
with Listructions from his Constituents ibrmed upon his own just
sense of things, with intention to moderate the measures of that
factious Assembly and to obviate if [lossible, the clanger v.-ith which
he saw it pregnant. A resolve passed that the Members of that
Convention should sign the non exportation agreement, of the
General Congress, and declare at the same time their full approba-
tion thereof, and resolution to rccomniend it to their Constituents.
Upon this occasion M' Macknight singly objected that it was incon-
sistent with his pi'inciples as an honest man to declare his approba-
tion of a measure that was c dculated to prevent his doing the
common justice of paying debts he owed in Britain, &. accordingly
declined the declaration requir d of him absolutely. This honest
revolting was followed immediately by the Convention's sevei'est
sentence of e.xconimunicatiun.^but was not tlie real cause of it. It
had become notorious My Lord that M' Macknight had by liis
influence in the two Counties of Currituck and Pascjuotank obtained
peremptory in.structious to their Delegates to move the Convention
to exj re.ss the highest disapprobation of the Suffolk resolves adopted
by the I ongre-ss at Philadelphia, and to resort to legal & constitu-

656 ■ COLONIAL RECORDS.

tional modes for obtaining redress of grievances, with injunction to
tlicm, failing in these points, to witlidraw from the Convention.

Such my Lord were the true grounds of this meeting's liasty con-
demnation of M' Macknight, of whose instructions they dreaded the
Promulgation, as appears by their being refused when he tendered
tliom to be read before he withdrew.

From the dissolution of this Convention in April, ^P ]\hK'knight,
persevering in the same uj^i-ight and spirited c nduct, unmoved by
the courtship of the most consequential Leaders in faction, or by
the arguments ct pressing instances of his dearest and most intimate
friends, who were embarked on the side of rebellion, was persecuted
and menaced with every .species of terror, until the beginning of last
October, when, threatened hourly with assassination, he fled for pro-
tection to Lord Dnnmore, whose .sanctuary was in his neighbourhood,
and abandoned on the noblest and most disinterested principles, a
l^roperty rea.sonably estimated at thii-ty thousand pounds sterling,
exhibiting an example of loyalty and integrity and spirit that I
think, my Lord I may be bold to say is without iiarallel in this
hemisphere; and next to him I think may be ranke<l in merit his
partners in Trade, M' Aitchison and M' Parker, two very considera-
ble Merchants in ^"i^giuia, who, like M' Macknight, so far have sac-
rificed all of a very great property to loyalty to their Sovereign.

AP Macknight, seeking the first occasion to join me, came to Cape
Fear in February last, bringing the most honorab.le testimonials to
me from Lord Dnnmore of his .services. Assured that his knowl-
edge of the I'rovince and his personal influence would be mn.st
highly useful to me when the expected armament should arri\e, I
pressed his stay and he clieerfully yielded to my importunity while
there was a pr()S}>ect that he could render any service, nor resolved
n})on going to England untill the expcditidii was diiveted towanls
another object.

1 flatter myself, my Lord, the detail I have given yiuir Lordship
of M' Macknight's merits and sufl'erings cannot fail to engage for
him your Lordshij)'s jiowerful and generous jirotection, ami I shall
content myself with having commended him to your Lordship's
justice, in full assurance tliat he will thence derive tho favour of
(iovernment in measure proportioned to his very rare and uneom-
nion deservings.

1 liave the honor to be, ite.,

JO. ALVRTIN.

COLONIAL RECORDS. . 657

[From MS. Records in Office of Secretary of State.]

Letter from President Rutledge of South Carolina about the Chero-
kee Indians.

CiiA= Town, July T\ 177G.

SlE,

I am sorry to acquaint you, that, notwithstanding the most
friendly Assurances, given at the late Congress, to the Continental
Commissioners, bj' the Cherokee-Indians, these Peojile have actually
begun a War against the Colonies. The lower Towns, some Time
ago, suffered Cameren, (Stuart's Deputy in the over-Hills,) to have
two Men, Hamptons, who resided there, & were in our Interest, seized
and carried to Cameren, but they would not permit any of our Peo-
ple, who were in the King's Interest, to be taken. They have made
several Prisoners, plundered Houses, & on the 30"" ult° proceeded to
kill some of our People. These outrages must not go unpunished,
but be instantly checked. Conceiving tliat the most effectual way of
putting a Stop to them will be to march a considerable force, from
this Colony & North Carolina, into the Heart of the lower & Middle
Towns, & of the Yalley-Settlements, efe that, at the same Time, or as
soon as may be, the Over-Hills should be attacked from Virginia
from whence alone it can be done to Advantage, & may with great
Ease, Gen' Lee and our council, being of the same opinion. I have
givn orders to Major Williamson, to proceed with what Men he has
embodied &" can raise, which I suppose may be about Eleven Hun-
dred, & march against the lower Cherokees — then carr}' on a War
again,st them, unless they will submit to reasonable Terms. Ide will
set out in a very few days. I have wrote to the President of the
Convention of ^^irginia, to order a Body of Men from that Coleny
to attack the over-hill Cherokees. And, I hope, that as the object is
of the utmost Importance, & there is not a moment to be lost in
taking such Steps, as may effectually put a Stop to Apprehensions
of danger from these Indians, & others, who may be intimidated by
their Fate, that you will immediately cause a sufficient Force to
march from North Carolina, with the utmost Expedition, to assist
Major AVilliamson against the lower Cherokees, untill they shall be
brought to such Terms as may be safe & honourable.

VOL. X — -42

658 COLONIAL RECORDS.

I shall be glad to have voui' Answer as soon as possible, & hope
to meet with no difficulty, delay, or disappointment on the part of
your Colony.

I am Sir Y' obed' & very hble Serv'
. ' J. RUTLEDGE.

Extract of my Letter to Major Williamson.

"The Indians must be bro' to reasonable Terms tho' the}' must,
in a great Measure, be left to your discretion, I will hint what I
think should be insisted on, viz'.. That they deliver up all who have
committed any Murders, Thefts or Robberies, to be punished by us.
That they deliver up all white persons in their Nation, except such
as you shall permit to remain there, particularly Cameren and his
Agents, for We shall have no peace while they stay t'lere That
they suffer no white person to go to or stay in the Nation, but such
as have Licenses from the President of this Colony, or Georgia, or
from the president of the Council, or Congress of North Carolina, or
Virginia, but that any person going without such License shall be
immediately apprehended by the Indians and delivered to an officer
nearest the place where they shall be apprehended. That all Com-
missioners, Agents & Traders having such Licenses shall be suffered
to reside in the Nation with' Molestation. I think upon these Terms
we may make peace & enter into an Alliance, offensive and defensive,
with them, which will be attended with greater advantage than
was heretofore proposed, viz', that instead of remaining in a State of
Neutrality with respect to British-Forces, they must take part witli
us, against them, or any Enemy, Indians or others. You know the
Continental Commissioners had Instructions to engage only a Neu-
trality, but now the Congress have agreed to enter into an Alliance,
offensive and defensive, with the Indians, which I hope will be soon
concluded at tlie Northward, if it is not already. You may, & I
think, thei'cforc, should do so with the Cherokees, the old treaty
with respect to the Indians not crossing the Loundary-Line without
Leave, to be strictly ratified. AVhether Hostages sh'' be delivered
for observance of a treat}', is a Matter of which you will be best
aljle to judge. I think We ought, if possible, to have some Security
from such iaithless Savages. If Matters are i)ushed with Vigour &
Expedition at this critical Season (for on Account of their Crojis
We c*" not have a better). We may soon put a stoji to, <.tc."

COLONIAL RECORDS. 059

[From MS. Records in Office op Secret.'VRY of State.]

Letter from General Charles Lee to the North Carolina Council of

Safety.

Charlestown, July y° 7'^, 1776.
Sir,

M' Rutledge will inform you by this Express of the outrages
committed by the Cherokees which must be construed as the com-
mencement of a AVar.

As it is now certain that a capital and favourite part of the plan
laid down by his most excellent and clement Majesty George the
Third, is to lay waste the Provinces, burn the habitations and mix
Men Women & Children in one common carnage by the hands of
Indians; and as this Y>nvt of his plan, tho' of a piece in point of
humanity, is certainly more big with mischievous consequences than
the rest; It appears to me absolutely necessary to crush the evil
before it arises to any dangerous height — indeed if we avail our-
selves of the event, it may prove a fortunate one — perhaps we
ought, in policy, to have wish'd for it. We can now with the
greatest justice strike a blow which is necessary to intimidate the
numerous tribes of Indians from falling into the measures of the
Tyrant, and as these C herokees are not esteem'd the most formidable
Warriors, we can probably do it without much risk or loss. I th nk,
then, Sir, that without a moments delay a body of Rifle Men from
your Province shou'd be immediately furnish'd forth, to act in con-
junction with the South Caroliners against the lower Nation, whilst
the Virginians march against the upper — I make no doubt of your
being able to make a severe, lasting and salutar\' example of 'em.

Clinton's Army & Parkers Squadron are pretty much in the same
situation as when I wrote last. They daily indeed make some alterations
in the position of their land Troops from one Island to another perhaps
for new air or water of which the D(*5erters sav thev are in great want •
they tell us likewise that a considerable sickness prevails in the
Army and greater discontents from hard duty and bad diet. The
Spirit of Desertion begins to shew itself, five Soldiers came over
these last two Nights, who assure us that were they not on an Island
from which it is difficult to escape, two thirds of their Army would
soon be with us; I am myself inclined to believe 'em. Upon the
whole, when I consider the difficulties which the Enemv Generals

660 COLONIAL RECORDS.

have to encounter, the temper and disposition of their Troops, and
the improving spirit of ours, I assure myself that 'the game is in
our hands. God give usmore grace than to shuffle it away.
I am, Sir, with the greatest respect

Your most oh' humble Servant,

CHARLES LEE.

[Reprinted from Ramsay's History of Tennessee. P. 148.]

Deposition of .Jarret Williams about the Hostile Intentions of the
Cherokees.

FiNCASTLE, ss — The deposition of .Jarret Williams taken before
me, Anthony Bledsoe, a justice of the peace for the county aforesaid,
being first sworn on the Holy Evangelists of Almiglity God, deposeth
and saith: That he left the Cherokee Nation on Monday night the
8"' inst. (July), that the part of the Nation called tlie Over-hills
were then preparing to go to war against the frontiers of ^"irg■inia,
having purchased to the amount of 1000 skins or thereabouts, for
mockasons. They were also boaling flour for a march and making
other warlike preparations. Their number from calculation made
by the Raven Warrior amounts to about six hundred warriors, and
according to the deponents idea he thinks we may expect a general
attack every hour. They propose to take away negroes, horses and
kill all kinds of cattle, sheep, &c., for which purpose they are well
stocked with bows and arrows; also to destroy all corn, burn houses,
&c. And he also lieard that the ^'^alley towns were, a part of them,
set off; but that they had sent a runner to stop them till all were
ready to start. He further relates that Alexander Cameron informed
them that he had concluded to send Cajitain Nathaniel Guest, Will-
iam Faulin, Isaac Williams and the deponent with the Indians till
they came near to Nonacliucky; then the Indians were to stojj and
Guest and the other whites above mentioned, were to go to seejf
there were any King's men among tlie inliabitants; and if they
found any they were to take them oh to the Indians or have a
white signal in their hands or otherwise to distinguish them. When
this was done they were to fall on the inhabitants and kill and
drive all they possibly could; That on Saturday the (!"' insl. in the
night he heard two prisoners were brought in about midnight, but
the deponent saw only one; that the witliin Williams saw only one

COLONIAL RECORDS. 661

scalp brought by a party of Indians with a prisoner, but from
accounts they liad five scalps. He also says he heard the prisoner
examined by Cameron, though he gave a very imperfect account,
being very much cast down. He further says that the Cherokees
had received the war-belt from the Shawnese, Mingo, Taawah and
Delaware Nations to strike the white people; that fifteen of tliB said
nations were in the Cherokee towns and that few of the Cherokees
went in company with the Sliawnese, &c. ; that they all intended to
strike the settlers in Kentucky, and that the Cherokees gave the
said Shawnese, &c., four scalps .of white men which they carried
away with them. The said Shawnese and jNIingoes informed the
Cherokees tliat they were at peace with every other nation; that the
French were to sui:)ply them with ammunition and they wanted the
Cherokees to join them to strike the white people on the frontiers,
which the Cherokees have agreed to do. And the deponent further
saith that before he left the nation a number of the Cherokees of
the Lower towns were gone to fall on the frontiers of South Carolina
and Georgia and further saith not.

JARRET WILLIAMS.
Signed before

Anthony Bledsoe.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Tryon County.

North Carolina ]
Tryon County. J

This day I had a Certain .John Auston before me whome by his
Traviling through Different Parts of the Country Sotherly — and
has Publickly Refused to Take the Oath Proscribed By Our Council
in said Province —

These are therefore to Require you to him safely take To Salsbury
Gaol, there t) be Continued untill Such Times as he may be Dealt
with According to order of Superior Authority.

Given under mj hand this 9'" July 1776.

AVIILLIAM GRAHAM.

To the Gaoler at Salsbury.

662 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Letter from General Griffith Rutherford to the Council about the
Cherokees.

.July y' l•2'^ 1776.

HONERED GeNTELMEN,

This is furder to acqueut you of oure Trobles ; this Day I Ree'' an
Express from Col" Backman and it gives me account, that Last
Weak there Was 40 Indens on Cro'oked Creek & that one Middleton
is kiled there — Indins Was seen meney miles furder Down the Cut-
taba River. I am applid Daley tow for Relefe ; ancesly wating for
youre Listructions; pray send, if Possible at Lest 1000 lbs. more
Powder, besides what you first Voted, for People in the frunters will
move off if not suplid with that article. I Plead for Expedition,
M' Alston the berrer is appoinf* Conimesare for a Large Number of
men & as Salt is Not to be got without youre approbetion I Hope
you will Give orders to the Marchants of Cross-Creek to Let the Com-
messarys of Salisbery District have at Lest 300 buishels,
I am Gentelmen youre Humble serv'

GRIFFITH RUTHERFORD.

[From MS. Records in Office of Secretary of State.]

Letter from Captain James Anderson to the Council of Safety.

Mattamuskeet, July 12"", 1776.
Sir,

I have the happiness to Inform you that I have fully made Up
my Company at Ocracock — And have pray'' y" freedom to Draw on
you for the sum of Two Hundred & Ninty five pounds prock —
Which I should be Glad You'd Order paid to M' John Jones — it
being for a quantity of Cloth &c. for y' Use of my Company.

I hope to be Capable of guarding against all Enemies who may
offer to oppose us here.

In hast I am Sir Your Hunib. Serv'

JAS. ANDERSON.

COLONIAL RECORDS. 663

[From MS. Records in Office of Secretary of State.]

Letter from Doctor .John Fergus to the Council of Safety.

Wilmington, July l-.i* 1776.
Sir,

By the hands of Capt° Forster I beg leave to present my Acco'
Against the Public from last Settlem' up to the 12"' Inst for many
Services & a great deal of Labour as Capt" Forster can^testify, the
Soldiers and ]\Iilitia being ver}' sickly in general; And have to
observe to the Council, that every thing in this Acco' is Charged at
a much lower rate than is Customary here or than in my former;
In Consequence of which I hope 'twill meet the approbation of that
Hon"' board & be allow'd Nem. Con. as only a reasonable Compen-
sation for mj' vast fatigue & Extraordinary Exertion to give sat-
isfaction to officers & Soldiers, which I flatter mj^self I have done so
far. The Council will please observe I have all the sick of the
jst 2d 3d ^ 4th j^egim" that are here to Attend, and the Militia too,
as far as I am able, by particular desire of Gener' Ashe & his
officers; mj' mate M' Ward is a very assiduous young man and of
great assistance to me, for whom I have Charg'd one Month's pay
being due the 11'" Inst' which I hope will also be approv'd of, and
added in the Certificate when pass'd on an order on the paymaster
for it, as the young Gentleman has no other dependence now, cant
afford to lye out of his pay, and being well assured 'tis not the
desire of j'° Council that he shou'd. Am with all due respect

Your most Obed' H"' Serv'

JN» FERGUS.

[From MS. Records in Office of Secretary of State.]

\

Letter from Ransom Southerland to the Council of Safety.

Wilmington, 13"' July, 1776.
Dear Sir,

I address myself to j'ou, as a principle member of that Honble.
Body who have a Right to inquire into, and Redress any grievance
civil, or Military that may exist in this Country.

Give me leave to inform you Sir, that I have Just Reasons to
believe (from the Contents of a Letter I this minute Rec'' from the

664 COLONIAL RECORDS.

young man who Transacts my business at home), That a certain
David Jackson, one of those Culprits who made their escape from
the guards Sent by the Congress to the Northward, & was again
ordered by the Council when in this place to be retaken by Col°
Folsum, is now runing at large, and is Srudely Suspected to be a
principle in the most Atrocious villiany that human heart could
suggest. You will remember Sir, from a recent Conversation with
me that there are but few j^eople in the Neighbourhood wherein I
have Resided for a few years that are friendly to \° Common Cause.
One of those unliappy men was a few days since privately Shot &
mortallj' wounded, and of his wounds he died in a few hours.
Another young man who was very Active against the Tories when
they imbodied last Winter was fired at a little time after, while
peaceably at his dayly labour, & narrowly Escaped his life, tlie ball
went thro' liis hat within an Inch of his Scull. This Jackson Sir,
& a certain Jacob Kagle is Suspected to he the authors of this Cruel
& Bloody mischief, as they are now living privately in the woods.
The young man also writes me that he is obliged to keep himself
closely concealed within the walls of a Neighbours house to prevent
(if possible) their Sliping a Ball thro' him.

I am at a loss to know what the Council may determin on, from
this information as it is not in Evidence, but I do from the Confi-
dence I have in the Youth above mentioned, assert it as a fact, and
am also as certain that the lives and properties of the few friends
we have in that part of the Country cannot be Secured to them
unless it be by your timely interposition. The little property they
have left me, is not of value Sufficient to Justify the Council in
having a Small Troop at the expence of this Country to protect it, —
Nor do I ask it. But you'll excuse me Sir, when I say that it effects
me very Sensibly to hear that those poor fellows who manfully stood
forth to Suppress the late Tory Insurrection, should now be cut off
from their famalies, and Dearest Connextions, & perhaps the little
property they may have to Support and raise their Children on, will
be destroy'd by those bloodthirsty Scoundrels.

I wish the Council may think with me, that it is now liigh time
the point Should be Settled with those fellows. They will then
order General Rutherford, or Col° Folsum, to march immediately
with 3 or 400 men into their Settlements & put those Rascals to
death on Sight, & that they lay waste the Country where the inhabi-
tants refuse to deliNcr the OlVciidors, as 1 am well convinced thev

COLONIAL RECORDS. 665

are concealed by the inhabitants. This may be thought Severe
doctrine, but until Something of this kind* is adopted, you may rest
assured no man there dare ever Say a word in favour of .\merica, if
he does, you find he does it at the Risque of his life & fortune.

With due Respect to the members of Council I beg leave to Sub-
scribe myself, your honors

Most Ob' hble. Serv'
RANSOM SOUTHERLAND.

N. B. — Cap' Foster Saw the Letter I have Reference to.

[From MS. Records in Office of Secretary of State.]

Letter from Charles Roberson and .James Smith about the Cherokees.

Wataug.vh, .July the l3'^ 1776.
The day before Yesterday Isaac Thomas, Jarret Williams & Will-
iam Falling arriv'd here from the Cherokee nation in three days
and made oath that the Cherokees Creeks & Shawnees were all
Combin'd together to Fall upon the Frontiers of the Provinces the
Creeks upon Georgia Cherokees on the Carolinas and the Shawnees
on Virginia at the same time determined to continue a war with
the whites all this Summer but they will Clear the western water
settlements the Cherokees have appointed Nonachuckeh their Place
of Rendevous during the s'* Exjiedition. These deponents allso
sayeth a little before they Came away 15 Shawnees was at the
Cherokee Nation Concerting measures with theru Concearning the
War and Intend to fall upon Louisa as they Return — they say
allso that when they Caxae away three hundred Warriors was in
Readiness to Start the next morning to French Broad river where
they was to join a Reinforcement from the Valley Towns which was
to march Immediately against these Settlements Cameron desired
them not to start within 20 days, But the Warrior ans** that the
time was appointed & he wou'd not be disappointed, Cameron ans*
if he wou'd go then he might, he shou'd Continue to furnish them with
ammunition. as long as they Continued the war — that many white
men was trim'd & painted to Come to war with the Indians. They
allso said that very lately some Indians brought in a white man
Prisoner with a white hians Scalp & threaten to burn the Prisoner

666 COLONIAL RECORDS.

but Cameron desir'd them not to bring any more Prisoners in alive
but kill as they went the Indians danc'd & Rejois'd Grately over
the Scalp, they saj' that the white men are all Sc'ifallitic thats Join'd
the Indians, and Intends to kill all the white men they Can and
steel all negroes & drive away all Cattle & horses they Can find &
these dei:)onents further sayeth not.

Sworn before me the day & date above written.

CHARLES ROBERSON.
JA= SMITH.

Whereas we the subscribers have Rec'' the above Express do
hereby Impower the Barer to supply himself with good sufficient
horses to forward him on his journey to .Jeneral Rutherfords &
back.

Given under our hanns July 16"" 177G.

JN" HORN Sen'
JN° SNEAD <. LARK.

[From MS. Records is Office of Secretary of State.]

Letter from James Davis to the Council of Safety.

Newbern, July 13'\ 177G.
Sir:

1 la.st night rec'' your Favour with the Papers inclosed. I imme-
diately gave it all the Dispatch in my power, and now (three in the
afternoon) discharge the iNIessenger. I shall take due Care to dis-
perse a number this Way. The brave stand made at Cha' Town
must certainly damp the spirits of the British Tyrants and make
them think seriously of parting with America. This glorious news,
with the Resolve of Council against the Tories, has caused a very
groat Commotion among them. They are Hocking in to sign the
Test & Association.

The Resolves sent down are printed, a number dispersed here
and the Remainder inclosed & sent by the Messenger.

The Council's Letter to the Committee in Relation to the Powiler
was immediately attended to. Col. Bryan ajiplied to to dispatch it
off under a Guard of Militia, which will be done as soon as Car-
riages can be got.

COLONIAL RECORDS. 667

I inclosed you a Warrant for my last half year's salary, request-
ing the Favour of you to sign it. When Time permits pray Sir be
good enough to send it down by some safe Hand. I have several
Warrants for my Salary yet unpaid, and lying out of Money these
distressing Times is grievous. Hope the Council will "consider me
and order Payment. Am Sir respectfully.

Your most obed'

JAMES DAVIS.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Rowan County.

North Carolina, |
Rowan County, j

Whereas, a certan John Auston, Late of Tryon County, is cliarged
of being an Enomy To Ammerican Liberty, & also Refuses to take
the oath Proscribed by the Counsel of Safety of this Provance,

These are therefore to Command You to Take the s* Auston Into
youre Possession, & him safely keep in youre Gole Till Furder Orders.

Given Under my hand, this 13* Day of July, 1776.

GRIFFITH RUTHERFORD.

To the Golor of the Gole of Salisbeiy District.

[From MS. Records in Office of Secretary of State.]

Letter from Doctor S. Cooley to the Council of Safety.

Camp at Wilmixgtox, July 13'\ 1776.
Sir:

I beg the favor of you to let me know whether there is any pro-
vision made bj- Continental Congress for supplying the regiments in
this Province with Medicines; I have hithertoo used my Own, but
unless I have a new supply shall soon be out of some of the most
principle Articles. I could have sui^plied myself had I been sup-
plied with money, but the Pay master refuses to advance any money
for that purpose. The«consumption of medicines is very great; for
3 weeks Past I've had from 20 to 30 in the Hospital belonging to

668 COLONIAL RECORDS.

the 5"" regiment. The sickly season is now coming on fast, and
unless I'm speedily supplied I shall be distitute of such medicines
as I find of most service here. I furthermore beg the favor of you,
Sir, to let me know what a Surgeon's Pay is, how many rations he
is allowed, -rt'liether there's any mate allow'', if so, what his Pay is
to be, and who appoints Him. Your compliance will much oblige,
Sir Your most Obedient Hum' Servant,

S. COOLEY.

[From MS. Kecords in Office of Secretary of State.]

Letter from Ralph Gorrell to the Council of Safety.

Mr Chaikm.vn, & Gentlemen of Honorable Council,

As 3'ou will Receive by the hands of the bearer a letter to you
Directed from Brigeder Rutherford, (as I suppose) jjraying that your
Honors would order sum salt for the Distract of Salsbuiy and alsoe
more powder, for the use of the Militia now order'd out again.st them
Indians ; and as Col. .John Peasley of Guilford has appointed me
Comosary for the Guilford Batalion with the abrobation of the
Brigeder for said Distract, I should be Glad that your Honors in
your Great Prudance would be pleast to order it that Each County
in said Distract might know the quantity, and I should be Glad that
you would send by the Beai'er if you think projier an order to me to
Receive at Cross Creek what Quantity you may a Judge Nessaeiy for
Guilford so that I might be the more Expeditious in Geting the pro-
vissions readj- for the men ; & as there is a number of the militia
Drafted that wants Guns in this County should your Honors Resolve
that what tory Guns is in this County fitt for servace that the militia
should have them on this Expedition it would perhaps Expediate
their Dispatch. I should be Glad if your Honors would inform me
if you order any of the .salt for the militia of Guilford wliether or
not the monej' must be remited to the merchant there or he Charge
the publack

Your Honors Com[>lcyance with this will much (Jblige, Gent"

Your very Humble servant,

RALPH GORRELL.

Guilford, -Julv the 1-P, 177G.

COLONIAL RECORDS. 669

[From MS. Records in Office of Secretary of State.]

Letter from General Griffith Rutherford to the Council of Safety

about the Cherokees.

July y° 14'\ 177G.
Honourable Gextelmen,

I am Under the Nessety of sending you by Express, the Allerm-
ing Condition, this Contry is in, the Indins is making Grate
prograce, in Distroying & Murdering, in the frunteers of this
County, 37 I am Informed was kill d Last Wedensday & Thursday,
on the Cuttaba River, I am also Informed that Col° M°Dowel 10
men more & 120 women & Children is Beshaged, in sume kind of a
fort, & the Indins Round them, no help to them before yesterda}^ &
they were surrounded on AVedensday. I Expect the Nex account
to here, that they are all Distroyed. Col° Backmans is the frunter
of this County, pray Gentelmen Consider oure Distress, send us
Plenty of Powder & I Hope unde God, we of Salisbery District is
able to stand them, but, if you allow us to Go to the Nation, I
Expect, you Will order Hilisbourgh District, to Joyn Salisbery,
three off oure Captans is kiled & one Wounded. This Day I set
out with what men I Can Raise for the Relefe of the Distrest,

I am Gentelmen in hast

Youre Humble ser'
GRIFFITH RUTHERFORD.

P. S. I Cou'd wish you would sit at Hilisboury, that I Could
send to yon with more speed ife you Could know of Case better.

G. R.

[From MS. Records in Office of Secretary of State.]

Letter from Charles Medlock and Will Pickett to the Council of Safety.

Gentlemen :

I am sori'y that I have to inform you that the Torys is imbodying
themselves together upon the waters of Drowniug-Creek. We are
Credibley informed they are Part of this County & Part of Cumber-
land Countv, & as we think the Countv is in danger We think it

670 COLONIAL RECORDS.

Avould be proper to raise a compaii}' of Light horse to be held in
readiness upon any call, & Let the s* Company be Provided for by
any Person we tliink shall be most Proper. Your Oppinion upon
the same would Much oblige

Gentlemen your Most sincere Friends & well wishers,

CHA» MEDLOCK

WILL PICKETT.

Anson County, July 22",'' 1776.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Pitt County.

Martinborocgh, .July 23"^, 1770.

Committee mett.

Present: Jas. Lanier, C. M.; Geo. Evans, Benj. May, Jas. Gorham,
Arthur Forbes, John Williams, Edmond AVilliams, David Perkins,
Godfrey Stanccl, William Robson, Jesse Jolley, Geo. Moy, Rich''
Grist, Simon Pope, Jas. Lathem, & Thos. Wolfenden.

Ordered, That Jos. Hickman have leave to warrant Capt. Inlow.

Ordered, That Michael Ellis have leave to sue Setli Lanier.

Ordered, That Elenor Bright have leave to sue Randall INPDowall.

Adjourned to Saturday, August lO"".

[Fkoji MS. Records in Office of Secretary op State.

Letter from the Safety Committee at Edenton to tiie Council of
Safety.

Ix CoMNriTrEE, Edkxtox, 25"' -Inly, 1776.
We liavc tills (lay had lodged with us an information that a num-
ber not less tiian one hundred and hfty men chiefly from tlie County of
Perquimons have determined to pay the Town of Edenton a visit
and lireak open every Store and AVarehou.se and take all the Salt ,
they can lind. We have iuiiuircd into the situation of affair.^
res|.ecting tliat article and find that what is now in Town is not
sufficient for the use of the possessors and that the intention of the
mobb is only to get salt without paying for it. We beg leave to

COLONIAL RECORDS. 671

referr your Honors to a Letter of M' Cummings from Xixonton and
we do earnestly intreat you will take the most eflfectnal methods
in your power to Suppress Mobs. We wou'd not presume to
advise much less to dict;ite to so wise a body as yours but we
wou'd humbly premise that you on being acquainted with matters
of this kind would think and find out ways and means to prevent
the worst part of Society ruling the best. We expect much from
you — to you we have entrusted much — we have wrote to the
Chairman of the Committee of Perquimons and to the Chairman of
this County they will we doubt not do everything in their power to
jireserve good order.

We are Honble Sirs

Y' mo : obed Serv"
JOS. BLOUNT, Chairman.
Bv order Will Halsey, Clerk.

[From MS. Records in Office of Secretary State ]

Letter from President Page of Virginia to the North ( arolina Coun-
cil of Safetv.

W'^BURG, Julv 26"', 1776.
Sir,

On your first application for Lead, we directed our manager to
deliver two Tons to JNI' Lock, or your Order; and, receiving a second
Letter requesting five Tons, we ordered that all the Lead w°'' was
not immediately wai;ted for the use of our own Troops on the
Frontiers .should be delivered to him. On the first Intimation of
the hostile Disposition of the Indians, we sent up an Express to give
Directions for the necessary Preparations for an Expedition again.st
the Over-hill Cherokees. Our first Plan was to send 900 men; but
on receiving your last Letter now before us, we thought proper to
consult Col. .Stephen, who had served on an Exped'tion again.st
those Towns in the last war, & his advice we have adopted, which
is to send out immediately 1200 Men from Virginia, & to desire
about 300 from the Frontiers of your State, most convenient to ours,
as the Colonel supposes that the Forces from S° & N" Carolina will
easily force the Indians of the lower Towns & middle settlements
to abandon them, and that thev will then retire to the Over-hills

672 COLONIAL RECORDS.

joining tlieir whole Force, which with tlieir Confederates may be
very considerable, & would make a formidable attack on the Troops
on Holstan River. Assistance is required from you in that Quarter,
as numbers of our regular Troops in the Continental Service were
drawn from thence. The Place of Rendezvous for your Troops to
be at Stalnackers or Holstein. The Distance between the lower
Towns & Over-hills is so great that it is impossible to get any Intel-
ligence from, or to keep up any Correspondence between the Forces
acting in those Parts, as we once flattered ourselves might be done.
We shall do all in our Power to lay in Provisions & Ammunition,
but without assistance from you we sliall be extremely distressed
for want of Salt. We beg therefore that you will please to send us
as much of that article as you can possibly procure tt spare. The
Mode of Payment shall be settled when we can receive your advice
on tliat Head. His Excellency our Governor is not yet able to
attend to Business, or he would have return'd you many thanks for
your kind Congratulation on his Appointment. I have the honor
to be Sir

Your most obed' h*"'" Ser'

.JOHN PAGE, President.

[From MS. Records in Office of Secretary of State.]

Letter from Wm. IMaxwell, a Prisoner in .Jail at New Bern, to the
Council of Safety.

NEwmcKX, .July 2G'^ 177H.
Sirs,

Necessity, I hope will be excepted as an apoligy for trouliling you
at this time. I have wrote two Petitions to tlie Council and liave sent
you two Lettei's, But has Received no an.s"'. My Present Condition
is Disagreeable beyond description, and before it would prefer death,
from any hands but my own. I can .say nolhiiig more on this than
I say'' in the Petitions I sent, and what was there say'' was the trutli,
without any Evation, and what I ment to perform, as was becoming
a Man of Honor, that had confirmed liis promi.se by oath. I S'
must beg of you to move it in Council once more in my behalf.and if
they will be pleased to place conhdence in me. Restore me to my
Liberty, I hear promise by everytliing that is Dear to a man, not to
abuse such confidence in the Least, but to act as is becoming an

COLONIAL RECORDS. 673

Individual who has the good of tlie American Cause at Heart, & if
I have an opertunity shall convince you and Every man, that I
Deserv'^ that Liberty I now Solicite. I am Confident M' Harnett,
tho' strict in Justice is Ever Compationate and will Consider my
present situation, from whicli I Earnestlj^ pi'fiy to be delivered. If
Rl"' Harnett will be so Obliging as to Ans'' this by a Line, the favour
will never be forgoten by

S' your Moste Humble

Obedient & Much Ablg* Ser',

W" MAXWELL.

[From MS. Records in Office of Secretary of State.]

Statement of .Jolm Dunn as to his arrest in Salisbury, his removal to
South Carolina and his imprisonment there.

Sir,

Persuant to your request of me, I have drawn up the Folowing
State of Matters and facts, as they are with Regard to my person,
being Seized upon, in my own Province and Sent Prisoner to Charles
Town Together with M' Benjamin Booth ; where I now am, and
have been for Twelve months, wanting a few Days.

Some Time about the last of i^ ugust or Beginning of September
in the Year 1774 and previous to the meeting or Assembling of any
Congress or Committee in any of the Southern Provinces, or their
having entered into any particular Resolves, with regard to the
general cause of American libertie. So far as at that time I had any
knowledg off. A Certain William Temple Coles Then a magistrate
came to me at the Yard in Salisbury where I then was looking over
Some hands who, were then at work for me, about Making of Bricks.
M' Bootli and others Present. M'^ Coles PuU'd out of his Pocket
A northern News Paper, where printed I do not Recollect, and
Among other Things he Read Certain, Resolves or Protests, entered
into by the people of New York and declaring their disapprobation
to the Measures then Carrying on by the people at Boston & in
opposition to the British Acts of Parliament, Touching the Tea
act and other Acts that as Soon as he liad read those resolves he
Seem'd to approve of them \'ery Much, and then said he thouglit it
was Vei'y Necessary and becoming the people of our Province,
Especially Crown officers to enter into Such like resolves or Resolves
VOL. X — 43

674 COLONIAL RECORDS.

Similar to those and then prevailed on jVP Booth to draw up Some-
thing of that Nature; that in a few daj's after, I being at M' Coles
house in Salisbury, M'^ Booth, produced a paper Containing a
Declaration of Allegiance, fidelity and obedience to his Majesty and
Submision to the British Acts of Parliament in General, & That this
p per being similar to that published at New York it was approved
off by ]\r Coles, M' Walter Lindsay (who also w^as a magistrat) and
my" Self and was then Signed by M'' Lindsay, M' Booth and My Self
and I believe one Person More; W Booth then kept the paper and it
was then concluded upon by us not to offer it to any other person to
be Signed. Neither have I been privy to its being Signed nor no
Copy thereof by any other person to tliis Hour, nor have I made
any Inquiry about it Since.

Shortly afterwards, I being at Mecklenburg Court I had learned
that M' Avery had by some means procured a Copy of M"' Robinson
a schoolmaster in Salisbury, who had copied it fair from the Original
Rough draft. I was also told that M' Avery had Read it to the
whole Presbyterian Congregation at their Meeting at Mecklenburg.
I being asked at that Court by some persons who Shew'd me a copy
(given I presume by M' Avery,) whether or no I knew anything of
it, to which Question I answered in the affirmative. In September
or October following and on a day when a general Muster was held
in Salisbury, Some of the Inhabitants in Salisbury and adjacent
Neighbourhood formed themselves into a committee and amongst
other matters there Deliberated and Considered upon the above
paper or Copy was Considered upon, and after some time (it was as
I had been Informed) was Voted Seditious, libilous, and InHama-
tory &e.

I heard no more of the matter from that time untill the last daj^
of July following, which was almost a year, (During which Time
Many Committees, and Councils of Safety, and Committees of
Intelligence Sat in Salisbury where I lived. I was Never I'.xaniined
or brought to an^^ Account, before them. Neither had I to this day,
been asked to associate with them, Nor join in their deliberations,
Neither have I ever seen any S'cociation Pajier nor do I believe they
had any untill I procured one. Since my Confinement in Charles-
Town wliich I inclosed to them iis a }>rese(lent to adopt another by
it Suitable to the genius of the I5ack inhabitants of North Carolina;
I Rccolect that at a time When the People were met at the Court
house in Order to choose New Differi'nt Cimnnittees and a Council

COLONIAL RECORDS. 675

of Safety, my assistance was asked for by some Gentlemen. I
attended, and Told I could not act my Self in any public Capacity
from Meer Principal and Matter of Conscience; have at diver's times
and on many Occasions, before then taken the several oaths of
Government, as also being then the Sworn and Acting Attorney for
the Crown, in Rowan County Court as also A notory Public in the
Province, But that I was Read}' at any time to assist them in *•
Choosing of fit members for Committees an 1 Proper persons to attend
as Delegates to Serve in general Congress and assist them with my
advice or Oppinion upon any Special Ocassion, with which they
Seemed well Satisfied and Accordingly I did; which gave great
umbrage to a Certain person then Present, he having missed being
Elected himself owing as he imagined to my fault, and wondered
wliat right I had to Interfer in the matter and Swore as I afterwards
was told if I ever Came there I should be kicked out of doors. I
then Desisted from Concerning Self further, Either on the one Side
or the other,

On Monday being the last Any of .July or the first day of August
1775, being just recovering out of a fit of Sickness and at m}' own
house in Salisbury, it being tlie day before the Sitting of the Court
as also the meeting of the Committee for the County, I being Busy
prepareing my papers Relative to tiie Crown as Avell as Civil busi-
ness, a number of Armed persons Entered into my house and after
haveing Seized upoii my person I was forced away to one Lewis
Coffee's house in Sali.^bur\', and in a few minutes I saw jNP Booth
Conducted in the same manner to the Same house. Shortly after-
wards William Kennon Attorney at Law and Adlai Osbouni entered
the room, And they being Asked by Several Gentlemen Merchants
andotheis the Chief of whome, were Members of the Town Com-
mittee and Council of Safety why we were Restained from our
liberty, for wliat reason, or by what authority, or by whose order we
were taken into Custody. Kennon and Osbourn Seemed to Signify it
was at the desii'e of some Gentlemen from the Southward, and who
were then waiting at M' Locks, about five mile from Town, in Order
to Examine us with regard to our Political Sentiments, with regard
to the American Cause of liberty &c., and that we would be detained
but a few minnits before we should be set at large, in order to
return home, those Gentlemen Reply'"' and Told them, that they
looked upon it tliat they were the only proper .Judges of our Con-
duct on those Ocasions, and tliev oulv, had the Ix'st I'i^lit to

G76 COLONIAL RECORDS.

Examine into these affairs, as notliing could be Transacted by us to
tlie Prejudice of the Common cause, but they of course must have
had notice thereof, andJReflected very much on the Arbitrary con-
duct of those busy and Intermedling men, and looked upon it an
Insult oflFered to them and violation of that liberty which Ameri-
cans in General were then Contending for with great Britain.

Notwithstanding Every Argument which could be offered from
reason and Common Justice b}' i\Ies" Troy, Chambers, Nesbett,
Beard, Little, Members of the Council of Safety and D' Anthoney,
We Avcre Sent off under a guard of Men whom a few minnits before
then, thoic two conspirators had lead out into the woods, they caused
them to be first sworn to Secrecj' and fidelity (as the men themselves
told us afterwards) and then Ordered them to take us, into Safe
Costody, thus were we Exposed and Drove to M' Locks that Even-
ing as Felons. When we arrived tliere I saw no Gentlemen from
the Southward or Else wliere, but there we were kept under a strong
Guard, untill about 11 "Clock at night, at which Time, tliose Gentle-
men above mentioned, who went with us to Learn tlie Event of
Such Treatment Grew Impatient and proposed Entering themselves
Security in any Sum of Money whatever so far as tlifir Respective
Estates were worth, for our appearance before our own Committee,
The Next day who were then to meet at Salisbury, According to
appointment, and if any Such matter wliich as they Could lay to
our Charge would be fairly and Impartially inquired into, but all
to no purpose; in the mean time M' Avery, M"" Willis who was
Kennon's Brother in law and a negro fellow were Sent off along
the Road leading To Mecklenbui'g, and in Some time returned with
Near Thirty or forty Armed men from Mecklenburg and Tryon
Counties, who were Engaged in the same manner persuant to an
unjust Scheme and plan Adopted by the Said Kennon, Osbourn,
Polk and others a few days before. That about Two "Clock in [h
morning we were Forced away from M' Locks & Escorted by this
Guard to Mecklenburg Court house where we Arrived in tlie evening
of the next day. Tlie said Kennon and Osliourn liaving.signified
that the Mecklenburg Committee would Examine into those affairs,
M'e made apjilication to M' Polk to call upon the members of that
Committee, many of whom were tlicn In town, and that we were
ready to Answer to Any Cliargc that any one could accuse us with,
and would give them any Reasonable Satisfaction with regard to
our Conduct which tliey in reasor. Could expect or desire, to whicii

COLONIAL RECORDS. G77

request lie seemed to have some thoughts of complying, but instead
thereof the next morning he, at the head of about Sixty horsemen,
all armed, Signified to us that we \Yere to be sent to Camden Jail in
South Carolina, and according we were forced to comply. From Cam-
den we were sent to the Congress and from thence to Charles Town
without a shift of any kind of apparel nor a shiUing in our pockets
to buy us the least necessary of life, and previous to any Examina-
tion, Trial or (_'onviction or any legal or Just charge, but such as
those cruel and unjust persecutors please to Suggest, in Order to
Justifietheir Conduct, having violated every principal of Honour, Jus-
tice and humanitv'', and even one of the Established j\Iaxims and
rules of tlie Genera). Congress before that time made and Directed
to be observed throughout the whole Continent. And now here we
still remain prisoners in Exile from the Enjoyment and Society of
our wives, children and families, who have suffered great Distress
and hardships on manj' ocasions, contrary to every pri cipal of
Humanitj' and Christian Virtue and without any Just Cause what-
ever, unless it be to gratifie the malice and envy of wicked, artful
and Designing persons, who in Order to gratifie their own ambitions
and carry their pernecious & wicked designs into Execution would
sacrifice their own Honour and tlie repose of their Innocent neigh-
bours, and happiness of their iamilies to Answer their Pernecious
views.

It has been proposed to us Several Months Ago, by the Gentle-
men of this place, that if we would Release those men, and Indem-
nifie them from all Actions or Causes of Actions Accrueing to us on
account of our sufferings, we should be released and permitted to go
home to our families. As to mj-self, I answered and told them that
I was read}' and willing to release and Indemnifie Every Person
Belonging to any Congress, Committee or Council of Safety or any
Person Who had been invested to act in any wise by any authority
of the people, but. those who had Treated me with Cruelty and Bar-
barity, in an arbitrary and unjustifiable manner I could not in Jus-
tice to myself, family and fellow Subjects forgive; having suffered
near Twelve months' false Imprisonment, and was also Indebted
near one hundred pounds proc. money. To Physicians who attended
my .sou, who was sent hither with a Certificate by the Gentlemen of
Salisbury in order to shew the falsity of the Charge laid against
me, he being sick of a violent fever for seven weeks, Exclusive of
his bord and attendance and keeping his horse, as also another

678 . COLONIAL RECORDS.

Debt o^ying from myself to the Doctor who attended myself when
Taken with the Yellow Janduce and a fever, and now cannot com-
mand a shilling to pay of those Just debts.

South Carolixa.

John Dunn, attorney at law, late of Salisbury Town in North
Carolina, personally appeared Before the Subscriber, one of tlie Jus-
tices 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 Accusations wherewith he stands ' charged by
William Kennon, Adlai Osbourn, Sam' Spencer and others, of and
Concerning his being Inimical to American libertie, and of his
holding Corrcspondeance with Covernor j\Iartin, of North Carolina,
and other Government officers, and Acting and Doing other Matters
and things to the prejudice of the peojJc of North Carolina in Par-
ticular and America in General, is false and without foundation,
And further Declareth on his oath aforesaid that he has not at any
Time heretofore Directly or Indirectly AVrote any letter or letters to
Governor Martin or any Crown Officer or other person whatever of
or Concerning the })resent 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 an}- time been
privy to any such being done by others, as to his own knowledge,
neither has he been aciive or pi'ivy to any Combination- or jMeeting
of any Number of People whatever in order to Oppose or frustrate
the views or Designs of the Americans, Neither has he at anj' time
aided or assisted in any of the above schemes, Nor has he ever been
solicited by any person or more on that head, but%nce (which he
then positively refused,) 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 Tender such to be signed b^- others. Neither has he at any time
set his name to any other Paper, Remonstrance or Petition, other
than the paper mentioned in the foregoing state of facts mentioned
in this paper, but whatever his private oppinion or Sentiments ma}'
be with regard to those matters, be has not acted at any time Directly

COLONIAL RECORDS.- 679

or indirectly by any act of his or other deed to the pfejueduce of
the Common Cause.

Sworn and subscribed to before me this 27"" day of July, 1770.

[Feom MS. Records in Office of Secretaey of State.]

Letter from the North Carolina Delegates in the Continental Con-
gress to the Council of Safety.

Dear Sir, "

This morning in consequence of a letter from Governour Rutledge
informing the Congress that the Cherokee nation had begun Hostil-
ities, a Resolve has passed recommending to the Provinces of Vir-
ginia, North . Carolina and Georgia .to assist and co-operate with
South Carolina in carrying on a War with all possible vigor against
those savages. This however is by no means intended to alter the
plan of military operations which you have begun or to draw off
the Strength of our back Country to a distant part merely for the_
sake of acting in the same place with the South Carolinians, if the
Opposition can be made as efl^ctually in any manner devised by
yourselves and from a part of your province from whence hostilities
may successfully be carried into the bosom of the Cherokee Country.
In fact nothing is meant but to subdue the Cherokees.

We intended to have wrote you the other day by Cap' -Tool but
his precipitate departure prevented it. Nothing very material has
occurred since he left this — what before you will find by having
recourse to the newspapers which by him AVe isiclosed to your Coun-
cil of Safety, jpeneral AA^ashington is at New York with a large
army. Gen. Howe on Staten Island with about 10,000 men and
expecting every day reinforcements. Some slight skirmishes have
happened but nothing decisive. We expect soon to hear that the
Armies are in contact & tlien "We shall write you again.

We have taken advantage of a moment's leisure from the Busi-
ness of New York to call the Attention of the Congress to the State
of North Carolina. This Evening they meet & from the disposition
of the congress We flatter ourselves the very reasonable recjuisitions
signified in vour Lett' & .some other matters which have occurred to

eSO COLONIAL RECORDS.

us since as necessary for the safety of our Colony will be duely
attended to.

Pray make our best respects to your honourable Board & believe
us to be with great Regard,

Your most obed' Hum'''^ Serv"

W" HOOPER
JOSEPH HE^VES
Philadelphia, July 29* 177G. JOHN PENN.

[From MS. Records in Office of Secretary of State.]

Letter from the Council of Safety of North Carolina to President

Page of Virginia.

Halifax, July 30'^ 1776.
Sir,

We have rec"* your Letter of '2()th instant, and vre thank you for
the order for Lead.

In Consequence of your Request, we have directed Brigadier Gen'
Rutherford to order 300 men from Salisbury District to March
immediately to Stalnackers, to join and co-operate with the Virginia
Armament against the Overhills.

The Cherokees as we are told, can muster about 2,000 Gun Men
in the whole, whereof one half and that the most warlike Division,
live beyond the mountains. It is probable that the force which we
have sent ag" the lower towns, joined with the S° Carolinians, will
either reduce them to submission, or drive them beyond the Moun-
tains, in which last case your troops will have to contend against
their whole force, for which Reason wc have thoup'ht it the more
necessary to send the requested Rcinforcem'.

We have ordered 150 bushels of salt with the Detach m' to Stal-
nackers, wliich is all that can be sjiared.

We are sincerely sorry for the continuance of His Excellencys
Indisposition. We are, ifec

P. S. We have taken the Liberty of sending parties to Virginia
to apprehend sundiy persons suspected of counterfeiting the Dollar
Bills of this province ; but we hoi)e the necessity of putting a speedy
stop to an Evil big with such fatal consequences will apologize for

680 COLONIAL RECORDS.

us since as necessary for the safety of our Colony will be duely
attended to.

Pray make our best respects to your honourable Board & believe
us to be with great Regard,

Your mo.st obed' Hum"° Serv"

W" HOOPER
JOSEPH HEWES
Philadelphia, .July 29'", 1776. JOHN PENN.

[From MS. Records in Office of Secretary of State.]

Letter from the Council of Safct}* of North Carolina to President
Page of Virginia.

Halifax, July 30'", 1776.
Sir,

We have rec'' your Letter of '26th instant, and ve thank you for
the order for Lead.

In Consequence of your Request, we have directed Brigadier Gen'
Rutherford to order 300 men from Salisbury District to March
immediately to Stalnackers, to join and co-operate with the Virginia
Armament against the Overhills.

. The Cherokees as we are told, can muster about 2,000 Gun Men
in the whole, whereof one half and that the mo.¥t warlike Division,
live beyond the mountains. It is probable that the force which we
have sent ag" tlie lower towns, joined with the S° Carolinians, will
eitiier reduce them to submis.sion, or drive them beyond the Moun-
tains, in which la.st case your troops will have to contend against
their whole force, for which Reason we have thought it the more
necessary to send the recjuested Reinforcem'.

"We have ordered 150 bushels of salt with the Detach m' to Stal-
nackers, which is all that can be sjiared.

We are sincerely sorry for the continuance of His Excellencys
Indisposition. We are, ttc

P. S. We liave taken the Liberty of sending parties to Virginia
to ai)prehend sundr}- persons suspected of counterfeiting the Dollar
Bills of this province ; but we hope the necessity of putting a speedy
stop to an Evil big with such fatal consequences will apologize for

A General Return of the Battalion of Militia Commanded by Colonel Thomas Brown in the Brigade Under the Command of General Ashe.

('ami- Ai' Wii.MixcjTiiN. .hilv tlip :11*', 1770.

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COLONIAL RECORDS. 681

our proceeding; an<l we on our part do not only give Leave to the
A'irginians to apprehend suspected persons in our province in the
like case, but we will also, on request, give every aid in our power
for that purpose. We send inclosed the Depo" of Shad'' Kennebrew,
which mentions that a certain Lcwellin W"son directe<l him to apply
to Benjamin Woodards for counterfeit money, and also went thither
with him. "We have strong suspicions of tiiis said W^son, but he is
so artful that we fear no material Testimony can be obtained against
him. As Woodard is in your Gaol, we would request the favour of
you, ta take and send us his Examination, as soon as may be, par-
ticularly respecting W^son.

[From MS. Records in Office of Secretary of State.]

Letter from .John Hancock President of the Continental Congress to
the North Carolina Council of Safety.

Philadelphia, .July 30'^ 1776.
Sir,

The Congress having received Information from the State of
North Carolina that the Cherokees had committed Hostilities against
the Inhabitants tliereof, and that the President of that State had
thought proper to carry the war immediately into the Lleart of the
Enemy's Country; I am directed by the Congress to inform you of
their Request that you will afford all necessary assistance to, &
co-oi:)erate with the State of South Carolina in carrying on with
vigor the intended Expedition, — that Justice may be done for
Injuries sustained, and Peace be established with th.e Savages in
that Country.

I have the Honor to be Sir most respectfully

Your very obed Serv'
JOHN HANCOCK, President.

682 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

"JOURN.IL OF THE COUNCIL OF SAFETY, BEGUN AND
HELD IN THE TOWN OF HALIFAX, 21st JULY, 1776.

Halifax, 21'' July, 1776.

Met according to Adjournment.

It appearing to the Council That there is an absolute necessity
for placing in the hands of Matthew Lock E.squire a Sum of Money
to pay off the Militia in the Salisbury Brigade,

Resolved, That the Treasurers or either of them pay to Matthew
Lock Escjuire paymaster to the Salisbury Brigade the sum of three
thousand pounds to be hereafter accounted for; and that they be
allowed in their Accounts with the public.

Resolved, That the Treasurers or either of them pay to Matthew
Lock Esquire, paymaster to the Salisbury Brigade a further sum of
two thousand pounds to be hereafter accounted for and that they be
allowed in their accounts with the Public.

Resolved, That Mr Robert Rowan or i\Ir Peter Mallet or either of
them their Factors Agents or Clerks at Cross Creek do deliver to
the Commissaries of the Salisbury district, three hundred Bushels
of Salt, such Commissaries first producing an Order from under the
hands of Brigadier General Rutherford, before any of the said Salt
is delivered to them.

Brigadier General Person one of the Membei's of the Council of
Safety appeared and took his Seat.

Adjourned till Tomorrow Morning S "Clock.

Monday, July 22'', 1771 i.

Met according to Adjournment.

The Continental Congress having on the fourth day of July last
declared the thirteen United Colonies free and indcpendant States,

Resolved, That the Committees of the respective Towns and Coun-
ties in this Colony on receiving the said Declaration, do cause the
same to be i)roclaimed in the most public Manner, in Order that
the good people of this Colony may be fully informed thereof.

Adjourned till Tomorrow Morning 8 "Clock.

COLONIAL RECORDS. 683

Tuesday, July ■23'■^ 177,l!.

Met according to adjournment.

Resolved, That Brigadier General Person immediately furnish
forth five hundred men jiropcrly xVrmed and Accoutred from the
Hillsborough Brigade and that Colonel .Joseph Taylor have the
Command of the same, and that he March with the Troops with all
Expedition to the Western Frontiers and join Brigadier General
Rutherford.

The Council being informe<l tiiat William Miller and Andrew
Wilson (the former in close Confinement the latter on his parole) in
J-Ialifax are dangerous persons to the Liberties of this Country; and
it being necessary that tliey sliould be immediately separated,

Resolved, That William Miller be sent to the County of Johnston
on his parole Avithin three miles of tlie Courthouse, and that he
appear at the house of Mr John Smith once every day. Andrew
Wilson to the Town of Hillsborough on his parole within tlie limits
of that Town, and that he appear once ever}' day at the house of
Mr William Courtney ; and that tlie Commanding Officer of the
County of Halifax see this ResolutiDu faithfully carried into Exe-
cution.

Resolved, That William Clarke who v/as Ordered l.iy the Con-
gress to remove himself to the Town of Nixonton and remain on
his parole within the Limits of the said Town, have his i:)arole
extended to the County of Pasquotank, and there to remain unless
it shall be otherwise Ordered by this Council or the Congress.

The Council received from James Ijfamplin in three Waggons from
Virginia two Tons of Gun powder and one Barrel of Jesuits Bark.

Resolved, That twelve hundred and twenty two Weight of Gun
powder be immediatelj' sent off from this place for the district of
Salisbury; that two hundred and twenty two weight of which be
left at Hillsborough to replace that Quantitj' sent by Docf Burke
to General Rutherford, the remaining one thousand weight to be
forwarded by General Person to the district of Salisbury and that
four hundred weight be also sent to Hillsborough for the use of that
district to be disposed of as Brigadier General Person may direct.

Adjourned 'till tomorrow morning 8 "Clock.

Wednesday, July 24'^ 1776.

Met according to adjournment.
Adjourned till ^londay morning 8 "Clock.

684 COLONIAL RECORDS.

Thursday, July 25"', 177G.

Met according to adjournment.

Whei'eas the representatives of the United States of America in
Congress assembled at Philadelphia on the fourth day of .July last
declared the thirteen United Colonies Free and Independent States,
and that the good people thereof were absolved from all Allegiance
to the British Crown and that the said Declaration renders the Test
as directed to be subscribed by the Congress at Halifax improper
and Nugatory.

Resolved, That a Test as follows be suljstituted in lieu thereof and
subscribed by the Members of this Board :

We the Subscribers do Solemnly profess testifj' and declare, that
we do absolutely believe that neither the Parliament of Great Britain,
nor any Member or constituent branch thereof hath a right to
impose Taxes upon these Colonies to regulate the Internal police
thereof, and thaf air attempts by fraud or force to establish and exer-
cise such claims and powers are violations of the peace and Security
of the j^eople, and ought to be resisted to the utmost, and that the
people of this province singl}- and collectively are bound by the Acts
and Resolutions of the Continental and provincial Congresses
because in both they are freely represented by persons chosen by
themselves, and we do Solemnlj' and sincerely promise and engage
under the Sanction of Virtue honor and the sacred Love of Liberty
and our Country, to ^Maintain and support all and every the Acts,
Resolutions and Regulations o/ the said Continental and provincial
Congresses to the utmost of our powers and Abilities. In Testi-
mony whereof we have hereto set our Hands at Halifax, this "24"'
day of July 177G.

CORN= HARNETT, JOHN SIMPSON,

AVILLIE JONES, JOS. JNO. WILLIAMS,

THO' PERSON, THOS. JONES,

WHITMILL HILL, JAMES COOR.

THOMAS EATON,

Resolved that the Thanks of this Board be given to Brigadier
General Ashe and the Officers and Soldiers under his command who
so readilj' and spiritedly as.sisted in quelling the late un]ia{ipy
Mutiny among the regular Troops in AVilmington.

COLONIAL RECORDS. 68e

Resolved, That John Hunter Jun'' be immediately sent to the
Town of Martinborougli, there to remain on his parole within the
Limits of the said Town and that the Commanding Officer of the
County of Halifax see this Resolution carried into Execution.

Resolved further, that the said Hunter appear once every day at
the House of Mr George Falconer, between the hours of six and
twelve o'clock in the Town aforesaid, in default of which (sick-
ness excepted) and in case he shall break the Limits aforesaid Mr
George Falconer is hereby required to send the said Hunter imme-
. diately to Halifax Gaol.

In order to encourage the importation of Common Salt an Article
essentially necessary and greatly wanted in this Colony,

Resolved, That all known Friends to the American Independency
will on Application to this Board be permitted to export any kind
of StaA'es or heading, first entering into Bond with sufficient Security
to import in return Salt, Arms, Ammunition and other Warlike
Stores to the full amount of the Xett proceeds of such Staves and
heading.

Whereas it is absolutely necessary to prevent as far as possible all
kinds of forestalling and imposition on the Inhabitants of this Col-
ony in the Article of Common Salt,

Resolved, That for the future no retailer of Salt shall be permitted
to receive more than twentv five per cent on the prime Cost for any
Salt purchased in this Colony, and that the Committees of the
respective Counties and Towns, see that this Resolve be strictly
observed, and send under Guard to this Board every person who
shall presume to take or receive a greater advance than is hereby
allowed and permitted for Salt })urchased in this Colony as aforesaid.

Adjourned till Tomorrow Alorning 8 "Clock.

Friday, July 2G'^ 1776.

Met according to Adjournment.

Whereas, it is necessary that the directions of the Congress respect-
ing Exportation be fully and strictly observed.

Resolved, That the Commissioners of the different ports do receive
from the Captains of all Vessels on Oath a Manifest of their Cargo,
before they grant any Clearance or permit to leave this Colony, and
that the Commanders of the Armed ^'essels, the Companies of .Militia
on the Sea Coasts and of the different Forts in this Colony are iiereby
impowered and rec[uired to stop and detain all Vessels and prevent

68G COLONIAL RECORDS.

their leaving this Colony until they produce projacr Clearances from
the Commissioners of the ports of Edenton or Wilmington.

Resolved, That Colonel P\ilesome deliver to Brigadier General
Person one hundred Bushels of Salt from Cross Creek out of the
Quantity intended for Granville County.

Resolved, That Robert Xeilson Master and Owner of the Brigan-
tine Polbj be permitted to Export to some port in Spain and Portu-
gal the following Articles to wit: Sixty thousand pipe Staves, four
thou.sand five hundred hogshead Staves, three thousand weiglit of"
Bees Wax and twenty Barrels of Turpentine he having entered
into Bond with Security in the sum of five thousand pounds to
import into this province the net proceeds of the Staves above
mentioned, in Salt, Arms Ammunition and other Warlike Stores.

Adjourned till tomorrow Morning 8 "Clock.

Saturday -July 27'", 177G.

Met according to Adjournment.

Whereas Robert Xeilson Chaster and Owner of the Brig PuV^i in
the i)ort of Edenton hath agreed to imjjort into this Colony a Quan-
tity of Salt, Arms and Ammunition, and hath given Bond and
sufficient Security to perform tlie same within eight IMontlis from
the date hereof.

Resolved, Tliat it be recommended to tiie Commissioners of tlie
port of Edenton to suffer the said Brig Polhj with her Cargo con-
sisting of sixty thijusand Jiipe and four thousand five hundred
Hogshead Staves, three thousand weight of Beeswax and trwenty
Barrels of Turpentine to depart this province for some of the ports
belonging to the Kingdom of Po tugal or Spain for the purpose
aforesaid.

Brigadier General Person one of the Managers of tiie L'on Works in
this Colony produced to the Council their report on the same also a
Deed in Trust in bolialf of tiie pubHc and a Bond from Wilcox and
England wliicli weri' apjiroved and Ordcn'd to l)e filed.

Ordered, That ^\'iIliam Turner be immediately committed to
Gaol for passing counterfeit money.

Ordered, That Jonathan Carpenter, \\'illiam Carpenter and Ben-
jamin Carpenter l)e committed to Gaol till further ( )rders from
tiiis Council, they being strongly suspected of passing Counterfeit
Monev.

COLONIAL RECORDS. 687

Resolved, Tliat it be recommended to the Commissioners for
superintending the Iron Works in this province to pay to Mr James
Mills six pounds fifteen Shillings for his Expences nine days in
Attending the Council and making rej^ort with respect to the said
Works.

Whereas, there appears to have been no paymaster appointed
to the Independant Companies on the Sea Coast in this Colony,

Resolved, That Mr .John Easton of Carteret County is hereby
appointed paymaster to the two Independant Companies Com-
manded by Capt James Anderson and Captain Enoch Ward in tlie
district of New Berne and that Richard Caswell Esquire Treasurer
for tlie Southern District in this Colony do on Receiving Bond and
Security in the sum of five thousand pounds payable to the Hon*"'*
Samuel Johnston Esquire President and his Successors pay into the
Hands of the said John Easton Esquire the sum of one thousand
pounds proclamation monej" for the i)urposes aforesaid.

Resolved, That Richard Caswell Esquire Treasurer of tlie South-
ern District do, on receiving Bond and Security for faithfully
accounting for the same, pay into the Hands of Captain James
Anderson the sum of two hundred pounds for the purpose of pro-
curing good and sufficient Guns, Drums and Colours for the use of
his Independant Company on the Sea Coast in this Colony.

Resolved, That Mr. Richard Cogdell do furni.sh from the .Maga-
zine in New Bern to Capt. James Anderson fifty weight of- Gun
powder, and one hundred weight of lead for the use of his Independ-
ant Company.

Resolved, That Captain .James Anderson who commands the
Independant Company stationed at Occacock do as soon as possible
send an Officer with a sufficient Number of Men under his Com-
mand to < ape Hatteras Banks and to remove three pieces of Iron
Ordnance over the said Banks to Pamplico Sound and to Transport
the cannon from thence to South Key on Black Water and then
deliver the .same to the Virginia Commissioners appointed by the
Convention of that Colony to build. and fit out two Gallics for the
protection of the trade to Occacock and that all the Expence attend-
ing the hiring of carriages &(:" will be ]iaid by this Colony.

The Continental Congress having on the fourth day of this In-
stant July declared the thirteen United Colonies free and Independ-
ant States,

688 COLONIAL RECORDS.

Resolved, That Thursday the first day of August next be set apart
for {iroclainiing the said declaration at the Court House in the Town
of Halifax; the freeholders and Inhabitants of the County of Halifax
are requested to give their Attendance at the time and place aforesaid.

Ordered, That the Council of Safety leave this Town next Friday
week for some Interior par^ of this Colony.

Adjourned 'till To-morrow Morning 8 "Clock.

Sunday, July 28"', ITK!.

Met according to Adjournment.

Adjourned till To-morrow Morning 8 "Clock.

■) iMonday, .July •20'", 1776.

Met according to Adjournment.

Resolved, That Captain Chri.'itopher Dudley do immediately deliver
out of the Magazine in the Town of Halifax to William Sheppard
Esquire Chairman of the Committee of the County of Surry One
hundred and fifty pounds of Gun po.wder for the use of the said
County, and take liis receipt for the same, and which the said Com-
mittee must Account for to the next Congress.

Resolved, That Matthew Lock Esijuire, do furnish tlic Cummittee
of Surry County with five hundred weight of Lead out of the quan-
tity he may receive from the Managers of i hriswell's Mines to be
Accounted for to the public by the said Committee.

Whereas by a Re.solution of the Continental Congress entered into
on the 24"" dav of June 1 tst witli respect to Treason, as also one
other Resolution entered into on the 26"" day of the same Month,
giving a Bounty to Non Commissioned Officers and Soldiers who
may Ije willing to enlist into tlie Continental Service fur the 'I'crin of
three Years, have been transmitted to tiiis Council,

Resolved, That Copies of tlie .same l)e immediately sent to the
respective Counties and Towns in this ( 'olony to be made |inblic.

Stc])hen Scarborough of Wake County i);'ing brought before this
Council for ]iassing Counterfeit* Money was Ivvamined luid Com-
mitted to tlie Halifax Oaol.

Stephen Scarborough having d(']>osed (ju (>alli lh;it he reecixcd a
Quantity of (Counterfeit Money whit-h was I'ound ujion him of a cer-
tain William Harrel living in Wake (V)niity.

Resolved, That John Cook of Hute County be, and is hereby
directed to apprehend and bring the said ^\'illiam Ilarrel imme-

COLONIAL RECORDS. (;89

diately before this Board; and the said John Cook is hereby impow-
ered to talce with liim such assistance as he may tliinlc necessary to
carry tliis Order into execution.

Resolved also that the said John Cook be and he is hereby directed
to Search the said Harrel's house, his Desks, Chests &c' for Counter-
feit Money.

The Council taking into consideration the requisition of John
Page, President of the Council of State in the Colony of A'irginia,
of three hundred men to join the Virginia Armament, destined
against the Overhill Cherokees,

Resolved, That General Rutherford be and he is hereby directed
to Order three hundred Men from the district of Salisbury, to march
with all possible Expedition to Stalnackers on Holstein River to act
in concert with the Virginia Forces against the Overhill Cherokees.

Adjourned till Tomorrow Morning 8 "Clock.

Tuesday, July 30"', 1776.

Met according to adjournment.

Ordered, That Benjamin Sherwood Ijc immediately sent for and
brought before this Board to give Testimony against Sundrj^ Per-
sons to be examined respecting Counterfeit Money, and that John
Geddy see this Resolve carried into Execution.

The Council being of Opinion that Shadrach Kennebrew, on his
examination respecting Persons concerned in making and passing
Counterfeit Money has given Testimony of tlie greatest importance
and with great Candour and ingenuity discovered all he knew,

Resolved, That the said Kennebrew for the reasons above men-
tioned ought not to be prosecuted for the part which he has taken
in passing Counterfeits, but that it be recommended to tlie Congress
to Admit him an Evidence for the pi'ovince against other Offenders.

Resolved, That Lewis Williamson, Annanias Randale, Howel
Edmunds, Micliael Harris, Benjamin DeBerry, Benjamin Branch,
James Sikes and Jacob Kinnehen, be immediately committed to the
Gaol of Halifax for further Examination.

Resolved, That the Col° of Dobbs County do take an Inventor}'
of the Estate of Thomas Harrison who has been suspected of being
an Enemy to this Colony and that he keep the said HarrLson in
Custodj' until he pay the expence of bringing him to this Council
and give Security in the Sum of five hundi'ed pounds payable to

VOL. X — 44

690 COLONIAL RECORDS.

the President of the Congress and his Successors for his future good
behaviour,

Resolved, That the Colonel of the County of Dobbs do take an
Inventor}' of the Estate of AVilliam Taylor who has been an Enemy
to this Colony, and that he keep the said Taj'lor in Custody until
he pay the Expence of bringing him to tliis Council, and give
Security' in the Sum of One hundred and fifty pounds, payable to
the President of the Congress and his Successors for hia future good
behavior.

This Council having received Information from the Committee of
the County of Surry that Micliael Henderson, present Ranger has
been guilty of Mai practices in that Office,

Resolved, That Mr John Snead, Major Joseph Winston and Mr
Paul Patrick be aj^pointed Rangers in the said County of Surry in
the room and stead of the said Michael Henderson.

Adjourned 'till tomorrow morning 8 "Clock.

Wednesday, July 3/', 1770.

Met according to Adjournment.

Resolved, Tlmt Colonel Joel Lane, Commissioner of the County
of Wake be impowered to receive one hundred Bushels of Salt out
of that taken by a Court Martial heretofore held at Cross Creek, and
the Commissioners or in their Absence CoP Folesome deliver the
same and that Colonel Lane distribute the same in the most equit-
able Maimer amongst the Officers and Soldiers who turned out in
the late Expedition to Moore's Creek, and that Samuel Smith of
Granville County be impowered to receive one hundred' Bushels
and distribute the same in like manner.

Adjourned till Tomorrow Morning S °C!lock.

Thur,sday, August 1", 1771!.

Met according to adjournment.

Resolved, That John Oale or William Calvert be appointed to tlie
Cummand of the Brigantine Bchey, now lying in Edenton Bay and
Laden with a cargo of Tobacco on the Continental Account and
liduiiil on a, N'nyage to Europe, and should they both refuse to take
the Coinniand of the said Brigantine in that case the Committee of
the Town of Edenton be inijiowi-red to appoint some person well
skilled in th(> Art of Navigaiidu, and wlm is a known Friend to the

COLONIAL RECORDS. G91

American Independencj' to tlic Command of the said Brigantine
Bctwij.

Resolved, Tliat Robert Smith Esquire of Edenton be permitted to
Export to any of the Frencli or Neutral Islands in the Sloop Betsey,
James Ferguson Master the following Articles, to wit, twenty thou-
sand llogsliead staves and Heading, lie having entered into Bond
with security in the sum of one thousand pounds to import into this
province the Net proceeds of the staves above mentioned in Salt
Arms and Ammunition and other warlike stores.

Resolved that Henry Montfort be allowed an additional sum of
eighty pounds for four hundred weight of powder imported into this
province and sold to Sanuiel Johnston Esq"' for the use of this prov-
ince; and that the Treasurers or either of them pay him the same
and be allowed in their Accounts with the public.

Resolved, That the Sheriff of Halifax County do on receiving a
Certificate from Mr Willie Jones or- Joseph John Williams that
James Lowe now a prisoner in the Gaol of the said County hath
given Bond and Security in the sum of one hundred pounds for his
future good behavior release and discharge him from the said Gaol.

Resolved, That Thomas Collins now confined to Halifax Town
on parole be discharged therefrom on giving Security in the sum of
five hundred pounds to the Council for his future good behavior
and to this end that he have leave to go home on condition that he
appear before this Board in tliirty days from this time with his
securities or failing thereof return again to Halifax on 'parole as
as before.

Whereas there appears to have been no paymaster appointed to
the Independant Companies on the sea coast in this Colony.
Resolved, That Col° Samuel Jarvis of Currituck County is hereby
appointed paymaster to the Independant Company Commanded by
Captain Dennis Dauge in the Di.strict of Edenton; and William
Wilkinson paymaster to the two Independant Comj anies, com-
manded by Captain "William Purviance and Captain Selby Harvey,
and that the Treasurers or either of them do on receiving Bonds and
Security the former in the sum of two thousand five hundred pounds
the latter in the sum of five thousand pounds payable to the Hon"'
Samuel Johnston Esquire president and his Successors for the faith-
ful discharge of their Offices pay into the hands of the said Samuel
Jarvis the sum of seven hundred and fifty pounds, and into the

692 COLONIAL RECORDS.

hands of William Wilkinson the sum of one thousand pounds for
the purposes aforesaid.

Hezekiah Alexander Esquire one of the Members of this Board
apjieared.

Resolved that Samuel Jarvis Esquire be apj^ointed Commissioner
for the port of Currituck in this province and that he enter into
Bond with Security in the sum of five thousand pounds for the
faithful discharge of his Office.

Resolved, That Daniel Fisher be immediately brought before this
Council to answer such Comjilaints as may be exhibited against
him, and that Mr Chappel Gee be appointed to execute this Resolve.

Adjourned till Tomorrow Morning S "Clock.

Friday, August 2°^ 177G.

Met according to Adjournment.

Resolved, That Three Waggons now at Whitfield's Ferry on Xeuse
River be directed by Quarter Master General Long to proceed to
Captain Stephen Cobb's on Contcntnea Creek and there to receive
from said- Stephen Cobb a full Load of Bacon and pork belonging
to the public, and proceed with the same to Wilmington and deliver
it to the said Quarter Master General Long or his Order, and that
he do di.spose of the said Bacon and pork either to the Commis-
saries or to private persons as he may judge most for the Benefit of
tjie public.

Resolved, That Mr Charles Bonfield of Edenton deliver out of the
public Magazine in that Town, to Captain Dennis Dauge, Twenty-five
weight of Gunpowder for the use of liis Lidepcndant Company on
the Sea coast in this province.

Resolved, That John Smith of Halifax County Ije innuediately
brought before this Council for passing Counterfeit Money. That
Mr Philip Harney and ]\Ir William Harris be summoned to appear
as Witnesses at the same time, and that the Commanding Officer of
said County see this resolution carried into execution.

Adjourned till Tomorrow Morning 8 "Clock.

Saturday, August u"", 177G.

Met according to Adjournment.

Whereas it appears to the Council by the Oatli of James Williams
of the County of Perquimans, tliat a certain John Pitts did on the
Night of the twenty-fifth day of July last past, in a clandestine man-

COLONIAL RECORDS. 693

ner, take from this deponent and carry out of the said County of
Perquimans the following Negroe Slaves to wit, Abb, Toby, j\Iartin,
Sail, as also four horses, being i:)art of the Estate of Joseph Williams
deceased, and in order to do justice to the legal representatives of
the said Joseph Williams, These are therefore to impower you or
either of you to make diligent search within the Limits of this State
for the said Negroe Slaves and Horses, and when found take the
same into your possession, as also the Body of the said John Pitts
and them bring Ijefore the Council, and should the said John Pitts
make resistance, in that case you must call to your aid sufficient
force in order that this Order may be carried into execution.

Whereas this Board anxious to detect all persons concerned in
Counterfeiting the Currenc}' of this State and influenced bj reports
injurious to Mr William Edwards Cha-racter and by Misinformation
Ordered Mr Edwards to be brought before us for examination; and
he was brought and Examined accordingly. We in ju.stice to
injured innocence aiid to ^^revent that imputation of Guilt which
might arise from the Circumstance of Apprehending Mr Edwards
do with intinite pleasure declare that after the strictest Scrutiny
into his Conduct the Charge was found totally groundless and he
was most honourably acquitted.

Resolved, That Brigadier General Person and Mr Joseph John
Williams do each of them agree with a proper person for the pur-
pose of Instructing the Inhabitants of Anson County and other the •
Western parts of this Colony in their duty to Almightj- God, and
for explaining to them the justice and necessity of the Measures
pursued by the United States of America as the only Means under
God of supporting and maintaining our Civil and Religious Liberties,
and thereby induce the good people of this Colony firmly to Unite
in supporting their just rights and Privileges, and that the persons
who may be intrusted with the Execution of this important Service,
be by the said General Person and Mr Joseph John Williams sup-
plied with the sum of twent^^-five pounds each in order to defray
their Travelling Expences' and that tlie Treasurers or either of
them pay the same and be allowed in their Accounts with the
public.

Resolved, That Mr James Mills of Bute County be employed imme-
diately to proceed to the Northern States there to Contract in behalf
of this State with one or more persons well skilled in the Art of
Casting Pig Iron, Cannon, Cannon Balls and hollow ware and that it

694 COLONIAL RECORDS.

be recommended to the delegates in Congress for this State to give
Mr Mills such aid as may be necessary, by advice and a proper sup-
ply of Money.

Resolved, That either of the Treasurers pay into the hands of
Brigadier General Person the sum of one thousand pounds for the
use of the Commissary who may be appointed to furnish with pro-
visions the detatchments Ordered from the district of Hillsborough
to reinforce General Rutherford and that he take Bond and Security
from the said Commis.sar3' to account with the next Congress for the
due Application of the said Sum.

Adjourned 'till Tomorrow Morning S "Clock.

Sunday, the 4"" August, 1776.
Met according to Adjournment.
Adjourned till Tomorrow Morning 8 "Clock.

Monday, August 5'^ 1776.

Met according to Adjournment.

Resolved, That .John Webb of Halifax be permitted to Export to
any of the French or Dutch Islands -in the Sloop King FisJicr James
Ducaine Master eighteen thousand Hogshead Staves he having
entered into Bond and Security in the sum of two thousand pounds
to import into this province the Net proceeds of the Staves above
mentioned in Salt, Arms, Ammunition and other Warlike Stores.

Adjourned till Tomorrow iMorning 8 "Clock.

Tuesday, August &\ 1776.

Met according to Adjournment.

Resolved, That the Treasurers or either of them pay into the
hands of Mr Walter Gibson Commissary to the New Bern and
Wilmington Brigades of Militia at Wilmington the sum of one
tliou.'^and pounds, it appearing to the Council the said Walter Gibson
is in Advance that Sum to tlie public and be allowed the same in
the settlement of their Accounts with the puldic.

The Continenttxl Congress on the fourth day of July last declared
the thirteen United Colonies of America Free and Independant
States, and as it appears that there is no Committee in the County
of Cumberland,

Resolved, That Colonel Ebenezer Folesome and ('olonel David
Smith -or either of them on receiving the said declaration, call a
General Meeting of the Inhabitants of the said County, and that

COLONIAL RECORDS. 695

they 01' either of them cause the same to be read and proclaimed in
the most public manner in order that the good people of this State
may be informed thereof and that at the same time the Resolve of
the said Congress respecting Treason be published, and tliat he pro-
claim the same to the Regiment stationed at Cross Creek.

Resolved, That John Cook be allowed the sum of sixteen pounds
for himself, William "Wood and Edmund Deuson for bringing under
guard to this Council a certain A\'illiam Harrard of Wake County
that the Treasurers or either of them pay him the same and be
allowed in their Accounts with the Public.

Adjourned till tomorrow morning 8 o'clock.

Wednesday, August 7"", 1776.

Met according to adjournment.

Capt. Hardy owner of the Brig Bdscy bound on a voyage to Ham-
burg on Continental Service having represented to this Board that
he himself risques the A^essel against the dangers of Seas and the
barratry of the Master and that Gale and Colvert nominated by this
Board as proper Persons to take the Command of her are strangers
to him and he apprehends unacquainted with those Seas to which
she is bound,

Resolved, That the former Resolution respecting this matter so
far as it relates to Gale and Colvert be rescinded and that the Com-
mittee of Edenton to appoint any known Friend of American Inde-
pendance to the Command of the said Brig.

Resolved, That the Treasurers or either of them pay unto Mr
James Davis the sum of One liundred and twenty five pounds being
for half year's salary due him the first day of June last agreeable
to an Act of Assembly and be allowed in their Accounts with the
public.

Adjourned till tomorrow morning 8 o'clock. *

Thursday, August 8'^ 1770.

Met according to Adjournment.

Resolved, That the Treasurers or either of them pay into the
bands of Captain Thomas Bloodworth the Sum of three hundred
pounds to enable him to pay off his Minute Company and that he
Account for the same with the nest provincial Congress : and be
allowed the same in the settlements of their Accounts with the
Public.

996 COLONIAL RECORDS:

Resolved, That Henry Buford be allowed the sum of Forty
pounds for six months rent of the North East Bridge from the 18*
February, 1776 to the IS"" August inclusive for Sundry Troops-,
Waggons, Horses, etc"., passing and repassing the same and that the
Treasurers or either of them pay him the same and be allowed in
their Accounts with the public.

Resolved, That Austin Parrat and Michael Henry be discharged
from Custody, they first entering into Bond for their personal
Appearance at the next Congress, and that Francis Roberts be Com-
mitted to Gaol, there to remain 'til further Orders.

Ordered, That Benjamin Branch and Jacob Keunebrew be dis-
charged from Custody, thej' entering into Bond for their Appear-
ance at the next Congress.

Adjourned till Tomorrow Morning S "Clock.

Friday, August 9'^ 1776.

Met according to Adjournment.

The representatives of the United States of America in General
Congress assembled at Philadelphia the -l"" day of July, 1776, hav-
ing determined that the thirteen United Colonies are free and Inde-
pendant States and in Consequence thereof have published a decla-
ration of Independance.

Resolved that it be recommended to the good people of tliis now
Independant State of North Carolina to pay the greatest attention
to the Election to be held on the fifteenth day of October next, of
delegates to represent them in Congress, and to have particularly' in
view this important Consideration. That it will be the Business of
the Delegates then Chosen not only to make Laws for the good
Government of, but also to form a Constitution for this. State, that
this last as it is the Corner Stone of all Law, so it ought to be fixed
anfl Permanent, and that according as it is well or ill Ordered it
must tend in the first degree to promote the hapinness or Misery of
the State.

Resolved, Also tliat it be recommended to the Inhabitants of this
State to Elect five delegates, properly qualified for each County to
sit and vote in the next Congress as Business of the last importance
will come before them.

Whereas the Provincial Council heretofore held at John Smith's
on Neuse River did order and direct by Resolve that the Books,
papers and Accounts belonging to Anthony Warwick & Company

COLONIAL RECORDS. 697

in the possession of Lewis Williamson should be delivered to the
said Anthony Warwick and Company, and it now appearing to this
Council that the Carrying the said (Jrder and Resolution into efiect
would be injurious to many of the Lihabitants of this State,

Resolved therefore that the said Resolution be rescinded and that
the said Lewis Williamson kec}) in Iiis Possession the said Books
and papers til further Orders.

Richard Dunnovan, lately belonging to the Si/ren man of war, a
prisoner on parole in Halifax came before the Council and moved
that he might be Naturalized and Admitted to the privileges of a
Free Citizen of this State, and to this end declared that he was will-
ing to take an Oath of Allegiance to the States, which being granted
and he having taken and subscribed to an Oath for that purpose.

Resolved, therefore that the said Richard Dunnovan be discharged
from his parole and that he be henceforward considered as a Mem-
ber and Free Citizen of this State.

William Miller a prisoner on parole in Halifax but lately of Wil-
mington came before the Council and moved that he might be
admitted to the privileges of a free citizisn and to this end declared
he was willing to take an Oath of Allegiance to this State, which
being granted .and he having taken and subscribed to an Oath
for that purpose,

Resolved therefore. That the said William [Miller be discharged
from his parole and that he be henceforward considered as a Mem-
ber and free citizen of this State.

Adjourned till tomorrow morning S "Clock.

Saturday, Augu.st 10'\ 1776.

Met according to Adjournment.

Samuel Ashe Esquire one of the Members of the Covincil of Safety
for the district of Wilmington appeared.

Whereas there is now on hand in the Town of Halifax a large
quantity of Beef and Pork purchased by John Webb for the use of
the public a great proportion of which for want of due manage-
ment and care is much damaged and unfit for the use of the Army,
and as there is also a considerable c|uantity of provisions belonging
to the public in the Town of Tarborough under the care of Colonel
Irwin, part of which is also damaged in Order therefore to prevent
the total loss thereof,

698 COLONIAL RECORDS.

Resolved, That Colonel Nicholas Long be impowered and required
to dispose of the said Beef and Pork in the best and most advan-
tageous manner he may think projier either at public or private
sale and may if he judge it necessary give three montlis credit to
the purcliasers and make return of such sale to the Congress.

Resolved, That Colonel Willis Alston do procure "Waggons and
Team and a guard of twels'e good and trusty men properly Armed
with an Officer to command them in order to Transport a quantity
of Ammunition, and other Articles from the Town of Halifax to
AVilniington.

Adjourned till Tomorrow Morning S "Clock.

Sunday August 11"', 1776.

2i[et according to Adjournment.

Adjourned till Tomorrow Morning 8 "Clock.

Monday, August 12'", 1776.

Met according to Adjournment.

This Board being informed there is in the County of Halifax on
a place called great fishing Creek a lead mine and some of the Ore
having b' en produced and tried from which it appears there is a
probability of procuring Lead for the use of tliis State therefore for
employing pro])er Persons to examine and make a more full dis-
covery of tlie Cjuality and quantity of the said Ore,

Resolved, That either of the Tnasurers pay into the hands of
Francis AVard or Jo'm Williams the sum of fifty pounds proclama-
tion Moiiey and that they do Account for the due Aj)plication of
the same to the next Congre.ss.

Resolved, That Colonel Nicholas Long, deliver to Francis Ward
and John Williams five pounds of gun powder for the use of Blow-
ing rocks in Exploring the Lead Mines on Fishing Creek.

Resolved, That Richard Dunnovau, a prisoner on parole at Hal-
ifax, be allowed one pound sixteen Shillings for tlirce Weeks' Board,
and that the Treasurers or either of tliem pay him the same and be
allowed in their Accounts with the puldic.

It appearing to this Board by the Oatli of Francis Pitts, wife of
John Pitts, that on or about the fourth of this Instant August, that
as the said John Pitts was travelling the In'gli road through tlie
County of Halii'ax he was assaulted and inbuiuanly beat by a cer-
tain James Svveenv and bv him roMiud nf a Horse, One Watch,

COLONIAL RECORDS. 099

Nine dollars in Bills, one Gold ring, one Trunk, one Dutch Blanket,
one Tobacco Box and one Tickler,

Resolved, Therefore that Bottom Stegall be hereby authorized and
impowered to take with him such aid and assistance as he may
judge necessaiy to Apprehend the said Sweeny and' bring him
before this Board or a Committee of the County of Halifax to answer
the above charge.

Resolved, That Mr James Williams and Mr Joseph Turner do
take into their possession Three Negroes now in the Town of Hali-
fax and one at the Plantation of Mr James Cotton, the property of
the Heirs of Mr Joseph Williams, of Perquimans County, deceased,
and deliver them into the hands of Col° William Skinner, to be by
hini secured for the use of the Orphans, agreeable to the Will of the
said Williams, until the further Order of Congress.

Adjourned till Tomorrow INIorning 8 "Clock.

Tuesday, August 13'\ 1776.

Met according to Adjournment.

It appearing that Nicholas Long Esquire, Quarter Master Gen-
eral of the Continental Troops, hath advanced' Large sums of
Money for su2:)plies for the said Troops, as also for Colonel Mulen-
burg's ^'irginia Regiment,

Resolved, That the Treasurers or either of them pay into the
Hands of Nicholas Long the sum of One thousand pounds to be
accounted for by him at the next provincial Congress, and that they
be allowed the same in their Accounts with the Public.

It appearing that Henry Giffard, Commissary of the Militia sta-
tioned at Cross Creek under the Command of Col. Folesome, hath
advanced a large sum of Money for supplies for the said Militia,

Resolved, That the Treasurers or either of theur pay into the
■Han.ds of. the said Henry Gifflird the sum of four hundred pounds
to be accounted for by him at the next provincial Congress; and be
allowed the same in their Accounts with the public.

James Childs of Anson County charged on Oath with practices
inimical to the Cause of Liberty was brought before the Council
and being Examined declared that he was a preacher of the New
light Baptist Persuation, that one of the Tenets of his Church was
not to bear Arms, either Offensively or defensively, and that he had
preached this doctrine not only in his particular .Church, but in all
the C hurches of his Communion and that he had inculcated it by

rOO COLONIAL RECORDS.

the Terrors of Excommunication, and the said James Childs being
required to take an Oath of Allegiance to this State refused,

Resolved, That the aforesaid Doctrine, especially at this Crisis has an
evil Tendency ; and that James Childs by ji reaching the same, and by
excommunicating such of his followers as did not implicitly sub-
scribe to this doctrine and b}' refusing to take the Oath of Allegiance
deserves to be considered as an Enemy to this State, Therefore that he
be sent to the Town of Edenton on his parole within the Limits of
the same, not to depart therefrom without permission of this Coun-
cil or the Congress.

Resolved, That Colonel Ebenezer Fdlesome take into bis pos-
session and keep safe all the Salt which he rendered an Account of
to this Board except such as has been otherwise ordered subject to the
further Order of this Council.

On application of Mr Wyriot from Georgia,

Resolved, Tliat the Officers from that State be permitted to recruit
Soldiers in this State provided they do not enlist an}' regular
Soldiers or ^larines alreadv engaged here in the Continental Service
or the Services of this State or Indented Servants or Apprentices
without first obtaining leave from their Masters; and it is recom-
mended to the several County and Town Committees to afford them
all possible Assistance as the Soldiers about to be enlisted are to be
on the Continental Establishment.

Resolved, That Thomas Erskine now a prisoner at Halifax be
removed to Harrisburg in the County of Granville there to remain
on his parole within one Mile of the said Town until further Orders
of this Council or the Provincial Congress.

'to"^

To THE Gaoler of Halifax County,

Herewith you will receive the Body of James Sweeny charged
on the Oath of Francis Pitts, wife of John Pitts, of having Feloni-
ously Stolen from the said John Pitts, one Horse, one Watch, nine
dollars in Bills, one Gold ring, one Trunk, one Drftch Blanket, one
Tobacco Box, and one Tickler.

John Cami)bell a Prisoner on parole in Halifax came before the
Council and moved that he might be admitted to the privileges of
a Free Citizen and to this end declared that he was willing to take
an Oath of Allegiance to this State wdiich being granted and he
having taken and subscribed to an Oath for that purpose,

COLONIAL RECORDS. 701

Resolved therefore, that the said John Campbell be di:icharged
from his parole, and that he be henceforward considered as a mem-
ber and free citizen of this State.

Resolved, That the Treasurers or either of them pay into the
hands of Willis Alston Esq'' the sum of fifty pounds for the purpose
of employing Guards for the Town of Halifax, to be accounted for
at the next Congress ; and be allowed the same in their Accounts
with the public.

Malcom McNeill and .Joseph Smith })risoners on parole at Halifax
came before this Council and being desirous to take Oath not to
take up or bear Arms on any pretence against the Inhabitants of
the LTnited States of America nor carry out more than fifty pounds
of Gold and Silver equal in value to fifty pounds Carolina currency;
and they having subscribed to an Oath for that purpose,

Resolved, That the said Malcom McNeill and .Joseph Smitli be
permitted to leave this State, and proceed to any of the French or
Neutral Islands in the West Indies and that they have leave from
this Board to take Shipping from any port in this State where tliey
can obtain the same.

The Council adjourned to Wake County at the house of j\Ir Joel
Lane.

Wake County, Wednesday, August 21", 177G.

Met according to adjournment.

The Council proceeded to make choice of a President in the room
of Cornelius Harnett Esquire, who has leave of absence, when Sam'
Ashe Esquire was unanimously chosen and placed in the Chair
accordinglv.

It being represented to the Council by Capt. John Jones, that he
at the request of Richard Blackledge applied to Richard Nassau
Stevens of Bath Town for certain kettles to the said Stevens belong-
ing for the i^urpose of making Salt Boiling that he John Jones
agreed to give the price demanded by Stevens but that Stevens
refused to take it, unless paid in old Proclamation or Continental,
Money, »

Resolved, That the said John Jones be and he is hereby impow-
ered to apply again to the said Stevens for the Kettles above men-
tioned, and if he shall refuse to receive payment for the .same in
dollar Bills of this State, tiien and in such ca.se to take them unpaid
for and refer the same to this Council for remed}'.

Adjourned till tomorrow 8 o'clock.

702 COLONIAL RECORDS.

Thursday August 22^ 1776.

Met according to Adjournment.

The Petition of the Committee of the Settlements of ^Yat.■luea and
Holstein, called by them Washington district, and of the Inhabi-
tants thereof was read, setting forth the manner in which they
first settled that country and the nature of their Title, shewing that
from the commencement of the present dispute, between Great
Britain and the Colonies tliey have adhered to the Association and
Resolutions of the Continental Congress, and promoted as far as
they could, tlie common cause of Liberty; that the said Settlements
are within the Bounds of this State and praying that they may be
received into and considered as part thereof, The said Petition
being considered.

Resolved, That the Council do approve of the conduct of the
Committee and Inhabitants of the above mentioned settlements in
regard to the present disputes, and that it be and is hereby recom-
mended to the Freemen of the said Settlements to hold a free and
impartial Election at some convenient place in the said district on
the fifteenth day of October next, then and there to elect live dele-
gates to represent the said district, and that it be recommended to
the delegates so elected, to attend at Halifax in this State on the
tenth day of November next, then and there to lay their case before
the Congress of this State.

Whereas, the Cherokees unprovoked b\' the Inhabitants of Watauga
and Holstein, and Instigated under the Influence of Cameron, Stew-
art and other Emi.ssaries of the British Government, by tlie Refusal
of the said Inhabitants to join and co-operate with the Enemies of
America, liave attacked the said Inhabitants of Watauga and Hol-
stein, murdered some of them, ravaged tlieir country, destroyed their
crops, and driven off their stocks of cattle and horses and carried off
other Eti'ects,

Resolved, Tiiat it be recommended to the Gentlemen OtHcers and
Soldii rs of tlie Armaments which have Marched or May ]\Iarch
from A'ii-ginia and this State against tiie Cherokees to,restore to the
Owners on recapture, all sucli cattle horses and other Eirects,sufhcient
proof being first made of the propertj'.

Christopher Neale Esquire Judge of tlie Court of Justice for port
New Bern exhibited his Account against the Brig Wl/Iiam Captain
Drew Commander, lately condemned in the said Court whereby it
appears there is a Ballance due to tlie public of One hundred and
^.ight pounds, eighteen shillings and six j)enee half penny.

COLONIAL RFX'ORDS. 703

Resolved, That the said Christoplier Xeale pay the sum of one
hundred and eight pounds eighteen ShiUings and six pence half
penny into the hands of the Southern Treasurer and take his receipt
for the same.

Adjourned till Tomorrow ^lorning S "Clock.

Friday, August 23^^ 1 776.

Met according to adjournment.

Whereas the Council have received Information, That John Cow-
per of Beaufort County Merchant has at this time by him a large
Quantity of Common Salt, which he refuses to dispose of, pretend-
ing as it is said that he keeps the same for the use of two of the
Independant Companies on the Sea Board.

And Whereas the Numerous Armaments now in the service of
this State on the Frontiers are in the greatest Want of Salt, It is
therefore.

Resolved, That .James Bonner Esc^uire do immediately call on
the said John Cowper, rer|uiring him to deliver upon Oath, an
exact Account of the Quantity of Salt he has now in his possession
and that the same remain in the care of the said John Cowiier for
the use of the public, until he receives the further Order of this
Board, and tliat the said James Bonner immediately certify to this
Board the exact Quantity of said Salt.

Whereas tliis Board have had Information tiiat the '- 'herokees of
the lower, middle and valley settlements have abandoned their
Towns and that the force already collected under General Ruther-
ford with the three hundred Men marched i'rom Hillsborough dis-
trict is fully adequate to the protection and Security of the Frontiers,

Resolved, That the Brigadier General of Hillsborough district be
directed to Countermand the raising or Marching of the remaining
two hundred Ordered from the said district until further Orders
li'om the Council.

Resolved, That Col" Ebenezer Folesome furnish the Commis-
sioners appointed to Manage and Superintend the Iron Works with
fifteen Bushels of the public Salt in his po.ssession for the use of the
Labourers at said Works.

Whereas sundry persons of the Militia in Hillsborough district,
disregarding the resolutions of Congress relative to the militia, and
also in contempt of an Order of this Council, lately issued, directing
the raising and Marching of five hundred men to the assistance of

704 COLONIAL RECORDS.

General Rutherford, have failed to attend the Muster in their respec-
tive Counties, and when drafted have refused or Neglected to March,
and by such conduct incurred the Penalties by the Resolutions of
Congress inflicted,

• Resolved, That the Colonels in the respective Counties be and
they.are hereby directed to hold Courts Martial for the Trial of such
Delinquents, that they administer the following Oath to the Mem-
bers thereof, towit: " You Shall Swear well and truely to try and
determine, according to your Evidence in the matter now before
3'ou, between the Independant State of North Carolina and the pris-
oner to be tried." That they enquire into Facts and pass sentence,
and return their proceedings to this Board, deferring Execution until
further Orders of the Council or the Congress.

Resolved, That Conner Dowd be directed to sell the Salt in his
Possession, being about one hundred and ten Bushels, to the Whigs,
who bore arms on the late Expedition against the Tories at j\Ioore "s
Creek, at ten Sliillings per Bushel, not selling more than half a
Bushel to each man.

Resolved, That Mr Archibald Simpson be directed to sell ten
Bushels of his Salt to Ilenry Gitfard, Commissary for the Horse
under the Command of Colonel Folesome, at ten Shillings per
Bushel.

Adjourned till Tomorrow Morning S "Clock.

Saturday, August 24"^, 177G.

Met according to Adjournment.

Read the Petition of a Number of Lihabitants of Cumberland
County complaining of many abuses committed liy Colonel Ebenczer
Folesome, which was Ordered to be filed. And that notice be given
at a future ilay for liearing of the parties.

Adjourned till Tomorrow j\Iorning S "Clock.

Sunday, August 25'\ 177G.

Met according to Adjournment.

Adjourned till Tomorrow Morning 8 "Clock.

Monday, August 2G'", 177G.

Met according to Adjournment.

Resolved, That a Copy of the Valuation and Appraisement of
sundry A'essels sometime since Sunk to obstruct the Navigation of

COLONIAL RECORDS. 705

Cape Fear River be Transmitted to Nicholas Long Esquire. That
he apply to the Committee of Wilmington for the Inventories
therein mentioned, and take into his possession the Masts, Yards,
Sails, Rigging, Cables, Anchors, and other Apparel to the said Ves-
sels belonging, and deposit them in the care of one or more trust}'
person or persons, there to remain subject to the further (Jrders of
the Council or Congress, and that he transmit an Account of his
doings herein and an Inventory of the Various Articles, and with
whom Lodged, to this Board.

And Whereas the Council are informed That a certain William
Campbell, late owner of the Ship Alexander, a "\"e.ssel sunk for the
purpose above mentioned, refuses to deliver up the- Sails &c^ to her
belonging, detaining them until he shall be allowed for sundry
^Materials prejiared for tlie repair of the said Ship, Alexander,

Resolved, That Nicholas Long call on said William Campbell
for delivery of the Sails and other Articles aforesaid, and on his
refusal to deliver them, summon sufficient Aid and take them by
force, and proceed to take care of them as above directed.

Resolved, also. That the Committee of Wilmington, be and they
are hereby directed to appoint live indifferent persons, to value and
appraise the Materials prepared for the repairs of the Ship Alex-
cinder, lately belonging to William Campbell, the said Campbell
first deposing on Oath that they were actually prepared for that
purpose and render an Inventory and Appraisement thereof to next
Congress, that they determine of said Campbell's claim for the .said
Materials.

Resolved, That the Commissioners or Colonel Folcsorae deliver
to Mr James AVilliams Sixty Bushels of Salt out of that taken at
Cross Creek for the use of the County of Chatham, he or tliey Com-
plying witli tlie resolution of Congress respecting-the same.

It appearing on Examination of Major -lames Moore's Account,
rendered to and allowed by the last Congress that there was an
Error in extending the pay of fifty two privates in the Minute Ser-
vice f.r twenty eight days at one shilling and ten pence three farth-
ings of Twenty six pounds and one penny, it being carried out one
hundred and twelve pounds and tliree pence instead of one hun-
dred and thirty eight pounds and four jjcnce.

Resolved, That the said James Moore be allowed the sum of
twenty six pounds and one penny for said Error; That the Treas-

VOL. X — • 4.")

706 COLONIAL RECORDS.

urers or either of them pay him tlie same and be allowed in their
Accounts with the public.

Adjourned till Tomorrow Morning S "Clock.

Tuesday, August 27'", 1776.

Met according to Adjournment.

William Crawford having applied to this Board for leave to
depart this State for the Island of Bermuda,
Resolved, he have leave accordingly.
Adjourned till Tomorrow Morning 8 "Clock.

Wednesday, August 28'", 1776.

Met according to Adjournment.

Resolved, That Reneca Julian and James Walker be sent to the
Gaol of Halifax, it appearing to this Council that they are both
inimical to this State, and that Messrs. William Bell, Richardson
Owen and Francis Harper, Commissioners appointed by Congress to
take care of the Estates of Prisoners put out of this State from the
County of Guilford take an Inventory of the Estate of the said
Reneca Julian and to take all the care in their power to prevent
Waste and Embezzlement and to make return thereof to next Con-
gress, but at the same time to pay particular attention to his Wife
and Children, to see that they do not want the Common necessaries
of life and that his Estate shall remain where it was, except Arms
and Ammunition under the protection of this Council, until some
future Order of this Board or the Congress and that the Col' of
Wake County do see the first part of this Resolve carried into Exe-
cution.

Jacob Elliot, Abraham Woodward, James Wilson, William
Draper, John Underbill and Reneca Julian being brought before
this Board from Guilford County as persons inin)ieal to the Cause of
America,

Resolved, Tliat the aforesaid Persons by e(jual Proportions pay to
Thomas Jenkins, Captain of the Guard for himself and seven
Others the sum of twenty pounds eight Shillings and six pence for
their expence in bringing them before this Council.

Resolved, That Thomas Jenkins be allowed the sum of three
pounds eight shillings and one penny for himself and Guard l)ring-
infr to tills Board James Walker of (luilford Counlv. That the

COLONIAL RECORDS. 707

Treasurers or either of tliem pay liim the same and be allowed in
their Accounts with the public.

John Hamilton appearing before this Board in behalf of John
Hamilton and Company and suggesting that they had been aggrieved
by the determination of this Board relative to the Brigantine 117//-
iam directed by the Congress held at Halifax in April last to be
seized as British property, and praying an Appeal from the determi- •
nation of this Board to the next Congress, and that all further pro-
ceedings be stayed until the direction of Congress be had thereon,

Resolved, That the said John Hamilton in behalf of the Com-
pany, be permitted to appeal to the next Congress and that the said
John Hamilton and Company and all other persons, the Officers of
the Courts of Justice excepted, who have received any Monies
arising from the Sale of the said Brigantine William replace the
same in the Hands of Christopher Neale, Esq'' until tlie Resolution
of the next Congress.

Resolved, That IMessrs Francis Brice' and George Merrick be
appointed Commissioners for the port of Wilmington in this prov-
ince and that they enter into Bond with Security in the sum of five
thousand pounds for the faithful discharge of his Office.

Resolved, That the Commissioners appointed at the Ports of
Edenton, Bath New Bern and Wilmington be impowered to give
Permits to Vessels to load with Staves and heading for any of the
French, Spanish, Dutch or Danish Islands in the West Indies the
owner or owners of such Vessels first giving Bond with good and suffi-
cient Security in the sum of two thousand pounds, which Bond must be
payable to the president of this Congress of this State and his Suc-
cessors that Salt, Arms, Ammunition and other Warlike Stores
shall onlj' be imported in return for the Nett proceeds of such
Staves and heading, and that no person shall be intitled to this
privilege but known Friends to the American Independency.

Resolved, That Mr Williana Brown be appointed for the port of
Bath and that he enter into Bond with Security in the Sum of two
thousand pounds for the faithful discharge of his Office which Bond
is to be lodged with the President of the Provincial Congress.

The Council adjourned to Salisbury in the County of Row^n.

708 COLONIAL RECORDS.

[Reprinted from Ramsay's History of Tennessee;]

To THE HOXOKABLE THE PltOVIXCIAL CoUXCIL OF NOUTH CARO-
LINA :

The humble petition of tlie inhabitants of Washington District
"including the River Wataugah, Nonachuckie, &c., m committee
assembled, Humbly sheweth that about six years ago Col. Donelson
(in behalf of the Colony of Virginia) held a treaty with the i hero-
kee Indians in order to purchase the lands of the Western Frontiers,
in consecj^uence of which Treaty many of your petitioners settled on
the lands of the Wataugah &c., expecting to be within the Virginia
line and consequently h(.)ld their lands by their improvements as
first settlers, but to their great disappointment when the line was
run they were (contrary to their expectation) left out; finding them-
selves thus disappointed and lieing too inconveniently situated to
remove back and feeling an unwillingness to loose the labour
bestowed on their plantations they applied to the Cherokee Indians
and leased the land for the term of ten years; before the expiration
of which term it appeared that many persons of distinction were
actually making purchases forever, thus yielding a precedent (sup-
posing many of them wlio were gentlemen of the law to be better
judges of the Constitution than we were) and considering tlie bad
consecpiences it must be attended with sliould the reversion be pur-
chased out of our hands we next proceeded to make a purchase of
the lands reserving those in our jiossession as sufficient tracts for our
own use and resolving to dispose of the remainder for tlie good of
the community. This purcliase was made and the lands acknowl-
edged to us and our heirs forever in an open treaty in ^^^^taugah
Old Fields, a deed being obtained from the Chiefs of the .said Chero-
kee nation for them.selves and their whole nation conveying a fee
simple right to the said lands to us and our heirs forever, which
deed was for and in consideration of the sum of two thousand
pounds sterling (paid to them in goods), for which consideration
they acknowledged themselves fully satislied, contentt'(l and p:;id,
and agreed for themselves tlieir whole nation, their iieirs, etc.,
forever to resign, warrant and defend the said lands to us and our
heirs, &c., against themselves, tlieir iieirs, ikc.

The purcha.sc was no sooner made than we were alarmed by the
reports of the present unhap]iy ditrerences between (ireat Britain
and America on which report (taking the now united colonies for

COLONIAL RPXORDS. 709

our guide) we proceeded to choose a committee which was done
unanimously by consent of the people. This committee (willing, to
become a party in the prL'sent unhappj' contest) resolved (which is
now on our records) to adhere strictly to the rules and orders of the
Continental Congress and in open committee acknowledged them-
selves indebted to tlie United Colonies their full proportion of the
Continental expense.

Finding ourselves on the Frontiers and being apprehensive that for
want of a proper legislature we might become a shelter for such as
endeavored to defraud their creditors, considering also the necessity
of recording Deeds, Wills and doing other public business, we by
consent of the people formed a Court for the purposes above men-
tioned, taking (by desire of our constituents) the A'irginia laws for
our guide so near as the situation of affairs would admit; tliis was
intended for ourselves and was done by the consent of every indi-
vidual; but whei'ever we had to deal with people out of our dis-
trict, we have ruled them to bail to, abide by our determinations
(which was in fact leaving the matter to reference) otherways we
dismissed their suit lest we should in any way intrude on the legis-
lature of the Colonies. In short we have endeavoured so strictly to
do justice that we have admitted common proof against ourselves
on accounts, &c., from the Colonies without pretending a riglit to
require the Colony seal.

VCe therefore trust we shall be considered as we deserve and not
as we have (no doubt) been many times represented as a lawless
mob. It is for this very reason, we can assure you that we petition ;
we now again repeat it that it is for want of proper authority to try
and punish felons, we can only mention to you murderers, horse
thieves and robbers and are sorry to say that some of them have
escaped us for want of proper authority. "We trust however this
will not long be the case and we again and again repeat that it is
for this reason we petition to this Honorable Assembly.

Above we have given you an extract from our ^:)roceedings since
our settlement on Wataugah, Nonachuckie &c, in regard to our civil
affairs we have shown you the causes of our first settling and the
disappointments we have met with, the reason of our lease and of
our purchase, the manner in which we purchased and how we hold
of the Indians in fee simple; the causes of our forming a committee
and the legality of its election ; the same of our Court and proceed-
ings and our reasons for petitioning in regard to our legislature.

(10 COLONIAL RECORDS.

We will now proceed to give you some account of our militaiy
estfiljlishments which were chosen agreeable to tlie rules established
by convention and ofHcers appointed by the Committee. This being
done we thought it projier to raise a comjjany on the District Service,
as our proportion, to act in the common cause on the sea shore. A
Comjiany of fine riflemen were accoi'dingly enlisted and put under
Capt. .James Roberson and were actually embodied when we received
sundry letters and depositions (copies of which wo now enclose you),
j'ou will then readily judge that there was occasion for them in
another place \\;here we daily expected an attack, we therelbre
thought proper to station them on our Frontiers in defence of the
common cause at the expense and risque of our own private fortunes
till further public orders, which we flatter ourselves will give no
ofiense. We have enclosed you sundry proceedings at the station
where our men now remain.

We shall now submit the whole to your candid and im])artial
judgment. We praj^ your mature ami deliberate consideration on
our behalf, that you may annex us to your Province (whether as
county, district or other division) in such manner as may enable us
to share in tlie glorious cause of Liberty, enforce our laws under
authority and in ever}' respect become the best members of society,
and for ourselves and constituents we hope- we may venture to
assure you that we shall adhere strictly to your determinations and
that nothing will be lacking or anything neglected that may add
weight (in the civil or military establishments) to the glorious cause
in which we are now struggling or contribute to the welfare of our
own or ages yet to come.

That you may strictly examiue every part of this our Petition
and delay no time in annexing us to your Province in sucli man-
ner as your wisdom shall direct, is the hearty prayer of those who
for themselves and constituents, as in duty bound, shall ever pray.
John Carter Ch" John Sevier John Jones

Charles Robei'dson Jas. Smith George Russel

James Robertson Jacob Brown Jacob Womack

Zach. Isbell W" Been Robert Lucas

The above signers are the Members in Connnittee assembled.

W" TATIIAM, Clerk P. T.

Jacob Womack John Brown Adam Sherrell

Joseph Dunham Jos. Broi\n Samuel Sherrell Jr

COLONIAL RECORDS.

711

Rice Durroon
Edward Hopson
Lew Bowj'er D. Atty
Joseph Buller
Andw Greer
Joab Mitchell
Gideon Morris
Shadrack Morris
William Crocket
Thos. Dedmon
David Hickey
Mark Mitchell
Hugh Blair
Elias Pebeer
Jos. Brown
John Neave
John Robinson
Chrisf Cunningham
Jas. Easeley
Ambrose Hodge
Dan' ]\Iorris
W Cox
Jas. Easeley
John Haile
Elijah Robertson
William Clark
John Dunham
W" Overall
]\Iatt. Hawkins
John Moore
William Newberrj'

Job Bumper
Isaac Wilson
Richard Norton
George Hutson
Thomas Simpson
^'alentine Sevier
Jonathan Tipton
Roljert Sevier
Drury Goodan
Richard Fletcher
EUexander Greear
Jos. Greear
Andrew Greear, Jr
Teeler Nave
Lewis Jones
John I. Cox
John Cox, Jr
Abraham Cox -
Emanuel Shote
Tho. Houghton
Jos. Luske
W™ Reeves
David Hughes
Landon Carter
.John M'Cormick
David Crocket
Edw'' Cox
Tho' Hughes
William Roberson
Henry Siler
Frederick Calvit

Samuel Sherrell Sr
Ossa Rose
Henry Bates Jr
Jos. Grimes
Chrisf Cunningham S'
Joshua Barten Sr
Jona. Bostin
Henry Bates, Jr
Will-" Dod
Groves jNIorris
■W" Bates
Rob' Mosely
Ge. Hartt
Isaac Wilson
Jno. Waddell
Jarrett Williams
Oldham Hig-htower
Abednego Hix
Charles McCartney
Mark Robertson
Joseph Calvit
Joshua Houghton
John Chukinl:)eard
James Cooper
William Brookees '
Julius Robertson
John King
Michael Hider
John Davis
John Barley

[Endorsement]

Received August 22"'^ 1776.

712 COLONIAL RECORDS.

[From ax Address ox the Early History of Burke Cocnty, by Jcdge A. C.

Avery.]

Extract from Juflge Avery's Address on the Early History of Burke
County.

During the year 1776 the Cherokee Indians as allies of England,
crossed the Blue Ridge and invaded the upper part of Burke and
what is now [McDowell County. They scalped the people, burned
the houses and appropriated the live stock along their line of march.
It is to be regretted that more of the history of that fearful raid has
not been preserved.

With verj' short notice of their danger, the people living along
the foot of the Blue Ridge in McDo\tell and also in Burke rushed
to the different forts for protection, and those who without warning,
remained at their homes, were killed, after being subjected, in some
instances, to cruel torture. Very few womSn, even, were spared and
taken as prisoners.

The white men then claimed the country to the top of the Blue
Ridge, and had occupied it to the foot, while the Watauga settlement
west of the mountains extended South of Jonesboro for some dis-
tance. The treat}' of the next year was concluded at the Long-
Island of Holston, and contained a formal recognition of the claims
of the whites. There was a fort at the present town of Old Fort,
which was built for'the Catawbas, as we have mentioned, but was
used in 1776 by the whites. Another had been erected in the Tur-
key Cove, a third where the town of Lenoir now stands, and we
suppose that many others were scattered along in tlie exposed settle-
ments of Burke and Tryon.

Old Mrs LIunter, the mother of .James Hunter (who formerly
lived on Linville where his son .Joseph now lives), and grand-
mother of the late Swan Burnett and Mrs J. Scwell Brown of McDowell
county, was scalped by the savages, who appeared at' her house
without warning. She was left senseless, but recovered, however,
lived many years after and raised a large family.

The wife of a man named M°Falls, who lived in the North or
Turkey Cove, was also scalped and terriblj' disfigured, but recovered
to find herself disowned and deserted by her unfeeling liusband
because her beauty had liecn marred by lier terrible wounds. This
same man MTalls was a Tory, and wlion captured at King's Moun-

COLONIAL RECORDS. 713

tain was led up to a tree with a rope around liis neck, but was
released at the earnest request of one of McDowell's men who prom-
ised to be responsible for his good l)ehavior thereafter, on taking
the -oath of allegiance to the colonial government. The Cherokees
came down Roaring Creek to Toe River and crossed, we believe,
into the North Cove settlement first. Colonel Waightstill Avery
passed up Roaring Creek, and hearing the war-whoop behind, spurred
his horse and galloped across from the head of the creek (o the
Watauga settlement on Doe River. When he returned with Col.
Sharp and others, who, with him, made the treaty of 1777, on Holston,
he ascertained from a woman, who liad been a prisoner, that several
braves followed him for some distance, and desisted only because
they suspected that he was trying to lead them into an ambuscade.
Gen. Rutherford raised near the close of the summer of 1776 an
army of 2,400 men.

He probably pa.ssed up the old Island Ford road a few miles
south of Morganton. He was joined in Burke county by botli
Joseph McDowell, Sr., and Joseph McDowell, Jr., as well as Col.
Armstrong's regiment from Wilkes and Surry. He crossed the Blue
Ridge at Swannanoa Gaj), went down that river to the French
Broad, then, after passing up Hominy, crossed the Pigeon just
below the mouth of East Fork, and entered the valley of Richland
a few miles above Waynesville. He then marched up that creek,
crossed Balsam to Scott's Creek, and passed down Scott's Creek to
the Tuckaseegee, which he crossed at an Indian town called Stekoeh,
located on the farm of Col. W. H. Thomas, in Jackson county, a
mile from AVhittier Station. After an engagement with the Indians
on Cowee Mountains, he went down the Tennessee river to !Middle-
town, then on the 14th of September he met Gen. Williamson, from
South Carolina. He returned by the same route, afterwards known
as "Rutherford's Truce," having completely subdued the Indians
and paved .the way for the treaty of the next year.

Gen. Rutherford, we suppose, followed an old Indian trail, but it
is curious to observe how nearly he marked out also the line on
which the great highways of the countrj', first"the turnpike and then
the railroad were located.

Nearly all of the men of the Piedmont section, who afterwards led
in the last campaign of 17S0-'S1 in AVestern North Carolina, saw
their first service under Rutherford in this expedition.

714 COLONIAL RECORDS.

[RtPRINTED FROM STEDMAN'S HISTORY OF THE AMEniCA.N WaR. VoL. 1. P. O-IS ]

About the L"se of Savages Against the Americans.

"Such cool, deliberate, and resolute conduct was the more remark-
able, that Congress had now to contend with an additional enemy.
This enem\' was the Indians. It has been shown how unsuccessful
every attempt had liitlierto [iroved to detach the Soutliern Colonies
from the sup^iort of tlie common, cause to their OAvn immediate
defence, by involving them in civil war through the means of tlie
Regulators and Higliland Emigrants in the Carolinas, or of the
Negroes in A'irginia. It lias also been shown tliat the provincials
adduced these attempts as charges against their several Governors.
Unsuccessful as these endeavors had hitherto been, the consequences
tliat would result from such a plan of operations were too important
to be neglected. Britisli agents were again employed in engaging
tlie Indians to make a diversion and to enter the Southern Colonies
on their back and defenceless parts. xVccustomed to their disposi-
tions and habits of mind the agents found but little difficulty in
bringing them over to their i)UrposL' by presents and liopes of .sp il
and plunder. A large body of men was to be sent to West Florida
in order to penetrate through the territories of the Creeks, Cliicka-
saws and Chernkees. The warriors of the.se nations were to join the
body and tlio Carolinas and ^'irginia were immediately to be
invaded. At the same time the attention of the Colonies was to
be diverted by another formidable naval and military force which
was to make an impression on the .sea coast. But this undertaking-
was not to do[>end solely on tlu' Ihitish army and Indians. It was
intended to engage the assistance of such of the white inhabitants
of the back settlements as were known to be well affected to tlie
British cause. Circular letters were accordingly sent to those per-
sons by M'' Stuart requiring not only the well affected but also those
who wished to preserve their property from the miseries of a civil
war to repair to the royal standard as soon as it should be erected
in the Cherokee country with all their horses, cattle and provisions
for which they should lie libci'ally paid. * * * Matters were
not yet ripe for execution when the Creeks, a Idoody and .cruel race
eager to partake of the exjiected plunder, resolved not to await the
arrival of the British troops but to commence the insurrection

COLONIAL RECORDS. 715

immediatel}-. They proceeded in the execution of their intentions
with incredible barbarity." !n * *

"In addition to the strength ah'cady possessed by the EngHsh in
Canada, several nations of Savages who inhabit tlie liack settle-
ments of that province and the borders of the Western Lakes,
resolved to take up arms against the Americans. The acceptance
of their a.ssistanee has occasioned much discussion and a variety of
opinions. General Burgoyne was certainly induced to adopt this
measure from a knowledge of their warlike character and from a
well-grounded sui^.position that, if he refused their offers, they would
instantly join the Americans. But he resolved to bring them into
action as little as possible. In the preceding year he did not make
much use of them and he determined to pursue, as far as he could
with prudence, the same line of conduct in the present year. He
knew that their oliject in all wars was murder, desolation, and
destruction: and though he certainly wished to conquer the revolted
Americans, yet he did not wish to exterminate them. His conduct
however in this respect, did not receive general approbation; for it
was contended that partial severity was general mercy, and that,
to put a speedy end to the rebellion, the most vigorous and resolute
measures should be adopted. Among the opponents of General
Burgoyne on this subject was the minister himself, who accordingly,
transmit ed orders to General Carleton to use all his influence in
securing the assistance of the Indian nations. This he did so effec-
tually, that he became fearful at length of obtaining a larger num-
ber than was necessarv."*

[Repeinted from Jones' Defsn'ce op North Carolixa. P. 268.]

An account of the reception of the news of the Declaration of Inde-
pendence at Halifax.

On the 22°'^ of .luly the news of the Declaration of Independence
reached Halifax; and, the Council of Safety being in- session in
that place, the following resolution was unanimously adopted,

Resolved, That the Committees of the respective counties and

*History of the American War by C. Stedman who served under Sir W. Howe,
Sir H. Clinton and under the Marquis Cornwallis, to whose army he was Com-
missary, published in London in 1794.

716 COLONIAL RECORDS.

towns in this State on receiving the Dechiration of Lidependcnce,
do cause the same to be procLaimed in the most public manner, in
order that the good people of this Colon\' may be fully informed
thereof.

On the 2.3"' of July the Council proceeded to change the test oath;
and the preamble of the resolution states that the Colonies were now
free and independent States, and all allegiance to the British Crown
was forever at an end. On the 27"' of the same month the Council
set apart Thursday, the first of August, as a day for proclaiming
the Declaration at the Court Llouse in Halifax; and the freeholders
and inhabitants of the County were requested to give their attend-
ance at the time and place.

On the appointed day an immense concourse of people assembled
at Halifax to witness the interesting ceremony of a public procla-
mation of tlie Declaration of Independence.

The Provincial troops and militia c mpanies were all drawn up
in full array, to witness the scene and to swear by their united accla-
mations to consummate the deed.

At mid-day Cornelius Harnet ascended a rostrum which had
been erected in front of the Court House, and even as he opened
the scroll, upon which was written the immortal words of the Dec-
laration, the enthusiasm of the immense crowd broke forth in one
loud swell of rejoicing and prayer. The reader proceeded to his
task, and read the Declaration to the mute and impassioned multi-
tude with the solemnity of an appeal to Heaven. "When he liad
finished, all the peopjle shouted with joy, and the cannon, sounding
from fort to fort, proclaimed the glorious tidings that all the Thirteeen
Colonies were nofl' free and independent States. The soldiers seized
Mr LLarnett and bore liim on their shoulders through the streets of
the town, aiiplauding him as their champion, and swearing allegi-
ance to the instrument he had read.

[From MS. Records? in Office of Secret.vry of State.]

Letter from Richard Blackledge to the Council of Safety.

&^

CoEE Sound, August y° 1", 177t).
Gentlk.men:

I have lieen here some few days past and have been Trying the
M'ater at 5 different places while the people were a gcting things in

COLONIAL RECORDS. 717

Order, to cany on the works, but find us i'avv as I have been able to
Judge, the channel water the best Both for Clearness and stringht
we can git. Near one peck of salt out of 32 gall, of water will be
got, in this unstedey way of boiling in small potts, and the Open
aire.

I send ^ Capt. .John Jones a small sample of the salt, made both from
the Channell, and the flatts, though itts not neare cured as yet. I
have purchased one Large Iron Kittle of M" Wasley at £0 & have
sent "^ Capt. Jones to Bath to Try to Buy three or 4 more for fearo
y' plates should note come. I am told the Marylenders are making
in Large cast flatt Iron Kittles. In case the plates shold arrive, I have
spoek to some workmen who saith thay can Rivett them for me. xVs
the Seasons farr advanced I think Boyling will bee Our greatest
Dependance for this season, but I mean to make one or 2 setts of
Avorks with which I hope we shall make some c^uanitty of salt by
Evaperation but the place whare M' Williams at work on I-dont
liek, as I am certain I can erect a sett of works much cheaper &
more Exstensive & a deal better foundation about three miles higher
up y' River, and from Experance the waters erpelly as good & more
out of the way of an Enemy, and the La.nd can be had on such
Termes that wont l>e disagreeable, to the puljlick. I believe, how-
ever I am this day to Treat as to the price of itt.

I shall want some oxen, say 2 yoak, a cart and Timber wheels, a
Boat efc Cannon, which I mean to try to buy, as oxen at .5 ^ day will
soon run away with the jirice of a yoak or Two & we shall allways
be in want of some. As the properest ways & means to make salt to
advantage is of the utmost consequence to the provance, I have pre-
vailed on Capt. Jones to waite on your honours, to offer himself to
go to Vergenia, to the salt works there & vew them, & git the best
derections that is to be had, allso to offer his services to your
Honours as an assistance to me to carrey on they works. M'' Will-
iams hath finished one of his sett of works, & is gon a considerable
way on with the second, though much agan.st Cap' Easten or my
Inclination. He expects to make salt next week.

I ant seen the second account, but am told that tlie £500 you
Long sence, lent Capt. Easten advanced, as well finished the .second
works, or all must stop, as I find his i^lan & mine wont agree, to
carry on to geather.

I am Gentlemen with Esteem your

Honours most Obe. Hum' Ser'

RICH" BLACKLEDGE.

718 COLONIAL RECORDS.

P. S. I begg the favour of the Lone of M"' Tho' Jones Treates on
maeking of Salt, by Brownrigg, to be sent ^ the post, to the care of
my son Rich'' in New Bern, for which I shall be thankfuU, as well
as carefull to return in good order. If Capt Jones shold go to Ver-
genia, please wright to the Gentlemen that Superintends the works
there to assist him all thay can in instructing him in y' Business, if
you shold approve of his going, & being my assistance in carreying
on the works.

[From MS. Recokds in Office of Secretary of State.]

Letter from General Rol^ert Howe to the Council of Safety.
Sir,

Captain Cellcock will Visit your Colony on the Recruiting
Duty^in the service of Georgia. The Necessity that Colony is under
for that, its importance to the common cause and the Zeal it has
shown in it, combine to give it a claim to every assistance of a sister
Colony, which they can lend compatible with tlicir own innnediate
Interest; this will I doubt not induce you to serve tliem all in your
Power. I have nothing further to add by Cap' Cellcock as I shall
write youtully by an Express.

I am with the greatest Respect Sir,'

Your most Ob' Serv'

R. HOWE.
Charles Town, 2'' August, 177(3.

[Vrom MS. Records in Office of Secretary of State.]

Letter from the North Carolina Delegates in the Continental Congress
to the Provincial Council of Safety.

HoNnriiKn Sii;,

Permit us, thro' you, to aildress the lionourable body in which
you jircside, and inform them that we were favoured witli their two
last letters by Mr Hooper, and have seized the earliest, and most
probable method to carry the contents of them into execution. We
have stated to the continental congress, with all the energy we are

COLONIAL RECORDS. 719

capable of, the present distressed and necessitous state of our Prov-
ince, and the meaus wliich maj* tend most effectually to relieve it.
We have been as fortunate as your most Sanguine expectations, and
the inclosed Resolve will convince you, that North Carolina bears
no inconsiderable weight in the favour of the Continental Congress.
The readiness which they discover upon all occasions to comply with
the just requisitions of our State, evince that they entertain a grate-
ful sense of our patriotick exertion, & wish to furnish to us every
inducement to piersist in a conduct from which we have to expect
liljerty, peace and happiness.

In addition to the several articles which you recommended to our
care, "\Vc have bestowed our Thoughts upon the subject of procuring
Cloaths for our Troops. Men as prompt as they are, to encounter
every difficulty and danger, deserve every comfort and convenience
that from the present pittance of Stores can be procured for them in
this part of the Continent. The Soldiers raised here not from anj^
advantages which they derived from nature in point of aiipearance,
but from being decently clad, and covered from the Inclemency of
the Sun & Rain, shew themselves to great advantage, & rival regu-
lar Troops in decency and cleanliness, whilst ours with scarce a
shirt to their Backs, feel forcibly the effects of poverty, they become
dispirited from neglect, & feel an indifference to a service which so
sparingly recompenses the exertions of those who fight for it, and
brave every danger to protect the liberties of their Country. (Aware
of the difficulty of procuring Cloathing in Carolina, We have pre-
vailed upon the Congress to send a supply from this, & by Iheir
direction have this day employed one of the continental Commi.ssa-
ries to have made up for them as many Clotlt Short Coats, Brrrrlics, Stock-
iiu/s Shoes and Shirts a^ may tend to relieve their urgent wants &
prepare them to meet the Weather when it becomes less favourable
to t'leir present destitute Situation. It will take some time to collect
the materials & have them made up for use, but be assured nothing
shall be wanting to urge to completion this necessary business, & to
forward the articles as soon as they are in readiness.) We sliall not'
omit to send Hats, if besides these you should think proper to order
Canteens, Cartouch b 'Xes or anj' other military appendage, (Arms
excepted). We shall pay a punctual Obelience to such orders, Arms
n )t being to be procured

The 4 Tons of Gunpowder mentioned in the re-solve inclosed will
be forwarded as soon as Waggons and Horses can be purcha-sed. In

720 COLONIAL RECORDS.

this we have made some advances & we hope in a few days to have
this necessary Article in motion.

The field pieces cannot at present be had. No pains have been
sjDared to procure such as would answer our purpose, but we liave
not been able in the publick stores or in private hands to find any.
We must wait the contingency of the arrival of Vessels with stores,
& it will be among the first objects to minister in this respect to the
defence of North Carolina.

Battering cannon cannot for some time be sent to you. Few are
made but in Maryland & there only at one Work. Few Mechanicks
can be found that are acquainted with the process, & like all new
undertakings it goes on slowly, and its first eftbrts often prove unsuc-
cessful!. The Works at Marjdand and elsewhere are under contract
to the Continent for what they. make & you will of course come in
for a share of what the attempts j)roduce. With plenty of iron in
our province, and the ground work of a foundery at deep river,
could we possibly procure an able operator to carry on tlie manufac-
tory of Guns, it would be an Object well wortliy publick attention,
& merit almost any expence that might attend the carrying so use-
ful a design into execution. It would put us out of depcudance
upon otliers & furnisli a necessary tt profitable article for the supply
of our neighbours.

A\'e have consulted Doctor Franklin and others upon the subject
of Salt jians. He has promised us his As.sistance in preparing the
plans, and directing the mode of making the pans. As soon as an
operator can be found wlio will undertake them. We shall set hini
at work. .Inst now all manufacturies are at a stand here. The large
draughts that have been made from this city for the defence of the
Jersies & New York have scarce left enough behind to supply the
nece.ssary demands of cloatliing for tlie Inhabitants. We shall find
great difficulty to liire men to drive our ^\'agguns. The exertions
of this city are beyond comprehension, ami all Ranks have rushed
to New York as to the field Avhere they soon expect to gather tlie
fruits of their bravery, and secure liberty \o tliese I'nited .States.
May Heaven ei-nwn them with success.

The l>o(iks wiiich you ordered, with some small alteralion uiiich
we thought it jirudi'iit to niaki' liy adding a I'ew others A\]iicli have
some rejmtatiun in tlie military way. and a i'ew rnniplilets, the
design of which will ajipear from the preface, not inaj)plicable to
our province (i/tni/rtli>r. with ()ilri<li/r & writing paper, will accom-
pany or I'ollow soon after the Gunpowder.

COLONIAL RECORDS. 721

We beg leave to press upon you as a matter of the most serious
concern the manufactures of Saltpetre, common salt and Gunpowder.
Should Britain spread her immense Navy along our coasts our sujd-
plies from abroad are at an end. Upon ourselves must we rely, and
should we fall short in our attempts, the consequences are too
alarming to predict & must be obvious to every one. The people
here and at the Eastward have found it necessary to be at great
expence in the commencement of these manufacturies, but the suc-
cess has amply compensated them, & they will soon defy the endeav-
ours of Britain to withhold these necessary supplies. You best
know the policy of fitting out and loading one or more vessels for
the purpose of pi'ocuring Salt for the present exigency. When the
l^eople feel the total want of that Article we fear it may drive them
to some desperate resolutions.

fyWe hear with extreme concern that the Currency of N" Car-
olina has been counterfeited & the deceit so well executed as to
endanger the property of the best Judges of oar money. We hum-
bly beg leave to hint that one expedient & one only can relieve us,
the calling in all the circulating Currency of the Colony and
emitting bills in lieu of it. This will put the old & new on a
footing & prevent from a Comparison of the new with the old any
discrimination being made (as by wicked men it at present is) in favor
of the latter. Should you think with us & be confident that the
Convention when it sits will adopt this expedient will it not be
prudent to order the Bills to be st)->irk liere (ratlier printed) as the
Continental bills are, and on paj^er of the same kind, this will Secure
it from fraud after this, as far as human Invention can disappoint
the ingenuity of A'^illains. Should this be resolved upon the sooner
it is accomplished the better. If any great Quantity of the base
Currency gets into Ci' eolation and sliould reach the Soldiery the
unavoidable conse(|uences will be clamor mutinj' and desertion.

By Capt Tool we inclosed you the late newspapers. We nowsend
those which are subsequent to which we refer you for any news
which is stirring here. In hopes to liear from you by the first
Opportunity, We offer our most respectful Compliments to the Gen-
tlemen of your Honourable Boird & Subscribe ourselves
With great l^esj^ect Sir

Your most obed' Humble Serv'^

WILL. HOOPER
JOSEPH HEWES
VOL. x-46 JOHN PENN

722 COLONIAL RECORDS.

P. S. The Drums Colours & fifes will be sent fis soon as the
men return from the Array •whose business it is to make them —
we hope this will be in a few days.

[From MS. Records in Office of Secretary of State.]

Letter from General Charles Lee to Colonel Sumner.

Charlestqwx, August y' 3"", 1776.
Sir,,

I think you will act prudently in getting your Party over Ashley
Feirry as soon as possible as your men (should they be inclined to
desert) will find much greater difficulties in accomplishing it. If
you are then not properly equipped you may halt send back some
intelligent officer to inform me of your wants and you shall be sup-
plied accordinglj'.

I am, Sir, yours,

CHARLES LEE.

[Feo.m MS. Record.5 in Office of Secretary of State.]

Letter from Dugall Campbell to Cornelius Harnelt.

Samson Hall, 3'' Aug', 1770.
Sir,

When la.st at Willmington my Business there was to Wait on you
and lett you know the dissagreeable situation I was in with Regard
to mustering in this County which .still Continues — and only
last week a party under arms Came to this house to Demand and
Levie fines off me. Tho' I have been Bad of a fever since ever you
saw me when at Willmington I indeavour'd to make you sensible
liow unconvenient it was for me to muster or take uj) arms — you
saw by a factory I left with my friends at home that all the property
I liave is in Great Brittain and that holding of the Crown. You
know and is sensible there are many of my Country ]H'()ple lierc
that wou'd be very Glad of an u])[.ortunity to inrnrni again me
were they to know 1 took up Arms for this Country — then my
property wou'd be immediately Confiscate to the King — The con-
sequence must ])e my ruin — and that for the mere form of my

i

COLONIAL RECORDS. 723

taking up arms — my own Countiy people are more inveterate
against me than others, for no reason than that I did not or wou'd not
Join in the Last Insurrection not only that but advised them I
thought I had most influence with strenuously against it which was
taken so much amiss among them that I was oblig** to fly here for
lirotection. Now Sir I should be very happy and at the same time
infinitely oblig* to you if you wou'd but put me upon a ])lan of pre-
serving my property — for little as three or four thousand sterling is
its my all and I think as well in my hands as the Kings — I'll only ask
you or any Gentleman of sense and property in America what wou'd
they doe in my situation — I suppose them at present in Brittain and
their jiroperty here how wou'd they relish being oblig'* to take up
arms there and consequently lose their property here — I want
no particular favour shewn me I only want to be done to as you or
any one of the Councill wou'd choose to be dealt with was their
Case mine — By and by (as I have no place of residence of my
own) I go to some other County to Tarry a While there and then I'm
in the same delaima — What am I to doe, God Bless you doe tell
me^I as a stranger Beg your advi-ce and assistance in this affair —
as I doe and did look upon you as a friend I hope you wont neglect
me — I hope you'll forgive the trouble I have given you but
necessity has no Law — please offer my very Respectful Comp"
to ]\Iess" Ashe, Sharp, and Warner. Your answer by I\Iajor Clinton
I Expect which will be alwise Esteem'd as a very singular favour
done to

Sir your most obedcent and very Hum*''^ Scrv'

DUGALL CAMPBELL.

[Froji MS. Records ix Office of Secretary of State.]

Letter from Robert Williams to the Council of Safety.

Carteret County, August the o"", 177G.
To THE Council,

Yours of the ll'" Ulf I rec'd the 26"' by Blackledge. I have
finished my first Works and let on Water last Thursday the 3*
instant. Expect to make Salt in 4 or 5 Daj-s; if we have good
weather I have no doubt of Success ; I thought the Exigencies of
the province called for a quantity rather than a Sample, however
must and will in some measures submit to vnur orders. Let the

724 COLONIAL RECORDS.

Public I have been so anxious about suffer what they may by leav-
ing off the works, but hope to finish a Second Divission (or work) in
about a week. If I by so Doing trangress your orders must pay
what I lay out amiss. Have Discharged most of the people at high
Wages which was Necessary, as I have no money for them at present;
and my common labourers I have reduced to about 30, & As it
appears you have no great confidence in my integrity, or are Diffi-
dent of my Abilities, I shall he always Willing to quit your Ser-
vice, and hope to see you soon, with account of quantity, and sam-
ple of the quality of Salt. I am as usual

An Entire well Wisher of the good of the province

Your ROBERT WILLIAMS.

[From MS. Records in Office of Secretary of State 1

Letter from John Easton to the Council of Safety.

Beaufoet, v° 6* Aug", 1 7~G.
Sir,

Your Hon"' Board were i)leased to order five hundred Pound to
be deposited in my hands to be paid to Robert Williams occa-
sionally for carrying into execution Publick Salt Works. I have
now to inform you that it is expended, I could not prevail on jM'
Williams to have the process fully demonstrated with that Money,
have frequently told him it was the intention of the Council of
Safety, but he being so confident of it himself extended his works
to a second division. I am however in hopes it may still answer a
public purpose, am confident Salt will make in Others, the first
division has had water on the beds four days am in hopes in 4 more
salt will begin to make, after which .should it continue dry it will
make fast, the second division is going on will be compleated in 15
or 16 days; the men at high wages are discharged, so that am in
hopes it will be carryed on with less expence than the first. I have
done every thing in my power to lengthening out tlie £500. I
have advanced 'Money towards carrying on the works hopcing it
may meet with your approbation as I think it may be of use to the
publick as the works are so far gone on with to liave it finished, it
is clear to me that the place where they are fi.xcd is equal to any in
the Province for the purpose, it is well slieltered against storms and
I think" the works are proof against a Hurricane, as they are well

COLONIAL RECORDS. 725

executed and tlie water equally salt. As no iirovision has been inade
for furnishing the Independant Company's with fire Arms I have
ventured to deliver out to Cap'" Ward's Company what Guns I have
purchased for the Publick and take his Rec' for the delivery of
them when called for, I hope the Council of Safety will fav' me
witli a Letter informing how far they may approve of my advance-
ing for finishing the second division of Salt works as likewise my
lotting out the fire Arms as mentioned above. I am with due
regard, Your Obed' Hum"" Serv'

JOHN EASTON.

[From JIS. Records in Office of Secretary of State.]

Affidavit of Alexander McLeod.

North Carolina l^ q
Chatham County, j ^^•

This day personally appeared before me Mial ScUrlock Alexander
McLeod and made Oath that a certain man who called himself
Lieu' York Shephard came to his house on or about the 25 day of
June last passed and informed this Deponent that he had left the
Indian Camp .some few days before in company with fourteen other
men who were derected to Different Counties in this Colony two and
two in a company in order to acquaint the King's party to hold a
good Heart and that they wou'd soon relieve them for that they
wou'd camp about the 25 of August at the Indian Springs on the
borders of Cumberland County and that the Army consisted of
about 60000 men whereof 3000 were white with whom they were four
Governors and seven Indian Kings; this Deponent further saj's that
the said Shephard further informed him that he was that day going
to a meeting of some men his Friends about five miles from Conner
Doud's and that he wou'd return that night if it should be midnight,
but that he did not return nor has this deponent seen him since and
that this deponent further saith that the said Shephard brought with
him a son of Cotton's whom he called Thomas and the said Bo}' left
the inclosed list of persons by accident at his house and the said
Shephard further informed this deponent that he had been in several
parties with the Indians where lie had committed divers murders
and Roberies. And further this deponent saith not.

ALLEX' MacLeod,

Sworn before me this 6"" day of August 1776.
Mial Scuelock.

J2Q COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Letter from the Secretary' of War to the Xorth Carolina Council of

Safety.

"War Office, Philad" 6'" Aug', 1776.
Gentlemex,

By a Resolve of Congress on the subject of Prisoners it is deter-
mined " That a list of the Prisoners in each Colony be made out by
the Comittees of tlie Counties Towns and Districts where they reside
and transmitted to the Assembly, Convention or Council or Comittee
of Safety of such Colony respectively who shall send a copy thereof
to Congress." The Board of War who have by Derection of Con-
gress, the care of all Prisoners, are much Obstructed in that Busi-
ness by the Resolution before c^uoted not having been complied with,
I am therefore to press you, by all means to prevail on the several
Comittees in your State to enable you immediately to transmitt an
accurate List of all Prisoners of War now in your State to the Board
that this matter which has heretofore been in Confusion maj' be
reduced to proper Order.

I have the Honor to be your

most humble Serv'
RICHARD PETERS, Sec'y.

P. S. Please to send a List of all Officers their Ranks & Dates of
Comissions of any Continental Troops raised in your State & the
Time for which thev were enlisted.

[From MS. Records in Office of Secretary of State.]

Letter from General Griffith Rutherford to the North Carolina Coun-
cil of Safet}', about the Cherokee Outrages.

Salisbury, Augu.st G"", 177G.
Sir:

Your Favour of the 29"' July by M' Toadvine is before mo, and
shall immediately comply M'itli the Order of Council by sending
Lieu' Co' ^\'illiams, of Surry, with 300 Men to Virginia, and as soon

COLONIAL RECORDS. 727

as Salt from Cross Creek comes to hand, shall send 50 Bushels under
their Care.

I am sorry to hear tliat your advices from Surry were falsely
grounded, both with Respect to the Militia and Ammunition.

At tlie first alarm I had from tiie frontiers, I determined to leave
the Surry ]\Iilitia at that time to defend their own^ and take suffi-
cient from the other Counties to put a stop to the Rage of the
Enem\'; and at the same lime sent exjiress Orders to Col. Arm-
strong, of Surry, to hold himself in E^eadiness to join me, if recjuired,
with the half of his Militia, and march against the Cherokees, in
case the Council should give me express Orders to carry the War
into the Nation ; and on Tuesday, the 23* of last Month, I wrote
him express Oi'ders to join me at Head-Quarters, with 300 Men
equipped for the purpose of War, against that day four Weeks.

Whereas I cannot take any men from Tryon, nor the second Bat-
talion of Rowan (being frontiers), the Current of Tories running
strong in Guilford and Anson; the Surry Gentlemen's Insinuations
to Virginia, your Board thereby depriving me of 300 ]\Ien, and
many Inhabitants in the Neighbourhood of this place being ill
with fevers, all conspire to render it absolutely necessary that 500
or more should join me from Hillsborongli District, and therefore
have wrote by Express for that Purpose.

No wonder that this and many more Distresses and Disorders
should attend us, v»-hen Gentlemen to wliom we ought otherwise to
look up, and from whom we ought to have had many and necessary
Orders have denyed their Presence.

Sir, your most Ob' humble Serv',

GRIFFITH RUTHERFORD.

[From MS. Records in Office of Secretary of State.]

Letter from the North Carolina Delegates in the Continental Con-
gress to the North Carolina Council of Safety.

Philadklphia, August 6"', 1776.
Gentlkmex,

We have this morning obtained an order upon the Continental
Magazine for half a Ton of Gunpowder for the use of the back
Inhabitants of North Carolina. A M' M'Dowell-an Inhabitant of

I2S COLONIAL RECORDS.

the County of Rowan being on his way home with a Waggon has
engaged to take in that quantity & proceed immediately to Sali.<l>ury
with it. We shall direct him to deliver it to General Rutherford, in
his Absence to M' INIatthew Lock, in case of both being absent to
ir Hugh iMontgomery. We are induced to this measure from
information which we have obtained that the Indians have fallen
upon the frontiers of The Colony & that our people are in the most
distressed and defenceless situation from the want of Ammunition.
We doubt not we shall meet your hearty approbation of this meas-
ure & beg leave to subscribe ourselves with Great Respect
Gentlemen, Your most Obed. Humble Servants,

W" HOOPER
JOSEPH HEWES,
JOHN PENN.

[From MS. Records in Office of Secretary of State.]

Letter from Richard Ellis to North Carolina Council of Safety.

Abstract of a Letter from Peter Knight Esq', dated Philadelpliia,
15"^ July, .1776:'

"Should you incline to have the Cannon etc" sold, could sell them

now to a profit ; expected you w* have said something about the sale

of them, as you cannot get them to your place ; but suppose you

mean to have them ly at the risque of your Province till winter,

and then perhaps send for them."

New Bern, 7'" Aug", 1776.
Deau Sir,

Above you have an abstract of a Letter from M' Kniglit concern-
ing Guns, Swivels, Ball ifec', &c^ ordered for the use of the Pennsyl-
vania Farmer and paid for at least as far as 200 Dollars w* go which
I remitted him in Bills, he never has advised me how much the
whole of the articles ordered cost ; I sliould be glad to have your
Directions whether to order him to Dispose of them on ace' of the
province or not. We have at last got in the way of running Bullets,
and this week will have as many as will do for the Brig. M' Leech
has been at the ]\Ian's works about IS miles uj) Trent 3 Days ago,
and says he saw him cast several, and after tliat Day he was in no
Doubts but he w'' run-JOO or more a Day; the Brig goes down to
morrow or next Day at farthest. This Day I purchased a small

COLONIAL RECORDS. 729

Sloop and not having procured either officers or men, beg you will
send me an order to ^P Sitgraves to let me have (on Complying with
the terms) one of the two Commissions h has in his possession as
she will be ready to sail by the time AP Neal returns — not a line
to be got in Town, I refer you to the Bearer M" Neal for news.
I am Sir yours and the Gentlemen of the Council's
Most ob' Humble Servant

RICff ELLIS.

[From MS. Records in Office of Skoretart of State.]

Letter from President Page of ^"irginia to the North Carolina Coun-
cil of Safety.

W"'BURG, August y' 1", 1776.
Sir,

^Ve have been endeavouring to make eveiy Preparation necessary
for the Indian Expedition, but before a single ]\Ian could march
from the Battalions below, or the Counties from which we had
ordered them out, the Cherokees & Creeks made an Irruption into
Fincastle County on Holstein murdered several Women et carried
off some children — upon which a Party of Militia 170 in Number
marched out in cjuest of the Savages & on the 20"" ulto fell in with
an equal Number of Indians whom they attacked & totally routed,
killing on the spot 13 without losing a man — Ave took a great num-
ber of Gun.s, & it is supposed that near half of them were killed or
wounded — as our men fought with great Calmness & Intrepidity.
The Attack was begun by our Scouts who fell in with the Indian's
Scouts, & beat them back, when the Ground being disadvantageous
to our Men they thought it best to retire to a breast work they had
thrown up not far from the Place; whilst they were on their way to
it, the Indian with their whole Force fell on our Rear which
bravely withstood their shock — our vrhole Force was soon drawn
out in a Line, & after an obstinate Engagement totally routed the
Enemy — I have given you an imperfect but true Account of this
Affair written with great haste that I may not detain the Express
who happened to be passing through this Town on his way to
Cha' Town. I could not refrain from doing this, as I could wish
that you would always lay hold in the same Manner of every oppor-

rSO COLONIAL RECORDS.

tunJty to forward to us any Intelligence you may think woi'th com-
municating— Excuse my Haste, & my not being able to be more
particular.

I am Sir with greatest Respect

Y' most obe^' h"' Ser'

JOHN PAGE.

P. S. We have certain Intelligence by a Person who made his
escape from the Cherokee Town that they were marching GOO Men
into our Frontiers (that the Party above mentioned was a Detach-
ment from that Army) that they had in the different Towns 2400
fighting Men — that the Creeks had joined & 15 Northern Tribes.

[From MS. Records in Office of Secretary ok State.]

Proceedings of the Safety Committee in Rowan County.

Rowan County.

In Committee 7"' Aug', 1776.

Wherea.s, Ambrose Mills now in tlie common Gaol of said county
has at sundry times expressed his incliiiation and by his cond-ict
appeared some time past active to induce the good people of this
country to take u[> Arms and co-operate with the Indians in subju-
gating these United States, therefore

Resolved, That the publick Gaoler in sail county do iinmediately
confine the said Ambrose Mills in the Criminals' Room in said Gaol.
And that the said Gaoler by all means in his power prevent the said
Mills corresponding with any person I'y letter or otherwise.

Signed by Order. W" SHARP, Secy.

[From MS. RiiCuRDS in Office of Seckktauy of State.]

Letter from the North Carolina Delegates in tlie Continental Con-
gress to the North Carolina Provincial Council.

Genti.kmkn:

Wc wrote 3'ou lately by tlie Post, informing you that we had sent
half a To!i of Gunpowder to the Western Inhabitants of North Car-
olina that they might not want, as far as it was in our power to pre-

COLONIAL RECORDS. 731

vent it, the means of defence against the Lidians. The Waggoners
have been detained here by some private business of their own till
now, but this day they propose to set off. You will be the best
Judges whether to order a guard for them thro' Guilford or any
other part of our Province, as their Route is by the upper Road,
which j\r Sharp & Alexander are well acquainted with.

" We send you inclosed a Copy of a letter which this day came to
Congress from General Washington. We tho' it interesting to you,
as it tends to free the Southern Colonics from the apjirehensions of
immediate injury, & will, from Clinton's removal, give them an
opportunitj- to provide for their defence in case of a Winter Cam-
paign again.st them. We must most earnestly importune you to
compleat the Continental Battalions. You will now have leisure to
recruit them, and in our next to you we hope in behalf of Congress
to hold forth such Encouragement as will make that Task very easy.
The circumstance of being comfortably, cloathed, for which we are
making all the provision we can, will no doubt weigh much with
men to enlist, tho' you will reiiaember the value of the Cloathing is
to be deducted from their pay."

The secure state of your Sea Coast at present gives your Board an
opportunity to direct all j'our attention against your Enemy Indians.
The gross infernal breach of faith which they have been guilty of
shuts them out from every pretension to mercy, and it is surely the
policy of the Southern Colonies (and justice to our fellow whites on
our Frontiers not only will vindicate but loudly demands such a
Conduct) to carry fire and Sword into the very bowels of their
country' and sink them so low that they may never be able again to
rise and disturb the peace of tlieir Neighbours. To extinguish the
very race of them and scarce to leave enough of existence to be a
vestige in proof that a Cherokee nation once was, Avould perhaps be
no more than the blood of our slaughtered countrymen might call
for. But Christianity, the dear Religion of peace & mercy, should
hold our conc^uering hands, & while we feel the resentment of Men,
We ought not to forget the duties of the Christian. Women and
Children are not a Conquest worthy the American Arms. Their
weakness disarms rage. May their blood never sully our triumphs.
But mercy to their Vf arriors is cruelty to ourselves.

AVe mean not to sport with their pains or to exercise wanton acts
of Cruelt}' upon them if the Chance of War should throw them
into our hands, but to exercise that manly and generous method of

732 COLONIAL RECORDS.

pursuing them to destruction wliich our own Customs & the Laws
of nations will vindicate. AVe have been large upon this subject, as
we have it much at heart to quiet the apprehensions of our Frontiers,
that we maj^ be able to oppose our Avhole strength to Clinton in the
Winter, who will then most certainly pa}'' us a visit.
We are Gentlemen with great Respect,

Your most Obed' Humble Servants,

W" HOOPER,
.JOSEPH HEWES,
JOHN PENN.
Philadelphia, August 7'^ 1776.

[Feom MS. Records in Office of Secretary op State.]

Letter from Colonel I'^lsome to the North Carolina Provincial

Council.

Head Quarters, Chatham Aug" 7"", 177(3.
INIr. President and Gentlemen,

You will see by the enclosed affidavit, I send you, the disposition
of the Tories in the several counties where I am derected to attend.
From the best Intelligence from every Quarter it is most certain they
wish for nothing more earnestly than an opportunity of making a
Head, and were not the strictest attention paid to all their motions,
I am persuaded numbers would fly to join the Indians, as it is their
professed declaration — and such is my present situation that I can-
not muster more than seventy five foot; Capt" Caldwell with his
thirty five men from the Salisbury Brigade, is returned, contrary to
my express command ; and now I have not one man from that
Brigade ; I take the liberty of requesting your derections on that
Head ; you will also inform me how and in what manner I shall be
supplied with Lead as I am realy in distress for that article not
having six balls a man, I must entreat you wou'd inform me in
what manner the Public Salt for the County of Cumberland is to
be secured and got and that you wou'd dcrect some Person there to
take it in charge. I wou'd humbly reconnnend Capt" John Walsh,
as T am abliged to attend the Troops in the different Counties.

I have taken the Liberty to raise twenty live men in Cumberland
under Cajit" John Walsh as a guard for the town of Cross Creek

COLONIAL RECORDS.

during the absence of the Troops. I sliou'd be glad of your appro-
bation and if you wou'd please to have them continued till my
return. A general monopoly of the salt in that County among the
different Commissaries will put it out of Mr Giffard's power (shou'd
this detachment be continued all winter or the major part thereof)
for providing for these Troops without your special Interposition and
Directions.

I am sorry I am under the disagreeable necessity of troubling you
again on the Head of an alteration of the Rations for tlie Light
Horse, when out in small parties thro' the country; 'tis morally
Imjiossible they can carry provisions and provender along with
them, nor can they purchase it when out, for ten pence p' day; by
the Return which I liave seen them make, I see they are obliged to
give eight pence per meal for every man, which if they eat twice a
day is six pence per day per man more than their allowance. I
humbly recommend this particular to j'our Honours consideration
and remain with all Respect your Honour's

Most Obediant Humble Serv' to Command,

EBE^ FOLSOME.

I refFer your Honours for a more [larticular account of things to
Mr Gitfard who will present this.

[B. P. R. O. Am. & W. IND.: No. Carolixa. No. 223.]

Letter from Governor ^Martin to Lord Germain.

Ox BOARD THE SoVEKEICJX TRANSPORT IN

THE NARROWS OF NeW YoRK LIaRBOUR

August 7'", 1776.
My Lord,

I have the honour to acquaint your Lordship that I arrived on
the 1" instant with General Clinton and his division of the Army at
this place where ? find all manner of preparation going forward for
the great scene that is lilcely to be opened on this theatre and which
I most fervently hope will soon close with all honour and glory to
the vigour and spirit and to the wisdom and magnanimity of
Britain's Councils.

I am to pray your Lordship's pardon for the omission of some
advices in my disj^atches from North Carolina which I ought to

r34 COLONIAL RECORDS.

liave transmitted earlier. The tirst -My Lord regards the institution
of a Court of Vice Admiralty in Cape Fear River in which in the
course of its proceedings took cognizance of prizes brought into that
port by the King's ships of War after the Act of Parliament pro-
hibiting all Trade with that Province and most of the other Con-
tinental Colonies became known there as well as of such as were
brought in previously to the declarat'on of that law but I am to
observe to your Lordship that most if not all of the condemnations
which j^assed were founded on breaches of former Acts of Trade.
The circumstances my Lord wliich led me to the measure of institut-
ing a Court of Vice Adniiralty at that period I flatter myself will
ju?>tify it to your Lordship however it may seem at first view to
militate against the intentions of the Act of Parliament before
alluded to.

When General Clinton arrived in North Carolina in March pro-
visions were extreemlj^ scarce on board the ships there. At this
time and soon afterwards no prohibition then known the Cruizers
brought in Sundry American Vessels loaded with Rice, Bread and
flour, etc. : all of whicli were locked up from use for want of some
legal mode of proceeding against them. The Captors urged me to
establish a Court of Vice Admiralty that their prizes might be
brought to trial. The Greneral saw it absolutelj'^ necessary that the
Cargoes should be distributed for the immediate support of the
ship's crews and the few soldiers who were there as well as the need
there would be of such supplies when the number of mouths should
increase by the arrival of the expected Armament from Ireland.
The prohihiting Act of Parliament arrived while these matters were
agitated ; I saw Mj' Lord tliat it contained no express restraint of
the jiowers vested in me as his Majesty's Governor of that Province
to coiistitute a Court of \"\ce Admiralty while it bore a manifest
intcT'diet to the Cajitors to bring tlicir prizes into the C'ourt of a
Colony of a discription too corresponding with the tlien state of
North Carolina. I represented this to the Captains of the King's
Sliips of War who acknowledg^cd they were forbi'd by the Act to
bring prizes into such Ports, alleging on the other iiand tliat if fol-
lowing the letter of the x^ct they were obliged to send their jirizes
to distant Ports whence tiiey might be tried, they should unman
tli( ir sliips and render them unfit for service, and that as they con-
lidciitly relied on the e.xpcilit'ucy and necessity of tlie ease for their
iudcnniilieation tlu'y wished to hazard the trial of their prizes in a

COLONIAL RECORDS.

Court of Vice Admiralty there. After m;iture consideration, being
clearly of opinion that the Act of Parliament did not restrain the
jurisdiction of the ^'ice Admiralty Court discerning no possible ill
consecjuences from the condemnation and sale of Prizes at that Port,
and seeing that the ends and objects of the Act of Parliament of
preventing succour going to the Rebels were fully answered while
the purchase of prizes and their Cargoes was necessarily confined to
his ^lajesty's Fleet and Army, I gave into the measure of erecting
a Court of ^'ice Admiralty and that relief wixs afforded bj' it in a
formal course of proceeding which necessity must otherwise have
compelled the Commander in Chief to take by the strong hand of
power.

]\ry next omission My Lord was the neglect formerly to notify to
your Lordship that with the approbation of General Clinton I hired
the ship Jenny, .John McNeil Master of three hundred and ten Tons
burthern for the reception and accommodation of a number of his
Majesty's firithfull subjects who fled to the Fleet in Cape Fear River
for protection and could not be otherwise provided for; of this cir-
cumstance My Lord I shall think it projier at the present oppor-
tunity to advise the Lords Commissioners of his Majesty's Treasury
and I shall humbly hope that my conduct in both these cases v\'ill
meet with your Lordships apiirobation.

My best infoi'matiou since the unfortunate check of the loyalists
in Xorth Carolina (of which I had the honoift- to give your Lordship
the minutest detail then in my power in ray dispatch No. J.) teaches
me to think their good purpose was frustrated at least by egregious
misconduct and that they would have made their way good even in
the small force they appeared if they had been conducted with a
little more prudence, the want of which cannot be enough lamented
more especially as expense to Government was incurred in the
course of that unlucky business.

I have now my Lord the sore mortification to find my family
inaccessible at only twenty miles distance but I trust the time is at
hand that will deliver them and me from misery, my share of which
abstracted of the circumstances of my family's distress in a sort of
Captivity that your Lordship will believe have not been a little
afflicting to me, I leave to your Lordship to compute after observ-
ing that I have now sj^ent nearly fourteen months on board divers
ships under every possible disadvantage and inconvenience.

I have the honor, &c.,

JO: MARTIN.

736 COLONIAL RECORDS.

[Froji MS. Records in Office of Secretary State.]

Letter from President Page of Mrginia to the North Carolina Coun-
cil of Safety.

L\ Council, W^sburg, Aug^' S'\ 1776.
Sir,

We are much obliged to you for so readily complying v.'ith our
Request to send 300 men to join our Forces, & are in great Hopes
that they will be fully sufficient to chastise the Savages, as our
Troops when joined by your's should amount to 1750.

We must also acknowledge the Obligation we are under to You
for sending 50 Bushels of Salt with your Detachment; that Quantity
with what we may be able to procure, will, we hope, be sufficient.

We thank You for the Intelligence Y''ou give us from Charles
Town, & think it not amiss to inform you, that as there was a
Report at New York, that Gen' Howe had sent a Re-inforcement to
Gen' Clinton, it is suspected that the Fleet is bound to N. Carolina
or Virginia, & not to New York as was supposed at Charles Town.

Lord Dunmorc, with his Fleet in two Divisions, has just left our
Capes; one of which steered to the Southward, the other with a fair
Wind to the Northward.

It gave us, Sir, great Concern, when we read that Part of your
Letter of the 30"' ult., inspecting your having apprehended sundry
Persons in this Commonwealth suspected of counterfeiting your
Paper Currencj' ; and it is with y° greatest Reluctance we even men-
tion tlie Subject, as it requires the utmost Delicacy in the handling
of it. The Steps you have taken have already produced great
Uneasiness & considerable Warmth in one I'art of our Country, a
Complaint having this moment been lodged with us on that Occasion.
We see. Sir, the Necessity of endeavouring to put a speedy Stop to
the pernicious Practice of counterfeiting our Paper (\uTencies, &
will exert every Power wi'th wliieh we are invested, to apprehend
any Persons concerned therein. But, we could wish upon all such
Occasions, that Application sliould be made to the Governor it
Council for Aiithority to apprehend the Olfenders; which we con-
sider as the only regular Mctliod, and as efficacious as that whicli
You have ado})ted. AVc know Jiot whether tlie Charge against the
Persons api)re]icnded is for what is supposed to have been done in
North Carolina, or in tliis Country; in the latter Case, we conceive

COLONIAL RECORDS. , 737

they could not be tried by your Laws, but ought to be sent here for
that Purpose. If that should be done, we wish to receive all the
Information which may be necessary for carrying on the Prosecution.

We shall, by no means, suffer anything j'ou have done thro' Zeal
for the common Good to excite any Jealousies in our Breasts to your
Prejudice, & hope the measures we now recommend will effectually
prevent all future LTneasiness in either Country.

We are highlj' obliged to You for sending us Shadrack Kenncr
brew's Deposition. Benjamin Woodward is removed to Dinwiddle
Jail, to be examined according to Law. Nothing can be got from
him wliich can be of any Use to you; but any Information we may
hereafter procure shall be sent j'ou.

I have the Honour to be,

Your most obedlServant,

JOHN PAGE, Presid'

(Signed by Order of Council.)

[From MS. Records in Office of Secretary of State.]

Letter from General Robert Howe to the North Carolina Council of
Safety.

Charles Town, 9'" August, 1776.
Sir,

I am honour'd with your favour of the 9"" July, and thank you
for those congratulations upon the success of oui"* arms, and for
those expressions of kindness to myself. The Event of the 28"" of
June has been much more decisive than we knew at the time I
wrote, many more of the Enemy kill'd and wounded & the damage
to the ships much greater. I will if I can obtain exact & par-
ticular accounts transmit them. The Declaration of Independence
this moment receiv'd by exj^ress from Congress gives the highest
satisfaction to every individual (a few Tories excepted ) in this Place,
permit me sir to congratulate your Hon'''° Board upon this occasion.
It is indeed important and teeming with Event, It calls for the Exer-
cise of eveiy Publick, every private Virtue; all private pique per-
sonal prejudice party animosity & opposition shou'd be forgotten,
for that wretch will be truly contemptible who suffers these to have
influence upon his conduct at this truly awful crisis, when union
VOL. X — 47

738 COLONIAL RECORDS.

alone can Effect the Glorious Establishment we are struggling for.
I must beg sir if your Council should not so frequently hear from
me as I should wish or they desire that they will not impute it to
neglect or disrespect. I feel every wish to communicate to them all
particulars worth their notice, and notliing but the want of time
and opportunity shall prevent it, but I am so continually employed
in the Duties of my occupation that I often have not begun to do-
many things Essential to my interest & jileasing to my iiTclination,
and they may be assur'd I feel no wish more strong than that of
serving & obliging them and that I consider it as an act of my
Duty. The Enemy have left this Port intirely. What a noble
opportunity for arrivals. God send in arms and ammunition for
we want tliem much. I am now under marching orders for Georgia
and am packing up accordingly. I shall transmit you an ace' of
my opperations there tho' I think they can not be very important.
I could be anxious upon this occasion if I gave way to it, but I
have long since Devoted my self to my Country, and therefore
liave suffer'd no private transaction however important or meutal
injoyment however dear to induce me to hesitate one moment
when brought in competition with my publick Duty, and amply
shall I be rewarded if in the end my friends in particular, & my
country in general shall approve of my conduct and do me the
justice to believe that I felt no desire so forcibly as that of con-
tributing by my Efforts to Effect the Glorious purpose for which we
are contending. I beg of you sir to ])resent my sincere compliments
to the Hon"' Council; may wisdom guide & success attend their
measures. Yom may probably not hear from me again till I arrive
at the southward.

I am s'r with great Respect

your most ob' Ser'

ROB' nowE.

r. S. I write in too much hurry and confusion to be accurate.

COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Letter from Enoch Ward to the North Carolina Council of Safety.

Beaufokt y° 9'" Aug^', 1776.
Sir,

The man whose Hou.se we have occupied as harracks grows
unea.sy for fear he should gett no pay and talks of takeing tlie House
which if he should the soldiers would be de.stitute of a place to
shelter themselves in. I shall be glad to know from your Hon*'^
Board what provision hath been made for quartering Troops, or
how far I may give encouragement to the owner of the house for
makeing him pay. I am Your Obed' Hum"' Serv'

ENOCH WARD.

[Fkoh MS. Records in Office of Secretary of State.]

Letter from Robert Williams to the North Carolina Council of Safety.

Salt Works Carteret County,

August the 9*, 177G.
In my last I acquaint* you how & when I laid v\'ater on the first
Salt works. Didorick Gibble is now scraping up of a little Salt that
is made en such parts of the beds as became bare. The water was
laid on the whole of the works from the river, but now the Brine
Pits and Salt pits are Greatly Saturated, to be ushered on the Salt
beds Gently this Evening. Please observe the first water was in its
Natural State, the earth Plank and Timber imbibing the best parti-
cles, so that I would not have attempted to keep the water down but
for Sample Sake and In liopes to satisfie the impatience of the Pub-
lic. In hopes yourselves and them will receive more agreeable ace"
as soon as time and season will admit. It seems as if my Second
work will be finished or in great forwardness the following week.
But as the people have got a report among theai I am to have no
more money, I am in great measure, nay . altogether responsible for
their wages, As the £500 is already & more expended. The weather
has been unfavourable and we have had two rains since I laid on
water. I am in great haste, tlio' as usual yours,

ROBERT WILLIAMS.

(40 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Letter from the North Carolina Delegates in the Coutinental Con-
gress to the North Carolina Council of Safety.

In Congress.

Resolved that the pay of the Regimental Surgeons be augmented
to thirty-three dollars and one-tliird of a dollar a month.

Resolved that a Chaplain be appointed to each Regiment in the
Continental armj' and their allowance be increased to thirty-three
dollars and one-third of a dollar a month.

Resolved that a Bounty of ten dollars be given to every non-com-
missioned officer and soldier who will enlist to serve for the term of
three years.

Extract from the Minutes. Ch.a.' Thomson, Sect'y.

Gentlemen,

The above Resolves being interesting to our Province we have
thought it our duty to send copies of the same duly authenticated.
We are with great Respect, Gentlemen,

Your most Obed. Hum. Serv",

W° HOOPER,
JOSEPH HEWES,
JOHN PENN.
August 9'", 1776.

[From MS. Records in Office of Secretary of State.

Letter from the North Carolina Delegates in the Continental Con-
gress to the Council of Safety.

Gentlemen:

We wrote you yesterday by express to Cxeneral Lee with dispatches
requesting his immediate return to the Eastern Colonics. A\'e then
mentioned to you that Congress in order to encourage the com-
pletion of the Continental Regiments had offered a considerable
bounty to all non commissioned officers & soldiers who would enlist
for the space of three years. Congress are deeply impressed with
the necessity of making enlistments if possible during the War, but

COLONIAL RECORDS. 741

at ail}' rate for the space of tliree years, as frequent enlistments pre-
vent soldiers ever becoming expert in discipline and often put it in
their power to quit their stations at a time when their services are
most necessary for the publick safety'. We recollect that our State
hath given a bounty of 40s. to every man who has engaged in the
Continental Reg" raised in N° Carolina. By way of economy and
to save that Bounty to the Colony in part by making it a continental
charge, We would propose that 5 dollars more be given to every
•non commissioned officer and soldier already enlisted who will
engage for the space of the War, & if that cannot be effected, /o;- a
limited time; We wish a longer at any rate than three years, tho'
that will come within the intention of Congress. Li increasing the
Reg" begun to their proper number the new Recruits will be entitled
to the 10 dollars bounty in case of the projiosed extension of time
in the enlistment. We imagine that this will operate to produce a
A'ery happy alteration in the state of our Carolina army, especially
as the Soldiers will in a short time receive decent and comfortable
Cloathing.

We ai e Gentlemen with great Respect,

Your obed' Humble Servants,

W" HOOPER,
JOSEPH HEWES,

JOHN PENN.
Philadelphia, Aug. 10'\ 1776.

[From MS. Records in Office op Secretary op State.]

Letter from John Hamilton to the North Carolina Council of
Safety.

Mr Millers August 10'^ 1776.
Honor'd Sir,

Uncertain where I may find your Honorable Board sitting, I begg
leave to transmitt an ace' against the Capt & Brigg William, still
due us, in order that you may be fully acquainted with our claim,
& that you may detain a sufficiencj^ of the money arising from the
sale to satisfy my demand, in case I am not present when M' Neale
makes a Return to j'our Board.

The Capt has never Enter'd a protest, which I have from under
Mr Davis's hand, I have also a certificate from Capt John Cowper

742 COLONIAL RECORDS.

& two more Capts, that the Vessell & Capt are liable to me for any
damages, a shipper may Receive on their property, so that I am
now intitled to my claim, M' Bcarron insists on my paying him
his commission, on which ace' I Iiope your honours will not suffer
me to be a looser, I shall waitt on you whenever I hear the place of
your destination, untill then, must again Sollicit j'ou, to detain the
Capt & Sailors claims, untill mine is assertain'd, which you may
even do without my being present. I have shewn M' Miller the Cer-
tificates, who will satisfy you, in Respect to their legalijty.
I Remain most Respectfully Honor'd Sir

Your most obed' Serv'

JN° HAMILTON.

The Capt & Brigantine William

To John Hamilton & Co.

For 1127 Gallons Molasses short delivered exclusive of

leakage £1C0 11 ._

275 bis Sugar 100s 13 15 -

75 scs Coffee 2s. Sd 10

Custom house fees 1-4 17 --

Mr Barron's Commission not allowed in last settlement- 12 IS 4

Cash i)aid a Sailor, omitted in last Settlement 1 4 __

Errors Excepted £221 5 4

JN» HAMILTON.
August 10'\ 1777.

'&■•

[From MS. Records in Office of Secuet.^ry of State.]

Letter from Colonel (-aswcllto tlie North Cai'olina Council of Safety.

11'" August, 1776.

SiK,

I had an order of Council of the 27"' ult", presented to me this day,
for payment of £1000 to Capt. John Easton as paymaster to Capts.
Anderson & Ward's Independant Companies on the Sea Coast; and
observed in the order by way of introduction, 'tis sayed, "Wliereas
there api>ears to have been no paymaster a])pointed to the Indepen-
dant Com])anies on the Sea Coast in this Colony." I apprehended
that the paymasters of the Militia in the different districts were to

COLONIAL RECORDS. 743

pay the Independent Companies in their respective Districts and
have accordingly paid to M' William Blount & M' James Council
two months' paj* of the four Comp^° stationed in their districts, which
I am persuaded the Council did not know at the time of M' Easton's
appointment and which I think it my duty to inform them of. I shall
be ever read}' to obey the orders of Council, but in this instance I
have delayed it 'till I have your further directions in the matter,
especially as the person sent for the Money waits on j'ou with other
Business. M' Jacob Blount set out with me on Thursday last in
expectation of waiting on the Council at Johnston but on the road
we were informed you had not left Halifax & we returned. He
intends to set out again and will be able, I imagine, to give you an
Acco' of the payment of the money or why it has not been all paid.
I shall set out for Llalifax in a few days or would do myself the
pleasure to wait on you.

I am with Compliments to the Council,

Sir, your most obedient Serv'

R. CASWELL.

[Froh jMS. Records ix Office of Secretary of State.]

Oath of Malcolm l\IcXeill and Joseph Smith.

We Malcolm McNeil and Joseph Smith do Solemnlj^ Swear on the
Holy Evangelists of Almighty God that we will not on any pretence
whatsoever take up or bear Arms against the Inhabitants of the
L'nited States of America and that we v\-ill not disclose or make
known any matters within our knowledge now carrying on witlrin
the L'nited States and that we will not carry out more than fifty
pounds of Gold & Sih'er equal in value to fifty pounds Carolina
Currency. So help us God.

MALCOLM McNeill,

Halifax, IS"' Aug', 1776. " JOSEPH SMITH.

[From MS. Records is Office of Secretary of State.]

Letter from General Ashe to the Council of Safety.

Camp at Wilmixgtox, Aug. 13'\ 1776.
Hon'''" Gentlemen,

Agreeable to youi's of the 8"" Ins' which I Received last evening.

744 COLONIAL RECORDS.

I dismissed the Brigade early this Morning & have Given IMarclung
Orders to the field Officers of the different Districts in Regard to
their March home. I have Likewise spoke to Gen' Moore in Respect
of the Barracks, he tells me that he has not as yet Received any
Orders in Respect to them. I could wish it might be given as
speedily as possible as I am apprehensave much of the Lumber
will be stole. Since my last to you I Received a letter from the
Committee of Bladen County informing of me of a Number of
deserters from the Regular Troops of this State, Tories & Other
Disaffected persons that had Collected themselves together & that
they were apprehensive of ill consequences attending if they were
not disperced. Upon the Receipt of this Letter I Ordered off a
Detachment from the Brigade of Two Companies, consisting of a
Hundred & Ten privates under the command of Col" Brown to
March into their Setlements and to apprehend them & to distroy
such as should Oppose them; but before he could reach them they
had killed Capt" Nathaniel Richardson late Member of Congress &
fired on Two Others ; the Purpetrators of this i\Iurder with a Num-
ber of others fled into the State of South Carolina, however he
Apprehended Several of them & Left them in the .Jaol of Bladen ;
five Deserters & Three of the most Notorious of the others he
Brought to head Quarters, the Deserters I delivered to Gen' Moore
& the others I ordered to be Carried to you with Two others sent
to you by General Moore by the Halifax Detachment under the
Command of Lieut. Col" Gee. I have Inclosed a Charge against
the Three. M' Stuart was apprehended by Order of the Committee
o£, War & Secrecy, M" Bowan was apprehended Near the Fort, liis
conduct is so well known by the Chairman of your board that I
Need not say any thing in Respect to him. I have likewise inclcsed
you the Determination of a Court of Enquiry & a Court Martial
Respecting Capt" Hill of the Detachment from the Edenton Brigade
with my order thereon Subject to your Determination. I am Gentle-
men with due Respect

Your Most Obd' & Very Hum*" Serv'

JOHN ASHE.

COLONIAL RECORDS. 745

[From MS. Records in Office of Secretary of State.]

Letter from .John Hamilton to the Council of Safety. ' '

August 14*, 1776.
Hoxour'd Sir,

I liave procur'd a certificate from Mr Davis of Newbern that Capt.
Drew never Entered a legall protest, likewise another from Capt.
John Cowper & other Gentlemen, that the Capt. & Vessel are liable
to me for any damage or loss sustained. As Capt. Neal will be with
you before I leave, begg can to transmit to your Honour my claim
against the vessell & Capt. & hope you will Gett it allowed. Should
you be att a loss, for the certificates I mention, (which on my Honour .
I have) I must entreat of you to detain the monej' clue to the Capt.
& Mariners with the overplus of the money arising from the sale of
the vessell, untill my Return from Guilford Court, where I am going
on some Bussiness of conseciuence, & will be att the Councill, T^Iou-
daj' or Tuesday week. I begg your Interest in this matter & believe
me to be with Great Esteem

Hono'Vd Sir Your Hum' Serv'

JX° HAMILTON.

N. B. iM"" Barron has wrote me also that whether I am allow'd
the Commission or not, that he expects me to pay it, I am convinced
will make me liable.

[From MS. Eecobds i\ Office of Secretary of State. J

Letter from Colonel Williamson to General Griffith Rutherford.

Camp at Keowee August 14'\ 1776.

SlE,

I yesterday evening returned to Camp, wliere I found your Express
by M' Avery, by whom I observe Cap' Hammond wrote you in answer
thereto, and also sent you a copy of a letter, I had wrote you some
days before. At my return to Camp, I found that by excessive
Rains, some of our flour was damaged, and that a great part of a
drove of Cattle had broke away to the settlements, from a party
that was bringing them from Long Canes to the Army. All the men
that have been out with me, are worn out witli y° great Fatigue, and

Ji6 COLONIAL RECORDS.

/

hardships of the march, a Journall of which, I herewith Inclose you.
The news contained therein I flatter myself, will prove agreeable to
you, and all our other friends. Had wc been in a situation of pro-
ceeding, we shou'd I find been about seven or Eight days earlier
than you, by which time we shou'd be short of provisions to proceed.
I have therefore resolved to move to Seneca, in order to refresh our
Horses with some fields of corn I had reserved for that purpose, and
get up a full supply of Provisions, and refresh n^y m- u for 15 days ;
as I wish to act in conjunction with you, I take the earliest opp^ to
inform you of this determination that you may order your move-
ments accordingly, and that wc mav enter the middle settlements in
one day if possible. I will move from Seneca on the 30* Instant,
the distance being seventy miles, and as I determine to march very
secure, always in order of Battle, it will be about tlie 9"" Septem'
that I propose entering the iniddle settlements at a Town called
Necasa. AVhere your Rout may bring you in I am at present unac-
Cjuainted. If you write me before our Junction, amongst other
things, shou'd be glad to know this. Desolation is spread over all
tlie lower towns, and I hope we shall thro' the divine assistance,
soon have the Valley and Middle Settlements in the same situation.
I have now about 1000 men I can depend upon and certain Intelli-
gence of 500 more, to be at Ninety-Six to morrow, on the way to join
me liere, from the Regiments 1)olow, also that a detachment of the
Second Regiment of Rifle Men, consisting of about 250 Men arc on
their marcli to join me.

I am S'' your Most 11'''= Serv'

A. WILLIAMSON.

P. S. On the G*" Instant I marched from my Camp about two
miles below tliis place with about Seven Hundred Chosen Men, to
surprise Cameron and the Indians who were said to be encami^ed at
Oconowie. When I arrived there, I found the Camp deserted. I
destroyed the Houses and corn that were there. I then proceeded
towards Toogola, where when I arrived I found the Houses all
burnt down on the other side of tlic River, but tlie corn and
all the Houses on this side standing, wliich I entirely cut down
and destroyed, and detached 100 men on Horse back who destroy*
anollicr place and the corn ttc. about six miles distance, and took
about 300 Raw deerskins, 'i'he O"" I marched for and destroyed the
corn at Estjitoe, having before sent olF Caji" Anderson and Pickens

COLONIAL RECORDS. 747

!o reconnoitre the Mountains near the River, who returned and
informed me that they had seen several Indians, On botli sides the
River, on tlie Hills. I marched at 5 O'Clock next morning, and in
fording the River, about a Mile Above where I encamped, the front
being advanced about half way over, was fired upon by a considera-
ble body of white men & Indians who had taken advantage of the
ground along the Riverside and on a high hill, which commanded
the ford and Landing place. Being but a few men they retreated
to the bank where they returned the fire with sjiirit, and a Gen' fi.re
now ensued on both sides. The River, winch is here about 40 Yards
wide, being betwixt the two parties, I ordered out a party to pro-
ceed up the River about half a mile in order to endeavour to cross
there and take them behind, but found it Impracticable, the Enemy
having secured every point. I then ordered a strong party on a Hill
which commanded an Open field and part of the Hill on the other
side, and had the Indian canoes brought over the River, in which
about 220 men crossed the River about 2 in the afternoon, which the
enemy perceiving c|uitted the ground and left _ me in possession
thereof, where I found nothing but some marks of Blood. I do not
know the number of killed and wounded of the Enemy. On mj'
side one Lieu' and 4 privates are wounded, but none of them danger-
ously. _ I had the Houses and corn here also burnt and destroyed,
and encamped on a convenient spott till the next morning the 11*
when I marched and burnt and destroyed the Houses and corn on
Brasstown Creek. Here I encamped. The 12"' I proceeded about
12 miles to Tomassie where I found a large quantity of corn and
detached Cap' Pickens w"' 60 men to reconnoitre the Hills, when
about three in the afternoon they discovered a spy from y° Enemy,
on whom they fired, and followed, and after running some small
distance about 35 of them engaged a large number of the Enemy.
On hearing of the firing at Tomassie I immediately hurried to their
assistance w"' about One hundred & Fifty Men, and came upon tlicir
back about a mile from Tomassie, when a sharp firing ensued, which
lasted about an Hour and a quarter, when the Enemy gave way
with considerable loss, ' Sixteen dead bodies being found, in about
the space of 150 Yards whom our people scalped. -They were
so nearly Engaged that three of the Indians were killed by our peo-
ple with their corn knives & Tomahawks. From apparent circum-
stances I cannot think there could be less than 60 Indians killed and
wounded in this affair. We had one man killed and 15 wounded 3

748 COLONIAL RECORDS.

of which since dead, & the rest in a fair way to do well. Here I
Incamped for the night and the next day IS"" reached this Camp
late in the evening. A. W.

[FROii MS. Records in Office of Secretary of State.]

Letter from Colonel Christian, Commander-in-Chief of the '\"irginia
Troops, to the Commander of the South Carolina Troops.

Botetourt County, Virginia,

August the 15^ 1776.
Sir:

Since the Cherokee Indians commenced hostilities on the people
of Fincastle county, I have been ajapointed Commander in chief of
the Expidition to be carried on against them from Virginia. The
President informs me that the plan is, for the Virginia Troops with
the assistance of Forces from North Carolina to march against the
Overhill towns ; while at the same time the South Carolina Trooj^s
are to attack the lower Towns. I am directed to endeavour to cor-
respond Avith you, and co-operate with you by making ni_v attack as
near the time of yours as may be; but not having heard what for-
wardness the Army in South Carolina is in, I think it best to send
an Express to you, in order to acquaint you how matters are here,
and to have an opportunity of hearing with certainty from you.

The army I am to command will Rendevous at or near the great
Island on Holston's river the 20"' of September. The Island is 130
m'iles from the Towns, and if all haj)pens well Avith me, it is i)roba-
ble I may be able to attack them betwixt the 10"' and 15"' of Octo-
ber. But should you be able to make your attack sooner, I would
endeavour to hurry, in order to co-operate with you the more
effectually.

Would it not answer well for you to send a messenger witli the
bearer, that I maj' answer any particulars you wish to be acquainted
with, that may not now occur to me, or that are not now known?

The Indians have killed twenty of our people at different jdaces
by attacking small parties & helpless families. Our militia have
killed twenty-five of their men, without the loss of one on our side.
The last accounts -we have here from New York are that General
Howe had landed about twentv thousand men on Staten Island in

COLONIAL RECORDS. 749

Jersey, and that General Washington was collecting a much more
considerable Arm3^

I wish }'ou success, and am Sir

Your Obedient humble Servant,

AVILLIAM CHRISTLVN.

[Feom MS. Records in Office of Secretary of State.]

Letter from Elisha Battle to North Carolina Council of Safety.

Edgecombe, In Committee, August 16* 1776.
Gentlemen,

We have try'd David Smith for passing Counterfeit money, but
not proof sufficient appearing to committ him; have therefore agree-
able to the advice of Mr Rand, sent him to you for further examin-
ation.

The inclosed bill of five dollars is the money on which the said
Smith was convicted & has sworn that he received the same of a
certain David Craig of Salisberry.

I am Gent" y' Humb Serv'

ELISHA BATTLE, C. D. C.
Signed by order of the Committee.

[From MS. Records in Office of Secretary of State.]

Letter from James Hunter, prisoner of war to the Nortli Carolina

Council of Safety,

Martinbokough, August 17*, 1776.
Cornelius Harnett, Esq"
Sir,

It is with infinite concern I can assure you of the great uneasiness
it gives me; having incuri-'' the disspleasure of the Honble tlie
Council, so far, as to be confined to the narrow Limitts of tliis town,
deprived of all Company, and the liberties allowed to other Pris-
oners. It is with truth Sir I can assure you, that in whatever light
my behaviour has been represented; that it never was my intention
to be of the least hurt to the cause while a Prisoner and if any

750 COLONIAL RECORDS.

unguarded Expressions escaped me since my Confinement, I prom-
ise for- the future to be more on my Guard; and could wish to be
removed to some more agreeable Situation; or have my Limitts
extended here; although I could earnestly wish to be reinstated
among my fellow prisoners whose Company I could enjoy. Pray
excuse the freedom of a Stranger who has no other view than a
more extensive Liberty and to remain

With every respect your most obed' Serv'

JOHN HUNTER, Jun^

[From MS. Records in Office of Sicuetary of State.]

Letter from Gideon Lamb to Colonel Richard Cogdell.

■ Wilmington, IS"" Aug", 177G.
Sir,

• Having nothing meterial to inform you of except An Ligagement
between the South Carolina Troops and Lidians in Chief we have
succeaded with the loss of one Cap'" and Two privates — the N° of
Indians kill'^ is yet unknown, tho' we have totally dcfetcd 'cm there
and Burn'' up Two or three Indian Towns.

I have Rec'' a letter or T^\'o from my Little Sun Abner wliich I
do not Rightly Underst''. If you find him Gilty of any thing that
Deserves Correction I hope you'll not omitt it. I hope and desire
you'll Use the same Authority over him that you would with your
Owne — and if you find anytliing meterily Amiss in him I shall be
obliged of you to Inform me of it. I am Dear Sir with very best
wishes to yourself, spouse and family,

Y' M" Obedient Ilnm"' Serv',

GIDEON LAMB.
To Col° Cogdell.

P. S. If Abner should have A fancy to Come to see me ypu please
furnish him with a Trifle for his Expences and suffer to Come — if
he will Undertake to Come afoot — but by no means Suffer him to
go to Pasquotank. G. L.

COLONIAL RECORDS.

[From MS. Records in Office op Skcretary of State-.

Letter from Colonel William Christian, Commander in Chief of the
AMrginia Forces against the Cherokees, to Cien' Griffith Rutherford.

Botetourt County, Virginia,

August 18'", 1776.
Sir,

The Lieutenant Governor and Council of Virginia, have heen
pleased to Order me to take the Command of the Forces that are to
March against the Overhill Cherokees; therefore your letter of the
5"" of this month is this moment delivered to me. On the 15'"
Instant I wrote a letter to the commanding officer of the three hun-
dred men of your District that are to join me. I also wrote to the
Commanding officer of the South Carolina army. The Express I
gave the letters to, I am just told has not yet left his own house
which is about 2.3 miles from me on the way to Carolina so tliat I
will send after him and desire him to take this, to you.

It was not, until I received your letter that I understood the
Cherokees were to be attacked at three different places; indeed I was
doubtful tliat the way from North Carolina to the A'alley Towns
was so Mountainous and rugged that it could not be well done that
way. But good men can surmount all difficulties, and the Plan is
undoubtedly an excellent one.

The letter, tlie Express h.as for the Commanding Officer in South
Carolina, you will be pleased to open, and send it forward, or not as
you may think necessary. I should think that the Express had
better return from you to me, as you can no doubt give me any
intelligence necessary respecting the South Carolina Army. I sliall
desire the Express to call on Lieutenant Colonel Williams, as he
sroes to vou from wliom T wish to know how soon he can be in Fin-
castle county.

Tlie number of etfective men alloted to be under my command,
are 1450 besides those from Your Province. They are now gather-
ing with all possible disjiatch and will begin to march in less than
two weeks from the different counties'in whicli they are to be rai.sed.
I have appointed the General Rendezvous to be held at the Big-
Island on Holston's river on the 20'" day of September. The Island
is in the Enemy's country & within 130 miles of the principial Over-

752 COLONIAL RECORDS.

hill Towns. I shall endeavour to march in a day or two after the
Rendezvous, and loose no time afterwards, but hurry on as cjuick as
possible. I hope to take with .me Fifty days provisions. The flour
I will have in Waggons, and will open a Waggon road as I go.
When I wrote on the IS"" Instant to South Carolina I imagined that
It would be betwixt the 10"" and lo*"" of October before I could be
at the Towns. But now I conclude I in ay be there about the o"". I
have no doubt of marching ten miles each day. I know of notliing
that can delay me except repeated Skirmishes, or Broad river, its
being high.

I am now near the Centre of the Countrj' which will furnish the
provisions & men for the Expedition, therefore I shall wait here; if
nothing new occurs, about ten days longer and then begin to move
towards the place of Rendezvous which is 190 miles from hence; in
order to be there Eight or ten days before hand.

After the bearer returns; Should you think it necessarv to send
to me again in a short time it will be best to direct your messenger
to come by Fort Chiswell in Fincastle county, at which place he
may be informed where I shall be. Would it not be well for us to
keei^ messengers constantly passing & repassing, as manj^ unforeseen
events may happen to either of us ; necessary to be known by the
other. Will it be possible for you Sir to proceed to the Overhill
Towns after you drive off the Valley people, or will the South Caro-
lina Army do it, or is it intended that either shall?

I shall think my self happy in Cooperating with you, or any
other of the United States, for the Interest of them, or either of
them. And I know that the State whose Servant I have the honour
to be, will rejoice at our harmony and uiianimity. May We then
go on with speed and success to crush our Savage Enemies;
and in a short time be ready to turn our Victorious Arms to meet
their more than Savage abettors, where ever they may appear to dis-
turb the repose of our American Brethren.

From the last accounts, I have had from the Northward, nothing
considerable has happened, but as Gen' Howe was in Staten Island
with odds of twenty thousand men it is probable that some Manuevre
will soon be made bj' him or-Cieneral AVashington.
I am Sir Your most Obedient

And most humble Servant

WILLIAM CHRISTIAN.

COLONIAL RECORDS. 753

[Frou MS. Records in Office of Secretary of State.]

Letter from Joseph Hughes, Prisoner of "\Var, to the Xorth Carolina
Council of Safety.

Charlot, Meckliuburo-h, Aug' 20'^ 177G.
Gextlemex,

Agreeable to Order of the Congress I have confined myself to
Chariot and Mecklingberg. I find it very inconvenient to get a
House in this place to get mj- Family in, and beg the favour of the
Honourable Councill to be indulged, and be Confined in Salsbury
or the County, as I will give anj^ assurance in my Power that I
never will Act or do any thing to the Prejudice, Injury, or Interest
of the Country for the future, and Hope the Honb'° Councill will
be kind enough to Order me removed to Roan or Salsbury, which
will make it much easier and Convenient for my distressed Family.
I remain with all due respect. Gentlemen,

Your Obed' Humb' Serv',

JOS: HUGHES.

[From MS. Records in Office of Secretary of State.]

Roll of Officers and Private Soldiers Detached from the first or
Southern Battallion of the Alilitia of the County of Orange to
March against the Hostile Indians under the Command of Col"
Ambrose Ramsey.

Major — Hugh Tinnian.

Captains — William Williams, William Murray.

Lieutenant — Joseph Thompson, Peter O'Neal.

Ensigns — Edward Gwin, Elias Powel.

Serg"" of Cap'" ^lurray's Company — John ]\Iurray, Rob' Powel.

Corporals do — Geo. Holt, John Williams.

Drummer do — Jacob Albright.

RANK AND FILE.

Hugh Mulhulum Morris Richards

Joseph Thompson John Pogue

AVilliam Car William Graves
VOL. X — 48

(54

COLONIAL RECORDS.

James Car
Walter Ellis
Robert Paysly
Amariah Reives
John Abbot
John Stroud
Ricli'^ Williams
Robert Mains
Andr''' Hopkins
William Hawkins
Aquilla Dulohoide
William Rayny
John Logue
James M°Call
Howal Harwood
Major May
Cliarles Williams
Arnold Bruce
John Pariis
Hezekiah Pindum

John Pugh
Anthony Godfree
James Godfree
John Allison
Solomon Swift
Frederick Davis
Thomas Flemming
Thomas Minor
Richard Webb
Charles M'Clurg
John M°Adams
Arch'* iMahon
Dan' Hoffman
William Thrift
Isaac Easthen
Jesse George
David Horton
Nowel j\lum
Stephen Seagraves •
Thomas May.

[Fbom MS. Records in Office of Secretary of State.]

Letter from the North Carolina Delegates in the Continental Con-
gress to the North Carolina Council of Safety.

Gentlemen :

You will receive by the five Waggons which accompany this 4
tons of Gunpowder and several other articles which, in obedience to
your orders, we have procured for the use of the State of North Car-
olina. The inclosed will show the particulars with which the Wag-
gons go charged, & what remains still to perfect what by your last
letters you gave in connnand to your delegates. The Catridge paper,
the jiamjihlets upon the making of Salt are ready it will be sent off
by ^^'aggons which will follow the.se in a few days.

We find great difficulty in procuring Salt pans. We flatter our-
selves however that we shall be able to effect that important jmrpose,
tho' not so speedily as we could wish and the circumstances of our
State seem to require. We have applied for directions as to the size,
shape and quality of those made use of in Shrewsbury, and Imve

COLONIAL RECORDS. 755

obtained such information as will put it in the powei' of the Black-
smiths here to make agreeable to the specimen, as soon as rolled
plates can be procured for them to work upon. As the mechanicks
belonging to this City are chiefly in the Jersies at pi'esent, a delay
will be unavoidable, tho' the Council may be assured that their del-
egates will use their utmost endeavours to expedite this measure and
answer the wishes of the Council of Safety.

We anxiously expect to hear from you & to receive any other
Commands which you may have for. Gentlemen,

Your Obe' Humble Serv"

WILL. HOOPER,
JOSEPH HEWES,
•JOHN PENN.
Philadelphia, August 20'", 177G.

P. S. — The five Waggons & Horses are purchased on the account
of the Province and are put under the direction of Henry Hinckle,
Waggon Master, who is to receive wages at the rate of Five pounds
Ten Shillings per Month till he returns, allowing one day for every
twenty-five Miles after he is discharged in Carolina to retui'n home.
The other Waggoners are to have four pounds '^ month in like
manner. All of them are paid up to this day. They have agreed
to take the Waggons to any part of the Province that you may
direct and deliver them to such persons as you may order to receive
them. A guard, by order of Congress, accompanies the Waggons.

An Account of Packages sent in the Five Waggons to North Caro-
lina.

Twenfy-nine Barrels & six half Barrels containing Powder as fol-
lows :

4048 ibs Musket Powder in 10 Barrels, numbered l(rt)16.
2916 lbs Cannon ditto in 12 ditto 17(5}28.

243 fts Pistol ditto in 1 ditto 29.

794 ibs Fine ditto in 0 iialf barrels, N° 13, 14, 15, 21, 22, 31.

8001 fts.

756 COLONIAL HECORDS.

Five Boxes directed for the Honble the Council of Safety, contain-
ing as follows :

144 Setts of Simes's IMilitary guide, 2 Vol. each.

24 New System of I\Iilitary Discipline.

24 Witherspoon's Sermons.

32 Van Sweeten's & Jones's Cures for Armies.

4S Principles of the English Constitution (Pamphlet).

24 Rheams of Writing Paper.

2 Boxes weighing 311 lbs., directed for Willie Jones Esq.

3 ditto ditto 556 ftis., directed for Joseph Hewes to the care
of Willie Jones, Esq'.

Philad^ 20'" Aug., 1776.

N. B. — A particular Invoice of the whole shall be sent as soon as
the Bills can be collected for the Waggons, Horses, &c , &c.

This may Certify that we the Subscribers have agreed with Henry
Hinckle and the other Waggoners going with him to North Caro-
lina that they are not to be detained in the Service after the Wag-
gons get to the place of destination unless they or any of them
shall chuse to continufe therein for a longer time. Given under our
hands at Philadelphia the 2P' of August 1776.

WILL. HOOPER,
JOSEPH HEWES,
JOHN PENN.

Received of William Hooper, Joseph Hewes & John Penn Esquires

Twenty nine Barrels and Six half Barrels containing Powder Five

Boxes directed for the Honble the Council of Safety of North Caro- _

lina, Two Boxes directed for Willie Jones Esq"' and Tliree Boxes

directed for Joseph Hewes all which articles together with Five

Waggons four horses to each Waggon with all the anicles thereto

appertaining I Promise to deliver to the Honble the Council of

Safety of North Carolina at the Town of Halifax or such other

place as that board shall direct (Accidents excepted) for uliich I

have signed Two receipts of the same tenor & date. AVitness my Juind

in Philadelphia the 20'^ 1776.

HENRY IlINKLE.

Witness present

Jacob Hiltzheimer.

COLONIAL RECORDS. 757

Rec" at Philad'* the 20"" of Aug' 1776 of Jacob Hiltzheimer
Seventy five pounds for the use of Purchasing Provisions for the
within j\Ieutioned "Waggoners & Horses from here to North CaroUna
for which I have signed two Receipts of the same Tenor & Date.

Witness my Hand

£75 HENRY PUNKLE.

[From MS. Eecoeds in Office of Secretary of State.]

Letter from Micajah Bullock to Colonel Folsome.

CHATHAjr, John Pyles, Aug'' 21^', 1776".
Dear Sir,

You are not uninformed of the dispute that arises between the
paymaster, the Officers, and the Private Men in your Detatchment,
about the Time that the several days of Commencement of their
Pay; whether, among the Officers, from the day they began to
enlist, the flay they marched, or the date of their Commissions?
Among the men, whetlier from the day they enlisted, the day they
marched, or the day they joined the Company? You will be
pleased to have the Opinion of the Honorable Council of Safety on
the above; for till the day is fixed it is but barely possible that the
pay Role should be made out right ; and the determination of that
Body will not only fix the point with the paymaster, but quiet the
Minds of the Men — as a pay Role can not be regularly made out
and the paymaster will not settle without. I could also wish you
wou'd have their Honors Opinion who the said Role must be cer-
tified by, whether by the Captains alone, or yourself, or by the
several Colonels from which the Companies are drawn? as you
know some of the Companies are made out of two Counties, and
were under three Colonels.

I am Sir your most Hum'' Ser'

MICAJAH BULLOCK.

758 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Letter from James Hepburn, prisoner of war, to the North CaroHna

Council of Safety.

Chaklote, 21" August, 1776.
Sir,

I took the liberty of writing you some time agoe, praying an
extension of my limits — and again hearing your Hon'" body pro-
poses sitting soon in Sallsberry, I take the liberty to acquaint 3'ou of
the difficulties I labour under in procuring lodgings for myself
and family — It has been with dificulty, that I have procured a
small apartment where I now live, and which I must soon relin-
quish — I would therefore request permission to remove to Salls-
berrj' where I am told lodgings may be easily procured — Coll°
Salter who does me the honnour of carrying this letter can acquaint
you full}' of my situation.

I have tlie honnour to be with much Esteem

Your most ob. hu. Serv'

JAS. HEPBURN.

[From MS. Records in Office of Secretary St.vte.]

Letter from President Rutlcdge of South Carolina to tlie North
Carolina Council of Safety.

Sir,

By the last Accounts from the Cherokee-Nation, We hear, that
Col. Williamson had destroyed five of the lower Towns, & all their
Corn in the Fields adjoining them, where they had plentiful Crojis,
& about the 7"" Instant was on his March to other Towns higher up
the Country. I wish j^ou would give orders to Gen' Rutherford to
proceed with the utmost Expedition. I am afraid if his March is
delayed, for any Time, the Indians of the Middle & ^'alley Settle-
ments will go to & join those of the over-Hills, and tliat the Virgin-
ians will, in such Case, find it much more diflicult to act against
these People than they expect, or than tliey would, if the Middle &
Valley Settlements first feel the Effect of your Arms. I write, by
this Express, to Virginia, pressing S2)eedy & sufficient Reinforcements
to the Troojis which thej^ have ordered against the over-IIills. Mr

COLONIAL RECORDS.

759

Galphin, one^of the Continental Indian Commissioners, in his Letter
to me, dated in Georgia, the 10"" Instant, says, there is the greatest
reason to apprehend that the Creeks will not join the Cherokees.
They had rejected their Invitation to join them, in Consequence of a
Talk which Gali)hin had sent to the Creek Nation. Gen' Lee is gone
to Georgia with Gen' Howe, to make the necessary Arrangements for
an Expedition into East Florida for breaking up the Settlements in
that Province. Should this ct the Expedition against the Cherokees
succeed, I hope it will keep the Creeks quiet.

I am Sir Y^ obed' & very h"'' Serv'

J. RUTLEDGE.
Cha^ Town, S" Carolina, August 21'', 1776.

[From MS. Records in Office of Secretary of St.\te.]

List of Members of Captain AVilliams's Company of the Orange
Militia.

1. Captain Williams.

1. Jn" Griffy

2. Ja' Allison

3. Andrew M'Broom

4. Tho" Curtess

5. Jn° Clark

0. Ja' Rutherford

7. Jn° Rutherford

8. David Pinkerton

9. Ja' M'Callister

10. W" Woods

11. W" Clinton

12. Ja' Clark

13. Ju" Baker

14. Jn" Disharoon

15. W" Clenny

16. Benj" Jones

17. Dan' xVndrew

18. Abjah ^lassey

19. Xath' Newman

20. Elijah Green

21. John Rhodes

22. Josliua Horn

23. W" Rliodes

24. Ja' Turner

25. Sam' Chissenhall

26. Henry Wood

27. Isaac Forrest

28. Rich" Nichols

29. Beverlj' Pirkinson

30. Jeromiah Harris

31. Ju° Strayhorn

32. Jn° Ges.s

33. Aquilla Rhodes

34. Abraham Nelson

35. Jn° Wilkinson

36. Sam' Aken

37. W" Talbie

38. Ja= ]\PCulloch

39. Ja' Hartt

40. And" Reed

760 COLONIAL RECORDS.

4L Tho' Baker 46. W" Jones

42. Hugh Currothers 47. John Parton

43. Jn" Gee 48. Ju° M'Bride

44. Ju° Mitchel 49. Ju° Minnis

45. George Hightower 50. The" Cappor

North Carolina \
Orange County. J

This day came Wilham WiUiams Captain of the Orange Militia
and made oath before me, one of the members of the Committee,
that tlie within is a just and true list of his Company mustered this
day —

Which is attested by JAMES HOGG.

The foregoing is a list lodged with me at Hillsborough by Cap'
Williams of Col" Butler's Batallion. THO' PERSON,'^B' G'.

22"" August, 1770.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Rowan County.

Salisbury, 22" Aug', 1776.

Present, Three Members of the Town Com: and Three of the
County.

"Whereas by a Resolve of the County Committee dated the 7"'
Instant, Ambrose Mills was to be confined in the Criminals' room
in the Common Gaol — And it now appearing that the said Mills is
in a ver}^ low state of health so that by so close confinement his life
may be much endangered, It is therefore the opinion of the said
Members of Committee that the Gaoler ought & is hereby required
to admit the said Ambrose Mills to any part in said Gaol, at least
untill his health is recovered and there safely kept luitill farther
order is made thereon.

W" SHARP, Sec^ County Com.
AND" NEWMAN, C"" f. C.

COLONIAL RECORDS. 761

[From MS. Records in Office of Secretary of St.4.te ]

Letter from the Safety Committee in Guilford County to the North

Carolina Council of Safety.

Guilford County, 23'' August, 1776.
Sir:

The Committee of this County have past a resolve appointing a
Company of light horse to scout and apprehend those that are dis-
affected to the Common Cause & for the express purpose of Inforcing
the resolves of Congress and dispersing meetings or Imbodying of
the Torys, in Consequence of which several disaffected persons have
been brought before that bord, some of whom have been reciuired
to give an Inventory of their Estates. Several have refused to com-
ply with this requisition, in Consequence of which and in Compli-
ance of a resolve of your bord the Committee have ordered them
into Costody, to be sent to the Council. Against Eliott & Wood-
ward nothing very criminal appears to amount to more than a sus-
picion, on which we are to require an Inventory, & which is refused
by those two men, as they say on religious principals. In Justice to
those two men and two others, Wilson & Julian, I have to say that
during the time of their Confinement, about two weeks, they have
behaved themselves very orderly. They will best inform you what
Indulgence they have mett with. They have been Extreemly
punctual to their words &c.

I woud Just observe that there has been some discontent on
appointing of the Company aforesaid, altho' I must observe they
only embody at the particular Instance of the Committee and under
their Controul, and by no means any power to Act at their own dis-
cretion, notwithstanding the Committee woud by no means streach
their power beyond the bounds intended them. I shoud therefore,
on behalf of the Committee in general and myself in particular, as
a ^Member of that body, be greatly obliged that you woud take the
Matter into Consideration and IMark out to us the particular line by
which we are to Act, and signify your sense of the proceedings
respecting the Company aforesaid. At the same time it is my
opinion that something is absolutely necessary to be done to keep
this refractory spirit within peaceable bounds.

The Committee have ordered James Hunter into Costody & to be
sent to vour bord, & I am Just informed that he has set out with a

762 COLONIAL RECORDS.

jjetition to the Council, signed by some of the ^Members of Committee.
Tliis paper (if he has any) I am to inform you has not been laid
before the Committee, therefore could receive no sanction from that
bord. At the time the Committee resolved to raise a Company, it
appeared that the Tories intended to Imbody. Several letters and
reports Certify this. M' Tho' Jenkins, who waits on you with this,
can give farther light into this affair, to whom I refer j'ou. I must
beg pardon for troubling you with those hints, and ask leave to sub-
scribe myself Y' very Hble Serv',

WILL. DENT.

Guilford County, 23'' August, 1770.

To THE HOXOR.-VBLE CoUN'CIL OF SAFETY,

We herewith send you the bodies of Jacob Elliot, & Abraham
\\"oodward, who was required to give an Inventorj' of their Estates,
which they refused — Also Remy Julian as an Enemy to the Com-
mon (.'ause M'as in both Camps, and declares he would on the Same
Occasion take up arms for the defence of the King. Also James
Wilson who has been before us a Second time ; he was a Member of
that Committee which modeled Governor Martin's proclamation,
fitted it for Signing & jiroposed it to the people to Sign; he Charged
this Committee with Acting Arbitrary, he refused to give up his
Arms. The above Charge against said Willson was Sworn to before
this Committee. James Walker confeseth that he was in the Com-
pany that plundered & rob"* William Dent etc., and in Fields'
Camp. William Draper, who (by resolve of Congress was destined
to Bartee County, and neglected to Comply therewith.) John L'''nder-
hill was required to give an Inventory which he refused.

Signed by ordei' of Committee

SAM' BELL, C. M.

To Cap' Tho' Jenkins, of the Guard.

[B. P. R. O. Am. & W. IND. Vol. 280.]

Letter from John Stuart, Indian Agent, &c., to Lord Germain.

Pensacola 23"' August 1776.
My Lord,

A Great number of Families wishing to avoid the calamities of a
rancorous Civil War have migrated from the different Provinces to

COLONIAL RECORDS. 703

seek bread and peace in tliose remote deserts and a very extensive
and populous settlement is made upon Lands pretended to have
been purchased by one Henderson a Lawyer from South Carolina
situated between Holstein River and the Ohio. Similar Settlements
have been made upon Watoga and Llolstein's Rivers of many hun-
dred Families all which are beyond the Boundary Lines stipulated
by Treaties. M' Cameron endeavoured to cj^uiet the minds of the
Indians upon account of these encroachments by assurances that as
soon as peace should take place Justice should be -done them but
they became exceedingly alarmed by seeing a Row of stockaded
Forts 15 miles distant from each other erected by the Rebels along
their Frontiers and at a small distance from their Towns. They
saw tlie back Inhabitants in Rebellion and everywhere in arms, the
friends of Govermnent distressed disarmed and drawn from their
houses many of whom were pursued by the Rebells into tlieir Towns
w'hither they had fled for shelter and protection. The Indians at last
flew to arms attacked, killed and took prisoners many of the pursu-
ing parties. Altho' j\P Cameron was in constant danger of assassina-
tion and the Indians were threatened with invasion should they
dai'e to protect him, Yet still he found means to prevent their fall-
ing upon the settlement.

I am, &c.,
JOHN STUART.

[B. P. R. O. Am. & W. IXD. Vol. 280.]

The Deputj^ Superintendant Mr Henry Stuart's Account of his

Proceedings with the Cherokee Indians about going against the

whites.

Pexsacola, 25"' Aug", 1776.

As the Cherokees have gone against the back Settlers of Caro-
lina and Virginia I think it incumbent upon me to give you a
detail upon my Transactions and of M' Cameron and of the Occur-
rences in their Nation while I was among them.

About two days after my arrival in West Florida with the
Ammunition which I brought from S' Augustine to supply the
Cherokee and Creek Nations I was informed of the arrival of Chin-
canacina a Leader of the Cherokees at Mobille. I thought this a

764 COLONIAL RECORDS.

very fortunate circumstance as we had not beard from their Nation
for many mouths and as we were at that time entire!}' ignorant
of the situation of aflairs among them. I immediately set out for
jSIobille that I might have some conversation with liim and I found
on mj' arrival that his only Business was to enr|^uire into the cause
of the present quarrel and disorders in the Colonies and the Reason
why their supplies of Ammunition and goods (which were formerly
brought from Georgia and Carolina) were stopt. He told me that their
Nation was under very great ai)prehensions and uneasiness and
complained much of the encroachments of the Virginians and
Lihabitants of North Carolina; he said that they were almost sur-
rounded by the White People, that they had but a small spot of
ground left for them to stand upon and that it seemed to be the
Intention of the White People to destroy them from being a people.
I endeavoured to explain to him as well as I could the situation
of afl'airs in the Provinces and the nature of their Quarrel with
Great Brittain. I i^ld him j'ou considered the distress that his Nation
must' have been reduced to by their Trade having been stopt'd, that
you had sent me with a supply of Ammunition to enable them to
hunt and to provide for their Families and to defend them from
their Enemies. I told him that I was sorry for the Encroachments
that were made on their Lands by the A'irginians but that Ihey
were made contrary to the Kings Orders, that affairs were in such a
situation at this time that they seemed to trample on his Authority
and that we could not do anything with them but that we hojied
things would not continue long so. I put him in mind that they
themselves were to blame for making private Bargains for their
Lands contrary to all the Talks that they had received from you
and Ar Cameron, that they had frecjuently been told not to suffer
anj' person to settle nor even to hunt beyond the Boundary Line
which was run by M' Cameron to divide them from the White
People and to jjrevent any future Quarrels, that they had often been
told that when they found any people hunting or settling beyond
the Lines that they would never be found fault with if they took
'away their Effects and burnt their Houses. He made answer that
he had no hand in making these Bargains but blamed some of
their Old Men who he said were too old to hunt and who by their
Poverty had been induced to sell their Land but that for his part he
had a great many young fellows that would support him and that
were determined to have their Land.

COLONIAL RECORDS. 7(35

I told ] im that I was to proceed with the Ammunition to their
Nation and that I should then see how matters were, but I could
say nothing more at present. My first Intention was to have pro-
ceeded with the Ammunition through tlie Creek Nation on to the
Cherokees. I dispatched a Messenger to M'' Taitt in the Creeks and
wrote him to order down Horses to carrj- the supplies for both
Nations; my letters were returned to me about Twenty days after I
sent them away; the Rivers were so high that the Messengers could
not proceed. I understood that there were then Parties of Choctaws
out against the Creeks and I thought that carrying ammunition at
this time to the Creeks was attended with some danger ; I therefore
ordered round the ammunition for the Cherokees to Mobille in order
to proceed through the Chickesaws. Tlie Winds were contrary and
the Sloop with the Ammunition was so long coming round that I
thought best for fear of the bad consequences of too long delays to
proceed with Thirty horse load of Ammunition which I borrowed
at Mobille. I had a very tedious -Journey to Tenassy River owing
to the badness of the weather but I found Chincanacina with about
Eighty Indians waiting for me with greater Patience than I could
have expected. I met at the Tenassy some White People who had
come down the River in order to settle on the Mississippi. I found
that the Indians had been making some Enquiries at those People
about the Settlers on Watoga beyond the Boundary Line and in
other places in their Neighbourhood ; they told them that they
seemed to encrease fast and that they talked of building or had
ali'eady built a Fort on the Cherokee Land at the mouth at Watoga
River. We proceeded on our Voyage up the Tenassy, Caj^t. Quest
[Guest] accompanied me, he was very well acquainted with the
new Settlements and informed me that the Settlers were very
numerous. I found that the Indians constantly discoursed about
them and frequently took an opportunity of mentioning them
to me and their firm resolution of driving them off. I asked them
how long the White People had been settled there, they told me
about seven years. Lsaid they might easily have been prevented
in the beginning, but now their attemjiting to drive them off might
be attended with very bad consequences that altho' I wished to see
those People off their Land I did not wish to see Blood spilt, that
there were many poor people among them who thought that they
lived on Lands fairly purchased and I should be very sony if they
were hurt, but when they came to know their mistake that they
would remove ; that I would •write to them as soon as I arrived in

766 . COLONIAL RECORDS.

the Nation and encourage them to go down the Mississippi and that
I thought they would pay regard to my letter. I told him that we
had but a bad Literpreter and that we could not understand one
another, but tliat when I got to the Nation and could see M' Cameron
I should be able to talk to him. He told me he would wait untill
I had wrote and if they did not then remove that he would acquaint
the Old Warriors of his Litentions; if they approved of them it
was well, if not he and the young "Warriors would follow their own
way. V/e met with several Boats on our Passage with People from
Holston's River bound to the Natchez. The People in some of the
Boats told in presence of the Indians that the new Settlers talked of
settling quite down to the mouth of the Broad River and that if
they met with any opposition from them that the\' would drive them
from their Towns. We met with some Indians who acquainted us
that they had received some insulting messages from the People of
Watoga and tliat they had threatened to put IsV Cameron to death ;
That they had a Talk from some men at Fort Charlotte inviting
thera down; That they are desired in that message to be good
Friends to the Inhabitants of Watoga and to leave a Road to 2:)ass
and to repass to their Country from Virginia and desired that they
would pay no regard to any Talks they should receive from the
Su[ierintendant or M' Cameron. All these pieces of Intelligence
seemed to Spurr on Chincanacina and his party who seemed already
firmly bent on doing miscliief. Messengers were dispatched by him
at different times to the Nation with Talks to such people of his
Nation as he thought would most readily concurr witli him in his
designs, so that by the time we arrived in the Nation nothing was
talked of but War, to the no small uneasiness and discontent of the
most thinking and sensible part of the Nation. We found that one
Scalp had been already brought into the Great Island and that a
small party was fitting out from the same Town which we found
means to prevent.

A few days after my arrival in tlie Nation I assembled the Head-
men from the different parts of the NatioH. I acquainted them
that I had brought them a small supply of Anmuinition to relieve
their present necessity and to enable them to hunt and to supply
their families; that the King had ordered that while they continued
firm to him and minded the Talks that you and M' Cameron gave
them that tliey shoukl never be suffered to want; That altho' the
Rebells had shut up the communication with Georgia and Carolina

COLONIAL RECORDS.

tot

that there were otlicr paths that would be open for their Trade as
long as they behaved well; That since the King was so mindfuU of
them, that he expected if he should ask their help in bringing his
obstinate Children 'o reason that they will Ije read}- to give it. I
likewise told them that we had information that there were persons
hired to take away M' Cameron's life and that the Rebells had
threatened to send a party of Men into tlie Nation to take away the
King's Friends and that I hoped thej' would keep a good look out
and take care to prevent then:. I told them that it gave me great
pleasure to hear from M' Cameron, that very few of their Nation
had been prevailed on to go to Fort Charlotte and that I hoped they
that went would pay little regard to what they should hear from
those pretended Headmen sent from the Rebells. I told them that
my stay among them would not be long, that I had only brought a
small part of the Ammunition, which was intended for them and
that it was too little to divide among the different parts of the
Nation; that we had been unfortunate and lost some of what I
brought from Mobille on the passage, but that M' Colbert would be
sent away in two daj'S to bring some more and that I would soon
set out myself. ]\r Cameron who had lived so long among them
(till he had almost become one of themselves) would* be always with
them to advise to whatever was for their good; I hoped they would
always listen to hint. If they had done so constantly there would
not be that uneasiness in their Nation which I was very sorry to
find among their young people and which I wished might not be
productive of bad consequences to their Nation ; that you had heard
of their making Bargains for their Land and that it gave you great
uneasiness. I told them that I understood that a Party was actually
preparing to go out to War from the Great Island and that I hoped
they would stop tliem fronr taking a step that would doubtlessly
involve their Nation in Ruin; that there were many poor ignorant
people on their Lands who were made to believe that the Lands
were legally purchased and that they thought the Cherokees had no
objection to their Settling them; That I had pi-omised to write to
them provided it was agreeable to the C hiefs and would make them
such offers and State Matters in such a manner to them as I did not
doubt would induce jnany if not all of them to remove ; That
if they should attack these people that they themselves had been
the means of bringing on their Land they would draw on them-
selves the Resentment of every body. In answer the Indians

768 COLONIAL RECORDS.

congratulated rae on m}^ safe arrival in their Nation and on 3'our
Escape from your Enemies who they said had forced you from your
House into the sea ; That you had been for a while invisible to them
but tliat now you have appeared again at Augustine as if you had
risen from under the Waves. That you had considered the distress
of your children and taken pity on them ; that they were very
thankful! and would never forget your Talks but would be firm to
the King and would protect his people and look upon them as their
own; That if any attempts were made by the Rebells to take M"
Cameron or any of the King's people out of the Nation they would
defend them witli their Lives and the Rebells must stand to the
consequence of their making such an attempt. They said they
did not like to spill tlie blood of the white people but if they
attempted to carry away their people who lived among them they
could not avoid it. They said some of the people from the Valley
and a few from the Lower Towns had been prevailed on to go to
the Congress at Fort Charlotte ; that their wants and the hopes of
receiving presents and not any regard to the talks they should
receive had induced them to go and thst they returned disappointed
and were become the Jest of the Nation. They gave a string of
Beads which they hoped they would deliver. They then gave
anotlier and told me that you had been misinformed with regard to
their giving away the Lands for Watoga and Nonatluchlcy. (They
took good care to avoid saying anything of Henderson's purchase).
They said that when M' Cameron ran the line of Virginia tliere
w^ere people who had set themselves down on this side the Boundary
Line ; they were ordered to remove off but they begged as their
crops were then on the ground that they might be allowed to reap
them and that they would certainly remove the Sj^ring following;
some of them went away but others and more people came in their
room ; they at last brought goods and prevailed on some of their
people to give leases; that many of them were ngainst their staying
on the Land, But that the people who brought the goods told them
that they would stay on tlie land whetlier they took the goods or
not and now that tlie time has expired which thej^ had to stay on
the land, they protend that they jjurchased it. They begged that
M' Cameron and I would write to them and send their talk and
desire them to remove immediately and prevent further trouble.
' Some of the Traders who were present at these transactions affirm this
to be a true state of the case and that they believe that under a pretence

COLONIAL RECORDS. 769

of taking Leases and Receipts for Rent they had got deeds signed.
We immediatelj' dispatched one Isaac Thomas with the inclosed
letter and this talk to the Inhabitants of Watoga and Xonatluchky.
He returned to us in ten days and brought us the enclosed letter
signed John Carter and one signed Aaron Pinson, in the name of
the Inhabitants of Nonatluchky, expressing their gratitude to us for
writing to them and acquainting them witli the Intentions of the
Indians ; their letter is full of professions of Loyalty, and they tell
us that they have no Intention of continuing on the lands but untill
times alter that they may rekirn to the Provinces from whence they
fled to avoid the present troubles, and tliey intreat us to point out
any place that thej' may retire to for a little time. Isaac Thomas
informed us that our letter had been read before all the Inhabitants,
but that he was told by one of them that one Jessy Benson was
employed by Carter to transcribe our letter, which v>'as very different
from the original, and that it was sent to one of the Committees in
Virginia. This he did, and on Oath Thomas informed us afterwards
that Aaron Pinson did not sign the Letter, but that his name was
affixed to it by the desire of one Patrick Brown and sent in a Talk
to the Raven in the same hand writing, expressing his surprize that
he should deny his claim to the Lauds on which he was settled, the
Boundaries of which he and the Carpenter had marked, and enumer-
ated the different articles he had given in payment. There was a
Man sent with Thomas who declared all the people who were set-
tled there had paid Brown for the Lands they possessed ; that he
was full}' paid for all the goods that he had paid the Indians, and
tliat tiiey claimed no Right to the lands, but only intreated that if
they insisted on their removing from thence immediately that
some place might be pointed out for them to retreat to untill things
should take a turn in the settlements. He named the Head of
Xonatluchk}' River, at the Bottom of the Iroii Mountain, which the
Indians readily agreed to. The Indians agreed to return an answer
to M' Brown's Talk and to John Carter's, accompanied with a string
of "White Beads. They said they remembered they had given tliem
leave to sit down on their Lands for a certain time, but that the
time was now elapsed, but they insisted that they never sold any
Land. The goods they remembered very well to have received, but
they were received as a payment for the Deer and Buffaloe they had
destroyed. For the Houses they had built on their hunting Grounds
and the Fields they had planted and for the Grass that their Horses
VOL. X — 49

770 COLONIAL RECORDS.

and Cattle had eat; that they had drove away all their Deer and
Buffaloe, and that now they were obliged to go a great way to look
for victuals for their Families. They said they sent once more in a
Friendly manner to the people settled on their Lands to desire them
to remove and they hoped they would comply with their request, as
they said they had no inclination to do them any injury, and as the
time first fixed for their departure was rather short they gave them
Twenty days longer.

The people of Watogo requested tliat Isaac Thomas might be
sent back with the Indians x4.nswer to them. Y^e sent for Thomas
and desired he would go to the new Settlements again with our
Second Letter and the Talk from the Indians. He said if the
Indians desired it he would go but that they must furnish him with
a Guard for that he had been well informed that a Settico [Tellico] fel-
low named the Little Deer had lain in wait to take away his life when
he last returned but that he had been surprised by some of the Toquah
People who had been out a hunting and was disappointed in exe-
cuting his design. Tlie truth of this report was confirmed by some
Indians who were present. The Great Warrior offered his service
to escort Thomas with a Party to Broad River and he was fully
determined if he found the Little Deer on any such design to put
him to death. Sixteen days was the time affixed for Thomas'
return. At this time things looked favourable and we had some
hopes tliat the Indians might be prevented from falling on the new
Settlements. I must now return to give an account of Occurrences
and of our Transactions before Thomas' first return to the time
fixed for his second return.

j\P Cameron and I were of opinion that it was necessary to have
a full supply of Ammunition and some presents to keep the Indians
in good temper and to dispose them to pay attention to what we
might find necessary to recommend to them, for he was of opinion
that notwithstanding the very great pains he had been at to attach
them to his Majesty's Interest and all their professions of friendship
that if they had been properly supplied with presents and ammu-
nition by the Rebells they might have been brought away from us.
M' Wilkinson Commissary for the Rebells amongst the Cherokees we
found was furnished with identy of jirovisions and Rum to entertain
the Indians and that he had purchased all the Goods he could to make
presents and that by these means he had gained a good deal on the peo-
ple of the'lower Towns; some of the people of the valley were kept in

COLONIAL RECORDS. 771

the Interest of the Rebells by presents which the people of Augusta
continued to send them. Therefore that we might have it in our
own Power to counteract the design of the Enemies of Government
we sent M' Colbert to Pensacola with Letters for you and ordered a
supply of Goods and Ammunition. We at this time were constantly
informed of the intention of the Rebells to get all the friends of
Government out of the Nation and that a reward was offered for M'
Cameron and that some villains about Broad River had undertaken
to assassinate him. "We were informed that one Preston Hampton
a Trader who resided in the valley and who had been very active
in prevailing on the Indians to go down to Fort Charlotte had just
returned from the Settlements with his brother and some others-
that they had threatened several Traders who were friends to Gov-
ernment and that they had told the Indians that there would soon
be a sufficient body of ^len from the Settlements to take all the
King's Friends in the Nation ; That they made Interest with the
Indians to permit them to pass over the Hills to take M' Cameron
Prisoner; that they wore the LTniforms of the Rebells and Deer
Tails in their Hats in defiance of M' Cameron.

We thought proper to assemble all the White People in the Nation
and to tender to them the Oath of Allegiance. The White People
in the Overhills took it very readily, and fifteen of them with Willa-
nawaw and three other Indians set out with M' Cameron next day
for the ^'alley to apprehend the Hamptons ; they seized them after
a little Resistance and brouglitthem Prisoners to Toquah in spite of
some Threats uttered by Doharty's half breed sons and a party
which they had made who were inclinable to relieve them. The
prisoners were put into the hands of a Constable with an Intention
to have been sent to Pensacola. Preston Hampton, the principal
offender who had been a deserter from the 17* Regiment, found
means by the connivance of some White Man in the Nation to
make his escape About twenty six days after he was taken. One of
the Trader's Hirelings dropped an expression which caused some
suspicion against him of having let Hampton escajie, and fear of
being called on ar.d being e.vposed to the Resentment of the Indians
made him run away.

One Cap' York and some others of the Loyal Inhabitants of the
back Settlements of Carolina paid us visits to know if there were
hopes of assistance coming to them through the Cherokees from S'
Augustine or Pensacola. Tliey complained much of the distressed

772 COLONIAL RECORDS.

situation to which the Friends of Government were ah-eady reduced
and said that they were apprehensive that the Rebells would use
means to prevent their doing anything in favour of Government
hereafter if they were not soon supported; That the Friends of
Government were very numerous, but wanted Arms and Ammuni-
tion; that the Rebells were building Forts and would the}' imagined
deprive them of Provisions as well as Arms.

Some people who had been at Augusta informed us that one
Speers, a Trader in the Valley and who from consciousness of bad
behaviour in the Nation had run away when M" Cameron went to
apprehend Hampton and endeavoured to exasperate the People of
Georgia against tiie King's Friends in tlie Cherokees; they brought
us Intelligence that there was to be a Muster in a few days at Fort
Dartmouth and Fort Charlotte and that a large Di-aught was to be
made to come into the Nation and that the Hamptons' Friends in
the Valley were to assist and Pilot them over the Mountains to
apprehend M" Cameron and every other Friend of Government. It
was reported at Augusta that M"' "Walker intended to come into the
Overhills from Virginia with about 800 or 900 Men. He had told
the Indians that he did not intend to trouble himself much about
Cameron for he proposed jsaying him a visit. This made the other
Report gain greater Credit. The Indians were all very inquisitive
to know what Intelligence we received from the Settlements which
we always took care to communicate with that degree of Caution
that we thought it deserved. About the time that we were prepar-
ing to send Thomas a second time to Watoga four young fellows
set out in a private manner from the Great Island and on the Road
from Henderson's purchase, waylaid some passengers and brought
in a Scalp; they brought in some letters which were found in the
persons pockets who was killed; they brought them tons. They
proved to be from some poor industrious people from North Caro-
lina who had settled with a few cattle on Hendersons purchase,
encouraging their Friends to come to settle in that new Countr}'.

The principal Indians did not at all approve of the behaviour of
the young fellows of the Island venturing out without the consent
of the Nation. They met on purpose to testify to us their displeas-
ure. The sixteen days appointed for Thomas's and tlie Indians
return were now fully expired, but no accounts of either. The
Indians now began to be uneasy; they allowed two days more at
the end of which if they did not return they should conclude that

COLONIAL RECORDS. 773

some unlucky accident had befallen their people and they would
set out to look for them. Before the two days were fully expired
the Indians returned ; they had waited at a place appointed on the
other side of Broad River the full time they had promised, hut saw
no likelihood of Thomas's return. The young fellows began now to
be imj^atient and to be apprehensive that an army was preparing
to come against them; while they were in this turn of mind a Depu-
tation of fourteen Indians with a Cherokee fellow as interpreter
arrived from the Northern Nations. They consisted of some from
the Confederate Nations and from the Mohawks, Ottowas, Nantucas,
Shawnees and Delawares. "We were sent for to Chote the day that
they made their Entrance; they came in all black. Thej' gave an
account of their Journey and the news which served sufBciently to
intimate their Errand. They said they had been seventy days on
their Journey; that when they attempted to pass through that
Country from Pittsburgh to their Nation, which but very lately used
to be the Shawnees and Delawares hunting grounds (where they
used to see nothing but Deer Bear and Buffaloe), they found the
Country thickly inhabited and the people all in arms; That at
Pittsburgh there were 2000 Men assembled ; That at a fort on Cedar
River which falls into the Ohio there were 1500 Men assembled;
that at a Fort on Louisa River there were 1000; that on Green
River beyond Cumberland jMountain there were 1000 men. They
laid down several other Forts whei'e they said thei'e were Bodys of
Men assembled. Their salt Springs and their Buffaloe grounds they
said had numbers of Inhabitants and fortified places round them ;
That they were obliged to go down a great way on the other side of
the Ohio and to take a round of near 300 ]\Iiles to avoid being dis-
covered ; that between Cumberland Mountain and the Cherokee
Nation where the road goes from the Settlements on the Ohio to
Holston's River they discovered fresh Tracks of a Great Body of
People with Horses and Cattle. The Mohawks said that early in
the Spring a Body of the White People inhabiting the Country
near them had come into one of their Towns and surprised their
people and killed many of them ; that they took Sir William John-
son's son prisoner and put him to death in a cruel manner ; that
there were two attempts jnade afterwai'ds and that the Indians gave
them battle and defeated them with a very great Slaughter. They
said that they had got all the Northern Tribes to assist them to take
Satisfaction and that the French liave supplied them with a great

774 COLONIAL RECORDS.

quantity of Ammunition and Arms and Provisions and have prom-
ised to support them; that thej' told them that the King's Troops
would soon fall on their Enemies towards the Sea and if they united
and fell on them on this side they would find them nothing ; That
now all Nations of Indians were at peace with one another ; that
they had sent messengers to the Oubacks to the Tribes there to
secure their friendship, and that they would not trouble the Chero-
kees any more. This they said was all they had to say now, which
they might depend was all Truth; they ajaprehended the lO"" day
from the day of their arrival for their grand Talk, when they hoped
there would be people from the diiferent parts of the Nation. After
this day every young Fellow's face in the Overhills Towns appeared
Blackeiied, and nothing was now talked of but War. The people of
Tellico and the Island were busily employed in preparing Spears,
Clubs and scalping Knives. We still continued to disvrade them
from their Intentions of attacking the Settlements by representing
to them the dangerous consequences that were likely to follow to
their Nation, the danger of making an indiscriminate attack and
the impossibility of their being able witliout a Body of White Peo-
ple to join them to make any distinction; that it would be the
means of drawing on them the King's displeasure and of uniting
all parties against them. We told them that our express might
have been detained by sickness or some accident, and that we did
not yet despair of hearing that the people were removed off their
Land. All the principal chiefs assented ver}- readily to everything,
but the young warriors became impatient; they said it had been
better if the}'' had attacked the jieople at once without our having
wrote to them ; that by this time the}' might have had the people
removed from their Lands; That our Letters served only to put the
Settlers on their Guard and to make them prepare to come against
them ; That we had told them to assist the King and that now when
there was a probability of an Anny coming against their Towns we
endeavoured to keep them back; that we had made a sham of taking
a i^risoner and that wc had suffered him to escape; that for their
parts they did not believe tlie White People were at War, altho'
they pretended so ; that since Hampton's escape one of the people
who lived among them had gone away, and that they were con-
vinced it was witli no other Intention but to give Intelligence
to their Enemies of what passed in the Nation. They desired that

COLONIAL RECORDS. 775

there might be no more letters wrote nor any of the people suffered
to leave the Nation.

We told them tliat when we wrote to the people at Watoga, &c.,
we did it with a view of getting then to remove without Trouble
to their Nation and that it was done with their Approbation and
consent; that we did not yet know but our Letters might have the
desired Effect; that altho' we did not approve of their going rashly
into measures that might involve them and others in the most dis-
agreeable situation, j-et we did not desire them to be careless but on
the contrary to keep a good look out that if there was an army
coming against them they might be discovered in time enough
before they could come near their Towns and that all the World
M'ould approve of their conduct if they opposed them. I told them
that I had taken a great deal of pains to come among them and to
bring ammunition to relieve their Wants but that some of them
had thought proper to put bad constructions on our Endeavours to
serve them, that such behaviour was very disagreeable to us; that
it was dangerous and troublesome to advise them any longer and
that they would do best to desire us to go about our business. The
principal Headman waited on us and told us that they hoped we
would not ]tay any regard to what any of their Idle young follows
said; that they always did and always wished to advise with us on
every occasion, and as we see things more clearly than they did, that
they hoped we would freely give our advice. We then told them
that we would give our Opinion on Matters wlien asked ; that they
had many wise men among them, tliat they should consult them
whether it would be best to foUov,- it or not. They told us that they
were apprehensive that our Messenger had been stopped and that
there was something bad intended against their Nation; that they
wished to get the assistance of tlie Creeks in case of an army
coming against them and wished us to write to M'' Taitt to pre-
vail of them to come; that they did not want any of the White
people among them to go to any of the Settlements at this
time for fear of their giving Intelligence of the Northern Indians
being among them. They told us that the French who had
promised to assist the Northern Tribes had told them that the
reason of the People of Great Brittain's quarreling with the People
of America was because the Rebells were always making Encroach-
ment on the Indians and oppressing them. But that the French and
the King's People would assist each otlier against the Rebells. They

776 COLONIAL RECORDS.

told us that if Thomas did not arrive in a few days tliey would send
out Scouts to look if there were any Preixirations making at the
new Settlements, which we approved of. Affairs were in this situa-
tion when we received Intelligence from the Lower Towns that the
Rebells were forming a chain of Forts along the line and that the
Indians began to be uneasy and appr hensive of some design against
them from that quarter. Cap' York who had been down to keep his
People in the back Settlements of Carolina in Spirits returned to
acquaint us that the Rebells intended as soon as the Forts should be
finished to administer an Oath of Neutrality to the Friends of Gov-
ernment and that such as refused to take it was to be put into the
Forts; That it was determined to take all White People out of the
Nation that were obnoxious to them. M' Wilkinson sent people to
apprehend York who very narrowly escaped being taken — he was
obliged to leave his Gun, Saddle and other things in the House at
Sugar Town when four armed men were arrived in order to appre-
hend him; the Indians of Seneca got them back for him from M'
Wilkinson whom they treated with a great deal of contempt. M'
Wilkinson gave the Indians all the assurance he could that there
was nothing intended against them & endeavoured to prevail on
the Terrapin to go down to M' Wilkinson's that he might be con-
vinced of the truth of what he said. The Terrapin refused to go
until he should have our leave. M' Cameron had sent his servant
with two men to bring up some cattle which he had purchased about
twelve miles distance from Keowee. The servant returned in a few
days, the two men that went with him were apprehended by a party of
people sent after them from the settlements; he informed us that M'
Wilkinson was obliged to go away from Keowee for that the Indians
grew very uneasy but that the Teri'apin had gone down. Davis a
Trader who came from the Lower Towns, said that it was currently
reported that 900 men were to be sent into the Nation from Virginia.
We were always obliged to communicate whatever intelligence Ave
received, from time to time to the Indians; we^ were therefore invited
to Chote that we might tell them the news and consult about send-
ing out Scouts. We had just received your letter from Cape Fear
and took this opportunity of telling them what you recommended
to us.

The grand Talk from the Northern Indians was to have been in
two days. The standard of war was erected, the Flag Staff and
Posts of the Town House were painted black and red. Some Indians

COLONIAL RECORDS. 777

who had been out hunting near the Settlements had been surprised
by some white men who were employed as Rangers. The Indians
said they did not offer to do them any injury, but insisted on their
going with them to Watoga to hear some Talks from their Headmen
to carry to the Nation. The Indians were afraid to trust themselves
a,nd escaped from tliem, leaving their guns and everything they had
at their Camp ; they returned in the morning and found all their
things in the same situation as they had left them. The Deputies
being now assembled from the different parts of the Nation and the
day being come for hearing the Grand Talk, we went to Chote where
we could easily judge their different inclinations from their appear-
ances; those from the Great Island except Otacite & two or three
men were all black, also all the Chilhowle and Settico [Tellico] peo-
ple and some from every Town were blacked. The Northern Depu-
ties being seated they said they would now tell them what they came
about and begged that they would listen with attention.

The principal Deputy for the Mohawks and six Nations began.
He produced a belt of white and purple Whampum with strings of
v.-hite beads and purple whampum fixed to it; He said he supposed
there was not a man present that could not read his Talk; the back
settlers of the Northern Provinces whom he termed the Long Knife
had without any provocation come into one of their Towns and
murdered their people and the son of their Great Beloved Man ;
tliat what was their case one day might be the case of another
Nation another day; That his Nation was fighting at this time and
that he was sent by them to secure the friendship of all Nations for
he considered their interests as one, and that at this time they should
forget all their Cjuarrels among themselves and turn their eyes and
their thoughts one way. The Belt was delivered to Chincanacina.

The principal Deputy of the Ottowas produced a white Belt with
some purple figures ; they expressed their desire of confirming a last-
ing bond of true friendship with all their red Brethren ; that they
were almost constantly at war one Nation against another, and
reduced by degrees, while their common enemies were taking the
advantage of their situation; that they were willing & they hoped
every Nation would be the same to drop all their former c^uarrels
and to join in one common cause, and that altho' the Trade to their
Nation and all the other Northern Nations had been stopped, that
their friends, the French in Canada, had found means to supply
them and would assist them. Chincanacina received this Belt.

778 COLONIAL RECORDS.

The Talk of the Nations was much to the same effect, he pro-
duced a white Belt and it was received by the Raven.

There was only a boy of the Delaware Nation. The Talk was
now to be finished hy the Shawnees Deputy, formerly (as I am
informed) a noted French partizan. He produced a War Belt about
9 feet long and six inches wide of purple Whampum strewed over
with vermilion. He began with pathetically enumerating the dis-
tresses of his own and other Nations. lie complained particularly
of the Virginians who after having taken away all their Lands and
cruelly and treacherously treated some of their people, had unjustly
brought war upon their Nation and destroyed many of their people;
that in a veiy few years their Nation from being a great people
were now reduced to a handful; that their Nation possessed Lands
almost to the Sea Shore and that tJie red people who were once
Masters of the whc/le Country hardly posses-ed ground enough to
stand on ; that the Lands where but lately they hunted close to
their Nations were thickly inhabited and covered with Forts &
armed men; that wherever a Fort appeared in their neighbourhood,
they might depend there would soon be Towns and Settlements;
that it was plain, there was an intention to extirpate them, and tliat
he thouv'it it better to die like men than to diminish away by
inches ; That their Fathers the French who seemed long dead were
now alive again ; that they had supplied them plentifully with
ammunition, arms and ])rovisions and lliat they prom.ised to assist
them against the Virginians; that their cause was just and that
they hoped the Great Being who governs everything would favour
their cause; tliat now is the time to begin; that there is no time to
be lost, and if they fought like men they might hope to enlarge
their Bounds; that the Cherokees had a Hatchett which was brought
in six years ago & desired that they would take it up and use it
immediately; That they intended to carry their Talks through every
Nation to the Southward and that that Nation wliich sliould refuse
to be their Friends on this occasion sliould forever hereafter be con-
sidered as their common enemy and tliat tliey would all fall on
them Avhen affairs with the White People sliould be settled.

The Belt was received by Cliincanacina. It was some minutes
before any one got up to give his Assent whicli was to be done by
laying liold of the Belt. At last a Head man of Chilhowie who
had lived long in the Mohawk Nation and whose wife had cou-
sin nflv lived in Sir William Johnson's house was the first who rose

COLONIAL RECORDS. 779

up to take the Belt from Chincanacina. He sung the war song
and all the Northern Indians joined in the chorus. Almo.st all the
young warriors from the different parts of the Nation followed his
example, though many of them expressed their uneasiness at being
concerned in a war against the white peoj)le. But the principal
Chiefs, who were averse to the measure and remembered the Calami-
ties brought on their Nation by the last vrar, instead of opposing the
rashness of the young people with spirit, sat down dejected and
silent. The Deputies proposed that M'' Cameron and I with all the
white People that were present should take up the Belt as the King's
friends among them and all tlic French had done, which we refused.
We told them that Indians did not understand our written Talks
and we did not understand their Beads, uor what were their inten-
tions; That for my part I was determined not to give any sanction
to a war that was likely to bring destruction on their Nation, espe-
cially as I had not forgot the use that they made of my telling them
that the King should expect their assistance if it should be asked to
bring his disobedient and obstinate children to order; That the Vir-
ginians wheit*they were not above half the number that they are at
present had withstood the French and the combined Force of all
the Indian Nations when they were twice as numerous as they are
at present and that now they are in Arms ready to go against the
King's forces; tliat if they went to war they had no white People to
direct them against their proper Enemy as the Northern Tribes had,
and if they should go over the Boundary Line or fall on indiscrimi-
nately to kill women and children and to attack the King's friends
as well as his enemies, they would draw on themselves all the force
that was intended against the King's Troops and the resentment of
those that otherwise would have been their friends, and would have
assisted them ; that their Father was willing to suj^port them and
supply them with ammunition Avhile they paid regard to our Talks,
But that we did not yet think it time for them to go out unless they
were certain that there v. as an Army coming against them and
therefore could not give our consent, as it was your desire that they
should remain Cjuiet until they should hear from you.

Cahetoy delivered this very distinctly. The Raven of Chote told
them that the}' would consider of their Talks before they gave them
a full answer and a meeting was ajipointed next day at Settico
[Tellico,] where we were told the young fellows expressed a great
deal of dissatisfaction at our not laying hold of their Belt, and fi'om

7S0 COLONIAL RECORDS.

what we were afterwanls informed passed there, and from the
insinuations of one James Branham a lialf breed who had been in
the settlements and was sent in with a design to injure M"' Cameron,
that our lives and the lives of all the white people of the Nation
had been in great danger. Branliam told the Indians that "SI'
Cameron had wrote letters to the Settlements to incense the People
against them, and bring an Army to destroy them. Some of the
Indians repeated what had been said at Fort Charlotte, that I had
not forgot the affair at Cane Creek when you was taken prisoner and
that altho' I brought ammunition I wanted to keep them from going
to war till it should fall into the hands "of the Virginians. From
hints given the Traders by some of tlieir friends they had got in
readiness to make their escape and some of them slept in the Woods.
"We treated the information ws had from the Traders v\-ith. seeming
indifference.

Next day we had a visit from Chincanacina painted black, he
asked what was the reason that all the Traders were preparing to
going away and that I was talking of going after I had been in a
great measure the means of bringing trouble on tliem by writing to
the Peoi)le of "Watoga. I told him that I did not know what the
Traders intended to do, but that when their lives were in danger
they could not be expected to stay; that for my part I had alwaj'S
said that I would not stay but until I should have an answer to the
Express that was sent to Mobille and that as soon as I could procure
Horses I was detern:ined to go whether the Express arrived or not;
That he must know himself to be the cause if any trouble was like
to come on their Nation and that it did not look well to endeavour
'to throw the blame off himself. He told the Interpreter after part-
ing with us that it was agreed among the people in his Island that
if any of the white People attempted to go away to follow them but
not to bring them back.

The next day the Northern Deputies waited on us and took
great pains to make us sensible that they assisted the King's
friends; they described tlieir Country and the situation of the
King's Forts of Niagara and Oswego. They said the King's
forces and the French acted together and assisted them. They
described the place thro' which their supjilies were generally brought
to the Lakes which the Reb'ells had tsiken possession of but tiuit
they had since dispo.gsessed them. They said the Rebels had told
them some time ago that they looked on the People at Oswego and

COLONIAL RECORDS. 781

Niagara as their Prisoners, and would not at tliat time trouble
themselves about them.

Tlie day following Chincanacina or the Dragging Canoe and all
the Head Men came to M' Cameron's House and all the Traders
were ordered to attend. The Dragging Canoe gave promises for
their safety if they staid in the Nation and hoped that they would
not for the future pay any regard to idle dreams; that they con-
sidered their White People to be the same with themselves; that if
any of them inclined to join them in going to war they would be
glad but that they would not insist on their going but that such as
did not go to war should bring supplies and ammunition. They
gave a string of beads. They addre.ssed W Cameron as he was to
remain among them and told him that they would always pay
attention to wh.itever he advised, and gave a string of beads. I
took this opportunity of putting Chincanacina in mind of what he
had said a few days before and made him acknowledge himself
before all the Chiefs the sole cause of the war. They informed us
that the Deputies were to return without going to the Creeks; that
they had sent Messengers with Belts and that the}' desired the
Lower Creeks to assi.st the Lower Cherokees & that they had not
yet fixed a day for their going out; that they thought of sending
out Scouts; that if we would write a letter to know what was become
of Isaac they would send it by the Scouts to be fixed up at some
public Place near the Settlement of Watoga. I objected to having
auytliiug more to do with writing as they had been suspicious of
us upon former occasions, but at last consented to write in their
name, if they would tell me what to write. They desired I would
tell them that Isaac Thomas had been sent to them at their own
reque-st with a very civil ^lessage from them, and that they had
detained him contrary to what they understood had ever been done
among the White People, and that among Indians such a thing never
was done in time of War. They desired if he was alive he might
be sent back immediately, and if he did not return they should
know what they had reason to expect. This w'as read over to them
& approved of. The Scouts were sent out next morning and a few
miles from Toquah met with Thoma.s returning. He brought us
the enclosed Talk from the Committee of Fincastle which so exas-
perated the Indians that we had little hopes after this of being
able to restrain them.

782 COLONIAL RECORDS.

Isaac Thomas informed us that there were about six thousand
men in Arms on the Frontiers of "\"irginia and Xortli Carolina
whicli Avere intended to have gone to opjjose the King's Troops but
they had determined to stay and ojipose the Indians; that the
inhabitants of Watoga had built Forts; that they had marched
some Companies to Nonatluchky and obliged the inhabitants who
were friends to Government to take an oath of neutrality and that
they afterwards drum'd them out of the Settlement; that those
people did not look upon themselves bound by the Oath that was
forced on them and were resolved to be revenged for the affront
put on them as soon as an opportunity offered. He informed us
that the people on Henderson's purchase had received a message
that the Corn Stalk, a principal Warrior in the Shawnese Nation
known by the name of Logan, witli about fourteen other Indians
were gone to the Cherokees on some bad design, that they would do
■well to endeavor to wajday and kill them; that a Trader (whose
name I do not recollect) from ^^irginia had gone into the Shawnese
Nation with a view to prevail on two hundred of that Nation to
come down who they intended to keep as security for the behaviour
of the rest; he heard that they had already.got some of the Dela-
wares engaged; he declared on Oath that he was informed by
several of the Inhabitants of Watoga that a letter was forged by
one Jessy Benton in M' Cameron's name and so like his hand v.-rit-
ing that it would be impossible to know that it was a ibrgcry; that
they had given out that it was brought to the House of one Roberts
in the night by a man Avrapped up in a blanket who innnediatcly
rode off; that it was said to contain information that ."iOO Creeks,
500 Choctaws, 500 Chicasaws and a Body of Troops from Pensacola
witli all the Cherokee Nation were immediately to fall on the Front-
iers of Virginia and North Carolina; that the letter was forwarded
to North Carolina and Virginia in order to engage their assistaiice
against the C'herokees; that Evan Shelby read our second letter
notwithstanding tliat the committee of Fincastle take no notice of
it, but we find that Shelby is a Party concerned in the Lands.
The forged letter was forw.irded to South Carolina, but they
thought proper to atti.x my name instead of M' Cameron's. We
took an ojijxirtunity of reiiresenting to the Indians the probability
that there Wiis of their being deceived by the Shawnese; they
seemed to entertain some doubts about them and resolved to wait
the 20 days allowed in the Committee's Letter for giving an Answer.

COLONIAL RECORDS. 783

The Indians told us that the Great "Warrior of the Xatiou had never
yet given his opinion and they would lie obliged to abide by what-
ever he should determine, whether Peace or War. This gave us
hopes that a war might yet be prevented. About tliis time we
received a letter from M' Hamilton, wlierein he acquainted us tliat
the Terrapin had advised him to come over the Hills, for that a
party would be sent from the Settlem*' to take him out of the Nation.
M"' Hamilton asked him if he would not protect him; his answer
was that perhaps they might be too powerful and that their coming
might be attended with bad consequences ; most of the other Indians
determined to stand by him. The people that were sent for the
Cattle and taken prisoners returned ; we imagined that they dreaded
the consecjuence of olfemling us, as we were out of their reach, and
therefore they had thought proper to discharge them with leave to
bring up 8 beeves. Andrew Williamson and Wilkinson wrote to
.^.P Cameron and complained much of the Letter that I was said to
have wrote to the people of Watoga, threatening the Frontiers of
North Carolina and "\lrg4nia, and said that if there was an Indian
war it would be occasioned bv that letter and bv lies brought into
the Nation by Captain York. I wrote a letter to M' Wilkinson, but
I have reason to think it went no farther than Seneca.

The Indians had appointed a day to get the Great Warrior's Talk,
when the time of their going to war was to be finally determined upon,
and whicli we understood was to have been put off for a month or
two. but on the night before they were to have met they received
intelligence from the Lower Towns that they were certainly gone
out against the Settlements of Carolina, and that they had deter-
mined on this rash step immediately on the return of the Deputies
who were sent to hear the Talk of the Northern Indians; that it was
occasioned by a private Talk sent to the Terrapin by a ^^^arrior of
Tellico and Ninituca, relations of hi.s, who resented his being very
active in getting Ninituca's Brother, who was his Kinsman, put to
death, as satisfaction for the Myrder of a white man in Virginia.
Laskigitihi, of Tellico, arrived from the Lower Towns and brought
a white prisoner with him from Little Chote; he told us that a Party
of twenty-four men had come into the Nation under a pretence of
taking away Steel and Pritchard, two Traders whom they under-
stood were obnoxious to the Indians; the prisoner with anotlier who
was le:t in the Lower Towns was sent into Chote to oljtain leave
from the Indians to pass through the Nation; that they were detained

784 COLONIAL RECORDS.

and beat and a party was sent to attack the others ; that they killed
five of them and took all their horses and Arms and that the rest
had made their escape. Among the killed was young Hampton,
who we had set at liberty about 20 days before, after having admin-
istered to him at his own desire an oath of neutrality.

It was in vain to talk any more of Peace, all that could now be
done was to give them strict cliai'ge not to pass the Boundary Line,
not to injure any of the King's faithful subjects, not to kill anj^
women and children, and to stop hostilities when you should desire
it notwithstanding any promises to the contrar}' given to the Shaw-
nese. All these instructions they promised strictly to adhere to, and
they begged that I would acquaint you of this, and that altlio' they
had been rash and listened too readily to the Talks of the North-
ward Indians, that the usage you had received, the threats against
M'' Cameron, and the cruelty used to Sir William Johnson's son were
the causes that spurred them on and they therefore hoped that you
would not be angry with them nor cast them off, but continue your
assistance & support. They blamed Chincanacina the AA'arrior of
Chilhowie as the cause of their beginning before they received your
Orders.

The Indians seemed very inclinable that any (■! the King's loyal
Subjects that were at Nonatluchky should be invited to come to
them or desired to assemble themselves together and put up a white
flag. [See page ante 606.— Editor.] Captain Guest ofil'ered to under-
take to give them notice if he could get four white men that knew
the woods and some Indians. The Tish of Settico [Tellico] a very
sensible ladian offered himself with his Nejihew who is Interpreter;
they sent a message on this subject to the Warrior of Cowie. The
very night before they were to have set out the four men that were ,
chosen to go run away, they were all Mrginians wliich was likeh-
to prove fatal to the people who remained. All the wliite People
in the Nation thought tKat the only security they now could liave
for their safety, was to go out with the Indians, ^ome went out with
the Indians from the Overhills and Middle Settlements and all the
rest offered to accompany M' Cameron who was to set out in a lew
days for the Lower Towns. I left the Nation the 12"' July, when
the To(piah and Chote People which were the last Parties in the
Nation set out very much dejected which I am infornu'd was the
case with the greatest part of the Nation.

COLONIAL RECORDS. " 785

I proceeded to the Creeks and on my way met the People that
were sent in with the Shawnese Belt. They had a letter for M'
Cameron which I found was from Emistisigno wherein he informs M'
Cameron that a Belt was brought into his Nation from theCherokees
without any Letter from him, that it seemed to be a stolen Talk,
that he did not understand it; he expressed his -surprise that I was
not returned; he said if I did not make my appearance in 2G days
he .should conclude that some accident had befallen me, and would
go with his people to look for me. He charged them strictly to take
care of their white people and of the King's People that might fly
there for protection, for if any of theui should be hurt he would stop
their supplies from every Cj[uarter. I told the Creeks that the Chero-
kees desired their assistance but that your Orders were that they
should take no steps till they should hear from you und tliat I would
not therefore desire them to go, but if they found any of their people
going in consecjuence of Messages they might have from the Chero-
kees That he should instruct them to go directly to the Nation and
receive directions from M" Cameron. The Creeks said they chose
to remain at home until they should have Orders from you. I
missed meeting with Colbert. He went to the Cherokee Nation with
1 00 horse load of ammunition and presents by a different road. I
met with some Cherokees returning home by whom I sent a mes-
sage that I had performed rny promise and w* be as punctual in
what I now said; that I had heard of the murder of Davis and his
man and could not forget it. That if I should hear of another
being hurt, or if they neglected after this to hear M' Cameron's
advice and would listen to the Shawnese that this should be the last
supply that would ever be permitted togo to their Nation from any
C[uarter; that I had taken some pains to open a communication with
Pensacola and ^Mobille thro' the different Nations; that if they mis-
behaved a word of my mouth would shut it forever.

HENRY STUART.

[From MS. Records in Office of Secretary of State.]

Proceedings of the Safety Committee in Orange County.

At a Committee held for the County of Orange at the Courthouse
in Hillsborough on Tuesday 27"' of August, 1776, John Henly
appeared before this Committee and complained upon Oath that a
VOL. X — 50

^86 COLONIAL RECORDS.

certain Doctor Edward Bryan, a Lieutenant of Light Horse lately
appointed by Brigadier General Person to attend the Militia under
Col° Ramsey, did come to his House with about eight of his Com-
pany on Friday the 23'' Instant, and there having Procured an or :er
Signed by Capt. John Moore and Archibald Murphy, Two Members
of this Committee, (and which he believed to be their proper Signa-
tures) empowering him to press the said John Henly, John Barnet
and several Other persons in the service as Light Horsemen — tliat
he the said Bryan actually has forced off the said Barnet accord-
ingly ; that the said Henly having found means to make his escape
while tliey were preparing to force liim away, he the said Bryan
did vrith much abusive Language Demand Ten pounds from the
wife of the said Henly as a fine for his Refusal. He further
declares that he has been informed that the said Bryan has adver-
tised a reward for apprehending him the said Henly dead or alive;
for vrhicli Reason he considers Both his Life and Liberty in danger
and Demands the protection of this Committee.

Resolved that this Committee have an utter abhorence to every
attempt to force a free man into the Service contrary to the Regu-
lations of the Provincial Congress upon any pretence whatever.

Resolved that the said John Henly ought and will be Protected,
by this Committee the same as any other Inhabitant of this County
and any attempt to injure him in consequence of any illegal adver-
tisement ouglit to be resisted by the good People of this County.

Resolved that the Chairman of this Committee be directed to
Transmit a Copy of the above Resolve to the Honorable The Coun-
cil of Safety for this State and to request them in the Name of this
Committee to order the Commanding officer of the Corps of Militia
which Marched on the Indian Expedition from the Hillsborough
Brigade to Send the said Edward Bryan to their Board or to this
Committee to answer in due ^Manner for the ^"iolance Com-
plained of JOHN HOGAN, Chairman.

[From MS. Records in Office of Secretary of State.]

Letter from Cornelius Harnett to the Council of Safety.

Wilmington, August 30"', 177G.
Gentlemen,

The Letters in this Packet enclosed I received late last night, I
came to Town early this morning in Order to send tlicin to your

COLONIAL RECORDS. 787

Honb'° Board by express, but meeting with M' Grainger just setting
off for the Council I imagined it would answer Verj^ well to sqnd
them by him especially as he intends riding with great expedition.
I made so free as to open them, nothing which ought to be kept secret
has been mentioned to any person. Gen' Moore has gone upon a Secret
Expedition. He declares you shall have fighting for your money if the
enemy can possibly be brought to any kind of action ; he has taken 300
men with him, no person in Town can even conjecture vvhere he
is gone — I suppose to Attempt dislodging the Enemj' from Bald
Head, but am not certain. It has given me great Mortification to
find that the S° Carolina Troops under Col° Williamson have got
the start of Gen' Rutherford, surely he must have procured Pack-
horses-long enough ago — For God's sake Gentlemen send him for-
ward with all the Expedition in your Power, that our Countrymen
may have a shair in subduing those Savages — Lead is wanted
exceedingly in the xVrmy. The rec[uisition of Powder from S" Car-
olina must be attended to — It is strange none is yet arrived from
New Berne, for God's sake order it forward. I hope for the pleasure
of seeing you all the Latter end of the next Month and have the
Honor to be with great Regard Gent"

Your most Obed Serv'

CORN. HARNETT.

If I have done wrong in Opening the enclosed Letters a hint
will be sufficient for preventing the like in future.

M' Mallett, a Commissary, sends by M' Grainger his Accounts, as
he tells me to convince the Council of the necessity of his being-
supplied with more money, in order to supply himself with Salt
Provisions for the Troops— Your Militia & Army have .suflln-ed
very much by being constantly supplied with fresh beef— The
Council I think ought lo make it a Point with the Commissaries to
give the men Salt meat three or four times a week, this is a matter
I think of the utmost Consequence to the health of our men.
Every person here seems pleased with the destination of the Black.
Laivyer. The Advice of the Council to the inhabitants of the State
relative to the ensuing Choice of Delegates is not yet got abroad
Davis ought to be hurried. I wish Jammey Green would send me=
one.

788 COLONIAL RECORDS.

D'Sir:

The Bearer jVP John Wright Stanlej^ My Friend & Neighbour,
having business at the Council of Safety, I embrace this opportunity
with Pleasure, To inform you, that ever since the Commencement of
these Troubles, W Stanlej' has always shewn himself a steadj', inva-
riable and generous Friend to the Liberties of America. He was
early a Member of our Committee, & by his Judicious & well tim'd
Observations, has been very instrumental in opening the Eyes of
his Neighbours, & rousing them in defence of our common Cause.
Any services you can render him I shall esteem done myself, & am,

S' your very hum'" ser',

WILL. TISDALE.

New Bern, Aug' 31", 1776.

I thought it had been done Long Since, but if it is really the
Case & He cannot sail before the Council shoud meet by appoint' I
think it would be best to Write to M'' Tho' Jones by Post & you
Come This Way. I Will Go with you to Hallifax to see the business
done. M' Stanley was speaking to Me about a Commission of Letter
of Marque for a Vessel of his. I Thought I had one, but find it is
only Instructions to the Commanders of Ships of Warr.

I have Just Got home much fatigued, & I don't find I Can Inform
you anything New. Conclude with Great regard.

Your Hum. Serv',

JOHN SIMPSON.

[FiiOM MS. Records in Office of Secretaet of State.]

Letter from General Griffith Rutherford to the North Carolina
Council of Safety about the Ex[)edition against the Cherokecs.

Camp Head of Catawba T' Sep' 1770.
Sir,

Your favour of the 23'' Aug' is now before me and am so exceed-
ingly hurryed I cannot be particular herewith. I send you my last
letters from the Commanders on the frontiers of S" Carolina &
Virginia.

If the Indians evacuate the Middle & Y alley Towns and our pro-
visions will hold out and it be possible to March to the overhill Towns

COLONIAL RECORDS. 789

perhaps I shall go to that place, or perhaps send a detachment to
join the ^'irginians. Those under my command consists of 1971
privates of foot, about 80 light horse. The number of officers pack
horse masters & drivers are not yet taken. For the present plan of
operations I refer you to Col" Williamson's Letter. I have ordered
130 under three Captains to Range and defend the forts on the
frontiers of Tryon, 175 on the frontiers of Rowan, 100 on Surry.

I am in a very imperfect statg of health, but will be as assidious
as possible in executing the important trust reposed in me.
My best compliments to the gentlemen of the Council.

Sir your most Obedient
and most Humble Serv'
GRIFFITH RUTHERFORD.

P. S. I am this moment informed by the pack horse master Gen-
eral that there is about 1400 pack horses one driver to each 4 horses
a pack horse master over every 10 drivers. We have 40 days
provision.

[From MS. Records in Office of Secretary of State.]

Letter from John Hunter, Prisoner of War, to Thomas Burke.

Dear Sir,

When I was brought prisoner to Halifax, and admitted on my
parole with the rest of the prisoners, (by your Interest) I never
thought that ever I should have been guilty of anything to deprive
me of that Liberty, and I can assure you that it was quite foreign
from my intention. But some malicious person or other having
informed the Honble the Council something which hurt me in their
Opinion has been the cause of my being sent here and confined to
the narrow Limitts of this town and obliged to apear before a man
dayly, who is watching the smallest op'^ to send me to Hallifax Gaol
as he is directed so to do, if I go out of my Limitts. I wrote M'
Harnett asuring him of my innocence. Your influence with him
will confer additionall Obligations on

Your Most Obedient Humble Servant,

JOHN HUNTER, Jun'.

Please excuse Bad Pen.

Martinborough Sept. 2'', 1776.

790 COLONIAL RECORDS

[From MS. Records in Office of Secretary of State.]

Instructions from Colonel Jetliro Sumner Respecting the third Reg-
iment.

Savan", the 3" day of Sep', 1776.
To Col. William Alston,

Sir:

I have leave from his Excellency Maj" Gen' Lee to return to N"
Carolina, to use my endeavours in providing for the Regim' many
indispensahle articles which the season of tlie year now coming on,
and the Great Distance, and uncertainty of amediately procuring
such things may require the utmost diligence. The destrest state of
our Reg' at first view will Convince you of the ahsolute necessaty
of making (if possible) some provision against the enclemencj' of
the approaching season.

However, Sir, you are now taking the Command of the Regim'.
You are to be perticularly careful of the Disciplene off and to your
utmost keep up a good understanding among the Officers & Soldiers;
acquant them of the Cause of my leaving the Regim' at this time
of the year. You are at all times to keep up Strict Disciplene, but
to reserve a mode of Clemency as being among young troops. Now
and then to throw something of a promising hope among them of a
quick return to N° Carolina, which I doubt not but some time hence
will be the Case. It will engage the mind and for a time despence
with Inconveniencys. Be Careful in seeing no fraud is done them
by the Commissarys, and there pay Regularly to a month delivered
them by there Cap".

[From MS. Records in Office of Secretary of State.]

Letter from the North Carolina Delegates in the Continental Con-
gress to the North Carolina Council of Safety.

Philadelphia, September o^, 1776.
Gentlemen,

The present truly critical state of the Continental Army at New
York has induced Congress to enter into the Resolve whicli this is
intended to convey. From the Newspapers, aided with the In for-

COLONIAL RECORDS. 791

mation which you will receive from our friend j\r Heyward, you
will learn that we have received a Check upon Long Island, our
utmost exertions are immediately necessary to invigorate and give
spirits to the Troops to the Eastward. As the fate of New York
and all the Eastern Colonies in a great measure depends on our suc-
cess in that quarter & as this must work very powerful effects upon
the Continent at large, We are well assured that a measure which
puts it in your power to add two Reg'ts to our forces at a time when
you have no urgent occasion for them at home will meet your cor-
dial approbation. Virginia is to march three Regiments with all
possible expedition in addition to two which are now on the way &
far advanced.

We suppose that you will advise the filling up of the Regiments
which you send hither to their compleat number out of the other
Regiments & immediately order out recruiting parties to supply the
places of those whom you may draw from the other Regiments. A
large bounty sufficient to induce men to prefer a Soldier's to any
other occupation must be given. The Exigency is importunate.
We must not be stopped by ti'ifles.

If our Troops are to the Southward of North Carolina orders
must immediately go fa- their return, et wc doubt not every possi-
ble measure will be adopted to expedite their movements. M'
Hewes will be with you shortly, to him we refer you for further par-
ticulars & for the manner in which the Troops may be marched
with the greatest ease & Expedition.
We ate Gentlemen with great Respect,

Your obed' Humble Servants,

W" HOOPER,
JOSEPH HEWES,
JOHN PENN.

[Froji MS. Records in Office of Secretary of State.

Extract from the ^Minutes of the Continental Congress.

In Coxgress, September 3'', 1T7G.
Resolved, That two of the North Carolina Battalions be ordered
to march with all possible expedition under the command of briga-
dier general Moore to reinforce the Army at New York.

'CHA= THOMSON, Sec'.
Extract from the minutes.

792 COLONIAL RECORDS.

[From MS. Eecoeds in Office of Secretary of State.]

Letter from Thomas Harte to the North Carohna Council of Safety.

Hartford, Sept' 3*, 1776.
Hon"" Gext",

The Bearer John Rice waits on you with an Ace' against the'
Publick for flour purchased and Sent to Cross Creek, it was Some-
time pass'd laid before your Board, but not allow'd (as I am told by
Col° Sutherland) for want of CoP Keunon's Rec', his Rec' I have
now procured as will appear to you, and hope the Ace' will appear
so reasonable to you, as to Justify you in giving me a Certificate on
the Treasurer for the Amount thereof; he also brings a Rec' from
the Commanding Officer for the District of Edenton, in favour of
M' Mallett, for Victualhig the Militia of that District, and from him
assign'd to me, for the Amount of £313 10s. 8d which I shall also be
glad to Obtain a Certificate for on the Treasurer.

I am Gent" Your Most Obed' Serv'

THO' HARTE.

[From MS. Records in Office of Secretary of State.]

Letter from James Hepburn, Prisoner of War, to the North Carolina
Council of Safety.

Charlote Town, Mecklenburgh County,

Sep' 4'", 1776.
Sir,

We have had so many reports of your Hon"''" body being convened
in Sallsberry, that I have been induced at two different times to
trouble you with a representation of m}^ present situation, and a
request of my Removal. I now take the liberty to Liclose you a
Certificate from some of the Committee of this place, saying there
is not a house of any kind to be got in this place. Willing to Con-
tinue here rather than to put you to any trouble on my account I
offered a rent of £40 per annum for a house hardly fit for a stable,
at least not much better. I have sent a Servant on purpose with
this request — and have to beg of you, he may be quickly dis-
patched. Perhaps it may never be in my power to repay you for

COLONIAL RECORDS. 793

the Civility you have shown me in my day of adversity. If so I
am one of many who have recfeived obligations from M'' Harnett,
which they never can discharge.

I am Sir with much Respect

Your most Obd' Serv'

JA» HEPBURN.

P. S. What I request is to be removed to Sallsberrj'.

[From MS. Records in Office of Secretary of State.]

Letter from B. Booth Boote to the North Carolina Council of Safety.

Salisbury, 4"^ Sei)' 1776.

SiK,

After thirteen months cruel captivity in So: Carolina, I have been
permitted to return to this place upon my parole; The President of
that province first intimating, that it was expected I would repair
to your honorable Board upon my return hither. The truth of
which, I trust, you have been already otherwise apprised.

In order therefore to answer such expectation, & the confidence
reposed by that Colony in me; I beg leave to assure the Honorable
Council, over which you preside, that I slu^ll with the greatest cheer-
fulness wait on them, whenever their pleasure shall be signified to
Sir Your most Obedient

And Very Humble Servant

B. BOOTH BOOTE.

[B. r. R. O. Am. & AV. IND. Vol. 280.]

Letter from Lord Germain to John Stuart, Indian Agent, etc.

AVhitehall, o'" Sep^", 1776.
Sir,

The impossibility of forming any certain Judgment here of the
effects which the operations carrying on to the Northward might
have upon the Savages in your Department or of the JMeasures
wdiich the Commander in Chief might think fit to adopt in conse:

i-94 COLONIAL RECORDS.

quence of the events which might attend those operations, added to
the difficulty of a safe conveyance, prevented my opening a corre-
spondence with you since I have been honoured with the seal of
secretary of State. You will however have been informed by Gov-
ernor Young that your vigilance and attention to counteract the
Machinations of the Rebel Emmissaries and to prevent the Defec-
tion of the Savages were very much approved will I hope have
excited you to continue to exert the same zeal and activit\' for
securing their Fidelity and in the Execution of such orders as you
may have received from the Commander in Chief.

The failure of the late attempt upon Charles Town will no
doubt throw great advantage into' the scale of the Rebels and
encrease your difficulties but I trust your influence will be found
superior to every motive they can urge or Inducement in their
power to hold out to draw the Indians from their Allegiance.

The very ample credit given you by General Gage will enable
you to defray whatever expenee this most essential service may be
attended with and as your Agents Mess" Grahams Johnston & C"
had permission to send you the ammunition and arms you men-
tioned in your letter of the IT"" of December to have ordered them
to procure for you as far as they thought proper to execute your
order every assistance has been given you by Government that you
desired for strengthening your Hands and giving efficacy to your
Negotiations.

Should General Howe find himself in a condition to extend his
operations to the Southern Colonics in the "Winter the Assistance of
the Indians will be of the utmost consequence, and you will no
doubt receive timely orders from the General to engage as large a
number as possible for that purpose. You will therefore have that
service in view in all your transactions with those People, and if
you find the making Peace between the Choctaws and Creeks will
facilitate your obtaining Parties from both Nations to co-operate
with the King's Troops it will certainly be your Duty to take upon
you the management of that Business and to accomjjlish it as speedily
as possible.

In expectation of this service becoming necessary and to prevent
any disappointment from the defective Execution of your orders to
your Agents, a supply of Goods suitable for presents to the Indians
is preparing by the Direction of the Lords' Commissioners of the
Treasury and will be sent to Pensacola on board an armed Ordnance

COLONIAL RECORDS. 795

Store ship tliat is to sail in about a month, and I have the satisfac- i
tion to acquaint you that in consequence of a Representation which
I thought tit to make to tlieir Lordships of the difficulties which the
operation of the restraining Act would probably lay you under in
obtaining Value for j^our Bills on their Commander-in-Chief, their
Lordships have authorized me to direct you to draw^ upon the
Treasury for the Amount of your Estimate accompanying your Bills
with proper letters of advice, until such time as things shall return
into their former Channel, and of v.diich I have acquainted General
Howe.

This however is a Licence which is only to be made use of by
3'ourself, for none of your Deputies must take that Liberty, and it is
the more necessary for you to give-them the most positive orders to
that purpose, as some Bills drawii by M' Thomas have been presented
for payment, and being accompanied by a letter from you to him
which seemed to countenance his drawing in that manner, their
Lordships were pleased to oi-der them to be paid.

Your letters to the Earl of Dartmouth of the 17* of December, 6'",
S'" and ig*" of Jan'^ and 10'" of Feb'^ have been received, the four
former only in June last. The latter, w-ith the map of your Dis-
trict referred to therein, came to hand the 10'" of May, and as it
appears to be executed with great accuracy, will be very usefull in
furnishing us with just ideas of that Country. I have also received
your letters to me numbered 1 & 3, but that numbered two is still

I am, &c:
GEO: GERMAIN.

[Fkom MS. Records in Office of Secretaky of State.]

Gen' Orders by Gen' Lee.

Charles Town, Sep' 8'^ 1776.

As it is of the utmost importance to the Common Interest of
America that the S"" Carolina and Georgia Battalions should be cora-
pleated, as soon as possible. Gen' Lee in Capacity of Continental
Commander of the Southern District gives full Authority to the
Officers of the South Carolina and Georgia Battalions, to engage into
the service of their Regim'" any soldiers or non commissioned
officers of the Regiments of A'irginia and North Carolina, on Con-
dition that they pay unto the hands of the Colonels, or the com-

796 COLONIAL RECORDS.

manding Officer of the Regim' which the soldier, or -non Commis-
sioned Officers C[uit, the Bounty Money, which is now allow'' to
recruits, and settle the accounts which subsists between such soldiers,
Non Commissioned Officers and their Captains. Drummers and
Fiffers, are not allowed to be Ingaged.

(Signed) CHAS. LEE,
Major Gen' and Commander of the Southern District.

[From MS. Eecoeds in Office of Secretary of State.]

Affidavit of William Alston.

M' W" Alston of Guilford County in the State of North Carolina
of lawful Age being sworn on the Holy Evangelists of Almighty
God deposeth and saith that a certain Hance Hamilton of Granville
County in a conversation with this deponent in the County of Rowan
on the third or fourth day of this instant September the said Hamil-
ton ask'd this deponent if he had done distressing of poor John
Henderson. This deponent answered that he never had distressed
John Henderson, and that as Henderson had given security to the
Congress at Halifax he this deponent was satisfied. Hance Hamilton
then said damn such a Convention and their proceedings for that
they had no right to hold him to security or bring Henderson to
trial. Hance Hamilton ask'd this deponent what was the Court for
that they did not hold him to security. This deponent then told
him the sum was over the Jurisdiction of a County Court. Hamil-
ton then repeatedly damn'd tlie Congress and said they would be
call'd to account for their jn-oceedings, and further this deponent
saith not. • W-» ALSTON.

Sworn to in open Councill the 9"' Sep' 1776 before me.
Sam' Ashe, Presid'.

COLONIAL RECORDS. 797

[From MS. Records in Office of Secretary of State.]

The Humble Remonstrance of John Dunu To The Honourable
Samuel Ashe Esquire, President, & To the Honourable INIembers
of Council, now in Salisbury Assembled —

Sheweth,

That on the last day of July in the Year One Thousand Seven
Hundred and Seventy five, Your Remonstrant in Consequence of A
premeditated Scheme and Combination previously entered into by
AVilliam Kennon, Adlai Osburn, Samuel Spencer and others, their
Associates, Caused your Remonstrant to be Taken into Custody by
a number of Armed Persons, who were first Illegally sworn in pri-
vate for that purpose and by force was Compelled from his own
house in Salisbury to the house of Matthew Lock Esquire, where he
was detained many hours in the Night, as a prisoner under a
specious pretext that Some Gentleman 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 over in custody, who conveyed him
to Mecklenburg it being pretended, that the Committee of that
County was Desirous to Examine him with regard to some matters
which should be by them Enquired into. That notwithstanding
the Importunities and Earnest Scolicitories of several Gent" from
Salisbur}', ]Members of the Committee, and the then Council of
.Safety, who offered themselves as Securitj' and to be bound in any
Sum for my appearance the next daj' before the Committee in Salis-
bury. Notwithstanding I w^s forced away the same night to Char-
lotte, where we arrived the next day, and having Petitioned to have
a hearing before the Committee of that County which was likewise
Refused, and an Armed force of about Sixty horsemen were Ordered
to Convey me to Camden, from there to the Congress in South
Carolina and thence to Charles Town, where your Remonstrant
hath been detained a prisoner for upwards of Twelve months, Con-
trary to Every Principal of Justice and humanity, and Contrarj' to
a certain Resolve of the General Congress and in Direct Violation of
those Rights and Privileges which Americans contend with Great
Britain for" at this Time.

798 'COLONIAL RECORDS.

Your Remonstrant No\vJ^ra3's that you would in Justice to him-
self and his family who have Suffered Greatly on Account of this
unwarrantable 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 falsely suggested or alledged against him, by which he hoises to
Appear in a Different light than what has been represented of him,
and for a further Confirmation of his Innocence, Your Remonstrant
is Ready and willing to be Interrogated to Answer on Oath as the
Honble Board thinks it Necessary, and your Remonstrant will pray.

Sep-- IT" 1776. JOHN DUNN. '

[From MS. Records in Office of Secretary of St.yte.]

Letter from. Robert Williams to the North Carolina Council of

Safety.

CARTKKEr County, September tlie 14"", 1776.

On the 5"" instant as my Salt beds were promising something
considerable of Salt in a day or two, there fell a heavy rain and
blasted all my hopes for this fall, as before then the length of
nights chilled the brine and the decreas'd length of Days exaled it
much slower than four or five weeks before, and as the same dis-
advantages must increase till the nest Summer have quitted
the works for the present while I am getting in my much neglected
crop about 30 acres of rice. The Second Division of Salt works is
all levelled for my salt beds and the rest of the Ground in Great
forwardness, my ground timber is all fitted and scarfed, and lies on
the spot. Plank for the whole ready Jointed; It would be neces-
sary to finish that work and lay on water this fall, that Wood and
Soil may get fully saturated with saline particles against next Sum-
mer; for it takes abundance more time to season than I expected,
and everybody who have been making of Salt in the small way
hereabout have experienced the same. One Zach" Harker informed
me that in a wooden or Plank'd vat he has, he at first gathered not a
quart but in Continuation of 6 or 7 weeks came to Scrape a Bushel
or more at a time from water of the same quality as the first
Althougli wc begun several months too late yet bj' experience found

COLONIAL RECORDS. 799

out on trial, which perhaps we should not have otherwise i)roperly
investigated it may be of advantage to the public that some of
their money is laid out this fall, so as to be in best order against
next Summer. I still trust the works \\ill pay for themselves in
due time, if this climate will produce Salt as on the coast of France
and Portugal &c*, I am Certain our water is as fully impregnated
with Salt as theirs or more so, but their days are longer. Perhaps
tlieir winds are more keen than the Southerly Breezes on our Coast
which I observe contain a good deal of humidity until far to the
westward especially when on the eastern board. • .

Indeed so great has my Anxiety been for the preservation of the
Public even before I had tho" of being employ'd that I am per-
suaded few individuals felt so much as I did.

When at last I receiv'd your letter on the Subject, would not
have then engaged it being so late, but for fear the public would
have blamed me for not using my endeavours, but when I set about
it I went on with all the industrious rapidity in my power, over-
looked the shortness of time and the other numerous difficulties I
had to encounter, and my mind became animated with hopes of
accomplishing something for Public Good. I had a good stock of
provisions and utensils procured, built several necessary temporary
houses or plank sheds; dug wells; made near 40 Wheel and hand
Earrows Got Oxen Carts and Carriages upon the Spot, Employ'd
many hands until after a while and for some time work'd from 40
to GO or upward a day — my fatigue was great for some weeks in
Directing so many hands & new matters; the weather was close &
]-ainy & my feet almost constantly wet going to the woods where
my business frequently called me. I sufier'd much in my health,
my business and interest at home greatly neglected. Having thus
made a large and necessary preparation such as I judge the
exigency of the undertaking required, I set off upon a Double
work from the i", but not in such manner as to retard the comple-
tion of the first Division as quickly as possible. When Llackledge
first came I was just then getting and had nuiny trees in common
hew'd for the Second work and when he returned with your letter
were Chiefly laid in their Places and the first work or Division
Just fini.shed. Believe had you seen my Situation your Selves 3-ou
would have tho' most Eligible to go on as I did, though I confess
the works cost far more labour & time and the ground proved

800 COLONIAL RECORDS.

more Disadvantageous than I expected, haveing had man}- roots
upon Top and much dirt to move away.

I Judge upon pretty near Calculation, we have not Expended
above £160 upon the Second Division in wages since the first was
finished. Believe about £70 more will compleat the 2'^ part in a
manner much more effectual and promising of success. Nothing
points out to improvements and Shews Defects like an Essay or a
work finished. Generally every first undertaking will be defective
in p'.

I herewith seiid my Accounts nearly as they now stand, many
people are in want and several importunate with me for the
the Ballance of their wages. I am Certainly greatly distressed my
self having advanced all the money I had among them, so that I
have not the wherewithal to carry on my rice harvest nor to pur-
chase such domestic necessaries as times will afford. I must recjuest
you will order the Present ballance due to the works about £288
with or -without the addition of the £70 above mentioned towards
compleating what is on tlie verge of being finished.

I would liave waited on you myself but cannot for some weeks
leave home and my long neglected Business.

Who am your Friend,

ROBERT WILLIAMS.

P. S. Had no hands on the highest wages since I finished the
first beds, only two I had lately to get the 2'' jj' in order. I wish I
could be with you to answer such part of the accounts and explain
such other matters as you would want to know, which perhaps
would be too tedious for me to attempt with my pen.

I think I heard that Gallands Neck was valued being ab' 270
Acres at about £270, surely it would not sell for ^r of the money
exclusive of 3 or -4 Acres the Salt work stands upon, if any more
works are made there 10 or 12 Acres would be sufficient for the
Country but guess better places may be had hereafter. Although I
had Sufficient reason to fix there at the time I began as Tenders
with great reason were hourly Expected.

We have cut all the pines that we could find as at foot of the
ace', few would have squared 8 Inch at 20 feet long, nor one of them
maul into rails, the land for many years i^ast had been constantly
Pillaged by the town People. There is a bit of tolerable land
where a Plantation formerly was but the chiefest jiart is only low

COLONIAL RECORDS. 801

grassy piney Land -with tolerable Clay bottom and no ways prefer-
able to \nney land of the kind in Common; only for this disadv-an-
tage that it has no trees for turpentine, or rails, nor a knot of light-
wood left unpillaged.

[From MS. Records in Office op Secretary of State.]

Letter from .John Penn, Delegate in the Continental Congress, to the
Council of Safety.

Deak Sin, " P^"^^ Sep' 16*, 1776.

I wrote to you by Thomas Hayward, Esq., one of the Delegates
of So: Carolina, that General Howe was in possession of Long
Island as also the manner in which we left it. General Sullivan,
who was made a prisoner on that occa.sion, was sent here lately by
Lord Howe with a message that his Lordship was very desirous to
converse with some of the members of Congress as private Gent°
and that he would meet them as M' Howe, that he had great powers
from the King to negotiate a peace, tho' we were pursuaded that he
only intended to throw the odium of carrying on the war on the
Congress having no reason to believe that he had any such author-
ity. Yet to counteract his design Docf Franklin, John Adams &
Edw'' Rutledge, Esq", were directed to meet his Lordship not as pri-
vate Gent" but as a Committee of Congress to know of him what
his powers were if any he had to treat with the Congress on thg
Subject of Peace.

The Gent" had a conference with Lord Hovfo who owned that he
had no terms to offer to America and was not at liberty to treat with
any set of men who were Representatives of the People, that he had
a right to converse with Individuals & represent to the King the
substance of what passed. I hope this will have a good effect as it
will satisfie the people at large that we have no alternitive for our
safety but our spirit as Soldiers.

The Congress have left the sending two Battalions from N° : Caro-
lina with General Moore to New York altogether to the Council of
Safety. I would not advise the sending them at any rate as it is too
late in the year. I suspect General Washington will remove from
New York into King's bridge so that the enemy will take possession
of the Town, this, will be of no great consequence as it is nearly an
Island & we shall be able to confine them in it.
VOL. X — 51

802

COLONIAL RECORDS.

The Army under General Gates were recovering their health and
spirits, sve have also a considerable Fleet on lake Champlain.

The last letters we had from Martinique mention that there is
great reason to expect a war between France & England will break
out soon in consequence of the protection given to our Vessels.

I wisli the Council of Safetj- would signifie their pleasure to your
delegates about our being at the next Convention at Halifax, indeed
my Friend we shall have very little to do in Congress of any great
importance untill we know what reception the confederation plan
will meet with in the different States. Hooper as well as myself
would be glad to come, it is what has been done in these States; do
leave it to us to determine; you may depend we will not leave the
Congress if anything of consequence should require us to stay.

I am Dear Sir

Your Most Obd' Serv'

JOHN PENN.

Perhaps it would be better to direct that we should come.

Since we are to raise such a numb"' of Battalions would it not be
prudent to stop the officers of the neighbouring States from inlisting
any more men in N" : Carolina untill we have compleated our
Quota.

Since writing the above I hear General Washington has removed
from New York so that Lord Howe I suppose is there, it was pru-
dent or otherwise he might have been surrounded. J. P.

[From MS. Records in Office of Secretary of State.]

The IG'" Sept", 1776.
A Return of Cap' .John Dickerson's Company of Light Horse.

COMMISSIONED

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COLONIAL RECORDS.

803

[From MS. Records in Office of Secretary of State.]

A General Return of the Artillery Company and Gunners' Stores,
Coramaudecl by Captain .John A^'ance.

AViLMiNGTON, Sep' m\ 1776 — Cobham's Hill.

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JOHN ALLEN, Lieut. Artillery.

[From MS. Records in Office of Si!CRetaet of State.]

The Petition of Sundry of the Inhabitants of Guilford County to
the North Carolina Council of Safety at Halifax, Humbly sheweth.

That Whereas a Certain Jeremiah Fields, now a prisoner in Fred-
erick Town in the province of Maryland, was on or about the 8"" of
February last taken jsrisoner for having taken up arms agaiu,st the
glorious Cause of Liberty & Continued from that time as a prisoner
of Warr, and Whereas your petitioners are of opinion that the said
Jeremiah Fields is by far less Criminal in that case than most of
those infatuated unhappy persons that formed that diabolical scheme
of subjugating this Province, Your Petitioners having from good
authority to assure your Honours that the said Jeremiah Fields
hath frequently expressed his approbation of the Common Cause of
Liberty both before and since his unhappy confinem' and that his
reasons for joyning the Tory party was entirely on ace' that he had
been out Law'd by tlie province as a regulator and that lie was

804 COLONIAL RECORDS.

assured by the Government that nothing less woud procure his par-
don ; that notwithstanding this he, the said Jeremiah Fields has in
the hearing of some of your petitioners wished success to the cause
of Liberty, and that he has behaved himself Moderately on all
Occations, Your Petitioners are therefore of Oppinion that the said
Jeremiah Fields acted under the Immediate Influence of his more
designing Neighbours, being himself Ignorant as to Letters. We
your Petitioners, therefore, sympathising and deploring the unhappy
case of the said Jeremiah Fields in his being detained from a dis-
tressed wife and a great number of small Children, and apprehend-
ing that the said Jeremiah Fields is really a friend to the Common
Cause, Humbly Pray your Honours to take the case of this unhappy
man into your serious Consideration and permit him to return to
his family on security for his good behavour or otherwise, as in your
Wisdom you shall think Meet, and as in duty bound your Petitioners
will ever pray, &c.

SAM' BELL, C. M.,

WILL. DENT,

ROB. M^KENSIE,

JAMES BELL, 1- Committee.

ALEX. CALDWELL,

WILL" GOWDY,
■ WILLIAM PEASLY,

EDWARD HUNTER,

FRANCIS MURRAY,

THOMAS JENKINS,

HUGH BRALY.
September 18*, 1776.

[From MS. REConDS in Office of Secretary of State.]

Letter from the Noi'th Carolina Delegates in the Continenal Congress

to the North Carolina Council of Safety.
Gentlemen,

We wrote the honourable the Council of Safety by M' Hayward
who left this sometime since. We then inclosed you a Resolve of
the Continental Congress directing Brigadier General Moore with
two of the Continental battalions which were raised in the State of
North Carolina to proceed to New York with all possible expedition.

COLONIAL RECORDS. 805

A furtlier Revision of tiiat subject together with some private infor-
mation by letters of the present state of Our Countrj' have induced
your delegates to obtain an alteration of that Resolve, from which
it will appear that the movement of our Troops is now left to the
discretion of j'our honourable Body, and considering that you are
now engaged in a war with the savages on j'our frontiers, and have
nothing to expect from the disposition of the late insurgents but
hostilities as soon as their fears have so far subsided as not to restrain
them from such attempts, We are induced to hope that you will
retain within yourselves the Regular troops as they ' seem to be
absolutely necessary for our own sccurit}'. And it may be viewed
almost as a certainty that General Howe instead of keeping his
Army in Winter Quarters idle will make a formidable diversion in
a Southern Climate which will call forth your utmost exertions to
ojipose v.'ith success.

We need say nothing to you who have so well considered and
digested the matters to induce you to compleat to their full number
the Continental Battalions which have been raised in our State. The
inclosed system agreed upon by Congress for the modelling a new
Army holds forth such encouragement that we flatter ourselves you
will find no difficulty in carrying into execution that part of the
plan which has been allotted to j'our share. The Bounty proposed
is liberal and aided with the stimulus which ever}' honest American
does or ought to feel effectually to establish the liberties of America
upon a pure and solid basis we hope to have an opportunity soon to
congratulate you, that it has obtained for you an additional force
which will effectually baffle the future efforts of our Enemies.

You will observe that in addition to the six Regiments already
raised by you, you are impowered to raise three more. Should j^ou
think yourselves inadequate to so large a number you will as early
as possible represent such your incapacity to Congress who will no
doubt make such alteration as will suit your circumstances, tho' we
hope that you will find no difficulty in complying with this Resolve
to the full as you will no doubt be often called upon hereafter to aid
the weakness of South Carolina and Georgia, and the calling forth
the militia is so expensive and burdensome that it ought as much as
possible to be avoided.

Would it not be advisable to draw your scattered troops together
as soon as possible that they may be ready to co-operate as soon as
their whole strength may be recj^uired to oppose the Enemy. We fear

806 COLONIAL RECORDS.

the effects of a Southern Climate upon those which General Lee has
led to Georgia. Wliat may be his views we cannot ascertain but
surely the object ought to be of the last necessity to justify a meas-
ure which must, even without an opposition from an enemj', involve
the loss of so many brave men from the Inclemency of the season,
fatigue & our Troops being almost naked.

We shall write you very fully by M' Hewes who leaves this in a
few days. In the mean time we beg leave to subscribe ourselves
with all possible respect Gentlemen,

Your most Obed' Humble Serv'°,

W" HOOPER,
JOSEPH HEAVES,
JOHN PENN.
Philadelphia Sep' IS* 1776.

[From MS. Records in Office of Secretary of State.]

Letter from the North Carolina Delegates in the Continental Con-
gress to the North Carolina Council of Safety.

Gentlemen :

We wrote you very lately by M' Wyriottof Georgia, &, shall write
you very fully by M" Hewes in a few days.

This goes by M' Milles who returns to acquaint you with the
result of his agency. We regret with him that it has not been
accompanied with the successes that you had reason to expect from it.
Nothing was wanting on his part tliat the most earnest zeal for you
coald prompt, and we have co-operated with our best endeavours to
carry his designs into execution. But such is the demand for work-
men in every branch of the Iron manufactury and the Wages so very
extravagantly high that men who have anj^ pretentions to skill in
the Ijusiness cannot be prevailed upon to leave home. A\'e have
been under the necessity to purchase a light Waggon and two horses
to remove the Man whom he has emplo3'ed together with the Pat-
terns of Pots which we have been so fortunate as to secure tho' at a
great price, as they were tlie only ones to be sold in the province of
Pennsylvania.

We have advanced 100 dollars to M' Milles for which he will be
accountable lo you. We have been induced to this from an expec-

COLONIAL RECORDS. 807

tation that on his way out he may meet some workmen who may
answer his purpose & to wliom it ma}^ be necessary to pay something
in hand to induce to accompany him to Carohna.

We are Gentlemen with great Respect

Your Obed. Humble Serv"

WILL. HOOPER,
JOSEPH HEWES,
JOHN PENN.

Inclosed is Expence of the Waggon & Horses.
Philadelphia, Sept. 23'*, 1776.

[Feom MS. Records in Office of Secretary of State.]

Letter from the President of tlie Continental Congress to North Caro-
lina Council of Safety.

Philadelphia Septem' 24"', 1776.
Gentlemen,

You will perceive by the inclosed Resolves, which I have the
Honour to forv\-ard, in Obedience to the Command of Congress, that
they have come to a determination to augment our .Vrmy, and to
Engage the Troops during the Continuance of the War. As an
Inducement to enlist on those Terms, the Congress have agreed to
give, besides a Bounty of Twenty Dollars, a hundred Acres of Land
to each Soldier; and in Case he should fall in Battle, thej^Jiave
resolved, that his Children, or other Representatives, shall succeed
to such Land.

The many ill consequences, arising from a short and limited
lulistmeut of Troops, are too obvious to be mentioned. It is suffi-
cient to remind you, that the Fall of the late Gen' Montgomery
before Quebeck, is undoubtedly to be ascribed to the limited Time
for which the Troops were Engaged ; their Impatience to return
Home, having laid him under a Necessaty of making the attack,
Contrary to the Conviction of his own Judgment. This single Fact,
independent of other arguments, furnishes a most striking Proof of
the Danger & Impropriety of sending Troops into the Field, under
any Restriction as to the Time of their Inlistment. The noblest
Enterprise maybe left unfinished, by Troops in such a Predicament,

808 COLONIAL RECORDS.

or abandoned at the very moment Success must have crowned the
Attempt.

It is extreemly evident, that without a well disciplined Army, we
can never expect Success against A-^eteran Troops ; and that it is
totally impossible we should ever have a well disciplined Army,
unless our Troops are engaged to serve during the War. To accom-
plish therefore this most desireable End, I am to request you v/ill at
once, and without a JMoment's delay, bend all your Attention to raise
your Quota of the American Army. The Times call for the greatest
dispatch and vigour of Conduct. When the bloody Standard of
Tyranny is erected in a Land of Freedom, no good man, no Friend
of his Country, can Possibly remain an inactive Spectator of her Fall.
Display therefore, I most ardently entreat you, that Virtue which
alone can save her on this Occasion. Let us convince our Enemies,
that as we entered into the Contest for the defence of our Liberties,
so we are resolved, rather then relinquish it, bravely to perish in the
last Dyke of our Country. If we do but remain firm — • if we are
not dismay'd at the little Shocks of Fortune, I am persuaded, under
the Gracious Smiles of Providence, assisted by our own most strenu-
ous Endeavours, we shall finally succeed agreeably to our wishes ;
and thereby establish the Independence, the Happiness, and the
Glory of the United States of America.

As the Troops now in the Service belonging to the several States,
will be considered as a Part of their Quota, you will please to take
such Steps as you may judge Necessary to ascertain what Number
of the Troops, as well as what Officers belonging to your State, will
engage to serve during the War. I send by this Express, blank
Commissions, to be filled up with such Officers as you shall please
to appoint. I forward Likewise a Number of Rules and Articles of
War, as just altered and published by Congress.
I have the Honor to be Gentlemen,

Your most Obedient and very Hum"" Serv'

JOHN HANCOCK, Presid'

COLONIAL RECORDS. 809

[From MS. Records in Office op Secretary of State.]

Letter from James Lloyd to George Hooper.

BosTox, Sept' 24*, 1776.
Dear Sir:

It was with real pleasure that I received a Letter from the son of
my old and very Much Esteemed Friend; your Father's memory will
ever be Dear to me. He was a most Accomplished Gentleman, and
cue of the best Friends I ever had; and it gives me particular sat-
isfaction and pleasure to know that you are yet Living, that you
are Blest with an Amiable Family, and that you enjoy the Comforts
of life. May these Blessings be long continued to you and yours.

I am sorry it has not been in my power to render your amiable
Friend, M'" Jones, all that polite attention I could wish, oweing to
M" Lloyd's Extreeyi 111 Health. At the time of ;M" Jones' arrival
I had but little hopes of her recovery, but thank God she is now
better.

I have paid all the attention in my power to M" Jones disorder in
her Eyes, & made such Applications as I judged most likely to serve
her, but with very little effect. I apprehend the complaint to be a
begining Cataract (a disorder but little in the power of Medecine).
Should she hereafter become blind (which I think doubtfull), she
may be releaved by couching, which I v/ould never advise while
any tolerable vision remains & then on but one Eye, least the other
might be injured by the consequent Inflammation attending the
operation, & the Sight of one Eye will answer every necessary pur-
pose. M" Lloyd & My Daughter Roslund unite with me in our
best regards to M" Spence, yourself & famil\', and believe me to be
with much esteem & regard.

Dear Sir, y Affectionate Friend

and very obed' Servant,

JAMES LLOYD.

810 COLONIAL RECORDS.

[FnoM MS Records in Office of Secretary op State.]

Letter from the North Carolina Delegates in the Continental Con-
gress to the North Carolina Council of Safety.

Gentlemen,

This will be handed to you by. our worthy Colleague M"' Hewes
who after a long and diligent attendance in Congress, and the
different committees of which he has been a member is now uj^on
his return home. From the large share of naval & mercantile
business which has been allotted to his attention by Congress, his
health has been much injured; we wish his Journey may tend to
restore it & that he may enjoy in his recess from publick employ-
ment much happiness among his Countrymen whom it has I^eeu
his unwearied endeavour to Serve while he has been in publick
trust.

M' Hewes will inform you by letter or in person of the State of
our public affairs, of the Situation of our Army at New York and
whatever else that has occurred in tliis quarter which may imme-
diately or in its consequences operate importantly upon the State of
North Carolina. The Check whicli the American Arms have lately
received on Long Island reflects no dishonor ujion those who" bore
them. The struggle was bravely maintained by our young Soldiery
and to a want of Generalship in some of our inferiour officers is to
be ascribed the neces^itj' we have been under of relinquishing so
important a Post. To the honor of 3000 Troops which we had that
day upon the Island it will be remembered that they op})Osed,
fought and for many hours maintained their ground against the
Enemy's whole force which at th.e least on that day outnumber''
them by 12,000. They cut their \\'ay thro' the main body & marked
their retreat with the blood of great numbers of the Enemy who
we are well assured lost in killed more than fell on our side. From
the Enemy's obtaining possession of some advantageous heights on
the Island our works were commanded by them and were no longer
tenable, under these Circumstances Gen' Washington thought it
prudent to draw all his Strength to New York, this retreat was
effected without any loss to us and in a manner which reflects great
Credit upon the Military Abilities of our commanding officer.
Unfortunately for us New York being accessible to the Enemvs

COLONIAL RECORDS. 811

Ships, and lying much lower than Long Island was exposed to all
the Enemy^ Batteries without a possibility of injuring them in
return. This rendered the City a post wliich from the nature of
things & the manner in which in all probability the Enemy would
conduct their operations could not long be a jjlace of Safety for our
Army. Our Cieneral foresaw the difficulty & bestowed the utmost
endeavours which human prudence could suggest to provide a safe
retreat for liis Troo2:)s & to prevent our Stores falling into the Ene-
my' hands. The first has been effected without loss, the latter in a
great measure the difficulty of removing hea\'5^ Cannon was a great
obstacle to the perfect accomplishment of this. The General is now
at the hights about 9 miles from New York with his xVrmy posted
advantageously. Should the Enemy attack him there we hope he
will give a good account of them. Thus we have given you a
general view of our military matters tliat you may not be alarmed
witli false rumors & that you may be furnished with materials to
confute the misrepresentations of wicked men who are already
pluming themselves with this small success and Striving to dispirit
the good friends of America by falsehood and exaggeration.

Sept 19'" — In obedience to your orders we have directed the
several parts of Brownrigg's Essay u[)on making Salt by Sun Evapo-
ration or by Culinary fire to be extracted and published so far as
they would apply to the Circum,5tances of our State and afford
information which might be useful to those who may attempt the
manufacture of Salt in N°: Carolina. The pamphlets have been
printed with as much Economy as possible, that there being no
occasion for a parsimonious distribution of them, they might fall
into manj^ hands and induce great numbers to trj^ an experiment
upon which so much at present depends & in which Success is so
easily attainable.

The Salt pans are engaged tho' it has cost us much trouble to
prevail upon any one to undertake them. The Blacksmith's here
have such full employment in the common routine of their trade
that they are averse to any "Work which takes tliem the least out of
the common course. The man who is now at work upon the pans
has engaged to finish them in four AVeeks, We have Some doubt
whether he will not claim the allowance of an additional Week.
He shall not want frequent applications from us to Stimulate him
to be expeditious as we know the urgent necessity which you are
under for them.

812 COLONIAL RECORDS.

By this or the next Opportunity we think it would be proper that
you should direct in what manner they should be transported to
j-QU, by Water or by land. The Congress have directed a packet to
\i\y between this & our State. Should you approve of that mode of
conveyance it shall be embraced as Waggonage will be very expen-
sive. We will send you the weight & size of the pans as nearly as
they can be ascertained before they are finished that you may pre-
pare proper works to receive them.

The Pamphlets directing the mode of Salt making go in the Con-
gress packet boat to Edenton, v.'hich sails in a few days from thence,
and they will immediately be sent to you or where you shall order
them.

The Military books which you ordered went with the Gunpowder,
except 14 "\''olumes which we send packed up with the salt pam-
jihlets. These are entitled the Field Engineer. It is thought a
performance of Grcai; merit and from the favourable reception with
whicli it has met with here among Gentlemen in the military line
we have been induced to send a few copies of them to you, as prac-
tical Engineering is but little understood amongst us and it is a
science both in theor\' and practice essentially necessary in the con-
ducting this war with success.

We hear with great satisfaction of your Intentions to carry on the
Iron Works upon Deep River upon an extensive plan, which shall
comprehend not only the manufacture of military stores but family
utensils which we shall not be able to procure elsewhere but at a
great expence. The design is great and if carried literally into exe-
cution will not only be attended with great advantages to ourselves,
but will make us importantly useful to our southern neighbours to
whom nature has not furnished the means for similar undertakings.

We have given every possible assistance to M" Milles while he has
been here to make his journey hither successful and to eompl}^ with
the views of your hon"' body! We regret that our endeavours have
not met with that success which our Industry and exertions seem to
entitle them to. We have yet been able to procure only one work-
man, and he is ignorant of the casting of Cannon. M' Milles on
his way home lias some expectations of of procuring a German who
has the reputation of being skilled in the latter branch. If he is so
fortunate we shall congratulate you upon the consequences of his
embassy. We have yet been able to procure no j)atterns for casting
pots, without which the work cannot proceed. We are flattered with

COLONIAL RECORDS. 813

the expectation of M' Milles. finding a set at Lancaster. If he gets
them he must pay a great price as we are told that they are the only
set now for sale in this State. We should not do justice to M' Milles
if we did not assure you that he has been extremely assiduous to
comph' with the intentions which you had in sending him here.
From the best judgment we can foi-m of his abilities as well as the
observation of others he is well qualified to superintend the works
you propose to erect and seems to have the undertaking very near
his heart. Indeed he has done everything here that 3'ou could
expect from the utmost fidelity skill and Industry. The zeal with
which all the Iron works are prosecuted here leaves very little
opportunity to prevail on workmen to go abroad when their services
are so well rewarded at home. We have bought a waggon and two
horses to transport the man he has employed & his baggage and the
patterns. You will learn the Expence from M' Hewes, and we
doubt not the articles will sell with you at least for what they cost.
Should that be the case our views will be answered, which are to
consult all possible Economy in this as in every other matter com-
mitted to our care.

24'\— M' Milles left this yesterday. He takes with him one Ball
who has undertaken to cast pots and other open ware for us. Milles
on his way in the neighborhood of Lancaster ex^Dects to procure a
Cannon founder. There he takes up the patterns. We have
advanced him 100 dollars which we beg you to note in your settle-
ment with him.

20"". — Yesterday Evening we applied to the man employed to
make the salt pans. He, notwithstanding his most solemn engage-
ments to us, has not yet begun them. We feel ourselves much hurt
bj' this disappointment, but must submit with patience to the caprice .
of the Blacksmith, as he is the only person in the City who will
undertake this Business. We shall not cease to stimulate him to
his duty if the most pressing importunity will avail anything.

AVe inclose you herewith the plan for raising the new army, from
which you will ol:)serve what proportion of strength the Continent
expects to derive from the State of North Carolina in the next
ensuing year. We shall perhaps meet some difficulty in accom-
plishing the whole of what is required of us, but considering the
great advantages which must result to us in point of local provincial
security and defence against our Enemies in case we should. effect it,
I doubt not our utmost endeavours will be exerted for this desirable

814 ■ ' COLONIAL RECORDS.

purpose. To possess within ourselves a s'rengtli competent for our
defence without calling upon our neighbours, will give us an Inde-
pendance and self Importance which must rank us high in the scale
of the States. It will save us the necessity of drawing forth the
militia to a service i3eculiarly burdensome to men the subsistence of
whose families and of the State at large depends upon their continu-
ance at their homes and the Cultivation of their lands. It will give
circulation to the vast quantity of paper currency which we have
amongst us and which without this will become a dead weight upon
us, a medium infinitely beyond the Exigencies of Trade and com-
merce, checked as they are within our State. This is not all; the
Farmer will find a ready sale for his commodities, and so many
craving mouths will go far to consume the great ciuantities of pro-
visions which would otherwise perish on the hands of the Planters.
It will give occupation to many who in the present stagnation of
trade would be without employment, and from being Idle might
become disorderly and dangerous to society. But to comprehend in -
one a thousand substantial goods which will be produced by it, It will
lodge amongst us, or give us a Credit with the Treasury of the United
States for a large sum which will tend to assist us in the discharge
of that immense load of debt which the struggle for our liberties
hath already and must hereafter cost us. We beg pardon for dwell-
ing upon a subject which you have already anticipated. We feel
so forcibly the prudence of the measure we urge, that oar earnest
wishes for the happiness of our State have perhaps led us beyond
the rules of sti'ict propriety.

We cannot conclude this matter of Military arrangements with-
out hinting to you the great probability there is that Lord Howe will
attempt a descent upon some part of your State during the winter Sea-
son. The happy temperature of our Climate at that season of the year
is e.x'ceedingly well calculated for a campaign, without endangering
their healtli, when otherways in an Eastern State they must lie idle in
Winter quarters expensive to Britain & without any Employment.
From General Howe's large Army He can spare a very considerable
force. His Object during the Winter will in tlie Eastern Colonies be
only to secure the Conquests which he has made, and with works to
defend him & the Necessity our army must be under to go into
AVinter quarters, a part of his jVrmy will be fully competent to
that purpose. The Southern Colonies are a tempting morsel to
them & they have not forgot their disgraceful expelition at Cliarles-

COLONIAL R?:C0RDS. 815

town and no duul)t will strain every nerve to retrieve their Honour.
This calls for our most serious attention that in this day of leisure
and safety nothing may be unessayed which may tend hereafter to
repel the Efforts of ouv unrelenting Enemies. Batteries where they
can be erected to advantage, Obstructions in rivers which nature
has made most accessible to Shipping, works thrown up at defiles
and narrow passes — Redoubts — Block houses & many other prep-
arations familiar to military Gentlemen would be a proper employ-
ment for our Soldiery while an Enemy is at a distance and render
■ him less formidable when near us. We need say nothing more
inducing an attention to these concerns, than that if General Howe
should' get a firm footing in Carolina and be a'ble to establish there
again the Government of Britain It would affect the Continent at
large and go far to the subjugation of America & the total ruin of
our Cause.

We shall send Cloathing for the soldiers as soon as Waggons and
Horses can be procured. We think the Risque too great by Water,
as in case of a Capture or loss they could not be replaced from the
present scarcity of materials. We refer you for the matters which
we have omitted to our friend M' Hewes & beg leave to subscribe
ourselves with great respect

Your obed' Humble Servants

W" HOOPER
JOHN PENN.

P. S. We wrote you by M"' Wyriott & Milles, since which Gen'
Washington has had a Skirmish with the Enemy — defeated them,
drove them from their ground & killed wounded & taken about SO
or 90. This tho' trifling in itself will we hope be important in its
consequences as it has given great s;)irits to our .soldiery.

Yours &c..

[Fkom MS. Records ix Office of Secretary of State.]

Letter from William Hooper to Samuel Johnston.

This, my Dear Sir, is truly confidential. Were it not that my
friend Hewes is to be the bearer, I should not trust out of my own
hands a letter which may be attended with unhappy consequences

816 COLONIAL RECORDS.

should it fall into the power of any one disposed to make an
unfriendly use of it. I have waited impatiently for our puhlick
affairs to take a favourable turn to the Eastward before I set down
to delineate to you the state of them. I have waited to little pur-
pose; every day gives a blacker tinge to the picture, and I assume
my pen at this stage of them, least I should be induced hereafter to
turn from the j^rospect with abhorrence and be averse to trouble j'ou
upon so unpleasing a contemplation. You will feel yourself little
obliged to me even now that I draw off your attention from the
endearing concerns of private and domestick life, from the recesses
of rural and philosophic retirement, to fix it upon scenes that charac-
terise human nature in its most depraved state, and almost tempt a
man to arraign providence that he has been ca.st into being at a time
when private & political Vice is at a Crisis & the measure of Liiquity
full and overflowing. But, Dear Sir, It becomes our duty to see
things as they are, divested of all disguise, and when the happiness
of the present age and of Millions yet unborn depends upon a
reformation of them, we ought to spare no pains to effect so desira-
ble a purpose. I know it to be ver}' unpolite to dwell upon his
losses to a man who is unlucky, but when you play so deep a hazard
as at present, you ought not to be kept in Ignorance how the Game
runs.

After the constant employment of the American Army during a
whole summer in fortifying Long Island and New York, General
Howe landed with his Army on the former, and being opposed with
a handful of our troops, wliose bravery did honour to the glorious
cause they fought for, with greatly superior numbers Howe bore
down all resistance, and after having killed and wounded many and
taken near 1000 prisoners, retired to his Encampment now enlarged
by that jaart of the Lsland of which he had dispo.ssessed our friends.
Our men now confined to their lines were thought unequal to the
defence of them, the Enemy possessed of Heights which our Troops
with all their opportunities had neglected to fortify, had the entire
Command. Our General wisel}' ordered a retreat, which was con-
ducted without any loss but that of our honor. New York received
us in our retreat, but from what you know of its situation, not to
hold us long. AVe retired with the loss of great part of our Stores
in sight of a victorious Enemy, abandoning their works which had
been reared at an immense expense without any use but to stand as
monuments of the absurdities which must ever attend a War con-

COLONIAL RECORDS. 817

ducted v\'ith raAV, undiscijilined Troops in the field and want of polit-
ical experience in the Cabinet. Would I could draw a veil of
oblivion over what ensued. The Enemy attempted to land a body
of Troops near Haerlem where we had two Brigades of Eastern
forces stationed. Our men made way for them as soon as their
arrival was announced. They saw, they fled, not a single man faced
his Enemy or tired his Gun. Our brave General flew to the scene
of Action, but not a man would follow him. AYith prayers,
entreaties, nay tears, he endeavoured to cause them to rally. At one
time sixty of the Enemy, separated from the main body, had tlie
pleasure of pursuing two compleat Brigades of New England Heroes.
Where then had fled '' That si)irit of freedom which animated them?
"Where vrere then the Yeomanry of a Country, Men of property, not
" mere mercenaries, who fight the cause of freedom, and will succeed
"or perish with it." Mere words of puff vox et praeierea nil.

Washington is now at Col. Roger Morris's advantageously posted,
His arm}' however in a condition far from pleasing. The scarcity
of clothes of all kinds prevents their being cloathed and covered as
t!ie season requires.' Near 4000 of them are now sick, which is but
small compared with them who have been returned formerly in tliat
state. He has had an immense deal of trouble with the JNIilitia,
who from real or feigned sickness have been a constant burden to
the army without any use whatsoever. Of 13 battalions of Connec-
. ticut Militia all but 700 deserted, and these he dismissed to save
such a burdensome Expence, without any benefit resulting from it.

I am sorrj' .to find that my Countrymen are become a byword
among the nations — Eastern Prowess — Nation poorly — Camp Diffi-
culty are .standing terms of reproach and dishonour —^ they suffer in
the comparison with the troops to the Southward of Hudson's River
who have to a man behaved well and born the whole brunt on
Long Island — and that for which the Eastern troops must be damned
to eternal fame — the}' have plundered friends and foes without dis-
crimination. When I commend the Southern Troops I except tlie
Philadelphia City Militia who Poltroon like deserted their station,
not being able to bear the absence of the Muskets.

All this is in a great measure to be ascribed to the present footing
upon which our army has been enlisted.' The Enlistments have
been so short that they were scarce on the field before it was time to
disband them. They acquired no military knowledge from Expe-

VOL. X

818 COLONIAL RECORDS.

rience. Their service was too short to establish subordination and
discipline amongst them.

Another great grievance has been the want of proper officers to
command. The scantiness of pay or some other cause has drawn few
Gentlemen into commands; Offices have been chiefly distributed
amongst men to the Eastward who aimed at nothing but popularity
in the army and knew that nothing would sa effectually secure it as
condescension and equality. Judge what would be the privates when
such were the officers. I am told that they have even stimulated
their men to desertion to find an excuse to follow them, and the
Regimental Surgeons have taken bribes to certify sickness in order
to exempt soldiers from Duty. It is a fact that a Connecticut Militia
Brigadier induced his whole Brigade to run away and then most
bravely run away himself.

In a word I begin to believe that patriotism among the common
soldiery is a bubble and that pay well and hang well are the grand
secrets to make an array — that this is a mere machine,- that ought
never to think, or act but when acted upon ; that it requires skilfuU
artificers or officers, to wind up and conduct its movements, for when
left to itself it will soon run down or go into irregularities which
must produce confusion and ruin to itself. If once a soldier is suf-
fered to think for himself or reason upon the j^ropriety of the com-
mands of his Officers — farewell to suddenness and decision in exe-
cution. These are the imjjerfections of our present army. The
inclosed will shew you the method which we have adojited to
remedy them.

Thus we stand alike and contrasted — Washington brave, Howe
brave. Howe Experienced, Vv'^ashington not. HoAve's army discip-
lined, orderly, satisfied, well found with everything. Washing-
ton's, raw troops, disorderly, discontented and wanting almost every-
thing necessary for cloathing, and very many for defence & the term
of Enlistment nearly expired. Don't start from the picture. It is
taken strictly from the original, and far from exciting desp;ur it
ought -rather to rouse us from our Lethargv and induce us to remedv
the Evils while in our power for yet they are so. By way of
back shade to the painting I would inform you that a few days ago
a detachment from the Enemy took possession of our works at Paulus
Hook, the guard we had there retired and left them a bloodless
conquest. Hewes will inform you that we lately had some advan-

COLONIAL RECORDS. S19

tage in a skirmish with the Enemj-. Tliat perhaps has proved to
keep togethei" our present Army.

Our privateers have been successful. I will not say anything of our
Continental Ships lest I should infringe upon Hevres' department. I
fear that the want of Men & Cannon will prove an insuperable
obstacle to their Movements.

To what accident it is to be ascribed I know not Ijut since Howe
got possession of York above one-third of the City has been con-
sumed by tire. It is reported, I know not with what truth, that
Howe who is obliged now and then to condescend to humour the
Hessians gave them one day to rejoice & riot & that in the heat of
their festivity they made a Bonfire of the City. So says Rumour.
Others with less probability ascribe it to our forces who were 9 Miles
distant from it at the time.

The Successes of Howe have given a strange Spring to Toryism ;
men who have hitherto lurked in silence and neutrality, seem will-
ing to take a side in opposition to the liberties of their Country.
Toryism is a Strange Weed, the growth of a barren soil whose vege-
tation is not pi'ogressive, but is indebted for a sudden Existence to
the Sunshine of prosperity and perishes as soon as that leaves it,
having nothing radical in itself or the soil from which it springs to
continue its existence longer.

You have seen the constitution of Pennsylvania — Humano capite
cervix cquinna juncfe —the motlej^ mixture of limited monarchy,
and an execrable democrac}' — a Beast without a head. The Mob
made a second branch of Legislation — Laws subjected to their
revisal in order to refine them, a Washing in ordure by way of
purification. Taverns and dram shops are the councils to which
the laws of this State are to be referred for approbation before they
possess a binding Influence. No man to be an Assemblj-man unless
he believes in Cod. Is Irreligion then the flourishing growth of
Pennsylvania and is Atheism a weed that thrives there? Sure this
insinuates as much. It is a melancholy consideration, that publick
proceedings now are in a great measure the histories of those con-
cerned in them — and popularity — Interest — Office, are the strong
outlines which mark the production — in this Instance they all work
powerfully. I shall lament that any prepossession should have tiiken
place in Carolina in favor of the wisdom in politicks of this State;
or that the name which authenticates the public Acts of Convention
should have any weight to give such a plan a currency. It is truly

820 COLONIAL RECORDS.

the Excrement of expiring Genius & political Phrenzy. It has
made more Tories than Lord North ; deserves more Imjjrecations
than the Devil and all his Angels. It will shake the very being of
this once flourishing Country.

Bnt I am at the Bottom of my pag^, I have performed all I
j)romised & have given you a Tale — piteous truly piteous, and will
now leave you to indulge all the luxury of melanchol^y & distress
for our bleeding Country — Do not however imagine that I rather
delineate the history of my own mind than a state of facts as they
are unwarped by Gloomy fancy — Do not mistake me, my spirits
have not failed me — I do not look upon present ills as incurable, I
never considered the path to liberty as strewed with roses. She
keeps her Temple upon the highest Pinnacles on Earth ; the}' who
would enter with sincerity and pure devotion, must climb over
Rocks & frightful precipices covered with thorns & weeds; these mis-
carriages will be frequent & how many thousand must perish in the
pursuit, but the prize is worthy all the fatigue and hazard, and the
adventurer when at his .Journey's end will look down with pleasure
on the difficulties he has surmounted, & with triumph count
the glorious wounds that have purchased to him and posterity the
invaluable blessing. Thus I sport in the field of Metaphor, more
at ease than I till now thought myself capable of. It is the stand-
ard -which every man at the present da}- sliould bring himself to,
and were I to choose a motto for a INIodern Whig — It should be —
"Whatever is, is right" — & on the reverse "Nil dcsperandum." May
you and yours ever feel those blessings which are the result of
genuine goodness of heart, and may the misfortunes of the public
never intrude themselves upon your domestiek peace.

When I began this scrawl I intended it only for you. I have been
led into a train of scribbling which has not left me a moment to
write to the man whom I love and esteem, Mr Iredell. In supreme
confidence give him a sight of this and beg his rememberance of Me.
To Your & his family pray ofter my most respectful Compliments &
believe me to be with Unaltered Esteem & Affection

Your Friend
WILLIAM HOOPER.

Philadelphia, Sep' 26'^ 177G.

COLONIAL RECORDS. 821

[From MS. Records in Office of Secretary of State ]

Letter from Jolni Green to the Nortli Carolina Council of Safety.

New Bern, September 2S'^ 1776.
Sir,

Pursuant to a Resolve of Your Board impowering me to purchase
Sundry Articles for the use of the Public, I am to inform you I have
Vested the amount of the draught in my favour for that purpose in
Cloth, Powder and shoes, all which (together with the different Bills)
are ready to be delivered to Such person as you may Judge proper to
receive them. As I have laid out all the money for those Articles I
should be glad to know whether I am to decline any further pur-
chases for the public. Amongst the diflerent Articles purchased I
have 408 p'' sho^s and am LTnder Contract for 200 p'' more to be
deliver'd in October, thinking they will be a Necessary article this
AViuter, but if the Council shou'd be of opinion that the Troops will
not want them, my Contract will be of no disadvantage to me, as I
can sell them again in a short time with a profit. The Letter of
jMarcjue Schooner Johnston, the Lilly (now the CasivelT) and the
Schooner Polhj all belonging to Several of us at this port are safe
arrived in the West Indies, One of which (the Caswell) is Just
returned. The Neat proceeds of the Two first is chiefly laid out in
powder, Oznabrigs, Rum, and Shipped on Board the Johnston, which
may be shortly expected. She Sail'd with the Caswell as a feint
and Intends waiting in the passage for a Brigg Laden with Sugar &
Rum &c., which was to sail soon after he left S' Croix bound for
Europe. If the Public shou'd have Occasion for the Powder &
Oznabrigs on her Arrival here I should be glad to have timely
Notice. I have the Honor to be with Respect

Sir Your Obed' Servant

.JOHN GREEN.

[From MS. Records in Office of Secretary of State.]

Letter from Samuel Johnston to Richard Bennehau.

Halifax, 26"" Sep', 1776.
Dear Sir,

I sometime ago received your Letter by D,octor Bourke inclosing
a Receipt for making Whiskie for which I am very thankfull.

822 COLONIAL RECORDS.

If you should seud any Butter down the Country this fall I would
be glad of 400 lbs. of the best quality, if it could be contrived either
to Halifax or Edenton, if to Halifax to the care of M' Henry Mar-
tin, if to Edenton to the care of Mess" Hewes & Smith.

Be so good as to present my most respectful Compliments to our
friend M' Johnston, tell him that the answer I have had to my Let-
ters respecting our Linen Manufactory from M"' Hewes are not favour-
able to our Scheme. M" Hewes informs me, that from the best infor-
mation he has been able to collect, these Manufactures are carried
on to greater advantage, with respect both to the publick and indi-
viduals in private Familys tlian by Companies on an extensive
Plan, he does not give me his reasons, but says the reasons given
him were convincing and conclusive to his Judgment.

I am Dear Sir
Your Most Obedient Servant

SAM' JOHNSTON.

P. S. I would be glad of a Line from you respecting the Buttei".
I would take 100 lbs. Cheese.

[From MS. Records in Office of Secretary of State.]

Letter from Thomas T. Erskine, Prisoner of War, to the North Caro-
lina Council of Safety.

SlE,

Encouraged by your former goodness I once more take the liberty
to trouble you, which I hope you will pardon, When You consider
my unhappy situation. There is no appearance of jny recovering
my health in this Country, which is the cause of the present appli-
cation.

Sir I earnestly beg that you would present the inclosed to the
Hon*'° the Council of Safety — if you think it proper — otherwise I
must be content — for should you think well of it — I know not
who will take the liberty to think otherwise. I pray you to conde-
scend to inform the bearer when he maj^ call for an Answer.
I have the Hon'' to be Sir Your Most Obliged

Most Obed' Most Hum"° Servant.

' T. T. ERSKINE.

Se/ 2b'', Sunday Morn^.

COLONIAL RECORDS. S23

Gentlemen,

I 2:)resume to think that you all must be sensible that I have no
chance to be exchanged, after what I have done and said against
the friends of the Giovei'nment of England — were I inclined to
Accept of Such an exchange, which I never would (and am positive
no powers in America would compell me nor desire it against my
inclination). The channel is stopt from whence I use to be Supplied
with money, consequentially I must become a charge to the publick
which will be extremely distressing to me.

I am aflicted with a complication of distempers, which makes my
life most miserable — Gentlemen — the above considered, I beg leave
to hope you will commisserate my unhappy condition, and permitt
me to go to Scotland in the Schooner L'dndn, Cap' Buckner Com',
which is advertised in the ^'irginia papers, now at the falls of James
River. I shall (if desired) make oath that I will neither speak nor
act against America. Gentlemen it is the desire of life, so natural a
jjassion, that makes me wish to go to sea, which I expect may be
the means of prolonging it.

I have tlie Hon"' to be

Gentlemen with Great Respect

Your Most Hum"' Obed' Serv'

T. T. ERSKINE.

Sep' 28'^ Sunday Mor^

[B. p. R. O. Am. & W. IN-D.: No^ Carolina. Vol. 222.]

Letter from Governor Martin to Lord Germain.

Long Isl.\.nd Xe.vr New York,

September 2S'\ 1776.
My Lord,

I have the honor to offer your Lordship my sincerest congratu-
lations on the success of His Majesty's Arms, that have already
secured at least the iniportant point of good winter quarters for the
Troops by the possession of the City of New York and this Island,
which although very greatly exhausted by the depredations of the
rebels, will yet contribute much to the support and comfort of the
Fleet and Army, if the parts of the coast, most exposed, are timeh'
protected against the New England People who have crossed the
sound and made several descents on the North side of this Island,

824 COLONIAL RECORDS.

for the purjDose of driving off cattle, and seizing persons well affected
to Government, since the Troops took possession of the western
part of it.

It being manifest my Lord that my return to North Carolina, to
lie on board ship can answer no sort of purpose and Lord Howe
having seen it expedient to call away His Majesty's ships that are
stationed at Cape Fear river rendering it impossible for me to
resume that very irksome situation I remain here in readiness to
take any part that may be assigned me, until further operations
shall open a way to my wishes, and my particular duty to promote
His Majesty's Service in that Province.

Since my arrival at this Place I have received my Lord, but not
been able to find out through what channel, the original & dupli-
cate of the Earl of Dartmouth's letter of the 8* of Nov' last, signi-
fying the King's Pleasure that I should inform His Majesty's Officers
within the Government of N. Carolina that they were not expected
by His Maj. to remain in their present' stations at the hazard of
their lives & properties, & that they therefore were at liberty to
withdraw themselves from the Colony whenever their personal
safety should make it necessary so to do. I should have been haj^y
mj Lord to have received this letter while it was possible for me to
communicate it. For I am persuaded the assurance it gives of
attention to the unfortunate circumstances of the servants of the
Crown is a grace that would mitigate the sufferings of ever}- other
individual in the proportion it does my own.

The Transport ship on board which I left at Cape Fear the loyal
refugees from the shore of North Carolina I expect my Lord will
come here with the King's ships which are ordered from that Port,
when I shall discharge her, & I presume, most of the refugees who
for their good behaviour & encouragement, I have formed into
Companies, and entitled to pay pursuant to the powers vested in me
to levy Provincial Troops, will be ready to serve the King in such
Corps as the Commander in Chief shall be pleased to consign them to_

I have had the happiness to find my family in safety which, all
circumstances considered, is better fortune than I could reasonably
expect.

I have the honor &c

JO. ]\IARTIN.

COLONIAL RECORDS. ' 825

[From MS. Records in Office of Secretary of State.]

Letter from William Maxwell, a prisoner, to the North Carolina

Council of Safety.

Newbekn Gaol, Sept' 30'^ 1776.
Gentlemen,

j\Iy Disagreeahlo Situation in being a Prisoner & Confined now,
five mouths, to the almoste Ruen of my famaly will I hope, have
some weight with you, Especally as I am Ready & Willing to take
the Oaths Directed to be taken, & having no other Desire but to
become a Deserving Member of the State. 'Sr Coor, one of the
members of the Honorable Council, promist me to "Write in mj^
behalf and Send you some Letters. I wrote some time since, but the
Council being Removed, I had no Opertunity before this, of Laying
my Petision before you. I flatter myself this Honorable Council
will be Ready to grant & Receive me as a member of the State, so
earnestly desired by a Declaration of the Late Congress, while it shall
be my Constant studj-- to Deserve every favour you are pleased to
confer, on Gentlemen your

Most Humble and Obedient Servant,

AV=" MAXWELL.

[From MS. Records ix Office of Secretary of State.]

Letter from James Coor to Colonel John Simpson.

New Bern Septem' 30'^ 1776.
Dear Sir,

On the first of this month I sat off to meet the Council in Wake.
At i\P Cooms in Dobbs County, was informod they were gone to Sal-
isbury. I then concluded to wait their return which I heard was to
be in three weeks, but could not hear of them since until M' Green
told me they were gone to Halifax. The advertisements respecting
the ensuing elections I sent to Colonel Caswells to be forwarded to
Council or distributed to the Counties. Several A^essels have arrived

«

here with cargoes of sugar, molasses, salt, powder &c.

The armed Vessels belonging to this State are in want of ball.
Could not some be sent immediately from Willcock's forge, and
should they not be ordered to cruize off our Coast, or one of them

826 COLONIAL RECORDS.

loaded on Ace' of the public and sent for such things as are imme-
diately wanted ? Poor MaxNvell in this Gaol begs to be liberated on
taking & subscribing an Oath of Alegiance to this State. Should he
be indulged herein, perhaps the Council may order it done before
M' Davis the Chairman of this town Committee. If so please send
a Coppy of the resolution that he may be discharged. I send your
watch for repairing. I paid M' Tisdale twenty shillings. I have
sold my Dwelling house, and must move my family directly. I am
preparing a jilace for them which jirevents my relieving you, but I
shall if possible give you a few days respite before the meeting of
the Congress. M' Tisdale Contended the New Bern Election with
M' Nash, and there are ten or a doz" Candidates for this County's
representation. Please give my best respects to the Gentlemen of
the Council and my friends in Halifax, and believe me to be with
Great res}iect Your M* Obed' Hum' Serv'

JAMES COQR.

Pray tell M' Caddv there is not anv Knives to be sold in Newbern.

[From MS. Records in Office of Secretary State ]

.JOURNAL OF THE COUNCIL OF SAFETY, BEGUN AND
HELD AT SALISBURY.

Salisbury, September G"", 1770.

Met according to adjourinnent.

James Hunter and Joseph Dobson, both of Guilford County, vol-
untarily came before the Council and moved that thej^ might be
admitted to the privileges of free Citizens, and declared that they
were willing to take an Oath of Allegiance to this State, which being-
granted and they having taken and subscribed to an oath for tliat
purpose,

Resolved, That they henceforward be considered as free Citizens
and ^Members of this State.

Jacob Williams of Anson Countv, beins brought before this Coun-
cil for liaving spoken some words inimical to the Cause of Liberty
and regardless of a Solemn declaration by him signed at the Con-
gress at Hillsborough,

COLONIAL RECORDS. 827

Resolved, That the said Williams enter into Bond with Security
in the Sum of three hundred pounds, conditioned that he appear at
the next Congress to be hold at Halifax and not depart without
leave, otherwise to be committed to tlie Common Gaol of Salisburj^,
there to remain until further Orders of this Council or Congress.

Adjourned till Tomorrow Morning 8 "Clock.

Saturdajs Septeml)er 7'^ 1776.

Met according to Adjournment.

Resolved, That the Troops stationed on the Frontiers of Tryon
County, bj- order of General Rutherford, for the Protection of this
State, be continued till further Orders of this Board, General Ruther-
ford or the Congress.

Ambrose INIills and John A.uston of Tryon County having been
brought before this Board for acting inimical to the Cause of Ameri-
can Freedom, and after examination it was thought proper to dis-
charge them, the first having entered into Bond and taken the Oath
of Allegiance to this State, the otlier having also taken the said Oath
of Allegiance.

Adjourned till Monday Morning 8 "Clock.

Monday, September 9'", 1776.

Met according to Adjournment.

On tlie Petition of Mary Hughs, wife of -Joseph Hughs, for leave
for her husband to appear before this Board to be admitted as a free
Citizen of this State,

Resolved, That the said Joseph Hughs be permitted to appear
before this Council on or before the 11"" of this Instant September
for the purpose aforesaid.

Read in Council the Petition of James Hepburn, on parole to
Mecklenburg County, and a certificate from Waightstill Avery
Esc[uire, one of the Committee of the said County, shewing that the
said James Hepburn cannot procure a House within the Limits of
his said parole,

Resolved, That the said James Hepburn have leave to remove
himself to the Town of Salisbury there to be on parole within the
Limits and Bounds of the .said Town and within two miles thereof.

Read the Petition of Michael Holt late of Orange County at
present under confinement in the City of Philadelphia, praying
reloasement &c'; also a Petition fi'om the Committee of said County

828 COLONIAL RECORDS.

setting forth, that in their Opinion the releasement of the said
Michael Holt would not in any wise injure the Caus of Liberty in
this State.

This Board taking the said Petitions into consideration and
having collected all the Evidence for and against the said Holt with
respect to his March in order to join McDonald's Army, find many
Circumstances in his favour, inasmuch when he was fully acquainted
with the Intention of the Tories he did actually return home, and
was the means of inducing a Number of Others to follow his exam-
ple without a junction with the Scotch Army,

Resolved, That he be recommended to the Continental Congress
as an object of Compassion, and that the Delegates for this State use
their utmost endeavour to get him discharged from his present
imprisonment in order that he may return home to his Family, he
first taking an Oath to this State a Copy of which is ordered to be
enclosed to said Delegates.

Adjourned till tomorrow morning 8 o'clock.

Tuesday, September 10^ 1776.

Met according to adjournment.

Whereas in February last .James M°Coy with a number of men
was employed in disarming the Tories for sometime and was allowed
at Congress the sum of One hundred and two pounds for the pay-
ment of the men in that department, and whereas a certain contro-
versy has arisen among the men concerning the distribution of the
money, and application having been made to this Board concerning
the same : It is the Opinion of this Council that the said James
M°Coy in Order that equal Justice be done pay each man according
to the time of his being in actual service.

Resolved, That Colonel Ebenezer Folesome or in his Absence the
Commissioners at Cross Creek deliver thirty Bushels of the public
Salt to Capt. John Hamlin to be by him distributed in the following
proportions, to Avit : Eighteen Busliels among the Officers and Sol-
diers of the Company in the late Expedition and Twelve Bushels
among the Familes of the Officers and Soldiers in the present Expe-
dition against the Indians.

Benjamin Booth Boote lately a prisoner in South Carolina from
this State, permitted to return on parole came before this Board and
took an Oath of Fidelity to the State,

COLONIAL RECORDS. 829

Resolved therefore, that he be discharged from such parole and
that lie be henceforward considered as a friend and free Citizen of
this State.

Adjourned till tomorrow morning S o'clock.

Wednesday, September 11"", 1776.

Met according to sdjournment.

Resolved, That .John Dunn be parolled to the Town of Salisbury,
there to remain until further Orders of this Council or Congress and
to appear once a day at the liouse of j\Ir Maxwell Chambers and
further that he enter into Bond with Security in the sum of one
thousand pounds for his future good behaviour, and in case of breach
of his parole to be committed by the Committee of the Town to
close prison.

Adjourned till tomorrow morning 8 o'clock.

Thursday, September 12*, 1776.

Met according to Adjournment.

George Wolfenden, Thomas Ferguson, .James Morgan and James
Gibson offered to the Council sundr}' pieces of Linnen claiming the
several Bounties pursuant to a Resolve of the Congress held at
Hillsborough on the tenth day of September, 1775, the Board
examining into the premises and findhig that the said several
pieces of Linnen were manufactured in this State pursuant to the
said Resolve of Congress and that they are so near in quality, that
a determination cannot be had with precision, but that they are
intitled to the several Bounties in the said Resolve. It is Resolved
That the Treasurers or either of them pay unto the said George
Wolfenden, Thomas Ferguson, James Morgan and James Gibson
twenty three pounds fifteen Shillings each, it being their equal part
of the several Bounties allowed by the said Resolve and that the
same shall be allowed the Treasurers in their accounts with the
public (the parties being present and consenting to an equal divi-
dend of the aforesaid Bounties.)

Adjourned till Tomorrow Morning 8 "Clock.

Friday,. September lo'\ 1776.

Met according to adjournment.

Joseph Hughs came before this Board according to the Prayer of
a Petition exhibited by his Wife, Mary, the Council taking the same
in Consideration,

830 COLONIAL RECORDS.

Resolved, That the said Joseph Hughs be parolled to the Limits
of the Town of Salisbury, there to remain until further Orders of
this Council or Congress and to appear once a day at the House of
Maxwell Chambers, and in case of a Breach of parole to be com-
mitted by the Committee of the Town to close prison, and further
that he enter into Bond with Security in the Sum of five hundred
pounds for his future good behavior.

Resolved, That the several Militia Officers and Captains of the
Forts and Garrisons on the Frontiers of Rowan and Tryon furnish
Mr Avery with a sufficient Escort of Men for a Guard on his way to
General Rutherford and also to give the said Avery all the necessary
Aid and Assistance in their power.

Resolved, That Abel Armstrong or any other Officer of the
MiHtia of the district of Salisbury furnish Joseph Thompson and
James Gallaspee, Waggoners in the service of this State on their
way to and from Chiswell's Mines with a guard of four men to
Escort them to and from the same.

Resolved, That Jesse Nighton pay unto James Hacket for himself,
James Kerr and Robert Grier the sum of one pound ten Shillings
for bringing the said Nighton before this Board pursuant to its
order.

The Council adjourned to the Town of Halifax, in the Countv of
Hahfax.

[From MS. Records in Office of Secretary of State.]

Parole of Sundry Prisoners of War.

We the Subscribers, being made Prisoners of War by the Navy
of this State, do promise and engage on our Word & honour & on
the faith of Gentlemen, to depart from hence to the town of Salis-
burj' in the State of North Carolina and there or within ten miles
thereof to remain during the present War between Great Brittain
& the United States of America, or untill the Congress of the .said
States or the Supreme executive Authorit}' of North Carolina shall
order otherwise, and that we will not directly or indirectly give any
intelligence whatsoever to the Enemies of the said States, or do or
say anything in opposition to or in prejudice of the measures & pro-
ceedings of any Congress or Assembly of the said States, during the
present troubles, or untill we arc duly exchanged or discliarged.

COLONIAL RECORDS. 831

Given under our hands at Charlestown in S": Carolina this thirty

first day of October Anno Domini 1770.

DUN M'NICOL, Cap: R. H. E.
HUGH ERASER, Lieu' R. H. E.
DUN MACDOUGALL
LAUCHLIN MCDONALD
WALTER CUNNINGHAir
HECTOR ALQUARY
ANGUS CAMERON
ALEX^ CHRISHOLM.

We albO undertake for Neal AL'NicoI, James Eraser, Alex'
M'^Donald, & David Donaldson, that they shall be on the same foot-
ino- with ourselves.

[Fkoji MS. Records in Office of Seceetauy of State.]

Letter from the Commissioners appointed to fit out the Brig Pcnn-
sytvania Farmer to the Council of Safety.

Newbekn, October 1", 1776.
Gentlemen,

We being intrusted by your Hon"° Board to fit out an Armed
Vessel from this Port, can now inform your Honours that the Brig
Penusijlvania Farmer is compleatly fitted man'd ready for service,
and hath been so for some months past only for the want of shot,
which we have now got, sufficient for a Cruize and as she is so
well man'd and fitted, and the whole Crew as well officers as men
so anxious of going out rather than be laying allmost Idle in a
harbour which does not altogether suit the disposition of a Sailor,
and as she has been at a considerable expence to the Country we
think it is adviseable she should goe out, as it is quite probable that
in a very short time she may reimburse the Country in an ample
manner the whole expence and much to spare, by bringing in some
valuable prizes, which we hope you'll take into consideration and
if ajiproved off by your Hon'"''' Board, you'll send us directions to
send her on a Cruize. We think no time is to be Lost from Certain
Accounts we have had of a fleet of Merchantmen sailing this month
from .Jamaica to England witliout convoy.

832 COLONIAL RECORDS.

\Ve some weeks agoe were anxious of getting the Brig down to
the Bar, but could not send her with Safety as she had not a
sufficient anchor and Cable, it was thought, to ride out a Gale of
Wind which might be expected at this season of the year, and none
to be purchased, we thouglit ourselves Justifiable, especially' as so
much of the Country's property was dejiending, in taking one from a
Sloop belonging to M' Schyler of New York, that we were told was
to be carried up Trent river there to be Layed up this Winter 'till the
Spring, out of the way of Hurricanes, therefore we Judged it could
well be spared without .any dc^triment to M' Schyler sole owner of
said Sloop, and as the Country's Service required it we did not think
the owner himself had he been here would have had the least
objection to it nor do we believe any person else had it not been par-
ticularl}^ wanted at the same time for the Brigantine Williavi,
belonging to M' John Wright Stanly and others as we were informed
by the master of the said Brig — thus far respecting the said anchor
and cable we thought proper to mention to your Honours at this
time as we are inform'd a Complaint is intended to be lodged
against us respecting the same.

No Commission having as yet been made out for the Pennxi/lvania
Farmer you'll please to send one for her by the Bearer with your
directions.

We are Gentlemen your

most obed' Humble Serv"

.JOSEPH LEECH,
RlCff ELLIS,
D. BARRON.

[From MS. Records in Office of Secretary of St.^te.]

Letter from James Coor to tlie Council of Safety about the Brig

Ptnnsylvania Farmer.

New Bern, Ocf V\ 1776.

Respected Sir,

Col° Leech and M' David Barron, two of the commissioners for

fitting out the Armed brig the Pennsyhania Farmer have Just

informed me that they have procured ball for that "\"cssell sufficient

for a small Cruize if permitted, for which purpose they send an

express to the Council. They say she is every way fitted for sea.

COLONIAL RECORDS. S33

Provisions on board, a full complement of healthy men all anxious
to adventure, as they are desirous to be so employed that they may
endeavour to reimburse this State for the expence of that establish-
ment. The Commissioners assure tne that if the Council will permitt
the Pc/nisijvaiiia Farmer to cruize only for a few months, they make
no doubt of her taking some of tlie Jamaica Shijis, as they know of
several which will sail in a little time without convoj\s. Should the
Council think proper to send either of the armed Vessells on a trad-
ing voyage the King Tammaivj would be most suitable as she draws
less water and has but few hands on board. Slioukl an}' complaints
be made to the Council against the proceedings of the Commis-
sioners they are ready to attend and hope to Account for tlieir con-
duct in that appointmerit whenever they may be called on to the
satisfaction of the Council. This I mention at their instance, and
am Sir with Very Great Respect,

•Your j\r- Obed' Hum' Servant,

JAMES COOR.

[From M.S. Rf.cords ix Office of Secretary of State.]

Letter from Colonel John Simpson to James Coor.

Chatham, Ocf 3^ 1 776.
D' SiE : ^

.Yours of 30"" Sep. & first Oct" I rec'' on the Road. It gives me
pleasure to hear of the success of the adventures in Trade & could
wish there were more.

As to the Pensilvanij Farmer the Council sent Orders by me which
I have forwarded by Caj?' Stanley to Cap' Hamstead, to sail imediately
On a Cruize &c^ As to J\P I\Iaxwell, Prisoner in Newbern, the
Council have Liberated those who Take the State Oath & give
Security accord' to circumstances for their Good Behavior, & in their
opinion the several Committees have and may do the same (except
capital offenders), they paying all charges. When I see you I will
reimburse you the pay for my watch. I forgot to give it to Capt.
Stanley. The Council by reason of sickness in 'M' Tho' Jones' &
Jos. John Williams' family could not be kept siting for want the
attendance of Members. AVe concluded to meet the 20"' Inst, at
Hallifax, if no Imediate call before. In That Case on an Express

VOL. X — 53

834

COLONIAL RECORDS.

being sent by M"' President AViley Jones on our Expence, we ai-e to
j\Ieet Imediately, of which you take notice. You have sold your
house I trust to your Mind. My Mill Dam is broke. I find this day
that my attendance must be supply*" by you. Capt. Stanlej' was
intending to Hallifax to wait on the Council for Leave to Export
some staves in his Vessels, as he has Lnported Warlike Stores, Salt,
etc., & done his endeavour to j\Ieet the Council for Leave, & the sea-
son farr advanced for the Importation of Salt, I think M' Stanley
is Intitled to any Indulgence given that way. The Commissioners
mention in their Letter to Council that no Commission has issued
for tlie P( iisilvania Farmer. How that has happen'* I cannot ace' for.

[Fkoji MS. Records in Office of Secretary of State.

Letter from .James Davis to the Provincial Council about the Pri-
vateer Pennsylvania Farmer.
Gentlemen,

M' Stanly having Occasion to wait on you with a memorial rela-
tive to the Conduct of the Commissioners of the Provincial armed
Vessell the Pennsylremia Farmer permit me by the same Opportu-
nity to lay before your Honours something on the same subject.
To this duty I am impelled by the strongest of Ties, a sacred and
venerable Regard for constitutional liberty and the Honour and
Interest of my Country. When these are invaded it would be
criminal to be silent. And here Gentlemen it would be necessary
to pause a while and endeavour to investigate the secret springs of
this patriotism. If it is expected Honors, lucrative Appointments,
or any sinister Expectations whatever that whets my Zeal I may be
justly suspected of deviating from the modern Patriots, and little
Credit paid to ray Narrative. But if none of these views appear, and
that they do not I appeal to the Gentlemen of the Council themselves,
to the chief of whom I have the Honour to be personally known to,
then I hope you will believe the Facts I shall here endeavour to
state to be true.

The Provincial armed \'esgel the Pennsylvania Farmer sailed from
tliis Town a few days since after lying here with IIU men on board at
the Expence of near Forty Pounds per day, upwards of six months,
in the most inglorious, inactive, and dissolute state that perhaps was

COLONIAL RECORDS. 835

ever suffered in any Country. By the Inexperience, Inactivity and
neglect of the Officers of this "N^essell who early began their Irregulari-
ties by iulisting the regular soldiers into their service, a continued
scene of Riot Outrage and Robbery has been carried on by the peo-
ple of lier, the most daring Insults on the Inhabitants of the Town
suffered to pass with Impunity. One hundred and ten pints of Rum
pon,red out to them ever}' morning kept them continually drunk
and ready for any mischief, especially as they consist of men of all
nations and conditions, English, Irish, Scotch, Indians, Men of "Wars
Men and tlie most abandoned sett of wretches ever collected together.
Two of tlie Officers broke open the Gun Room, and with a number
of the men went off with the Boat with Intent to join Lord Dun-
more's Fleet, and actually reached Currituck County. They were
apprehended and are still at large on board. They have wasted
near 100 pounds of powder in wantonly firing at and bringing too
all Boats, Canoes and A^essels of every sort, even Passengers in the
Ferry Boat have been insulted. Cap' Tho' Shine of the Militia,
with his Company on board coming up to the General Muster, was
fired on and a ball passed within a few inches of his Arm. Of this
Insult he complained to me. I remonstrated to the officers but met
with nothiijg but abuse. With Regard to myself Gentlemen, I
have been exceedingly obnoxious to this Crew of Banditti, for I can
call them by no other name. As I had the Honour to be one of the
Commissioners for that Vessell I very early opposed the iniquitous
measures I saw pursuing and objected to the injudicious Choice as I
thought, of the Officers of the Vessel, men utter Strangers, with-
out Abilities, without Interest, Connections, or any tie whatever to
the Country, the Captain never having sailed in, much less more
commanded a Scpiare rigged Vessel in his Life, Capt. Oliver of the
marines being the only officer on board known to the Country.
The Chief mate, one Barton, a Person intrusted by iNP Durant of
St. Croix with a vessel and Quantity of Powder for the use of this
Province, the wliole of which A'essel and Cargo he attempted to
underrate. I .say Gentlemen, bv the means above I became obnox-
ious to these men and have suffered every insult from them and
sustained considerable Damage. They came to my Landing and
destroyed a Bay Boat that cost me Thirty pounds, cut her up for
Fire AVood and took out every Bolt and spike Nail tiiey could come
at. Of this I complain'd to the Officers and Commissioners but
could get no !\edress. As the Vessel lay opposite my Plantation at

836 COLONIAL RECORDS.

Green Spring the men came repeatedly into my Corn field and
carried off Quantities of green Corn and grew so daring that I was
forced to repell them by Force and lay on my Arms for manj'
nights. Of this I complained to the Commissioners but could get
no Redress.

I have been told the Reason for lessening the number of Com-
missioners for this Vessel was the Impossibility of doing Business
effectually with such a number. I heartily agree with the Gentle-
man who made this complaint, and am fully convinced Business
could not be effectually done while I opposed Contracts for Beef for
the Vessel at 5* a Pound when I was buying for my own use at 3^
and while I opposed some glaring accounts that freely passed after
my Exjiulsion from the Commission. While I was on the Commis-
sion I spent much Time, and some ]\Ioney and was willing to do
every act in my power to further the good Intentions of the Coun-
cil in ordering this Vessel to be fitted out, but am not concerned at
being left out of a Commission wherein I could do no good to my
Country nor Honor to myself.

I must beg your Honours further Indulgence while I say a few
words in Justification of a most infamous Slander cast on me by
Capt. Hamstead and the Officers of this Vessel. They have propa-
gated in all Companies a Story of my being disaffected to the present
measures pursuing against British Tyranny, which I make no doubt
has reached your Honours Ears, giving for a Reason that I would
not let my sou go in the Vessel. My attachment to the glorious
Cause of Liberty in which we are at present embarked, and the
very early and active Part I have taken in it, stands, I hope, too
well recorded in this Province to be shaken by the insidious and
base arts of disappointed Faction, and as to my Son as he is yet too
young to be known to the World it is necessary I should set the
matter right with regard to his Conduct. He was brought up to
the sea, and great Part of his Apprenticeship Sailed out of Cadiz in
Spain to many Parts of Europe, since his Return home he has been
in the Employ of Mr Cornell and has been master of a Vessel out
of this Port. He was the first Officer shipped on board the A'essel
to Superintend the Rigging and continued on board upwards of two
months. When the Commissioners went into the Choice of Officers
he was appointed Second Lieutenant, in a short Time after by the
Caprice of the Commissioners he was appointed Master, with this
he was contented, and would have now been on board, had not I

COLONIAL RECORDS. 837

ordered him to resign an Emplo}^ he was not Hkely to gain any
Credit bj'.

LTpon the whole Gentlemen I have the fullest Conviction within
my own Mind that this A''essel in her jiresent Dress will utterly
defeat the good Intentions of the Council, and as far as my poor
Opinion goes would heartily recommend a Revision of her.

I hope your Honours will pardon my Presumption in troubling
you with this loiig Epistle, But when Arbitrary Power runs triumph-
ant among us and the Sacred Barriers of Private Property are
destroyed the inestimable Blessings for which we are now contend-
ing and pouring out our best Blood in Streams, I could no longer
be silent.

I have the Honour to be Gentlemen

your most obed. humble Serv'

JAMES DAVIS.

[Faoii MS. Records of Virgi.nia.]

Letter from Colonel William Christian, Commander-in-Chief of the
Virginia Forces against the Cherokees, to Governor Patrick Henry.

Six iliLE Camp, October the 6*, 1776.
Honourable Sir:

I have advanced six miles from Fort Patrick Henry, which Lieu-
tenant Colonel Russell has called the Fort at the Great Island. I
will enclose you herewith a return of the Army with me ; besides
which about 100 men are left at the Fort to Guard the Stores there.
Lieutenant Col° Morgan, of Col" Lewis's battalion, is on his march
with about 140 men, officers included, but I doubt is too far behind
to have any probability of overtaking me. I came to the Island on
the 2r' of September, since which time several parties of the enemy
have been about us; they killed one soldier and one of the Country-
men near the Island and took another prisoner who escaped the
second night after he was taken, but was not able to give me any
information, more than that the party were twelve in number and
making homeward. Several of the country people have also been
fired upon and some wounded since I came to Holston. The enemy
generally fire from behind logs and bushes, and seldom at a greater
distance than eight or ten stejis; last Tuesday three of them fired
upon two men and broke one of their arms, but they got away.

838- COLONIAL RECORDS.

Nothing has been done since. I have no intelligence from Briga-
dier Rutherford since his letter of the 27"" of August. I will inclose
you both his letters, and my answer to his first. The last I hare not
answered. If he is an enterprising man he maj' finish the Cam-
paign before I get to the Indian Towns. The difficulty of marching
from the valley Towns to the over hills is not half so great as from
Green Bryer to Point Pleasant. I shall march in less than an hour
and take with me 30 days' flour and sevent^^ days' Beef. I hope to
cross Broad river the IS"" instant where it is most likely I shall be
attacked, or meet with proposals of peace. The men who have fled
from the towns say that the Indians will surely fight desperately,
which they promised Stuart the King's superintendent to do, and
Cameron his deputy, who remains amongst them, is daily encourag-
ing them to defend their country' against a party of Rebels. I
heartily wish that they may first attack me, and it is the wish of the
army. Cameron being an artful man may invent measures to delay
our march if the Indians will execute them with dexterity, but still
I have no doubt of returning to the Island in five weeks from this
time, six at the farthest. Yesterday I sent four of my scouts to the
Towns to endeavour to take a prisoner, that I may know what the
enemy are doing, but the attempt being new and the probability of
meeting some of them before the}^ can reach the Towns so great,
that I have but li'ttle hopes of success. I have promised the four
men =£100 if they succeed. I have also sent another party of scouts,
about eighty miles from here and within fifty miles of the towns, to
watcli the path. If ai:iything new occurs at Broad river I shall send
you an Express as sjDeedily as possible. If I am attacked there and
my march delayed I must send back to the Island for more flour.
Mr Madison the Commissary in chief will write you fully about the
Provisions, so that I will not trouble j'ou and the Hon'ble the Coun-
cil on that head. The people on Plolston and Clinch, from ten
miles above Stalnakers downwards, are in Forts. The number of
souls contained in them, I am told amounts to more than 3000.
Their distress is very great. I called at such as are upon the main
road, and found many in want of provisions, great numbers sick,
and heard of manj' that had died, occasioned I supjDOse by their
close confinement, and being too much crowded together. I ven-
tured to direct that a few loads of flour should be distributed
amongst the wives and widow mothers of those men who are with
me, and gave orders to the Commissary to keep an account thereof,

COLONIAL RECORDS. 839

that the men may be called upon to pay for it, or such other steps
taken therein as your Excellency and the Hon'ble Council shall
please to direct. In all probability there will be more flour than I
shall want for the expedition. It might prevent great distress if
your Excellency and the Hon'ble Council would allow some of it
to be sold to such of the inhabitants as have lost their crops by the
war. Lieut. Col° Russell, who was much disappointed, especially in
the County of Fincastle, about getting three hundred men ordered
by the Convention, took into the service a great part of the men in
the Forts; that step and that alone, prevented the people from
starving, or quitting the country altogether. I should have Avritten
your Excellency several times since I wrote to his honor the Presi-
dent, but I really did not know well what to say. I could not until
within a week past speak with such certainty as I wished to do.
I am Sir vour most obedient Humble Servant,

WILLIAM CHRISTIAN.

[From M3. Records ix Office of SECRET.-i.RY of State.]

Letter from Colonel Folsom to the Council of Safety.

Ceoss Creek, Oct^ S'\ 1776.
'M' Peesidext and GextleMex,

In pursuance of your Order I demanded the Salt of Com" Doud,
which was appropriated to the use of the Militia of Cumberland
who were in the service of the Publick in February last, but was
peremptorily refused ; and as the People were extremely anxious for
it, I have delivered to each man his Portion, half a Bushel, out of
Vl' Gillies salt in Cross Creek, and I hope I shall meet with your
concurrence.

The Detachment now consists of three Companies of Foot, Captain
Herndon and Captain Bullock complete, Captain John Walsh who
is joined with the Wake men, which makes the third, is very near
full, and should be glad of your approbation that they should be
continued, as in my own Opinion there never was more Necessity for
the Detachments being complete than at Present.

Captain Atkins with his company of Light horse is stationed in
Bladen in cpiest of the out-lying men who were concerned in the
murder of Captain Richardson; part of Atkinson's ai'e out on Duty

840 COLONIAL RECORDS.

in Anson and the rest are in Ciiatham at the Request and by
Exjiress from Col Jonathan Harper.

M'' Giffard, who hands you this, will carefully bring any com-
mand you may have for Gentlemen

Your most Hum"^ Servant,

EBEN' FOLSOM.

[Froji MS. Records in Office of Secretary of State.]

Letter from Samuel Ashe to the Council of Safety.

Cape Feae, Ocf 8'\ 1776.
Dear Sik,

Te Dcinn Laudamus : We here at present joyfully chant forth. The
Vessels of War lately here, I am Just now informed, took their
departure a few days since, first burning two of their Tenders. We
have now an Open Port, the' I fear it will not long be one, unless
y° honble Board will hurry down some Balls.

I presume M' Hewes with a budget full of Interesting Northern
News, is with You before this — pray be so obliging as to communi-
cate by a line what he, or any others may have brought. We have
none here, since the L: Island affair, nor one syllable of Indian
matters. Has Avery returned? or have the Indians borrow'd the
poor fellow's Night Cap ? I wish to hear from that quarter.

The Humour of Salt boiling seems to be taking place here, I have
seen some boiled here, the cleanest & whitest of any salt (I think) I
ever saw in my life — every Old Wife is now scouring her pint jjot
for the necessary operation. God send them good luck.

Pray tender my respectfull comp" to every member of y° Board, &
believe me Dear Sir, w* Esteem, Y" Ob' Serv'

SAM' ASHE.

P. S. Just as I finished this, I was told, the Cruizcr, (too long the
Terror of Cape Fear) was likewise burnt.

COLONIAL RECORDS. 841

[From MS. Records ix Office of Secretary of State.

To THE HOXOCE-ABLK CoUNfIL OF SaFETY NOW SETTING AT HALIFAX.

Your Peticioners humbly Shewetli.

That whereas our husbands William field, Robert field, Joseph
field, .Jeremiah field, Semor York, Stephen Sisny, Samuell
Diviney, Fredrick Craft, Robert Turner, all of Guilford County
and province of north Carolina was made prisoners in and about
the tenth Day of Feabury'Last, we your humble petticioners beg
that you would with an Eye of pitty and Compashon take their and
our Deplorable Condition into your wise Consideration and that you
will Restore them back again to us upon Som Reasonable Terms,
that they Can Comply with as we hope you are Sensible that it is
out of their po\\er to Doe any Dammage to the Common Cause &
where they are not allowe the necesserys of Life as prisoners of
warr nor the Liberty that prisoners of warr have; therefore we hope
that your honours will out of pitty and Compashion to us and our
Small faniilys Releas our Husbands from their Bands or if your
Honours Cannot Comply with this our petticion we Still adress you
further that you would admit of their being Removed in to the
Province again So that we may be of Som asistance to their wants
and we hope that your honours will Doe us the feaver to apoint the
place where they are to be Removed to as Conveniant to us as it
will allow we made our aplication to the County Commitee and
their advise was to petticion your Honours and they Did not Doubt
but it would gain the Desirable Efect. So we Commit it to your
wisdoms to point out of Such ways and meashures as in your wis-
doms Shall Seem meet, and your Petticioners shall Ever pray.
MARY TURNER " MARY FIELD

CATHEREN CRAFT LYDE FIELD

DOLAY SISNY ANN FIELD

HENNAY DIVINEY SILVENEY YORK.

LYDE FIELD
October the i2'\ 1776.

842

COLONIAL RECORDS.

[Ff.oh MS. Records of Virginia.]

Letter from Colonel Charles Le^vis, Commanding Second Battalion
of A'irginia Forces against the Cherokees, to Governor Patrick
Henry.

Camp on Fkench Broad River,

Oct. 14'^ 1776.
May it PlKase Your Excelle.xcy,

Yesterday about noon our whole army arrived at the river, but
from the accounts Col. Christian received from one Harland, a white
man who the Indians sent with a flag of truce, he did not think it
prudent to attempt crossing in the day. Harland told us that there
were about 7 or 800 Indians lying on the opposite bank of the river,
and that he overtook several parties of them as he came from their
towns, on their way to the river. About 8 o'clock at night Col.
Christian took about 1100 with him, and marched down the river
about 4 miles to a ford the spies had discovered, though there was
no appearance of its ever being used, crossed safe with all the men
and after a most surprising march through the woods, arrived at
the place the Indians were said to be at before sunrise. But instead
of a general engagement, as was expected, the bank of the river
was found clear and no sign of more than three or four Indians,
upon wliich the Col. ordered the rest of the army to cross, which
was done today and the whole encamped in good order. Fi'om the
accounts Col. Christian received today, from three men he had sent
to the Cherokee towns, we have the greatest reason to expect an
attack in a day or two. Our men are in high spirits and I'eally
wish for an attack, that they may have it in their power to chastise
the cruel villians.

I am sorry to tell your Excellency, That from sickness and death
I have not been able to bring but a little more than 300 men of the
2'^ Battalion on this important expedition. The men being so very
sickly while they were in service below, gave the people of the
counties that composed the Battalion such a distaste to the minute
service, that a very fe\Y new recruits could lie raised Ijy the officers.
But the deficiency has been amply made up by the activity and

COLONIAL RECORDS. 843

good conduct of Col. Christian in raising the men in the Back
Counties. I am your Excellencj's

Most Obedient Hum"" Serv'

CHAS. LEWIS.

His Excellency Patrick Henry, Esq., Governor in Chief of the
Commonwealth of ^'^irginia.

[From MS. .Records in Office of Secretary of State.]

Letter from Alexander Stewart to the Council of Safety.

Geaxville County, 14"' Oct^ 1776.
Sir,

I was Paroled to this County by Order of Congress May last, when
I left Halifax I aplyed to some of the members of Congress about
gating my Cloaths from Cross Creek ; they told me that I would be
alowed to goe for them, if they were not sent up to me. I never
got a opportunity of sending for anything I wanted till the begin-
ning of August last, but a few Days before I sent, they were Carry*
away out of M' Gillies' store by the Commissioners apointed in
Cumberland County ; they told M' Gillies that upon my Proving
the Property of them, they would be Restored. I cannot prove the
property here. I thought my Letters at different times would show
plainly they were urine, besides my Trunk & all my Liimens is
mark* with my Own Name, which I think is all the proof Requisite.
As I am Quite Destitute for want of Cloaths & Linnens .Just now I
hope you'll be soe Good as to send me an Order upon my Trunk &
Chist with all my Cloaths and Linnens, and a pass for myself to go
for them, as cannot Get any here to go for them, and Especially if
must prove the Property of them, there is no other man can do it
but myself. I find my Trunk is in Capt. John "Walsh's possession,
he does not write me about my Chist. I'll Expect your Immediate
ans* by the Harrisburg Post to the care of Capt. Campbell, which
will greatly oblige.

I am Sir, your most ob' serv'

ALEX' STEWART.

844 COLONIAL RECORDS.

[From MS. Records of Virginia]

Letters from Colonel "William Christian Commanding the Virginia
forces against the Cherokees to Governor Patrick Henry.

Bank of Bkoad Rivek, October the 14'^ 1776.
HoNBLE Sir,

I am now encamped with the Army on the Bank of Broad river
next the Cherokee Nation. On the 12''' in the evening just before
I was about to encamp, a white man with a Flag met me about
five miles from the river. He said that the nation desired peace,
and that the Raven Warrior of Chote in particular had sent him to
desire he might speak to me & that he did not doubt but that we
should agree, in case I would treat upon reasonable terms. He
told me moreover that the advanced parties were at my present
camp, & that the whole strength of the nation were expected here
that evening in order to oppose my crossing, which was easily to be
done at this Foarding without great loss. Yesterda)- about twelve
o'clock I came to et formed my Camp on the other side from whence
it was discovered there was Indians here. I sent up & down the
river to search for fordings, one was discovered above by our men
seeing four Indians pass over, & below a place unfrequented was
found which it was supposed could be crossed at. Ten o'clock at
night I set off with betwixt ten and eleven hundred men, 200 of
them mounted on Horses, and by one o'clock in the morning got
over with much danger & difficulty; the river being so deep & rapid
that none of the men could waid, the night was so verj' dark I was
obliged frequently to make lights, the river about half a mile
counting the several windings we were obliged to make. About
an hour before day I marched within a mile of this spot where I
expected the Enemy were, and at sun rise surrounded the place;
but found no enemy. Upon this I ordered the remaining part of
the Army with Provisions & Baggage to be brought over, which is
now effected. At twelve o'clock the three men mentioned in my
former letter returned without a Prisoner, but with intelligence (but
the manner of getting it I must not now mention, least this may be
miscarried), that the whole Force of the Nation is now near me,
Avith a determined resolution to attack me, and to skirmish at me
from here to the Towns; Aiming to destroy the cattle & Horses,

COLONIAL RECORDS. 845

and ill obedience to Stuart's orders (now at jMobile) never to malce
Peace; to Fight it retreat on.

It ajipears also that the Hag was disapproved of by most of the
Towns except three, under the influence of the Raven; that him, his
Brother & Capt. Gist [Guest] were here, when the white man was sent
to me with the fl^ig. I forgot above to mention my Answer to the
Raven's j\Ie.ssage, which was: How can he send to me for peace
before he has delivered up Cameron, that enemy to white & red peo-
ple. How can the Nation think of Asking peace of me when they
retain our Prisoners? How can they ask a peace when they have
the assurance to assemble tlieir men to Fight me, if they should dis-
like my terms? That I would cross the river and that I would
Proceed to the Towns. That Mercy & Braverj'' was the charac-
teristick of the States of America, and that I should distinguish
betwixt those Towns who had behaved well towards us, & others
who had not done so. They have not sent to me since ; but it seems
more than Probable that the Proposals, although really the senti-
ments of three Towns, that the majority hoped to take me unguarded
while a Treaty was on Foot. Six Indians were seen thjs daj', one
six miles down the river where I crossed last night & four within
half a mile of this Camp. I shall look for an attack to morrovr.
However I .Judge the enemy Avill be vexed & disconcerted at finding
me here to day. It will I dare say take me four or five days to
reach the Towns, as I must march slow, & always in order. It is
reported in the Towns that Stuart is sending 800 Creeks, who are
to be there in a few days. However be as it maj', I shall Proceed,
& endeavour to have][matters settled before I return. General Ruth-
erford has returned to the Seiieka Towns, some where about Keowee,
after laying waste the ^^alley. One of my accounts say he has sent
a woman Prisoner with Proposals of Peace. Another says he has
not. This is all I can hear. But I believe it to be certain, he has
returned. Perhaps another Flagg may come, as the Indians say we
travel as fast as them, & and seem ver}' impudent. They attended
me all the way from the Island but seldom came nearer than to
hear the Tapping of the Drums, which was jjretty constant, in order
to keep the several lines in order. It is now evening, & I intend to
march to morrow by ten O'Clock, if possible. Should anything new
occur before that time I will add it. I am sir.

Your Most Obed. Serv'

WM. CHRISTIAN.

846 COLONIAL RECORDS.

P. S. Capt. James McCall of South Carolina who was taken Pris-
oner the first day of July last by the Cherokees is now with me, and
a brave man. He had a wife and five children, and wishes it- to
be Published in the Gazette, that he is here and well. By this means
it will get into the Carolina Paper and reach his family.

Bank of Broad River, Oct' IS"*, 1776.
HoxcLE Sis,

I wrote to you yesterday evening what news I then had. It is
now a little after sunrise, and I am preparing to march. About an
hour after dark last night Cap' Gist [Guest] came in with a flag from
the Raven Warrior to intercede for Chote. He seems to doubt my
other intelligence, that the whole force was to fight me. He says
that from the answer I gave the first flag that the Raven had hopes,
and had turned all he had influence over, as the enemies forces
were encamped about four miles from here; that when his party
drew off the others followed, and that yesterdaj;" morning great
numbers were moving off their families and corn. He says that
Cameron offered a great reward for his head, and the man who
brought the first flag. That he advises the Indians to burn their
Towns and corn, because they must then depend on him for ammu-
nition to get meat and by that means to continue the war. He says
that one thousand of the Carolina side Indians are over this side. He
saj-s that Cameron will try to assemble them all some where about
Highwassey and to defend that j^lace, or to bring them to fight. I
intend to speak to some of the wari'iors to catch him . if possible.
He says there are several small parties about us who will do what
harm they can, but that no general battle will be fought except
when I cross the Tennessee, or towards Highwassey, if I follow there.
He says that the whole people of the valley und lower settlements
have come over and quit that country. That their loss of men was
very inconsiderable. I judge the flag was only an excuse for him
to get with me. I believe he is sorry for what he has done. I did
intend to have him put in irons but the manner of his coming I
believe will prevent me. The officers tell me that the camj? is in
great confusion about him, some think there are many favorable cir-
cumstances attending him, and many for killing him, of the last
the greatest part. I spoke luit little to him, and dont know whether
he wants to go back or not. He says that the Creeks are expected

COLONIAL RECORDS. S4';

soon. I shall push first for the Island Toaii, and those who bred
the war, and have thoughts of sparing Chote.

I am sir your most obedient and hujnble Servant,

WILLIAM CHRISTIAN.

[Feoji the Vestry Book of St. Paul's Church at Edentox..]

Proceedings of the Safety Committee in Chowan County.

At a Committee of the County of Chowan met in Committee
Chamber in Edeutou the IS"" Day of October, 1776.

Present: Palatiah Walton, Edward Yail, Joseph Riddick, Hender-
son Standing, David Rice, W" Hoskins, W" Roberts, Demsey Costin,
Josiah Copeland, Thomas Rountree, James Sumner, Charles Roun-
tree, Thomas Hunter, Thomas Benbury, Thomas Bonner, John
Beasley, John B. Beasley, Rich'' Hoskins, James Rice Sen', Evan
Skinner, being a ciuorum of the Committee of the County aforesaid.

Resolved nem. con., that Brigadere Gen' Yail be ajjpointed Chair-
man of this Committee.

Whereupon he took the Chair in form.

The Petition of thirty seven of Capt. Aaron Hill's Company
requesting of this Committee to appoint some person instead of said
Hill.. Tlie Committee thereupon appoints Thomas Hunter in hisr
room & stead, and that the Chairman of this Committee give a
Certificate to said Tliomas LIunter for that purpose.

Resolved, That any member of this <,ommittee who shall be
absent two succeeding meetings without sufficient cause shewn shall
be Expunged from tliis Committee.

EDW. VAIL, C. C.

[From MS. Records in Office of Secretary of State '

Letter from Samuel Johnston to the Council of Safety.

Edextox, 15"' Oct., 177(3.
Dear Sir,

The Bearers M' Wyat and Capt. Chase are interested with M'
Ambrose Knox in a Vessell which has been seized bv order of

848 COLONIAL RECORDS.

Council oil account of some misconduct of one Capt. Cartwright a
part owner, they will state the particular circumstances of their case
to the honourable Council, as they are desirous of having their
Interest at Sea, they will give Bond to see forthcoming any claim or
Interest the publick may have in the Vessell. IN? Wyat is a young
man of considerable property in this part of the Country and both he &
Capt. Chase entitled to every indulgence the Council can consistently
extend to them having been active in importing ammunition and
have both lately been taken endeavouring to serve the public by
other importations.

I have the honor to be with great respect

Sir your most Obedient Servant

SAM. JOHNSTON.

[From MS. Records in Office of Secretary of State.

Letter from the Commissioners appointed to fit out the Privateer
King Tarnminy, to the Council of Safety.

g^^^ Edentox, lb"" Oct^ 177(3.

Since the Resolve of your Honorable Board came to hand for the
King Tammany to Cruize we have been indefaticable in our endeavours
to get her mann'd and rendered fit for Sea, and we have the
pleasure to inform you that She is now nearlj', or quite complete.

We have latelj' been informed the Pcnn-vjlvania Farmer is gone
up to New Bern, to heave down, and will not be ready for some con-
siderable time to proceed on her intended Cruize.

We beg leave to Submit it to your Hon'''' Board whether it might
not be best to alter the Cruizes of the Two ^"essells and Order the
King Tamm.any to take the first Cruize. Also to allow her to Cruize
from Lat: 35 to Lat: 30, to leave the distance from the Coast to the
discretion of the Caj^tain, and allow Six weeks for the Cruize in
place of four.

What induced us to trouble you on this Occasion was this Con-
sideration, that by the last of the month of November, in all proba-
bility, the Jamaica Fled homeward bound will have crossed these
Latitudes, and render the Cruize fruitless to all intents and purposes.

COLONIAL RECORDS. . 849

We have no doubt but it will Occur to you, it will be necessary to
give the Bearer as much dispatch as possible as the King Tammany
will be ready to go down next Wednesday.

We have the Honor to be, Most Respectfully Sir,

Your most Obed' Serv", &c.,

THO^ JONES
ROB* HARDY
ROB. SMITH
Commissioners, &c.

[Froji JIS. Records in Office of Secretary of State.]

Letter from Robert Hardy to the Council of Safety.

Edentox, IS"*" Oct^ 1776.
Sir,

In Obediance to an Order from your Hon"" Board I have pur-
chased a quantity of Mens shoes for the Army, and have now by me
two hundred and twenty pair. Please let me know b}^ return
Express whether you will have them sent to Halifax for the use of
the Army now there or keep them by me until future orders.

M' Jones tells me it would Ije proper to purchase a quantity of
Leather Britches. As Britches was not mentioned in the Articles
your Board gave me Orders to purchase shall be glad to know
whether I shall purchase any or not.

I have the Honour to be
Sir Your most Obed' Serv'

ROBERT HARDY.

[From MS. Records in Office of Secretary of State.]

Letters from the North Carolina Delegates in the Continental Con-
gress to the North Carolina Council of Safet3^

Phila., Oct. IfA 1776.
Gentlemen,

This goes with four Waggons charged with different Articles
agreeable to Invoices inclosed for the State of North Carolina. The

VOL. X — 54

850 COLONIAL RECORDS.

necessities of our army at^Ticonderoga where the Winter makes such
early advances, tlie j^ressing demands of General Washington from
New York, with the scarcity of cloathing here, will explain to you the
reason of this provision having been so long delayed.

We have agreeable to your advice thought it prudent to purchase
rather than hire Waggons and Teams and have been particular in
the choice of the horses that you may incur as little loss as possible
in the sale of them if you should not think proper to reserve them
for Continental use. The waggons are well calculated for our roads
as in selecting them we have had an eye principally to make them
useful to our troops in their movements, as they are liglit and not
constructed upon so heavy a plan as those made use of in the Eastern
States. The prices of the Horses and waggons are high but eonsid-
eriflg the vast demand for them for public use are not excessive.

The proceedings of the Continental Congress since September
must be very necessary to assist your deliberations at the next con-
vention. AVe have therefore sent you 12 copies of them. You will
observe the Apology which the Bookseller makes for packing other
Articles with them, as they are such as will be useful to the State, or
if not may be sold witliout loss; we have tho't proper to forward
them.

As the waggons will proceed very slowl}' we shall make use of the
post or some conveyance which will reach you before this to write
you upon tlie State of public affairs and whatever else we may deem
interesting to North Carolina.

We are Gentlemen with great

Respect Your Obed' Serv"

W" HOOPER

We send 200 Copies of the Articles of War.

Honoured StK,

By favour of Mr Penn I inclose you Copies of the Several bills of
parcels which go by Waggons which in all prol)ability will arrive
about the Time this reaches you.

The Waggons & Horses are purchased for tlie State of North
Carolina. I therefore send you a very particular account of the
.several prices & descriptions of the Horses. The Letters ife papers
which the Waggoners upon tlitir arrival will hand you will explain

COLONIAL RECORDS. Sol

this transaction more fully. Permit me in the Meantime to Sub-
scribe myself with great Resj^ect

Sir Your' & the Convention's

Most Obed' Hum'"^ Serv'

W" HOOPER.
Oct. 26^ 177G, Philadelphia.

Philadelphia/ October 18'^ 177G.

Invoice of »Sundry Packages of Clothing sent by Mease and Cald-
well '^ order of the Hon"" Delegates from North Carolina for the
use of the Army there, addressed to the Council of Safety of North
Carolina at Halifax.

Per Wagon.

N° 1. A case containing 320 Privates' Coats, Mixt Cloth faced
with Red.

N° 2. A case containing 320 Privates' Coats, Drab, faced with Blue.

N" 4. A case containing 264 Privates' Coats, Brown, faced with
White; 32 Serjeants' Coats, Brown, faced with White; 16 Drums &
Fifes, White, faced with Brown.

Per Michael Truby's Wagon.

N° 3. A case containing 240 Privates' Coats, Drab Cloth, faced with
Blue ; 32 Sergeants' Coats, Drab, faced with Blue ; 16 Drums & Fifes,
Blue, faced with Drab.

N° 5. A case containing 312 Privates' Coats, Brown, faced with
White.

N° 11. A case containing 240 pairs Drilling Breeches.

Per .James Cartwright's Wagon.

N" 0. A ease containing "JSO Privates' Coates, Drab Cloth, faced
with Red.

N" S. A case containing 296 Privates' Coats, Brown, faced with
Red.

N° 10. A case containing 266 Pairs Drilling Breeches.

Per Anthony Hinckle's Wagon.

N" 7. A case containing 131 Privates' Coats, Drab Cloth,'faced
with Red ; 1.54 Privates' Coats, Brown, faced with Red.

852 COLONIAL RECORDS.

N" 9. A case containing 240 Privates' Coats, Mixt, faced with Red;
21 Seijeans' Coats, Brown, faced with Red ; 5 Privates' Coats, Brown,
faced Red.

N° 12. A case containing 500 Stout Oznaburgh Shirts.

Mess" Hewes, Hoojjer and Penn Esq" North Carolina Delegates

To Jacob Ililtzheimer, D''
1776.

Sept. 28. To Col. Slough's Team N<" 1, viz'

One Bay Horse 5 years old tlie sad-
dle Horse £30 0 0

One Black Horse 7 years old the

offside Horse 45 0 0

One Black Horse 7 years old the

leader with a starr 35 0 0

One Black Horse 8 years old the

off Horse with a Starr & Snip 35 0 0

The waggons, hand screw & chains 35 0 0

TheGeers 17 0 0

The Bags 10 in Number 3 0 0

The keeping the above Team from

the 30* September to the 24*

Instant inclusive, including the

Waggoners' Expences 24 0 0

224 0 0

Oct. 2. To 1 Black Horse 6 years old fur 2^

Team N° 2, with a Starr 40 0 0

To 1 Bay Horse 5 years old i)aid

Henry Hinckle 35 5 0

To 2 Black horses of M' Hancock

one 6 & one 7 years old, each a

Blase 90 0 0

To 1 Waggon bo' of M^ Hancock -. 40 1 5

To the harness maker's bill 13 0 4

218 0 9

To 1 Bay Horse G years old of Jn°

Paul 3* Team N° 3 35 0 0

To 2 Black Horses 4 years old, each

one hath a white foot 100 U 0

COLONIAL RECORDS. 853

Oct. 2. To 1 Black horse 8 years old with a

Starr £25 0 0

To the wheelwright's bill for a wag-
gon 15 19 6

Blacksmith's bill for said waggon__ 24 19 6

Harness maker's bill for ditto 15 10 10

Waggon Cloth for ditto 3 12 0

220 1 10

-l'" Team, N' 4, Waggons & Geers, &':
To 1 Chesuut Stallion 4 years old,
1 Chesnut Gelding 5 do.,
1 Gray Mare 5 do.,

1 Bay Gelding, 10 do 142 10 0

To 1 spare Black Horse 4 years old,
• mealy Nose for the Conductor.- 35 0 0

To painting the waggon & Cloth 2 5 0

To keeping 8 Horses from the first of

October 144 Days @ 3' f day 21 12 0

To ditto 1 horse from the 7th do. 11

Days® 3' 1 13 0

To ditto 4 horses 4 days each, 16 days

@3^ 2 8 0

Oct. 19. To cash paid for halters 13 0

To ditto paid Peter Nigh wagoner, ] 9
days wages to this day exclusive, at
five pounds "^ month. (Entry begins

this Day 100' f month) 3 3 4

To William Rex, Conductor, IG Days

at 110'^ month 2 IS 8

To James Cartwright, wagn', 16 Days

at 100'^ month 2 13 4

To 'Anthony Hinckle, do., 3 Days @

100' "# month 10 0

To Michael Truby, do., 5 Days @ 100'

'§ month, the whole entr^^ this day 16 8

10 2 0

To Cash paid for sundry Stores for the
waggoners, Rum, Oil, Sugar, Choco-
late & Kettles & Buckets 7 7 0

854 COLONIAL RECORDS. ^

Oct. 19. To Peter Hays' Bill for victualling the

waggoners £9 7 11

To Cash paid Will" Rex, Conductor,

for expences on the Road SO 0 0

975 6 6

To Commissions @ 2* ^ C 24 7 S

999 14 2

SUPKA O

Sepf^ 28. By Cash received of M' Hewes 378 0 0

Balance due £62114 2

Received of William Hooper and John Penn delegates for the
Province of North Carolina —

N° 1. Waggon and four horses (Peter Nye driver) with 3 large boxes
containing cloathing.

2. A Waggon & four horses (Mich' Truby driver) with 2 large

boxes containing cloathing.
2 small Ditto.

3. A Waggon and four horses (.Ja' Cartwright driver) 2 large

boxes of Cloathing.
2 small ditto.

4. A Waggon & four horses (Anth^ Hinckle driver) 3 large boxes

of Cloathing.
1 small ditto of Medicines. ^

1 spare liorse rode by W"" Rex.
All which Articles of loading togetlier with the Waggons and
horses I engage and promise to deliver at Halifax in the State of
North Carolina to Wyllie Jones Escf or the Council of Safety of that
State or such other persons as they shall appoint to I'eceive them
(saving only such accidents as may be unavoidable on my waj'
thither). WILLIAIM REX.

Philadelphia Oct. 19"-, 1776.

COLONIAL RECORDS. 855

Mess™ Hewes, Hooper & Penn, N° Carolina Delegates

To Jacob Hiltzheimer, Dr.
1776. -

Sept. 28*. To Col. Slough's Team N° 1, ^^iz':
1 Bay Horse 5 years old the

saddle horse £30 00

1 Black d" 7 Years old the off

Side Horse 45 0 0

1 ditto 7 Years old the Leader

with a Star 35 0 0

1 D" 8 Years old the ofF Horse

with a star and Snip 35 0 0

The "Waggon Hand Screws &

Chains 35 0 0

The Geers 17 0 0

The Bags 10 in Number 3 0 0

To keeping the above Team

from the 30'" of Sep' to 24"

Ins' inclusive including the

Waggoners Expences 24 0 0

£224 0 0

To 1 black Horse 6 Years old

for 2" Team N" 2 with a Star £ 40 0 0
To one bay Horse 5 years old

paid Henrv Hinckle 35 5 0

To 2 black d" of Mr. Hancock's

one 6 & one 7 years old each

a Blase 90 0 0

To 1 waggon bo' of M' Hancock 40 1 5
To the Harness Maker's Bill__ 13 0 4

£218 6 9

To 1 bay Horse 6 years old of

Jn° Paul 3^ Team N" 3 £35 0 0

To 2 black Horses 4 years old,

each one has a white Foot_- 100 0 0
To 1 b-lack d" 8 years old with

a star 25 0 0

To the wheelwright's bill for a

wago-on 15 19 6

"toti^

Blacksmith's Bill for said wag" 24 19 6

S56 COLONIAL RECORDS.

Sept. 28. Harness makers's Bill for d" __ £15 10 10

Waggon Cloth for d° 3 12 0

£220 1 10

4"" Team, N° 4, Waggon & Geers &c:
To 1 Chestnut Stallion 4 years

old
1 d" Gelding 5 years old,
1 Gray Mare, 5 d°

1 Bay Gelding 10 d° £142 10 0

To 1 spare liorse for the Con-
ductor, Black 4 years old,

Mealy Nose ' 35 0 0

To painting the waggon & Cloth 2 5 0

To keeping 8 Horses from the

first of October, 144 days @

8s. f day Jl 21 12 0

To keeping one horse from the

7"' of October, 1 1 days (« . 3s.

"#day 1 13 0

To keeping 4 horses 4 days, 16

days @ 3s. f day - 2 8 0

£807 16 7
SurKA C

Sep' 28. By cash Rec" of M"- Hewes £378 0 0

£489 16 7
Ocf. 19. To Cash paid for Halters £ 13 0 0

To cash paid Peter Nigh waggoner
19 days wages to this day exclu-
sive at five Pounds 1? Month,
Entry begins this day @ 100s. '^
Mouth 3 3 4

To cash paid W" Rex Conductor,

16 days wages ^ 100s. '^ Month 2 18 8

To cash paid James Cartwright, 16

days wages @ 100s. f ]\Ionth -._ 2 13 4

To cash paid Anthony Hinckle, 3

days wages @ 100s. "# Month-__ 0 10 0

COLONIAL RECORDS. 857

Oct. 10. To cash paid Michael Truby, 5 days'

wages at IOO3. f Month £1Q 8 0

£ 10 2 0

To cash paid for sundry stores for

the Waggoners, Rum, Oil, Sugar,

Chocolate & Kettle & Buck'' 7 7 0

To cash paid Peter Hays' Bill for

victualling the Waggoners 9 7 11

To cash i^aid W" Rex Conductor for

Expenses on the Road 80 0 0

To Commissions frt, 2J f Cent 24 7 8

Ballance due £621 14 2

To Cash paid .Joseph Fox hisBilL_ 2 10 U

£624 4 3|
The above sum equal to 1664 Dollars and near -|.
Receiv'd of William Hooper Esq' Delegate for the State of North
Carolina the above sum of six hundred and twenty four pounds
four shillings & three pence in full of this account.

.JACOB HILTZHEIMER.
Philadelphia, Oct' 21"', 177<;.

[From MS. Records in office of Secretary of State.]

Field Return of General Moore's I^rigade.

- SiK,

In Consequence of a Resolve of tlie Council of the lU"" Ins', in
which I am desired to lav before them the state of the Brigade
under my Command I hereby inclose You a General return of the
Foot, the last returns (made to me) of the Artillery Comp.my &
Captain Dickerson's Company of Light Horse. When the Council
have done with them, I should be glad if they were returned, as I
have not got duplicates.

I have the Honor to be

Sir Your Obed' Hum"'' Serv'

Ja. MOORE.
October 21", 1776.

858

COLONIAL RECORDS.

[From JIS. Records in Office of ■
A General Return of the Brigade Commanded by Colonel Moore.

GENS
ATT^

1^' Batt'-

*3id (Jo

4"'d°

gth ^o

6*d°

02

PRESENT.

FIELD
OFFI-
CERS.

Oi 3 ;:^

■51-- ^

ll 1

11 3 4 3244319

COMM''

OFFI- ! STAFF OFFICERS.
CERS. i

CO S3 . . !
S 5 F

i

1^

^ i'

714 51

8 6 3:

5' 9l 4^
412 5'
522:

1 li

O ' o

-J2 /J

1' 14 2 41 3 5 4 295 2

NON■COMMISSIO^''
OFFICERS.

^

5g

<X

hf

X

03

b4

0)

00

.1;

nl

Ml

cy

GQ

1 1
1 1

34
30

30!
30
11

RANK AND
FILE.

TOTAL. I

WANTIXli
I TO COM-
PLEAT.

%

[x,

03

0

89
90

78
128

4

183
131

92

7K

57
118

o

IX! b I

108 120, 48

167
232'

332
337
276

6 26e01496L>a

1.324

£ .<

•o ■

c :•

et -!

*Present with Colonel Martin at Silisburv

N. B.

pt

R

eginicnt

9iid

do

Orel

do

■the 81 said to be on Command are in Georgia.

75 on Command in Georgia,
the whole on Command in Georgia except the 37 withj

October 2()'\ 1776.

^

COLONIAL RECORDS.

859

OF Secretary of State.]

SINCE LAST RETURN JOINED.

ON COMMAND.

a

43

146

M

FIELD
OFFICERS.

COMM""
OFFICERS.

STAFF OFFICERS.

H

10

NON-COIIM'*

OFFICERS.

i

_

(^

;h

•^

.ij

r-1

a

ffi

:-*'

q

^

to

!>

3

a

03

cc

^

Q

K

6

81

1

34

4

1

58

6

4

84

17

5

257

TOTAL

O

ip

310
267
*^7
451
504
463
3

2,035

Colonel Martin.

W" WILLIAMS, Brig^ Major.

800 * COLONIAL RECORDS.

[FnoM MS. Records of Virginia.]

Letter from the North Carolina Council -of Safetj' to Governor Pat-
rick Henry, of Virginia, about the Cherokee Expedition.

Halifax, Oct. •2o'^ 1770.
Sir,

Mr Sharp, a gentleman of our board, v\-ho accompanied Gen^
Rutherford, on the Expedition against the Cherokees of the ]\Iiddle
& Valley Settlement.s, having just returned ; We take this oppor-
tunity of communicating to You, pr. post, the Intelligence which lie
brings.

Gen' Rutherford, with his whole force, whereof we informed You
in our last, marched from the head of Catawba River, on the 1" of
Septemb'', and arrived, unmolested, and undiscovered, within thirty
miles of the middle Settlements, — from thence he ordered a
Detachment of one thousand men, by forced Marches, against the
Towns, in ordtr to surprise the Enemy. The Detachment, on their
way, were attacked by about thirty Indians, who fired, and imme-
diately fled, having wounded one man in the foot. It is but justice
to our Troops to ob.serve that when they were fired on, and expected
the enemy on every Side, the'only contention among them was, who
Should be foremost to share the danger and the promised Fight.
The Detachment, without further Interruption, proceeded to the
Towns, (which the Indians had evacuated before their arrival) and
destroyed them. From hence about 900 Men, under the command
of Gen' Rutherford, Avho had left the main body, taking ten days
provision, Marched on against the Valley Settlements. They found
great Difficulties, & were much embarrassed, and for want of an
intelligent pilot, crossed the jNIountains at an unaccustomed place,
by which means they were, to their great Mortification, disappointed
of an Encounter with about 500 Indians, who were then, and had
been for Several days before, lying in ambuscade on the common
crossing place. Two days after this Col° Williamson, with the
South Carolina Troops, crossing at the usual place, fell into the
ambuscade, was attacked and lost twelve killed & twenty wounded,
but defeated & put the Enemy to the Rout, with the loss of about
14 killed. Their loss is supposed to be mucli greater; but only
fourteen were found Ui>on the ground. Gen' Rutherford destroyed

COLONIAL RECORDS. * 8G1

the greater part of the "\"alley Towns, killed twelve & took nine
Indians, and make prisoners Seven White Wen, from whom he got
four Negroes, a considerable Quantity of Stock & Deer leather, about
100 w' of gunpowder & 2000 of Lead, to the amount of £2500 proc,
which they were conveying to Mobile. Col° Williamson, with the
So : Carolina Forces,' now joined Gen' Rutherford, & having
destroyed all the Towns, the corn and everything which might be
of Service to the Indians, it Avas determined by the Commanding
officers to I'eturn to their respective States, it being utterly impracti-
cable to go against tlie Overliill Cherokees, the gap thro' the Moun-
tains being impassable for an Army, in case of Opposition. Gen^
Rutherford's Army was Never opposed by any considerable body of
Indians. He lost three men only. Mr Sharp Supposes that Many
of the Indians lay concealed in the Mountains, that some had gone
to the Overhills; but that the greater part had fled South AVestward,
to Coosawatee River, bordering on the L'pper Creeks. Should Your
Array meet with any Signal Success against the Overhills, or should
they only destroy their Towns & Corn, we flatter ourselves that the
Southern States will suffer no further Damage this Season, from the
Savages, as it will employ their whole time to provide Sustenance,
& Shelter for their Squaws, & children.

We are, with the Greatest Respect

Sir Your most Obed'

& most Humble Serv'

WILLIE JONES, Presid't.
Bv order of Council.

[From MS. Recoeds ix Office of Secretary of State.J

Letter from William Tisdale to the Council of Safety.
D^ Sir:

You will receive a Letter by the Hand of M' Stanley from Me,
recommend^' him to j'our Notice. I am sorry to Inform you that
since the writing the s'd Letter I have been inform 'd of several Cir-
cumstances in the Conduct of the afores'^ gentleman which puts me
under the disagreeable Neccssitj' of desiring you to look upon that
Letter as tho' it was never wrote. In such a case as this I should

862 COLONIAL RECORDS.

think it unpardonable to deceive an}' Gentleman, more especially a
Member of the hon. Council of Safety, & am with great" Respect

D' Sir your M. Obe. Hum. Ser',

WILL. TISDALE.

[FEOii MS. Records .in Office of Secretary of State.]

Letter from William Hooper, Delegate from North Carolina to the

Continental Congress, to the Congress at Halifax.
HoKOURED Sik:

I beg leave through you to address the honourable the Congress
of the State of North Carolina, and to explain to them tlie motives
which induce my stay here at a time when the return of their dele-
gates may be considered as an act of duty which they owe to those
who constituted them. A desire to be present at that interesting
period which is in a great measure to decide upon the portion of
happiness which Carolina is to enjoy in its state of indejieudeucy,
weighs powerfully with me. And tho' my country may not have
thought proper to have called me as a colonial delegate to assist in
her councils in framing a system of Government for her future reg-
ulation, yet I most earnestly wish to be with you, altho' I should
be only an inactive spectator of the Game in which every member
of the State risques so great a Stake. That man must possess a
more 'than .stoical Apathy who can be indifferent to the event of
deliberations which is to involve the rule of conduct whicli is to be
prescribed to him, and under the influence of which he is destined
to spend the remainder of his days, & be happy or miserable in pro-
portion as the spirit of the government .shall be adapted to those
whom it is intended to control. Another niDtive wliich has a jiower-
ful influence with me is the insight wliich in the course of tlie busi-
ness of the Continental Congress one necessarily obtains of the con-"
ditioii of the Continent at large, and the possibility of apidying this
experimental knowledge to the benefit of our own State. Were I
upon the spot, in this respect I might be made perhaps convenient,
tho' only us the vehicle of useful Intelligence.

I might explain to you the measures of tlie Continental Congress
so far as the}' concern our State, and contrilnite my mite to aid tiio
purposes for which they arc intended. My private connections have
a large .share in my inclinations. A family seated in that iiart of

COLONIAL RECORDS. 8G^

tlie State whither Lord Howe will no doubt direct the first efibrts of
his winter campaign, excites an anxiety that I am too much of the
man not to feel in the mo^t sensible manner, and earnestly wish to
snatch them from imjiending danger.

These are considerations which one would imagine could scarce
be over ballanccd by any pi'ivate or publick duty. The case is
otherways — and from an obligation superiour to them all, I am
induced for the present not to accede to them.

The necessary absence of my two very worthy Colleagues from
the Continental Congress leaves the representation of the State of
Carolina with me singly. At this critical period when the fate of
American liberty may depend upon the full and perfect exertions
of America on a sudden, when the energy of this Congress must be
felt thro' all the parts of this extended Continent, Representation
should be as large as possiblt", least the united Councils of America
should lose their weight, from the fewness of those who are concerned
in them. Thus circumstanced to leave the seat of our State vacant
would be a gross violation of the sacred trust which you have reposed
in me, and might be considered by America as a dishonourable
desertion of her in the day of danger. The honour of North Caro-
lina is concerned and with me that supersedes every other considera-
tion.

AA'e have a large army in the neigbourhood of New Yoik and
Gen. Howe wi;h a formidable one to oppose it. The maneuvers of
our Enemies indicate a design to bring on an action. The armies
have continued for 6 days within a mile of each other, skirmishing
at the extremities; this must soon communicate to the center and
the action become general. What will be the event Heaven alone
knows. Success is so of en the result of unforeseen accidents that
•the most experienced never count with confidence. Our hopes are
indeed sanguine. Our general stands high in the opinion of those
who know him — as the soldier, the citizen, the man, his character
is great. Lee is with him and is an able assistant, and we have
very many other officers who would do honour to any Corps in
Euroi)e. Our men are in high spirits zealous for action, leaving
the event to Him who has most miraculously fought for us on
former occasions — We trust we shall succeed, but the contrary is
possible, as such this congress means to provide for such an event, if
it does not happen our precautions will have been u.seless & this is
the worst epithet that they will merit. Should we be defeated at

864 COLONIAL RECORDS.

New York it is absolutely necessary that a full congress should be
upon the spot to counteract the uses the Tories may make of it to
dispirit our friends, to encourage the disaffected and bring our
glorious cause into disrepute. Men who have made observations of
the History of past ages, or studied the nature of things, are con-
vinced that uninterrupted success is not the portion of man how-
ever meritorious his cause, but others who think superficially or are
too lazy to thinlv at all, men who have weak nerves, or like the
Cappadocians chose rather to be slaves than freemen — despising
the habit of thinking for themselves — these and such as these are
governed by the event of the day, and if they do not run on in a
continued tide of success, they lift up their hands in despair and
give over all for lost; Tliese unhappily are the bulk of mankind; it
is the history of Human nature not of any particular place. Such
exist here. To prevent tlie consequences of such ill grounded terrors,
which when once set afloat spread like a contagion, it becomes the
duty of the continental delegates by no conduct of theirs to give
occasion to the weak or wicked, to draw insinuations from their
conduct that may encourage such a spirit. This furnishes another
reason, if another was necessary, to explain the motives of my con-
tinuance here.

With respect to the state of public afflxirs in this part of the Con-
tinent I beg leave to refer you to M'' Hewes & j\r Penn; satisfying
myself with making some observations which necessarily arise out
of the facts, and which may not occur to you at your distance from
the Scene of Action. The successes which General Howe has
obtained on Long Island and New York have been magnified into
such importance that one would imagine that they proved a total
incapacity on our part to resist him & must necessarily involve tlie
ruin of our cause. Strange infatuation. What are the miglity feats
that the utmost exertions of Great Britain by sea and land, aided
with all the auxiliaries that Germany would credit them with, col-
lected into a focus in tlie centre of America, performed? Tliey have
taken possession of Long Island and York Island, the first they
purchased at the expence of 1000 men after a well fought battle
which with 3000 men we maintained against twice that number, &
wlrere success was even then determined in their I'avor by a superior
stroke of experimental Generalship. Were we di.sgraced here? No!
we retired in a manner that would have honoured a Roman (ieneral,
and they took possession of tlieir dear bought purchase, with notli-

COLONIAL RECORDS. 865

ing to boast but lliat from their shipping they might liave cut off
our comraunicatiou with our main aimy ami prevented us a supply
of provisions. Have they any exti-aordinary merit in the acquisi-
tion of New York? Believe me they have none. This place was long
ago thought incapable of defence against shipping, and an expe-
rienced Engineer wlio some time ago was sent out for the express pur-
2)ose of fortifying it declared that it was impossible to make it formid-
able. It required more men than we could spare to make it ten-
able, and as we. had many other ports to which as well as to this
the Enemy had access with their shipping. It was tho't prudent to
abandon it and concenter our force where the Enemies Ships could
not annoy them. Have the Enem}' notwith.standing this advanced
into the Country? No! they keep close to their shipping and with all
their advances have not yet marched a mile into our Country. The
trouble (for that was all, the work being done by the soldiers v.'hen
otherwise they would have been idle, saving the greatest part of the
expence) of erecting Batteries was well bestowed. It has retarded the
Enemies operations, advanced a Summer Campaign into the month of
November, distressed them for food, and gives us opportunities to arm
and accouter & cloath our own army and furnish them Vi'ith the
means of defence. Staten Island has seen British Troops iiy before
us. The 10"' on Haerleni plains, it is believed they lost near 1000
in killed ife wounded, & we held possession of the field — last Week
they left 150 dead near Frog point to grace the success of Gen'
Glover — Deserters say they lost above 500 in killed & wounded.
A skirmish at Roclielle last ^\'eek thinned them of 30 or 40 more.
Plow stands the ballance? Britain surely lias not much to boast.
The Officer.^ of the British Troops called Long Island a second
Bunker Hill Affair — and I believe it proved so to them.

Altho' this skirmishing immediately decides nothing of importance
yet as it 'accustoms our troops to the sound of musquetry, it is of
essential service to them. Many men have courage by mechanism,
& fighting may b}' frequent practice become so liabitual as to con-
stitute part of a man's pleasures.

The affair on the lakes is a matter of real imjiortance, and the suc-
cess which the BrTtish troops have obtained must for some time give
them the command of the entrance into Canada, but^t is a Victory
which they have obtained not at the expence of American honour.
The Conte>t was maintained on our side with a bravery that would
have graced the page of Roman history.

866 COLONIAL RECORDS.

Success decided in favour of vastly superiour numbers and
strength. Britain fouglit on the AVater, her national Element,
against the infant efforts of America, in the formation of naval
strength. It is a fact which they confess that we did all that men
could do. When in a future period justice shall be done to Arnold
who commanded. Posterity will lament that such amazing fortitude
should have been attended with such undeserved ill fortune. I
flatter myself that should they make an attack upon Ticonderoga
Gen' Gates will give a good account of them. He has 9000 effective
men in good spirits, reinforced b}' a large body of Militia who con-
sider this pass as the key to the Eastern Colonies and are determined
not to cede it but with their lives. M'' Penn will inform the Con-
vention of any other matters of publick import as Avell as of a re, ort
which prevails and is believed of Gen' Howe being wounded l»y a
cannon Shot in the Leg.

Before I close this letter I beg leave to hint a few things for the
consideration of your honourable body ; you will give them atten-
tion in ])roi>ortion to their merit, and pardon my i)resump)tion in
offering them from the motive which influences me; which is a sin-
cere wish to promote the publick good and even at this distance
contribute my mite to aid the useful purposes for which you are
assembled.

The first and most important object which will engage your delib-
erations will be the formation of a constitution of Government,
under which yourselves and posterity are to be happy or miserable.
As the happiness of society ought to be the end and aim of all Go\'-
ernmcnt [& that is most promoted bj^ assimilating it to the temj>ers,
pursuits, customs & Inclinations of those who are to be ruled), in the
plan proposed for the future regulation of their conduct I doubt-
not much regard will be paid to the prevalence of liaViit, ct that
system adopte<l which will remedy the defects of tlie poficy under
which we have lately lived, without such a violent deviation as may
tend 1(1 ]ii'oduce a convulsion from unnecessary alterations. I am
well assured that the Britisii Constitution in its purity (for what is
at j)resent .stiled the British Constitution is an apostate), was a system
that approached as near to perfection as any couITl within the com-
pass of human iihilities. Tlie powers of the Crown are [icrhajis too
independent of the peoj)le, and tho' u]H>n I'uiiilaiiiental luinciples,
derived from and subject to Revocation, yet Irdui being long exer-
cised, to an inattentive people they assume the appearance of lieing

COLONIAL RECORDS. 867

the inherent right of sovereigntj-, and subjects are so dazzled or dis-
mayed with the Blaze of Majesty as not to dare to question the
source from which power is derived. Plence it is nece.?sary that
recurrence should often be had to original principles to prevent
those evils which in a course of years must creep in and vitiate
every human institution and by insensible gradations at length steal
upon the Understanding as part of the original system. To these
pure, genuine, unadulterated principles I sincerely wish we may, in
our present state, untrammelled by any rule but that of right, have
recourse. Let us consider the people at large as the" source from
which all power is to be derived, & that whatever restraints may be
imposed upon them, if they have not their happiness as their only aim,
are the fetters of tyranny and the badges of slavery. Rulers must
be conceived as the Creatures of the people, made for their v;se,
accountable to them, and subject to removal as soon as they act
inconsistent with the purposes for which they were formed. With
this for a Basis, if we will divest ourselves of theoretical or practical
prejudices, except as they arise from knowlege founded on experi-
ence, we shall find little difficulty in adopting a form of Govern-
ment whicli will be stable and lasting. The Constitution of Britain
had for its object the union of the three grand cjualities of virtue,
wisdom and power as the cliaracteristicks of perfect Government.
From the people at large the first of these was most to be expected ;
the second from a selected few whom superiour Talents or Vjetter
opportunities for Improvement had raised into a second Class, and
th& latter from some one whom variety of Circumstances may have
placed in a singular and conspicuous point of view, and to whom.
Heaven had given talents to make him the choice of the people to
entrust with powers for sudden and decisive execution. The middle
class, like the hand which holds a pair of scales balancing between
the ou" & the manij, and impartially casting weight against the scale
that preponderates in order to jircserve that equality which is the
essence of a mixed .Monarchy, & is called the ballance of power.
Might not this or something like this serve as a Model for u.s. A
single branch of Legislation is a many headed Monster which with-
out any check must soon defeat the very purposes for which it was
created, and its members become a Tyranny dreadful in projjortion
to the numbers which compose it. And possessed of power uncon-
trolled, would soon exercise it to put themselves free from the
restraint of those who made them, and to make tiieir owit- political

868 COLONIAL RECORDS.

existence per2:)etual. The consultations of large bodies are likewise
less correct and perfect than those where a few only are concerned.
The peoi)le at large have generally just objects in their pursuit but
often fall short in the means made use of to obtain them. A Warmth
of Zeal may lead them into errors which a more cool, dispassionate
enquiry may discover and rectif}-. This points out the necessity of
another branch of legislation at least, which may be a refinement of
the first choice of the people at large, selected for their Wisdom,
remarkable Integrity, or that weiglit which arises from property and
gives Independence and Impartiality to the human mind. For my
own part I once thought it would be wise to adopt a double check
as in the British Constitution, but from the Abuses which power in
the hand of an Individual is liable to, & the unreasonableness that
an individual should abrogate at pleasure the acts of the Represent-
atives of the people, refined by a second body whom we may call
for fashion's sake, Counsellors, & as they are a kind of barrier for
the people's rights against the encroachments of their delegates, I
am now convinced that a third branch- of Legislation is at least
unnecessary. But for the sake of Execution we must have a Magis-
trate solely executive, and with the aid of his Council (I mean a
Priv5^ Council) let him have such executive powers as may give
energy to Cfovernment.

Pennsylvania adopted the visionary system of a single branch.
The people soon saw the Monster the Convention had framed for
them with horror, & with one accord stified it in its cradle before it
had begun its outrages.

The Constitution of Delaware has in my opinion great merit.
From this with the Plans of South Carolina and New Jersey may be
framed a System that may make North Carolina happy to endless
ages. I admii-e no part of the Delaware plan more than the aiijioint-
ing Judges during good behaviour. Limit their political existence
and make them dependent upon the suffrages of the people, that
instant you corrupt the Channels of publick Ju.stice. Rhode Island
furnishes an examiile too dreadful to imitate. Pardon me if I have
trespassed too far; my Zeal- for the happiness of my Country at a
period when it is in a manner to be decided upon has hurried me
beyond the bounds of propriety. Happy should I be could I con-
^sistent with duty to you contril)ute my mite to raising the glorious
structure, but if tliat cannot be, God grant that I may M'ith trans-
port hail vour hnmlywork when comideated, built upon the founda-

COLONIAL RECORDS. 869

tion of pure genuine liberty mid upon those principles upon which
the happiness of human Society depends.

I cannot but most earnestly press upon 3'ou the necessity of forti-
fying the harbours of Carolina into which the Enemy have access,
their Absence gives you ample opportunity at present for that pur-
pose, the only objection must arise from a scarcity of battering
cannon; Some you have which might be made useful and it is
impossible to apply them more beneficially than as I proposed. If
the Enemy could be kept out of Cape Fear River, where else could
they land? What a Security for our own & the shipping of those
who may wish to carry on trade with us. It might be accomplished
by drawing the regular troops together at the Entrance of CajDe
Fear and having a great number of hands to perfect the Work
immediately. Could not cannon be borrowed from South Carolina?
You will soon be in a Condition to repay them from your Iron
Works; the vast advantages which would result from this measure
to the Continent at large would no doubt induce South Carolina to
aid you in the Attempt. At any rate is it not a Subject worthy the
appointment of a Committee instantly? If you resolve upon it
send an express to me & I will endeavour to procure an Engineer to
superintend the Works.

Your Iron Works deserve your most strenuous exertions. j\P
]Milles who has been sent hither by the Council of Safety will inform
you of what he has with the Assistance of your delegates accom-
plished. I think him sensible. I wish you may have the benefit
of his abilities in carrying this most excellent plan into execution.
It will be expensive, but when we consider the work as a Cannon
foundry and manfacture of Shot and other implements of War and
that upon a proper supply of these our salvation as a free people
must in a great measure depend — when we reflect that Husbandry,
manufactures, the very means of our subsistence must depend upon
internal supplies of iron tools implements and Utensils, our trade
with Britain being altogether interrupted and elsewhere in a great
measure — the expence, I say under such Circumstances ought not to
weigh even as a feather. Since Milles left this an ingenious Man
in the process of Cannon casting has applied to me. Should you
think prudent to employ him I must have very early notice of your
Intentions.

The delegates from North Carolina have exerted their utmost
endeavours to procure Salt pans in obedience to the Council of Safety.

870 COLONIAL RECORDS.

They have been deluded witli false promises from time to time and
at length have been told that the demand at home for Plate Iron is
such that they cannot spare any to go abroad. We must rely at
present upon Frederick & soon I hope upon our own Works at Deep
Rivei".

Can anything be more necessary than filling up our own Regi-
ments immediately? The plans which the delegates from your
State have sent to you shew the advantageous terms which are offered,
and the additional resol\re inclosed relative to Cloa thing makes pro-
.posals which I think must be irre.sistilde and tend immediately to
compleat your Military allotment.

By waggons which left this last Sunday we have sent you what
Cloathing can from this at present be procured, some copies of the
proceedings of Congress to May, some medicines & Articles of War.
The Horses & waggons are purchased for our State. The Invoice of
the whole together with the Exj^ences of the Books & Teams are
with the waggoners. If I have time before M"' Penn leaves this I
will send copies of the whole, rectifying an Error in the Commissary
of ^\^aggons Account, he having charged some trifle less than
what he was entitled to.

I am Gentlemen, With the Greatest Respect,
Your most Obcd' most Obliged Humble Serv'

WILL. HOOPER.

I send the plans of Gov' of several States.
Philadelphia, Oct. 21^, 1776.

[Fkom MS. Records is Office of Secretary of St.\te.]

Certificate showing the attendance and proficiency of W'" R. Davie

in Princeton College.

I here testify that the Bearer \\'illiam R. Davie Studied in this
College for two years preceeding this Date behaving himself regu-
larly & ajiplying to his Studies with Success, that he was examined
& admittcil to the Bachelors Degree of which an authentick Instru-
ment will 1)0 delivered to him at the first Jleeting of the Board of
Trustees, he is in the meantime recommended to all Lovers of
Religion & Learning as deserving of Encouragement. Tiie above
is written & Signed at Princeton Oct. 20'", 1770, by

JOHN WITIIERSPOON.

COLONIAL RECORDS. 870a

[Reprinted from the University Magazine. Vol. 4. P. 259.]

Instructions to the Delegates from Mecklenburg to the Provincial
Congress at Halifax in November, 1776.*

At a general Conference of the inhabitants of Mecklenburg assem-
bled at the Court-house on the first of November, 1776, for the
express purpose of drawing up instructions for the present Repre-
sentatives in Congress the following were agreed to by tlie assent of
tlie people present and ordered to be signed by .John M. Alexander,
Chairman chosen to preside for the da}' in said Conference.

To Waicjhtstill Avery, Hezekiah Alexander, John Phifer,
Robert Erwin and Zacheu.s Wilson, Esquires :

Gentlemen : You are chosen by the inhabitants of this county to
serve them in Congress or General Assembly for one year and they
have agreed to the following Instructions which vou are to observe
with the strictest regard viz. : You are instructed :

1. That you shall consent to and approve the Declaration of the
Continental Congress declaring the thirteen United Colonies free
and independent States.

2. That you shall endeavor to establish a free government under
the authority of the people of the State of North Carolina and that
tlie Government be a simple Democracy or as near it as possible.

3. That in fixing the fundamental principles of Government you
shall oppose everything that leans to aristocracy or power in the
hands of the rich and chief men exercised to the oppression of the
poor.

4. That you shall endeavor that the form of Government shall
set forth a bill of rights containing the rights of the people and of
individuals which shall n.ever be infringed in any future time by
the law-making power or other derived powers in the State.

5. That you shall endeavour that the following maxims be sub-
stantially acknowledged in the Bills of Rights (viz.):

* The instrument is in the well-known sharp, angular handwriting of Colonel
Aveiy. with the exception cf Sectinns 17 and 18, which are in the small, cramped
hand of John McKnit Ale.Kan ler. Sections 10, 11 and 13, as appears from a mar-
ginal note in the hand writing of Mr. Alexander, were rejected hj- The people.

S70A COLONIAL RECORDS.

1". Political power is of two kinds, one principal and superior,
the other derived and inferior.

2''. The principal supreme power is possessed by the people at large,
the derived and inferior power by the servants which they employ.

3''. Whatever persons are delegated, chosen, employed and
intrusted by the i^eople are their servants and can possess only
derived inferior power.

4"\ Whatever is constituted and ordained by the principal
supreme power can not be altered, suspended or abrogated bj' any
otlier power, but tiie same power that ordained may alter, suspend
and abrogate its own ordinances.

5'". The rules whereby the inferior power is to be exercised are
to be constituted b}' the principal supreme power, and can be altered,
suspended and abrogated by the same and no other.

6'". No authority can exist or be exercised but what shall appear
to be ordained and created by the principal supreme power or by
derived inferior power which the principal supreme power hath
authorized to create such authority.

7'\ That the derived inferior power can by no construction or
pretence assume or exercise a power to .sulivert the principal supreme
power.

(■'. That you shall endeavour that the Government shall be so
formed that the derived inferior power shall be divided into tliree
brandies di.stinct from eacli other, viz.:

The power of making laws

The power of executing laws and

The power of Judging.

7. Tliat tlie law making power shall have full and ample
authority for the good of the people to provide legal remedies for
all evils and abuses that may arise in the State, the executive power
shall have authority to ai)ply the legal remedies when tlie judging
power shall have ascertained wiiere and upon what individuals (he
remedies ought to be applied.

8. You shall endeavour that in tiie origitial Constitutit>n of the
Clovernment now to be formed the authority of ofticers possessing
any branch of derived power shall be restrained; for example,

9. The law making power shall be restrained in all futvire time
from making any alteration in the form of Government.

10. You shall endeavour tiiat the persons in whose hands (lie law
making power shall be lodged, sliall be formed into t^vo Houses or

COLONIAL RECORDS. 870c

Assemblies independent of each other, but l)oth de2:)endent upon
the people, viz. :

A Council and General Assembly.

11. You shall endeavour that the good people of this State shall
be justly and equally represented in tlie two Houses; that the Coun-
cil shall consist of at least thirteen persons, twelve of whom shall
be annually chosen by the people in the several districts, and that
everj' person who has a right to vote for members of the General
Assembly shall also have a right to vote for member of Council, and
that the Council and General Assambly shall every year at their
first meeting form one body for the purpose of electing a Governor
who shall then be chosen by ballot and that the Governor b}^ virtue
of his office shall be a member of Council but shall never vote in
Council on the subject of making laws unless when the Council are
divided, in which case the Governor shall have the casting vote.

12. That the law making power shall be lodged in the hands of
one General Assembly composed of Representatives annually chosen
by the peojDle freely and equally in every part of the State accord-
ing to

13. N. B. Considering the long time that would be taken up and
consequent delay of business the choice of a Council by the people
would at this time occasion, it is thought best for the dispatch of public
business, and this county do assent that after the form of Govern-
ment shall be agreed to bj' the people, the jiresent delegates in
Congress shali resolve themselves i«to a General Assembly for one
j'ear and that they choose 12 persons, inhabitants residing in the
several districts, to form a Council and the persons so chosen shall
be possessed of all the powers of a Council for one year as fully as
if chosen by the people.

14. You shall endeavour that no officer of the regular troops or
collector of public money shall be eligible as a member of General
Assembly or if being elected he shall afterwards accept of such
office or collectorship he shall thereby vacate his seat. And in gen-
eral that no persons in arrears for public money shall have a seat in
General Assembly.

15. You shall endeavour that the delegates to represent this State
in any future Continental Senate shall never be appointed for longer
time than one year and shall not be capable to serve more than
three years successively and that the Council and General Assembly

870(/ COLONIAL RECORDS.

shall have power to appoint the said defegates for one year and give
them instructions and power to bind this State in matters relating
to peace and War and making treaties for that jjurpose with Foreign
Powers and also for the purposes of General Trade and Commerce
of the United States.

16. You shall endeavour that all Treasurers and Secretaries for
this State shall be appointed by the General Assembly.

17. You shall endeavour that all Judges of the Court of Equity,
Judges of the Court of Appeals and Writs of Error and all Judges
of the Superior Courts shall be appointed hj the General Assembly
and hold their office during one year.

18. You shall endeavour that Trials by Jury shall be forever had
and u.sed in their utmost- purity.

19. You shall endeavour thatanj^ person who shall hereafter pro-
fess himself to be an Atheist or deny the Being of God or shall
deny or blaspheme any of the persons of the Holy Trinity or shall
deny the divine authoiity of the Old and New Testament or shall
be of the Roman Catholic religion shall not sustain hold or enjoy
anj^ office of trust or profit in the State of North Carolina.

20. That in all t^imes hereafter no professing christian of any
denomination whatever shall be compelled to pay any tax or duty
towards the support of the clergy or worship of any otlier denomi-
nation.

21. Tliat all professing christians shall enjoy the free and undis-
turbed exercise of religion and may worship God according to their
consciences without restraint except idolatrous worshipers.

22. You shall endeavour that the form of Government when
made out and agreed to by the Congress shall be transmitted to the
several counties of this State to be considered by the people at
large for their aj)probation and consent if they should choose to
give it to the end that it may derive its force from the principal
supreme power.

And after the Constitution and form of Government shall be
agreed upon and established [and] the General Assembly formed you
shall endeavour that they may exercise the law making power on
the following subjects of legislation (viz)

1. You shall endeavour to have all vestry laws and marriage
acts heretofore in force totally and forever abolished.

COLONIAL RECORDS. 870

2. You shall endeavour to obtain an attachment law jiroviding
for creditors a full and ample remedy against debtors who run away
to avoid payment.

3. You shall endeavour to obtain an appraisement law for the
relief of the poor when their goods are sold by execution.

4. You shall endeav.our to obtain a law to establish a college in
this county and procure a hand.some endowment for the same.

5. You shall endeavour to diminish the fees of Clerks in the
Superior and Inferior Courts and make the Fee Bill more perspicu-
ous and clear it of all ambiguities.

6. You shall endeavour to obtain a law that Overseers may be
elected annually in everj^ county, with power to provide for the
poor.

7. You sliall endeavour to obtain a law to prevent clandestine
marriages, and that Gospel ministers regularl}' ordained, whether
by Bishops, by Presbyteries or by Association of regular ministers,
shall have legal authority to marry after due publication of banns
where the parties live.

8. You shall endeavour that all Judges and Justices may be
impowered and required by law to administer oaths with uplifted
hand when i le party to be sworn shall desire that the same may be
done without the book.

9. You shall endeavour to pass laws for establishing and imme-
diately opening superior and inferior Courts.

10. You shall endeavour to pass a law for establishing a Court of
Equity.

IL You shall endeavour to obtain a law for paying the Justices
of the Countj' Court.

12. You shall endeavour by law to inforce the attendance of the
Judges of the Superior Court, and in case of due attendance to make
them allowance.

13 You shall endeavour that so much of the Habeas Corpus Act
and the Common and Statute law lieretofore in force and use and
favorable to the liberties of the people shall be continued in force in
this State, excluding every idea of the. kingly office and power.

14. That persons be chosen annually in every county to collect
taxes.

15. That a Geneial and equal land tax be laid throughout the
State.

IG. That people shall be taxed according to their estates.

870f COLONIAL RECORDS.

17. Tliat sheriff, clerk and register shall be chosen by the free-
holders in every county, the register to continue in office during
good behaviour, the sheriff' to be elected every year. The same
person to be capable to be elected every year if all moneys due by
virtue of his office shall be faithfully paid up.

18. That men shall be quieted in their titles and possessions and
that provision shall be made to secure men from being disturbed by
old and foreign claims against their landed possessions.

Test: .J. M'Knit.*

[Reprinted from University Mag-^zine. Vol. 4. P. 362.1

Instructions to the Delegates from Orange in the Halifax Congress,
to be held in November, ITTB.f

We, the people of the County of Orange, who have chosen you to
represent us in the next Congress of Representatives delegated bj'
the people of this State require you to take notice that the following
are our instructions to you which you are recpiired to follow in eveiy
particular with the strictest regard.

First, We desire you to consider the following propositions as
maxims to which you and every other delegate shall plainly and
implicitly subscribe and assent and which are to be the foundation
of all your following proceedings.

). Political power is of two kinds, one principal and supreme the
other derived and inferior.

2. Tiic })rincipal and supremo i)0\ver is possessed only by the peo-
ple at large, tlie derived and inferior power bj' the servants they
employ.

3. Whatever persons arc delegated chosen or employed or intrusted
by the people are their servants and can possess only derived inferior
power.

4. Whatsoever is constituted and ordained by the principal
supreme power cannot be altered, superseded or abrogated by anj^

*The sign.iture J. McKnit, according to Governor Stokes, was an abbreviation
not unfre(i\)ently adopted by Mr. Alexander instead of writing his name at length.

f Entirely in the handwriting of G:)vernor Thomas Burke.

COLONIAL RECORDS. 870^/

other, but the same power that ordained may alter suspend or abro-
gate its own ordinances.

5. Tlie rules whereby the derived inferior power is to be exercised
are to be constituted by the principal supreme power and can be
altered, suspended abrogated by the same and no other.

G. No authority can exL-t or be exercised but what shall appear
to be ordained and created by the principal supreme power or by
some derived inferior power whicli the i)rincipal supreme power has
authorized to create such authority.

7. The derived inferior power can by no construction a.ssume
authority injurious to or subversive to the principal supreiiie power.

Secondly. We require that the civil and religious constitution
which we apprehend to contain the rules whereby the inferior
derived power is to be exercised be framed and prepared by the
delegates and be sent to every County to be laid before the people for
their assent if the people shall think proper to give it, to the end that
it may derive its authority from the principal supreme power and be
afterward alterable b}' that alone agreeable to the fifth maxim before
set down.

Thirdly. "We require that in framing the religious constitution
you insist upon a free and unrestrained exercise of religion to every
individual agreeable to that mode which each man shall choose for
himself and that no one shall be compelled to pay towards the sup-
port of any clergyman except such as he shall choose to be instructed
by, and that every one regularly called and appointed .shall have
power to solemnize marriages under such regulations as shall be
established bylaw for making the marriage contract notorious:
Provided however, persons who are intrusted in the discharge of
any office shall give assurances that they do not acknowledge
supremacy ecclesiastical or civil in any foreign power or spiritual
infallibility or authority to grant the Divine Pardon to any person
who ma)' violate moral duties or commit crimes injurious to the
community — and we positively enjoin you that on no pretence you
consent to any other religious constitution or that the establishing
of this shall be waived, postponed or delayed.

Fourthly. We require that in framing the civil constitutiun the
derived inferior power shall be divided into three branches, to wit:
The power of making laws, the power of executing and the power
of judging.

870// COLONIAL RECORDS.

Fifthly. That the power of making laws .shall have authority to
provide remedies for any evils which may arise in the community,
subject to the limitations and restraints provided by the principal
supreme power.

Sixthly. That by such limitations and restraints they shall be
prevented from making any alterations in the distribution of power
or of depriving any individual of his civil or natural rights unless
by Avay of punishment for some declared offence clearly and idainly
adjudged against him by the judging power.

Seventhly. That the executive power shall have authority to apply
the remedies provided by the law makers in that manner only which
the laws shall direct, and shall be entiiely di.stinct from the power
of making laws.

Eighthly. That the judging })ower shall be entirely distinct from
and independent of the law making and executive powers.

Ninthly. That no person shall be capal)le of acting in the exer- _
cise of an_v more than one of these branches at the same time lest
they should fail of being the proper checks on each other and by
their united influence become dangerous to any individual who
might oppose the ambitious designs of the persons who might be
employed in such power.

Tenthly. That in constituting the law making power the same be
divided into two Assembhes each independent of the other and
both dependent on the people.

Eleventhly. That one A.ssembly shall, consist of Representatives
chosen by all the freeholders and householders and the other Rep-
resentatives chosen by the freeholders only.

Twelfthly. That all elections shall be by ballot.

"J'hirteenthl}'. That in cons'ituting the executive power the same
be made elective every year and that no person shall be capable of
serving therein more than three years or cajiable of being elected
thert'tii until he has been three veai's out.

COLONIAL RECORDS. 871

[From MS. Records in Office of Secretary of St.a.te.]

Letter Irom Williaui Hooper, Delegate from North C^arolina to the
Continental Congress, to the Congress at Halifax.

Philadelphia, Oct. 29"', 1770.
Honoured Sie,

By my worthy Colleague M' Penn, I do. myself the honour to
transmit a resolution of the Continental Congress which bears imme-
diate relation to the State of North Carolina. The Congress having
been informed that the Armed vessels belonging to the Enemy have
lately quitted the River of Cape Fear, and have proceeded to the
Northward, have bestowed their thoughts upon the practicability of
fortifying that entrance into your State, and excluding the British
Men of War. . The importance of sucli a measure must weigh as
powerfully with you as with them, I am well assured tliat nothing
will be wanting on your part to carry it into Execution with all
jiossible dispatch. As this is tlie only Port in the State of North
Carolina, into which the Enemies can introdu:e ships of any con-
siderable force, should tliey be prevented here, we shall have noth-
ing to fear from any forces which they may send against us in the
ensuing "Winter. The Harbour of Cape fear will furnish a Secure
receptacle for our own trading \'essels, and those of foreigners who
from this advantage may be induced to prefer ours to the ports of
other States. The Privateers bf the several states, as well as the
Continental armed A'essels will carry any prizes which they make
to the Southward, into N°: Carolina when they are apprized of the
protection which tliey and their Captures will receive, and by these
means we shall be supplied with the many articles of which we now
feel the most pressing necessity. We are aware of the scarcity of
heavy Cannon in your state & have therefore procured a recom-
mendation to you to apply to South Carolina to aid you in that
respect. We flatter ourselves that it may produce the effect we
wish, as it will be nothing but a reciprocal Civilit}- and what North
Carolina is well entitled to for the ready and ample succour afforded
to South Carolina M-hen in imminent danger from its Enemies.
Our own Guns Small as they are may be made useful and I know
not liow more essentially. The Continental Troops will be employed
in this service, it tlie Expence arising from the hire of negroes to
perform the most laborious } art of the operation will be consider-

872 COLONIAL RECORDS.

able, but must appear contemptible wlien weighed against the jiub-
lick emolument which will result from it.

You will observe that this is to be executed at the Expence of your
own particular state ; a recommendation of a similar kind went to
South Carolina, in consequence of which they have erected very
great & verj" expensive fortifications at their own cost. It becomes
Economy in you to bear this Expense yourself, rather than by
making it Continental, expose yourself to pay your proportion of
the large fortifications which have been or may hereafter be erected
•in the Eastern States. Your proportion only of the Connecticut
forts would amount to as much as the whole of those proposed for
your colonial security. In this case therefore it will be political (at
least for us) to sutTer each state to bear its own burdens.

Should the Convention think it proper to apply to the Continental
Congress for the Assistance of an Engineer to execute this proposal,
I shall upon being informed thereof immediately take the proper
steps to procure one and send him on.

I am Sir With great Respect

to Your self & the Convention

YourV& their most Obed'

Humble Servant
WILL. HOOPER.

Resolve of the Continental Congress about fortifying the Ca[)e Fear.

In Congress, Oct"^. 29'", 177G.

Whereas the fortifying the entranc ' of the river Cape Fear in the
State of North Carolina will tend greatly* to the advantage and
security of that State by furnishing a safe harbour for foreigners &
excluding the enemies ships.

Resolved, therefore, That it be recommended to the Convention
of the State of North Carolina, that thej' do immediately fortify &
secure at the expence of their State the entrance of the said river
by erecting batteries and other works of defence by placing obstruc-
tions in proper parts of the said river and pursuing sufh other
measures as in their opinion will best conduce to prevent the intro-
duction of the enemies ships and protect the trade of the said State;
and in case lieavy cannon cannot be procured in the State of North
Carolina it is further recommended to the said Convention that
they apply to the State of South Carolina recjuesting the loan of
such cannon as they can spare from their own necessities, who it is

COLONIAL RECORDS. 873

not JoiibteJ will contribute as far as it may be in their power to
accomplish a purpose which will be of general utility to the Southern
States. CH.V THOMSON, Sec'y.

Extract from the n:inutes.

[From MS. Records in Office of SECRET.iRY St.\te.]

JOURNAL OF THE COUNCIL OF SAFETY OF NORTH

CAROLINA, BEGUN AND HELD AT HALIFAX

TOWN, ON 27th SEPTE:\IBER, 1776.

Halifax, September 27"', 1770.

Met according to adjournment.

The Council proceeded to make choice of a president in the room
of Samuel Ashe Esquire who has leave of absence, when "Willie
Jones Esquire was unanimously chosen and placed in the Chair
accordingly.

James Walker who was imprisoned by Order of this Board for
acting inimical to the Liberties of America was brought before the
Council and discharged on faking and subscribing to an Oath of
Allegiance to the State.

Whereas it appears from the Oath of AVilliam Alston that Hance
Hamilton of Granville County is a person inimical to the Liberties
of America,

Resolved, therefore, That his Honor the president issue a warrant
to bring the said Hamilton before the Congress to be examined con-
cerning the Premises.

It appearing that James Walker who was imprisoned on sus-
picion of his being an Enemy to the States is a pauper,

Resolved, That the Expences and Fees attending the Conveyance
and imprisonment of the said James Walker be paid by the
public.

Resolved, That the several Sheriffs and Collectors of duties in
this State do attend the next Congress to be held at Halifax on the
tenth day of November next then and there to settle their Accounts
of Taxes and Duties received and prepare themselves to pa}^ at that
time all sums of Mone}* Avliich may be due fi-om them to this
State.

874 COLONIAL RECORDS.

Resolved, That it be recommended to the Officers of the Con-
tinental Forces in this State and the Officers of the Provincials not
to suffer any Soldiers to be or appear at the ensuing Elections of
delegates for the various Counties and Towns in this State such
only excepted who have a right to vote upon the occasion.

Adjourned till Tomorrow Morning 8 Clock.

Saturday, September 28"', 1776.

Met according to Adjournment. . ■*

Resolved, That the Treasurers or either of them pay to Philip
Perry the sum of three pounds for apprehending Elijah King a
Deserter from Captain Brinkleys Company in the tliird Regiment of
Continental Troops in tliis Province.

Adjourned till Monday morning 8 o'clock.

Monday, September 30"', 177(3.

Met according to Adjuurnment.

Resolved, That the Treasurers or either of them pay to John Daves
Quarter Master to the second Regiment of Continental Troops in
this State two hundred pounds to enable him to procure Forage etc"
for the Horses in the said Regiment and be allowed in their Accounts
with the puijlic.

Resolved, That .Jolni Daves be appointed Ensign in Captain
Crawford's Company in tlie second Regiment of Continental Ti'oops
in tliis State.

Adjourned till tomorrow morning 8 o'clock.

Tuesday, October 1", 177G.

Met according to Adjouriiment.

Resolved, Tliat John Plummer Mes.senger and door-keeper to this
Board be allowed twenty seven pounds twelve shillings and two
pence for his services, and that Richard Caswell Esquire Treasurer
of the Southern district in this State [m}' the same and be allowed
in his Accounts with the Public.

Resolved, That the Horses now in possession (if sundry persons
in Bute and Granville Counties the property of Josiah Martin late
Governor, be brought to the next Congress in as good Order as they
received them of the Committee of Bute County.

William Stuart a 'prisoner who was committed on suspicion of
being a confidential Emissary and Spy of Josiali Ahutin was lirought

COLONIAL RECORDS. 875

before this Board, and on examination the said Allegations not
appearing the said William Stuart was discharged on taking the
State Oath, without jiayment of fees; it [api^earing] that the said
"William Stuart' is very poor,

Resolved, That the prison fees due from said Stuart be i>aid by
tjie public.

Resolved, That the Commissary of Stores or his deputy or Cap-
tain Forster at Wilmington do deliver to the Commissioners at Eden-
ton appointed to*-fit out the Armed Vessel King Tammaiijj out of
the Public Stores at Wilmington such Materials as the said Commis-
sioners may apply for taking a Receipjt for the same. ' .

Resolved, That Sylvanus Pendleton Esquire Commander of the
Armed Brigg King Tdinmarnj fitted out by this State do with all
possible Expedition proceed to Occacock Bar and there lay for the
protection of the Trade until the return of the Pennsylvania Farmer
from her intended Cruize; and tlien that the said Sylvanus Pendle-
ton shall immediately proceed to sea on a Cruize for the Term of
one month against the Enemies of the L^nited States of America,
and to take as many of the merchant Ships, the property of the sub-
jects of Great Britain, as may l)e in his power, and for that purpose
to Cruize between the Latitudes of thirty two and thirty five and ten
and to keep within the distance of eight}" leagues of the American
shore and that after the Expiration of the One Months Cruize the
said Sylvanus Pendleton sliall return to Occacock Bar and should
he take any prizes the sam^ must be sent to Occacock or some other
port.

Resolved, That Joshua Hempstead Esquire, Commander of the
Armed A'cssel Pcnn.^ylrania Fanner, fittetl out l)y tliis State, do imme-
diately proceed to Sea and Cruize the Terra of one Alonth against
the Enemies of the United States of America and to take as many
of the British Ships, the property of the Subjects of Great Britain,
as may be in his power and for that pur2:)0se to Cruize between the
Latitudes of 32° and 35° 10' and to keep within the distance of
eighty Leagues of the American Shore, and that after the Expira-
tion of the one Month's cruize the said Joshua Hempstead shall
return to Occacock, and should lie take any prizes the same mu-t
be sent to Occacock or some other Convenient port.

Samuel Andrews and Thomas Kersey, who were committed to
the Gaol in Halifax, were brought before this Board and discharged

876 COLONIAL RECORDS.

on taking tlie State Oath and enlering into recognizance for their
appearance at next Congress.

The Council adjourned, to meet at this Town of Halifax on the
seventeenth October instant.

Thursday, October 17*, 1 77i;.

Met according to adjournment.

Adjourned till Tomorrow Morning S "Clock.

Friday, October 1S'^ 1776. .'

!Met according to adjournment.

Adjourned till Tomorrovv' Morning 8 "Clock.

Saturday, October 19", 1776.

Met according to adjournment.

Resolved, That General Moore be desired to lay before this Board
on Monday morning a state of the Continental Forces in this State.

Resolved, That Ambrose Knox and Company, William Brown,
John Chase and Daniel Cartwright be permitted to send to sea the
Sloop PoUij, taken into Possession by Andrew Little and Robert
Hardy in consequence of a Resolve of tins Board, on the said
Ambrose Knox and Company, William Brown and John Chase's
giving Bond and Security to the president of the Congress of this
State and his Successor in the Sum of one hundred and thirty-five
pounds, being the value of Daniel Cartwright's i)art of said Sloop,
and on leaving, one-third part of the Debts left in the Hands of
William Skinner subject to the payment of such demands as may
be due this State from the said Daniel Cartwright, on account of a
Cargo shipped by this State on Board the said Sloop commanded by
the said Daniel Cartwright.

Resolved, That Andrew Little and Robert Hardy be directed to
Attend the Execution of the above Resolve and on the said Resolves
being complied with to grant a certificate thereof to the Commis-
sioner of the port of Edenton.

Adjourned till Monday Morning 8 "Clock.

Monday, October 21»', 1776.

Met according to adjournment.

Mr Jolni Chase made application for Letters of INIarque and
Reprisal for the Sloop PoUij belonging to Ambrose Knox and Com-

COIX)NIAL RECORDS.

pany, William Brown, John Chase and Daniel Cartwright of this
State, and hath also delivered in a Schedule of the number of Guns,
the names of the Officers, the Provisions and "Warlike Stores on
Board, and hath given Bond and Security agreeable to the Resolu-
tions of the Continental Congress,

Resolved, That Commissions issue for the said Sloop Pdhj accord-
ingly.

Resolved, That the Treasurers or either of them pay to Henry
Giffard, Commissary to the detachments of Militia in service under
Colonel Folesome, the sum of five hundred pounds to enable him
to pay (in part) for the provisions purchased for said Companies.

Whereas, it hath been represented that the Armed Brig Pennsyl-
vania Farmer, ordered by this Board on a Cruize, is not at this time
fit to proceed to Sea, and that the .Jamaica Fleet, the object in view,
may pass our Latitudes before the said Brig can be in readiness and
thereby defeat the purpose of said Cruize,

Resolved, That Sylvanus Pendleton Esqr., commander of the
Armed ^"essel Kinff Tammany, fitted out by this State,- do imme-
diately jaroceed to Sea and Cruize the Term of Six weeks against
the Enemies of the United States of America and to take as many
of the British Ships as may be in his power, sending the same as
soon as possible into some of the ports of this State for Trj'al and
Condemnation, and for that purpose to Cruize between the Latitudes
of thirty and thirty-six, and that after the Expiration of the said
Term of Six weeks the said Sjdvanus Pendleton shall return with
the said A'essel to Occacock or some other convenient port within
the Limits of this State.

The Armed Vessels Kiny Tammany and P'unsylvaiu'a Farmer
being ordered on a Cruize against the Enemie^of the United States
of America,

Resolved, That Captain John Forster, commander of the Armed
Brig, the General WasJdnyton, now lying at Washington, do proceed
with all possible dispatch to Occacock Bar and to remain within the
said Bar in Order to protect the Trading Vessels which may be
coming into or going out of that port, until one of the aforesaid
Armed ^"essels shall return there or he sliall be otherwise Ordered.

Whereas, it is represented by the Commissioners for establishing a
^lanufactory of Guns in the District of Hillsborough that proper
Iron for that purpose cannot be obtained in this State and that our
Currency will not purchase it in any other.

COLONIAL RECORDS.

Resolved, therefore, That Samuel Johnston Esquire be directed
and impowered to draw on the Continental Treasury in favour of
the said Commissioners or either of them or their Order, for one
hundred pounds, to be considered as part of the sum of one thousand
pounds voted bj' Congress for the above mentioned purpose.

Adjourned till tomorrow morning S o'clock.

Tuesday, October 22°^ 1776.

Jlet according to adjournment.

Adjourned till Tomorrow Morning 8 "Clock.

AVedncsday, October 23"', 1770.

]\Iet according to gdjournmcnt.

Whereas, by Resolve of this Board of the thirtieth of September
last Joshua Hampstead Esquire, commander of the Armed Brig,
PennKijlvania Farther, was directed to proceed to Sea and Cruize for
the Term of one Month within eighty leagues of the American shore,
and whereas, the time and distance prescribed in the aforesaid
Resolve may, in a measure, frustate the Intentions of the said Voy-
age,

Resolved, That the said Joshua Hampstead be permitted to Cruize
for the Term of Si.x Weeks between the Latitudes of thirty and
thirty-six for the purpose aforesaid.

A Resolution of the Continental Congress of the sixteenth of
Sejitember last leaving it to the Council of State to suspend or exe-
cute a former order of Congress dated the third of the said month
directing Brigadier General Moore to mareli two North Carolina
Continental Battalions to New York being read and considered, and
it appearing from General Moore's return that the Continental Bat-
talions in this State are far from being Compleat, that they are sickly
and ill provided with Clothing and by no means prepared to march
to a Northern Climate, and further that if two Battalions should
march to New York the remainder would not be ade(iuate to the
defence of the State in case of an Attack,

Resolved, That the Execution he suspended.

Resolved also. That General Moore be required to station for the
present the Continental Forces in this State in the districts of New
Bern and Wilmington at such phices as he may think best for the
recovery of their health and to use every means in his power to have
them immediately recruite 1 to their full i 'omplrment.

COLONIAL RECORDS. 879

Resolved, That Xathaniel Rochester, Commissary of Stores, be, and
he is hereby directed to deliver to General Moore's Order, as much
Oznabrigs as may be necessary to make Tents for the Continental
Battalions in this State, and Bell Tents for securing their Arms, one
Bell Tent to every Company allowing thirty yards for a Tent for
every eight men, and twenty yards for each Bell Tent, thirty five
yards for a Tent for the Non Commissioned Officers of each Com-
pany, and one hundred yards for a Hospital Tent for each Bat-
talion.

Whereas, Samuel .Johnston Esc|uire on the Application of Mr
Peter Mallet acting Commissary of the fourth, fifth and sixth Regi-
ments and at the instance of Mr Willie Jones paid to the said I'eter
Mallet three thousand pounds during the recess of the Council,

Resolved, That the Council do approve of the said payment and
that Mr Johnston be allowed for the same in his account against the
State, in like manner as if a Warrant for the ]\Ioney had issued
previous to the payment thereof.

Resolved, That the Treasurers or either of them pay to Mr Peter
Mallet Commissary to the sixth Regiment of Continental Forces in
this State the sum of One thousand pounds and be allowed the same
in their Accounts with the public.

Adjourned till tomorrow morning S o'clock.

Thursday, October 24'\ 177(5.

Met according to adjournment.

Resolved, That Mr Nathan' Rochester Commissary of Stores send
to Tarborough for sundry Woollens purchased of Colonel Irwin for
the public and convey them to Wilmington, and that he employ
Taylors to Cut out and make up the same and all other ]>ublic
( 'loathes in his posses.sion, such finer Cloaths as are intended for
Officers excepted, into Short Coats and Breeches and dispose of them
to tiie Soldiers, taking care that no one man have more 'ban one
Short Coat and one [)air of Breeches.
..Adjourned till tomorrow morning 8 o'clock.

Friday, October 25'\ 1 776.

Met according to adjournment.

Resolved, That Richard Caswell Escjuire public Treasurer of the
Southern district pay into the hands of Colonel James Thackston
the sum of two hundred and forty eiglit pounds for the purpose of

880 COLONIAL RECORDS.

recruiting men in this State according to the new Sj'stem and that
he debit the paj^aiaster for the same.

Resolved further, That the said Colonel James Thackston account
with the paymaster for the aforesaid sum.

Whereas, This Council are well informed tliat certain Officers in
the .service of the State of South Carolina have enlisted sundry Reg-
ulars of this State, out of the Xorth Carolina Continental Troops
now in Georgia,

Resolved, That this Board do utterly disapprove of such mea.sure,
that it is unju.stifiab]e, and has an obvious Tendency to Obstruct
the regular Service in this State, and to endanger the Common
defence of North and South Carolina ; and tlierefore that General
Howe be and he is hereby directed to reclaim the Soldiers so as
above mentioned enlisted by the South Carolina Officers, and he is
also further directed to remand the whole of the North Carolina
TroojDS now in Georgia immediately to this State.

Whereas the Council are informed That many things belonging
to the State such as Tory Horses and Waggons, condemned by last
Congre.ss, and also horses which have been purchased by the Public
and have strayed away are now dispersed about in different parts,
so that they will probably be lost if longer unattended to,

Resolved, therefore. That Nicholas Long, Esquire, be and is hereby
directed and impowered to take into his possession all such Wag-
gons and Horses; and for the disposition thereof he is directed to
employ in the service such of the Waggons and Horses as are fit for
the same, and to sell such as are not rendering an Account of his
proceedings to the Council or the Congress.

Thomas Erskine a prisoner on parole in Halifax County, having
represented to the Council that his Constitution is so impaired by
sickness and the Effects of the Climate, that death must probably
Ije the Consequence unless he is allowed to remove out of this State,
and that in leaving it he has no intentions adverse to the United
States and having. also made Oath he will not directly or indirectly
communicate to the Enemies of tlie Free and Independent States
of America any Intelligence whatever wliicli may tend to their
prejudice,

Resolved, That he be i)ermitted to leave this State and that he
immediately go to Edenton and depart tVom thence in tlie first Ves-
sel that Sails for the West Indies.

COLONIAL RECORDS. 881

Resolved, That it is the Opinion of the Board that the Commis-
sioners appointed in Cumberland County to Inventory the Effects
of the Tories deliver to Mr Alexander Stewart's Order the Cloaths
of the said Stewart taken out of the jwssession of Mr Gilless, upon
the said Gilless's or some persons proving that the same was lodged
Avith him as the property of the said Stewart.

Resolved, That Captain Dudley be directed to deliver to the
Colonel of each Battalion of Continental Forces in this State Eleven
Setts of Simms's Military Guide and two Setts of the new System of
Military discipline, they giving a Receipt for the same.

AVILLIE JONES, President.

By Order: J. Glasgow, Secretary.

[Reprinted from K.^MS.iv's History of Tennessee. P. 1G3.

An account of the subjugation of the Cherokees.

The Indians were true to their engagement. Being informed
that a British fleet with troops had arrived off Charleston they
proceeded to take up the war club and with the dawn of day on
the first day of July [177G] the Cherokees poured down upon. the
frontiers of South Carolina, massacreing without distinction of atre
or sex, all persons who fell into their power, if -rf * The news
of the gallant defence at Sullivan's Island and the repulse of Sir
Peter Parker in the harbor of Charleston on the 28'" of June, arrived
soon after that glorious victory and fru.strated in part the plan as
concerted.

Preparations were immediately made to march with an imposing
force upon the Cherokee Nation. * f- •:■ Thev were the most
warlike and enterprising of the native tribes and except the Creeks,
were the most numerous. * * * They lived in towns of
various sizes; their government was simple and in time of war
especially, the authority of their chiefs and warriors was supreme.
Their country was known by three great geographical divisions:
The Lower Towns, the Middle Settlements and ^"allies and the
Overhill Towns. The number of warriors in the

882 COLONIAL RECORDS.

Middle settlements and Vallies i^-TS

In Lower Towns 350

In Over-hill Towns 757

Total Cherokee men in Towns 1991

To these may be added such warriors as lived in the less compact
settlements estimated at five liundred.

To inflict suitable chastisement upon the Cherokees several expe-
ditions were at once made into their territory. Colonel McBury
and Major Jack from Georgia entered the Indian settlements on
Tugaloo and defeating the enemy, destroyed all their towns on that-
River. General Williamson of South Carolina early in .July began
to embody the militia of that State and before the end of that
month was at the head of an army of eleven hundred and fifty
men marching to meet Cameron who was with a large body of
Esseneca Indians and disaffected white men encamped at Oconoree.
Encountering and defeating tliis body of the enemy he destroyed
their town and a large amount of provisions. He burned Sugaw
Town, Soconee, Keowee, Ostatory, Tugaloo and Brass Town. He
proceeded against Tomassee, Chehokee and Eustustie where observ-
ing, a recent trail of the enemy he made pursuit and soon met and
vanquislied three hundred of their warriors. These towns he after-
wards destroyed.

In the meantime an army had been raised in North Carolina
under command of General Rutherford and a place of joining their
respective forces had been agreed upon by that officer and Colonel
Williamson under the supposition that nothing less ihan their
united force was adequate to the reduction of the Middle Settlements
and Vallies. Colonel Martin Armstrong of Surry County in August
I'aised a small regiment of Militia and marched with them to join
General Rutherford. Benjamin Cleveland was one of Armstrong's
captains. William (afterwards General) Lenoir was Cleveland's
first Lieutenant and William Gray his second Lieutenant. Arm-
strong's regiment crossed Johns River at Mclvenney's ford, passed
the Quaker Meadows and crossed tlie Catawba at Greenlee's ford
and at Cathey's Fort joined the army under General Rutherford,
consisting of above two thousand men. The Blue Ridge was
crossed by this army at the Swannanoa Gap and the march con-
tinued down the river of the same name to its mouth near to wliicli

COLONIAL RECORDS. 8S3

they crossed the French Broad. From that river the army marched
up Hominy leaving Pisgah on the left and crossing Pigeon a little
below the mouth of the East Fork. Thence through the mountains
to Richland Creek above the present Waynesville and ascending
that Creek and crossing Tuckaseigee River at an Indian town.
They then crossed the Cowee mountain where the}* had an engage-
ment with the enemy in which but one white man was wounded.
The Indians carried off their dead. From thence the army marched
to the Middle Towns on Tennessee River w'here they expected to
form a junction with the South Carolina troops un er General
Williamson. Here after Availing a few days they left a strong guard
and continued the march to the Hiwassee towns. All the Indian
villages were found evacuated the warriors having fled without
offering any resistance. Few were killed or wounded on either side
and but few prisoners taken by the whites, but they destroyed all
the buildings, crops and stock of the enemy and left them in a
starving condition. This army returned by the same route it had
marched. They destroyed thirty or forty Indian towns. Tiie route
has since been known as Rutherford's Trace.

While the troops commanded by McBury, Williamson and Ruth-
erford were thus desolating the Lower Towns and Middle Settle-
ments of the Cherokees, another army not less valiant or enterpris-
ing had penetrated to the more secure, because more remote. Over-
hill Towns. * * * Orders were immediately given to Colonel
William Christian to raise an army and to march them at once into
the heart of the Cherokee country.* The place of rendezvous was
the Great Island of Holston. * * *. goon after Col. Christian
was reinforced by three or four hundred North Carolina Militia
under Col. -Joseph Williams, Col. Love and Major Winston. "* * *
The whole force now amounted to eighteen hundred men, including
pack-hor.se men and bullock drivers. * * * Near the mouth of
Lick Creek was extensive cane brakes, which, with a lagoon or
swamp of a mile long, obstructed the march. The army succeeded,
however, in crossing through the pass. * * * At the bend of
the Nollichucky the camps of the enemy were found by the S2:)ies,
dcsei^ed. * * * The route to be pursued was unknown and
through a wilderness. Isaac Thomas, a trader among the Cherokees,
acted as pilot. He conducted the army along a narrow but plain

*Haywood's History of Tennessee, page 53.

884 COLONIAL RECORDS.

war path up long Creek to its source and down Dumplin Creek to a
point a few miles from its mouth, where the war patli struck across
to the ford of French Broad, near what has since heen known as
Buckingham's Island. * * * Xext morning the main body
crossed the river near the Big Island. They marched in order of
battle, expecting an attack from the Indians, wIjo were suppo.sed to
be lying about in ambush ; but to their surprise no trace was found
even of a recent camp. * * * '

When it was understood in the Cherokee Nation that Christian
was about to invade their territory', one thousand warriors assembled
at the Big Island of French Broad to resist the invaders. * * *
A trader named Starr, who was in the Indian encampment har-
rangued the warriors in an earnest tone. * * * Xlie trader's
counsels prevailed, all defensive measures were abandoned and
without waiting for the return of their messengers the Avarriors dis-
2:iersed and the island was found deserted and their cncamiiments
broken up and forsaken. The next morning the army resumed its
march. The route led along the valley of Bo3'd's Creek and down
Ellejay to Little River. From there to the Tennessee River not an
Indian was seen. * * * Next morning they marched to the
Great Island Town whicli was taken without resistance. * * *
A panic had seized the Cherokee warriors and not one of them could
be found. Small detachments were therefore sent out from time to
time to different parts of the nation, and finding no armed enem}'
to contend against, ihej adopted as not a less effectual chastisement
of the implacable enemy, the policy of laying waste and burning
their fields and towns. In this manner Neowee, Telico, Chilhowee
and other villages were destroyed. Ocea.sionally during these excur-
sions a few Avarriors were seen escaping from one town to a place of
greater safety and were killed. No males were taken prisoners.
These devastations were confined to such towns as were known to
have advised or cjnsented to hostilities, while such, like the Beloved
Town Chota, as had been disposed to peace, were spared. Col. Chris-
tian endeavored to convince the Cherokees that he warred only with
enemies. He sent out three or four men with white Hags and
requested a talk with the chiefs. Six or seven immediately came
in. In a few days several others from the more distant towns came
forward also and proposed peace. It was granted, but not to take
effect till a treaty should be made by representatives from the whole
tribe to assemble tlie succeeding ]\Iay at Long Island. A suspension

COLONIAL RECORDS. 885

of hostilities was in the mean time provided for, withthe exception
of two towns high up in the mountains on Tennessee River. These
had burnt a prisoner, a youth named Moore, whom they had taken
at "Watauga. Tuskega and the other excepted town were reduced
to ashes.

Colonel Christian, finding nothing more to occupy his army
longer, broke up his camp at Great Island Town, marched to Ghota,
re-crossed the Tennessee and returned to the settlements. In this
campaign of about three months not one man vras killed. A few
from inclement weather and undue fatigue became sick. No one
died. * * * The volunteers who composed the command of
Christian were, many of them, from the more interior counties of
North Carolina and A'irginia. In their marches they had seen and
noticed the fertile vallies, the rich uplands, the sparkling fountains,
the pellucid streams, the extensive grazing and hunting grounds and
had felt the genial influences of the climate of the best part of East
Tennessee. Each soldier upon his return liome, gave a glowing
account of the adaptation of the country to all the purposes of
agriculture. The story was repeated from one to another till upon
tlie Roanoke and the Yadkin the pe')ple spoke familiarly of the
Holston, the Nollichucky, the French Broad, Little River and the
Tennessee."'

[From MS. Records in Office of Secretary of State.]

The Petition of Jacob Brown to the Congress at Halifax about his

Lands in the "Watauga Settlement,
Humbly Sheweth,

That some time in the year one thousand seven hundred and
seventy one your Petitioner purchased of a certain John Ryon a
Parcel of Land situated on the waters of the River Nonetluchky
whicli Land your Petitioner as well as many other purchasers and
adventurers in that part of America deemed to appertain to the
Territory included in the "\"irginia cliarter. But some time after a
Line being run and a Proclaiuation Issued by his Britanic Majesty's
Superintendent of Indian affairs requiring all persons who had
made settlements beyond the said Line to relinc|uish them. Your
Petitioner altho' much sollicited by the Indians of the Cherokee
Nation to remain on liis settlement vet did remove himself with

886 COLONIAL RECORDS

much trouble aud disadvantage to "Wattagaw, where he remained
until the Chief of tlie said Nation by ver}' [)ressing Tntreatj' and
great Incouragement prevailed on him your said Petitioner to return
to his former settlement whither a Considerable Body of the Indians
of the aforesaid Nation Escorted your Petitioner and assisted in
removing his Effects. Your Petitioner having not the least doubt
but that the said Indians had every natural and Equitable Right to
dispose of Lands which they were coiifessed to be the antient and
undoubted owners did after his repossessing his former settlement pur-
chase of them several other Tracts of Land for which he paid them
a valuable 6ci»o /?(/(' consideration with which they were well satis-
fied as will appear by certain depositions taken before the Commit-
tee of Wattagaw to wit of a certain William Closin, and William
Clark to which your Petitioner prays leave to annex to this Petition
and to refer thereto. Your Petitioner also humbly shews that in
order the better to provide for his familj- he entered into Trade to
a considerable amount, and that in consequence thereof and of his
several purchases of land aforesaid he has Expended Property to
the amount of Eighteen hundred and forty pounds ten shillings for
a considerable part whereof your Petitioner is yet Indebted. Your
Petitioner also humbly sliews that he suffered great Losses from the
Ravages of the Indians in the late Inrodes, and upon that whole that
if he should be deprived of his Property in the Lands and settle-
ments aforesaid he and his Family would be reduced to utter ruin.
And whereas it is now certain that the Northern and Southern
boundary Lines of the State of North Carolina being produced
Avestward will include tlie settlements wherein your Petitioners said
Lands are situated, and your Petitioner is of Opinion the said lands
ouglit to be parcel of the said State and under the Protection and
Dominion thereof — yoiTr Petitioner being always ready and willing
to perform any conditions which the said State may require of Per-
sons settled on the Lands aforesaid or others under the like circum-
stances humbly prays that his Title to such Lands as he has fairly
purchased of the Indians and others claiming under them, and
which have been bounded arid ascertained by express contracts and
Instruments may be confirmed to him your said Petitioner in Fee
and Protected (o him in like manner as the Lands of others the sub-
jects of the said State, and whereas your Petiiioner's absence from
home leaves his Family and Property exposed to devastations, he
most humbly prays that the Honorable Congress would take his case

COLONIAL RECORDS. 887

under consideration as soon as they can with Propriety and conven-
ience and submitting himself entirely to their Justice Wisdom and
Ecjuity he humbly prays them to take such Resolution relative to
his case as shall seem to them consonant to the Rights of Mankind.
And your Petitioner shall pray, &c.

[From MS. Records in Office of Secretary of State.]

Letter from Cieneral Robert Howe Respecting Prisoners.

Charles Town, 1" Novem', 177G.
Sir:

I inclose j'ou a copy of a parole enter'd into by some officers of
the enemy's Army that have fallen into our hands. Their names
are Subscribed to the parole, which makes it unnecessary for me to
mention them. The commanding officer of the party has a wife
& children in Anson County, which was the reason for fixing him
& those under his command at Salisbury, where he might hear of
his affairs frecpiently, and so be absent from the County with as little
incgnvenience as possible; it might perhaps not Ije proper to permit
him to reside in Anson. The parole is made subject to the Controul
of your presiding political body, so that if anything in it is improper
it may be moulded to your pleasure. Humanity and policy unite
in making the situation of those who fall into our hands as little
unhappy as possible, that our Brethren in similar circumstances
may receive the same treatment. There is a resolution of Congress,
if I mistake not, that establishes an alloM'an'ce for prisoners (if not
they are allowed rations) according to their rank. This you will
please to order that they receive; tliis letter will probably not reach
you so soon as tho.se I shall send by express. I shall therefore
reserve what I have to say for that opportunity, and only add that I
have the honour to be with great respect.

Sir Your most obedient humble Serv'

ROBERT HOWE.

888 COLONIAL RECORDS.

[Froji MS. Records in Office of Secretary of State.]

Letters from William Hooper, North Carolina Delegate in the Con-
tinental Congress at Halifax, respecting prisoners.

Phil.^delphia, November T', 1776.
Sir,

I take the freedom thro' you to communicate to the Honourable
the Convention the memorial of several of the prisoners from North
Carolina now confined in the Gaol of this City. Their confinement
tho' accompanied with every circumstance of humanity which the
publick security will admit of must however as the Winter advances
become more irk.some, from a scarcity of cloathing an inconven-
ience which at this time it will be very diificult to relieve. I shall
not take the freedom to intrude mj- opinion upon the Conventions,
I may be permitted to say that I lament that conduct .which- has
draw upon them the resentment of their injured Country, I feel
sincerely for their distressed families, and earnestly wish they may
be restored to their homes as-.soon as such a measure can take place
without hazarding the safety of North Carolina.
I am sir with great respect

Yours & the Conventions

most obed' Humble Serv'
Wn.L. HOOPER.

Gentlemen*,

After a long sejiaration of eight montlis from our Families &
Friends, We the undersubscribers, I'risoners of war from North
Carolina )iow in Philadelpliia Prison, think ourselves Ju.sti-
fiable at this period in applying to your Honours for permission to
return to our Familes; wliieh indulgence we will promise on the
Faith & honour of Gentlemen not to abuse, by interfering in the
present disputes, or aiding or assisting your Enemies, by word,
writing, or action.

This request we have already laid liefore Congress who are
willing to grant it, provided they shall have your approbation.

Hoping therefore, that you have no jjarticular intention to dis-
tress us more than others whom you have treated with Indulgence,
we flatter ourselves that your determinations will prove no ob.struc-

COLONIAL RECORDS. 889

tion to our Enhirgenient on the above terms; and have transmitted
to you the enclosed (-'opy of the Resolve of Congress in our favor,
which if you countenance; it will meet with the warmest acknowl-
edgements of Gent"

Your most obed' h.umble Serv"
ALEX' .AIORISON JOHN BETHUNE

FERQ^ CAMPBELL NEILL M^ARTHUR

ALEX' ]\L-VCLEOD JOHN SMITH

ALEX' M'KAY MURDO MacCASKILL

JAMES MACDONALD JOHN M"LEOD

JOHN MCDONALD ALEX' MCDONALD

MURDOCH MACLEOD ANGUS ^PDONALD

JOHN MURCHISON JOHN LEGETT

Octob' 3V\ 1776.

Sir,

As the printed Journals of the Continental Congress which have
been lately forwarded to you by your delegates come down no. lower
than the month of May I do myself the Honour by M' Penu to
transmit you some resolves which have passed in Congress since
that period. You will find several of them particularlj' interesting
to our State and necessary in some measure to produce that uni-
formity of conduct in Military arrangements which it is proper to
pervade the whole Continent. ,

Among the rest you will observe a re.solve relative to the Carolina
prisoners confined here from whence it will appear that they are
left entirely to the discretion of your Convention to dispose of them
as you think proper. I have the fullest confidence that you will
extend every Indulgence to them which j'ou can consistent with the
security of the Continent at large & the particular safety of your
own State.

I am Sir yours & the ConA'ention's

Obed' Humble Serv'

WILL. HOOPER.

P. S. You will observe the supplemental Resolve of Congress
offering Cloathing in additioH to tlie Bounty of Land & Money
already offei'ed for the encouragement of Soldiers to enlist in the New
Army.

890 COLONIAL RECORDS.

In Congress Oct^ 17'^ 1776.

Resolved, That the letter from Governour Livingston be referred
to a Committee of three and that said committee be directed to take
into consideration the case of the prisoners in the Gaol of Phila-
delphia.

The committee to whom was recommitted the report on the state
of prisoners in the jail of Philadelphia brought in a further report
which was taken into consideration, whereu2:)on

Resolved, That the prisoners from North Carolina be permitted to
return to their ftniiilies, if the Convention of that State shall be'
of opinion they may so do without danger to that or any of the
LTnited States & in the meantime that bedding blankets and other
necessaries be furnished the Gaoler by M' Alease for the use of such
prisoners as are unprovided with them.

Tliat Capt M°Kenzie be permitted to apply to the State of North
Carolina for liberty to return there, & in the mean time that he be
allowed ten dollars to bear his expenses to Lancaster County.

Extract from the Minutes.
CHAS. THOMSON, Secy.

Si k ,

•

I inclose to you and beg you would communicate to the Conven-
tion a petition from John Smith of Anson County i>raying to be
relieved from liis present confinement & to be restored to liis afflicted
Family and friends. His age, Indisposition, sincere contrition for
the past, and engagements for his future conduct plead warmly in
his behalf, and has so far interested me in his petition as to induce
me to wish that if you should entertain the same sentiments of him
which I do, the Journey of his son hither and back again may not
be without effect.

I am with great Respect Sir Yours and
the Convention's j\Iost Obed. Humble Serv'

WILL HOOPER.

Philadelphia, Nov. d'\ 1770.

Sir:

I do myself the honour tliro' you to send to the Convention a plan
of the present seat of War in America. The topical ife very partic-
ular description of the places where anything interesting has hap-
pened will no doubt afford you much amusement, & put it in your

COLONIAL RECORDS. 891

\

power to read with much greater satisfaction the accounts you

receive of the Military in New Yorlc and its vicinity.

I am Sir, with great Respect,

Yours & the Convention's Obed. Humble Ser.,

W-^ HOOPER.
Philadelphia, Nov. 9'\ 1776".

Sir,

By some accident I omitted to inclo.se the Bill of Cloathing in the
letter which it was intended to accompany, & herewith you will
receive it. Nothing very material has occurred with respect to our
Armies since I wrote you. As to the successes we have had in some
small .skirmishes- with the Enemy I refer you to the late papers
which I send to our Mr Hewes. Our Garrison were well and in
good spirits at Ticonderoga the "2-4"\ Carleton with his Army is at
Crown Point, 15 miles from there.

I am Sir with great Respect,

Your obed. Hum. Ser.,

WILL. HOOPER.

Nov. 6'", 1776, Philadelphia.

Philadelphi.v, November 0"', 1776.

SiK,

By a letter which the Congress have this moment received from
their Gen' Secretary at New York no change of any consequence
has taken place since I last wrote you.

By a letter received at the same time from General Schuyler we are
informed that General Carleton w ith his Army are at Crown Point,
General Gates is at Ticonderoga with a formidable army, every hour
receiving reinforcements of men and supplies of i:irovisions from
Albany and the Eastern States. Schuyler is of opinion that should
the Enemy attack Ticonderoga (and from accounts of two deserters
he has great reason to think that they soon will) we shall be able
to give a good account of them — & that should they be able (which
Ife does not much apprehend) to compel us to retreat from Ticonder-
oga, he rests confident that we shall be able to confine him to the
lakes this Winter, & before next Spring I hope we shall l)e able to
stop his progress effectually.

892 COLONIAL RECORDS.

A Vessell this day arrived from the Southward met with several
armed Ships and brigs and from the course they steered he imagined
they were bound to Virginia.

A large Turkej' shij) the original Invoice of whose Cargoe
amounted to £36,000 Sterling, is arrived at Salem, taken by a Massa-
chusetts privateer commanded by Captain Forrister.

The above facts may afford some amusement to the Honourable
the convention I bfg leave therefore thro' you to communicate the
same to tliem. I am Sir, with great Respect,

Yours & the Convention's

jMost Obed' Humble Serv'

WILL. LIOOPER.

[From MS. Records in Office of Secretary of State.]

i

Letter from Colonel -Jo. AVilliams to the President of the Congress
at Halifax.

CiTTico Town, G"' November, 177G.

HOXOUKED SiK,

Agreeable to instructions from General Rutherford, I marched
three hundred men from Surry County, an,d joined the Virginians
again.st tlie overhill Cherokee Indians, the whole commanded by
Co? William Christian ; we arrived in Tomotly (one of their towns)
the IS"" tilt., & have been lying in their towns till this day ; nothing
done except burning five of their towns & patched up a kind of a
peace (a copv of which you liave inclosed). I purpose waiting on
you myself as soon as I return to N. Carolina, at which time will
endeavour to give a more particular ace'. I have this day obtained
leave to return home with mj^ Battalion.

I am Sir, Your m' Obed' Serv'

JO. WILLIAMS.

[From MS. Records in Office of Secretary of State.]

Letter from President Rutledge, of South Carolina, to the President

of the Nortli Carolina Congress at Halifax.
Sn; :

In Consequence of a Recommendation from the Privy Council,
tlie honourable M' Drayton, a Member of that Board, waits on the

COLONIAL RECORDS. 893

Convention of North Carolina, to sollicit Aid of Men from tliat State

for the Defence of this.

I doubt not that proper Attention will be paid to his Aj^plication,

& hope it will meet with success. I am Sir,

Y' ver\' hble Serv',

J. RUTLEDGE.
Cha^ Town, Nov' 6'^ 1776.

[B. P. R. O. Am. & W. IND. : No. Carolina. Vol. 232.]

Letter from Governor Martin to Lord George Germain.

<■ New York, Nov' 0'", 1776.
My Lord,

I have the honor to present to your Lordship Captain Parry, late
Commander of His Majesty's Sloop Cndzcr, of whose zeal, activity
and unremitting attention to His Majesty's service during the whole
of his Command in North Carolina, I think it a matter of justice, as
well as a point of duty, to bear my testimony to your Lordship, with
whom merit never fails to receive all due approbation.

I have the honor ifec,

•JO. MARTIN.

[B. P. R. O. Am. & W. iND. Vol. 280.]

Letter from Lord George Germain to .John Stuart, Indian Agent, &°.

WiiiTEUALL, 6"= Nov"", 1770.
Sir,

The inclosed Tripplicate of my letter to you of the 5"" Sep*"" will
inform j'ou of the very liberal Supply of goods for Presents to the
Indians which has been directed to be sent to you and I have now
the satisfaction to acc^uaint you that a considerable part (all that
could be got ready in the time) is shipped on Board the Lord Amherst
Store Ship which is now ready to sail for Peusacola intending to
stop for a short time only at .Jamaica on her way. I expect witfi
some Impatience to hear from you of the success of your Negocia-
tion with the Creeks and the Choctaws and that you have prevailed
with them to join the Cherokees who I find have already commenced

894 COLONIAL RECORDS.

Hostilities against the Rebels in Carolina and ^"irginia. The Rebel
Government in the Former Province have I also learn not only
offered considerable rewards for the scalps of those Indians but
declared their children of a certain age which may be taken prison-
ers tlie slaves of the Captors, a Measure which I am sure must
inflame the Enmity of that Nation to the highest Pitch against them
and excite the Resentment of all the other Indians in so great a
degree that I cannot doubt of your being able under such advan-
tageous circujDstances to engage them .in a general confederacy
against the Rebels in defence of those Liberties of which they are
so exceedingly jealous and in the full enjoyment of which they have
always been protected by the King.

At this distance and before the issue of the campaign to the
Northward can be known here it is impossible to give you any
Instructions for the employment of the Savages. Gen' Howe will no
doubt give you full directions when he has formed his plan of opera-
tions against the Southern Colonies. In the mean time as the Chero-
kees have declared for us they must be supported and it will be your
Duty to i)rocure them all the Aid in your Power from the other
Indian Nations and to supply them with arms and ammunition
and other necessaries to enable them to carry on the war. I am not
witliout hopes that Governor Sawyer will find means of assisting
them with a Detachment of his numerous Garrison, and if the well
affected Inhabitants in ihe back Countries could be collected and
embodied to conduct and support the Indians, the Rebels on the
Sea Coast would soon feel the distress from the want of their accus-
tomed supplies, the discontent of the people with the new mode of
Government would increase with that D'stress, and Resentment
against the Authors of their Calamities would be the necessary
con.sequences.

Inclosed I send you l)y the King's command printed Co[»ies of Plis
Majesty's most Gracious Speech at the Opening of the Session
together with the addresses of both Houses of Parliament to His
Majesty -in return, which I have the pleasure to acquaint you woi-e
passed in both Houses by very great Majorities.

I am, itc :

GEO: GERj\L\IN.

COLONIAL RECORDS. 895

[Reprinted from the University Magazine. Vol. XX, P. 89.]

Report of Captain Moore to General Rutherford of his Command
during the Expedition against the Cherokees.

Brigadier General Rutherford:

Dear Sir — After my Compliments to you, This is to Inform you, that
Agreeable to your Orders I Enlisted my Company of Light horse
men, and Entered them into Service the 19th of Oct. From thence
we prepared ourselves and Marched the 29th Same Instant as far as
Ca^heys fort. Where we Joined Capt Harden, of the Tryon Troops,
and ^larched Over the Mountain to Swannanoa. The Next day
Between Swannanoa & French Broad River we Came upon fresh
Signs of five or six Indians, upon which we Marched very Briskly
to the ford of Hominy Creek, where we expected to join the Tryon
Troops. But they not Meeting according to appointment, we were
Necessitated to Encamp and Tarry for them. C)ur men being
extremely anxious to pursue the aforesaid Indians, Aftey the Moon
arose we sent out a Detachment of 13 men Commanded b^' Capt
Harden & Lieut "Woods. They Continued their pursuit about 8
miles and Could Make no Discovery, Untill Day-light appear'd, then
tliey Discovered u})on the frost, that One Indian had gone Along
the Road; they pursued Very Briskly about five miles further and
came up witli s** Indian, Killed and Scalped him. The Remainder
nf thein, we aiiprehended, liad gone a Hunting off the Road, upon
wliich they returned Back to Camp, where we waited to -Join the
Tryons. They Coming up Towards the iMiddle of the day we Con-
cluded to stay (to Refresh our horses which was fatigued with tlie
Over Nights March) till the Next Morning. But to our (ircat Di.s-
advantage we lost several of our Horses, which Detained us tlie
Ensuing day. Tlien we pursued our march as far as Richland
Creek, where we Encamped in a Cove for the Safety of our horses;
buUin Spite of all our Care, the Indians Stole three from us that
Night by which we perceived that the Enemy was alarmed of our
Corning. We followed their Tracks the next day as far as Sc /ts
place, which appeared as if they were Pushing in to the Nation
Bjfore us Very fast & Numerous. From Scots place we took a
Blind path which led us Down to the Tuckyseige river tlirough a
Very Mountainous bad way. We Continued our march ^'ery Briskly

896 COLONIAL RECORDS.

in Expectation of Getting to the Town of Too Cowee before Night.
But it lying at a Greater Distance than we Expected, we were
ObHged to tie up our Horses, & Lay by till Next morning, when we
found a ford and cros.sed the river, & then a Very large Mountain,
whore we came upon a Very plain path, Very much used by Indians
Driving in from the Middle Settlement to the Aforesaid Town. We
Continued our march along s'' path about two Miles, when we came
in Sight of the town, which lay Very Scattered ; then we Came to a
consultation to see which was the best Method to attack it. But our
small army consisting of but 07 men, we found we were not able to
surround it. So we concluded and rushed into the centre of the town,
in Order to surprise it. But tlie Enemy Being alarmed of our coming,
were all fled Save two, who Trying to make their Escape Sprung
into the river, and we pursued to the Bank, & as they were Rising
the Bank on the Other Side, we fired upon them and Sliot one of
them Down & the Other Getting out of reach of our shot, & IVIaking
to the Mountain, Some of our men Crossed the river on foot, &
pursued, & Some went to the ford & Crossed on horse, & headed liini.
Killed & Scalped him with the other. Then we Returned into the
town, and found that they had Moved all their Valuable effects. Save
Corn, Pompions, Beans, peas, & Other Triffling tilings of which we
found Abundance in every liou.se. Tlie town con.sisted of 2.") houses,
Some of them New Erections, and one Curious Town hou.se framed &
Read}' for Covering. We took what Corn we .stood in need of, and
what Trifiling Plunder was to be got, and then set fire To the Town.
Then we concluded to follow the Track of the Indians, wliich
Crofssed the river, & led us a Direct North Course. We Continued
our march about a Mile, and then we perceived a Great pillar of
Smoke ri.se out of the mountain, which we fouitd arose from the
Woods Being Set on fire with a ^Mew as wc su[ipo.sed to Blind tlieir
Track, that we Could not pursue them; Upon which Capt Mcfadden
& Myself took a small party of men in Order to make further Dis-
coverys, and left the main Body Beliind ujHin a piece of advan-
tageous Ground until our Return. We marclied over a Lai'ge
Mountain & Came ujion a Very Beautiful River whicli we had no
Knowledge of. We cro.ssed the river & Immediately Came to Indian
Camps wliich they had newly left; we went over a Second mountain
into a large Cove upon South fork of sd river where we found a
Great deal of sign, Several Camping places ct the fires Burning
Very Brisklv. Night Cominc; on we were Obliued to Return to our

COLONIAL RECORDS. • 897

main Body A While Before day. ^^'hen day appeared we made
Ready and marclied our men Until the place we had Been the
Night Before. Our advance Guard i'eing forward Perceived two
Squaws and a lad, who Came down the Creek as far as we had
Been the Night Before, and when they Perceived our Tracks they
were Retreating to the Camp from whence they Came, wliich was
within 3 Quarters of a mile. The Signal was Given, then we pur-
sued and took them all three Prisoners. LTn''ortunately our men
shouted in the Chase and fired a Gun which alarm'd them at the
Camp & they Made their Escape into the Mountains. The Prisoners
led us to the Camp where w.e found abundance of plunder, of
Horses and other Goods, to the amount of Seven Hundred Pounds.
We took some horses Belonging to the poor Inhabitants of the
frontiers which we Brought in, & Delivered to the owners. Our
provisions falling short, we were Obliged to steer homeward. That
night we lay upon a prodigious Mountain where we had a Severe
Shock of an Earthcjuake, which surprised our men very much.
Then we steered our course about Ea.st & So. East two days thro'
Prodigious Mountains which were almost Impas.sable, and struck
the road in Richland Creek Mountain. From thence we marched
to Pidgeon river. Where we ^"andued off all Our Plunder. Th n
there arose a Dispute Between me & tlie whole Body, Officers tt all.
Concerning Selling off the Prisoners for Slaves. I allowed that it
was our Duty to Guard Them to prison, or some place of safe Cus-
tody till we got the approbation of the Congress Whether they
should be sold Slaves or not, and the Greater j>art Swore Bloodily
that if they were not sold for Slaves upon the spot, they would Kill
& Scalp them Immediately. Upon which I was obliged to give
way. Then the 3 prisoners was sold for £242. The Whole plunder
we got including the Prisoners Amounted Above £1,100. Our men
was Very .spirited ife Eager for Action, and is Very Desirous that
your Honnour would order them uj^on- a second Expedition. But
our Number was too Small to do as Much Execution as we would
Desire. From Pidgeon river we marched home and Every Man
arriVed in health and safety to their Respective Habitation. Cap'
M°fadden is Going to see your Honor at Congress, and if I have
been Guilty of a Mistake in my Information, it's possible he may
Acquaint you better. Col" McDowell, Cap' Davidson and me have
sent for one of the Squaws this Day to come to my house, in order
to Examine her by an Interpreter, and we will Give you as Good
VOL. X — 57

898 COLONIAL RECORDS.

an account as we can Gather from her, concerning the state of the
Indians. Dear Sir, I have one thing to remark, which is this, that
where there is separate Companys Laiited into one Body, without a
head Commander of the whole, I shall never Embark in such an
Expedition Hereafter; for where every Officer is a Commander
there is no command. No more at present. But Wishing you, Sir,
witli all true friends to Liberty all Hajipiness,

1 am, sir. Yours &c.,

WILLIAM MOORE,
On the service of the United Colonies.
November IT'" 1776.

[Fkom MS. Records in Office of Secretary of St.a.te.]

Letter from William Hooper delegate from North Carolina in the
Continental Congress to the Congress at Halifax.

Phil.uielphia, Nov' S"', 177C..
Sir,

I take the earliest opportunity to communicate to you a piec( of
information which I have lately received & which is truly interest-
ing to the Southern States. A Deserter from General Howe's army
who has lately arrived in this City, upon his examination says tlie
cause of his desertion was as follows — "TJiat General Howe was
" planaing an expedition against the Southern Colonies, that Drauglits
"for that purpose were immediately to be made from the army at
"largo, that he was apprehensive that it might fall to his lot to be
"selected — that he was to the soutliward last fall and suflered so
"mucli from drinking bad water, and from musquetoes & Hies, tliat
"lie W(aild rather go to the Devil than make another expedition
"thither." What tends to corroborate this report, is tliat a large
fleet of Transports is now lyijig at Red Hook in readiness to take in
troops and proceed to sea.

They give out that these are intended for Rhode Island, meaning
tlicreby to put us off our guard that we may beconu' a more easy
prej^ to them.

The Convention will i)ay the rcsjiect to this iiiforination whirli
they may tliink it merits & take such measures to pi'cvtnt the
designs of tiieir Enemies as tliey in tlieir wisdom sliall tliink best.

COLONIAL RECORDS. 899

I beg my most respectful Compliuients to the Members of the
Convention and am

Sir with great regard yours & their

most Obedient Humble Servant

WILL. HOOPER.

[B. P. R. O. Am. & W. IN'D. : No. Carolina. Vol. 322

Letter from Governor Martin to Lord George Germain.

LoxG Island ne.\r New York, November 8"', 1776.
My Lokk,

I have the honor to acknowledge the receipt of your Lordship's
disj)atch No. 2, which I obtained only yesterday oiit of the Post
Office at New York, with assurance that it had been delivered there
not Iialf an hour before, so that I am utterly at a loss to accoufit to
your Lordship for its delay. The arrival of the Ranger Sloop from
South Carolina, of which we have received advice, will however
have anticipated your Lordship's expectations of the information
of His Majesty's servants in the Southern Colonies that miscarried
in the Duke of Cumberland Packet

My dispatches by her will i)ave acquainted your Lordship of the
defeat of my expectations from the eflbrts of the well affected in
North Carolina, owing to the failure of the Troops to arrive at the
time I was taught to expect them (when previous arrangements
obliged nie to call them forth), and to want of prudent concert
among themselves. To this last cause indeed, and to very egregi-
ous milita'y misconduct, my latest and best information inclines me
to ascribe the discomfiture of the Loyalists, who, with better guidance,
under every circumstance of disappointment, with regard to their
own strength and tlie timely arrival of the British Troops (that
would liave rendered their success certain), I am clearly of opinion
my Lord mu.st have effected thfir purpose of joining 7ne. My
letters by the same conveyance, will also have informed your Lord-
ship of the principles u] on wliich tlie Troops were withdrawn from
N° Carolina. Since my last letter to j'our Lordship the refugees
w*io had taki'ii sanctuary on biard tiie sliips in Cape Fear river, are
arrived here from N" Carolina in n Transport under convoy of the
King's ships which were recalled from that station.

900 COLONIAL RECORDS.

I have encouraged the People my Lord to join the Army here,
and I believe such of them as have served as Provincial soldiers,
and who are now to be paid off by me, will take that part, while
those who are not able or willing to bear arms, will readily gain a
subsistence here, I am hopeful, without being further chargeable to
the Public.

By a Person who left North Carolina in the month of September
last, I am informed the rebels in that Colony, were so infatuated
with the idea of being an independent State, as declared by the
Congress, that thej' have struck Paper money with so liberal an
hand, for the support of the war, as to have emitted five hundred
and .fifty thousand pounds, which vast sum, was then nearly
expended. The Leaders of their Politicks at that time were Corne-
lius Llarnett, Willie Jones and Thomas Jones who are all very guilty
characters. I have the honor to enclose to your Lordship a copy of
a resolve of their Committee of Safet\', calculated to compleat the
distress of the well affected. My effects in that country it seems,
were previously plundered, and under the sanction of this Act I
suppose will be confiscated with the estates of all the obnoxious. To
what ail extreme of madness is this People arrived !

Of the ojierations here my Lord I forbear to say anything to your
Lordship, as I know nothing of Plans, objects or events but from the
commonest report, and am assured that your Lordship cannot want
information from the best authority.

I have received with great satisfaction your Lordship's circular
letter of the 3* of May, signifying Her Majesty's safe delivery of a
Princess, and I sincerely enter into the joy of the rest of His
Majesty's subjects on that event.

I have the honor, etc.,

JO. MARTIN.

[From MS. Records in Office of Secretary of Statf,.]

The Petition of John Smith late of Anson County North Carolina
to the Congress assembled at Halifax humbly sheweth

That your petitioner having been charged with Practices unfavor-
able to the Interests of America and of having aided and assisted
her Enemies in their Endeavors to establish the arbitrary system of
measures formed by the British Ministry against her was arrested

COLONIAL RECORDS. 901

sometime in the Month of March last and brought before your
Honors.

That your Honors on hearing your Petitioners Case and the
Evidence in support of the said Charges thought proper to send
your Petitioner (with a number of others) Prisoner to this State of
Pennsylvania where he liatli continued .since his Arrival Closely
Confined in the Common Prison separated from his Family and
Friends.

That he is informed his Family in North Carolina aforesaid are
extremely afflicted and greatly injured by his absence — he is there-
fore very desirous of returning to them and willing to give every
proper Testimony of his sincere attachment to the Rights and priv-
ileges of his Fellow Countrymen and the most approved security
for his future peaceable Demeanor during the present contest with
Great Britain.

He therefore humbly prays your Honors would consider his case
and on receiving such security that an order may be made for per-
mitting his return to his wonted Home and afflicted Family and
Friends and as in duty bound he shall pray &c.

JOHN SMITH,

November the 9'\ 1776. Little River.

[From MS. Records i.\ Office of Secretary op State.]

Letter from Colonel AVilliam Christian, Commanding Virginia forces
against the'Cherokees, to Colonel Russell.

November 12'^ 1776, at Major Shellev's.

SiK,

Yesterday Isaac Thomas brought me a message from Cap' Rober-
SQO, of Watauga, signifying his desire to have leave to go into the
Nation after Horses; I have considered the matter and think it
most prudent, that no person whatsoever shall go there except by
my orders untill the Virginia & North Carolina States do determine
under whose protection the Nation is to be considered ; or who is to
Treat with them hereafter. The people will git their Horses as well
without going ; And those who go will be suspected of having some
Evil views.

902 COLONIAL RECORDS.

Therefore it is 1113' express orders tliut no j^erson or persons what-
soever shall go to the Overhill Cherokees without my leave ; unless
Authorized by the Virginia or Carolina .States, or untill further
orders. You are desired to publish this letter everywhere where
you may think necessary, that no person may hereafter plead Igno-
rance when call'd to an account for it ; send a Copy certified, by
Express to Cap' Roberson as speedily as in your power; let it be sent
night and day untill it gits to him ; and let the messenger be a man
who will know what he delivers.

I am yir, your Obed' Serv',

WILLIAM CHRISTIAN.

[From MS. Record.^ in Officii; of Seceetary of St.vte.]

Letters from William Hooper Delegate from North Carolina in the
Continental Congress to the Congress at Llalifax.

Philadelphi.v, Nov' 14"', 177(1
Gentlemen,

We have this moment received Intelligence from the Jersies that
100 of the Enemies Ships have been seen off the Coast of Shrews-
bury steering Southward. They probably intend for this place, how-
ever as it is possible they may intend farther Southward, the Con-
gress have thought proper to dispatch an express to you that you
may hold yourselves in immediate readiness to oppose any attemi)ts
against j'our State, or to render assistance to your neighbours.

A Careful lookout should be kejit along the sea coast, that we may
be api)rized of their movements and not taken napping. As your
defence & that of South Carolina must consist chiefly in militia you
will take measures that they hold themselves in perfect readiness to
march when and wlierever the Convention sliall think fit to order
them. We are making every [icssible preparation to o]i[)ose any
designs they may have against this place A with the blessing of
God I confide shall be able to disappoint them.

I am Gentlemen, with the greatest Respect,

Your Obed' Humble Servant

WILL. HOOPER.

COLONIAL RECORDS. 903

Sir,

I omitted to mention in tlie letter which I have closed and which
accompanies this, that the Enemy are scant of provisions & may
have some dependance upon the Cattle on the Sea Coast of the
Southern States for a supply — in that case you will perhaps think
it prudent to drive back the stock from the Low Country as soon as
possible'. Horses are much an Object with them for their Waggons,
& therefore must be kept out of their way. It may be worth while
to spend a thought upon a mode of securing our Negroes, and pre-
venting any communication between the Enemj^ & any who may
be disaffected amongst you whether of the late Insurgents or others.
I am Gentlemen, with great Resjiect,

Your Obed' Servant,

WILL. HOOPER.

Philadelphia, Nov' 15'", 1776.

PHILADhLl'HIA, Nov'' 15"', 1776.

Gentlemex,

By an express which was dispatched to the Southern States yes-
terday, I suggested to you the probability that a large body of
forces had embarked and part of them had sailed from N. York for
this place or the Carolinas. Since yesterday by a letter from Gen-
eral Greene who commands at Fort Lee we have further informa-
tion upon this subject. He says that by a Gentleman of undoubted
veracity and warm attachment to the American Cause who is just
from New York he has obtained Intelligence, that the enemy are
now embarking ten thousand men which are destined for an expe-
dition against South Carolina, that L** Dunmore is to proceed with
them and have the command.

This information has induced Congress to send dispatches to you
& the other Soutliern States, that you may take measures immedi-
•ately to counteract the designs of the Enemy. I cannot imagine
that the Enemy, infatuated as their councils have hitherto been are
yet so far lost to every Idea of Propriety as to entrust such an impor-
tant command to L'' Dunmore. He no doubt with Gov" Martin &
U William Campbell will go in the fleet, and give every assistance
they may be capable of, but Clinton I imagine will conduct the land
forces.

I cannot take upon me to direct what measures it will be ])rudent
for you to pursue. Whether A'irginia Nortli or South Carolina will

904 COLONIAL RECORDS.

be tlie first object it is yet impossible to decide. It will become you
to hold all the Militia and regular troops of your State in readiness
to repel the British troops whether they should attempt to land upon
your Qwn coast or whether it should be necessary to afford succour
to South Carolina or '\^irginia. LTpon this important occasion when
the fate of our Soutliern Country is perhaps to be decided, and those
liberties which we have been long gloriously struggling for are to be
fixed ujion a firm foundation or lost forever, I trust in God no man
will deny his aid, but that all as one man will step forth to meet the
foes to America to liberty to Heaven, for our's is the cause of God.

I have ordered three tons of Gun powder to Charleston by an
armed Vessell bound thither. She will probably sail in the course
of t!je next week. I will apprize you of it as soon as it takes place
and if you have not a plentiful supply upon hand of that article
you can have recourse there to supply yourself. Should you have
occasion for more let me have your commands seasonably as at
present our Magazines are tolerably full.

I enclose you the last newspapers from which you will perceive
General Washington's late operations, as well as the sudden retreat
of General Sir Guy Carleton from Ticonderoga. I sincerely congratu-
late you upon the latter as an event of much importance to these
States & Am.

Cientlemen with the greatest respect
Your Most Obedient Humble Servant

WILL. HOOPER.

PiiiL.ADELrHiA, November IG"", 177G.

SiK,

When I closed my letters last evening, I did not imagine that it
would be necessary for me to write anything further upon the
motives which induced the Congress to send the Express who is the
bearer of this. The Representation of the delegates of South Caro-
lina, stating the weakness of that Colony and its incompetencj' to its
own defence, if attacked by a formidable force of the Enemy, its
reliance upon North Carolina for that succour which it had little
reason to expect from any other source; their apprehensions that an
attack was immediately intended by General Howe upon Charles-
town, have induced Congress to pass a resolve which this inclo-ses,
and have detained the Express to give an opportunity to communi-
cate it to your honorable bod}'.

COLONIAL RECORDS. 905

The Congress of North CaroHna are well aware that should the
Enemy succeed in an attempt upon Charlestown and obtain pos-
session of that metropolis, it would operate very in:iportant conse-
quences with respect to the neighbouring colonies in their future
stfuggle. As that place might from the advantages of Nature be
easily fortified on the land side, and with a fleet commanded every-
where else, a small force would be competent to the defence of it,
and an enemy once in possession would obtain a permanent lodg-
ment there. It would become an Asylum for the disaffected from
all parts of the Southern States, by which means the enemy will be
enabled to fill up those deficiencies which Nature or the chance of
war may produce in their forces. It will at the same time furnish
them with a safe commodious Harbour for their Shipping from
whence they may be sent occasionally to distress their neighbours,
or find safetj" themselves when pressed by their Enemies, or the
inclemency of the Weather. The Inhabitants of the Western
Counties of North Carolina may see the importance of South Caro-
lina being kept secure from the introduction of the Enemy, in
another but not less important point of view; the intercourse which
they have had with the town of CharlestoAn marks it as an object
of much importance to them. I will not be as positive, for I judge
perhaps upon mere superficial grounds, as General Armstrong, but
I will not pronounce him wrong, when he says that the Battles of
our State will be fought in South Carolina or Virginia, and that in
one or the other North Carolina will be saved or subdued.

North Carolina at an early period in this contest disclosed a spirit,
a determined resolution, a strength which raised it from an obscurity
to a distinction which it now respectably holds in the list of the
United States. Its intestine foes were soon taught the weight of its
collective powers, and their opposition sunk into insignificance and
contempt. Their crimes have produced an abject contrition, and
some of them are humbled so low as to merit rather pity than
resentment. From within ourselves, then, little is to be feared, and
from the situation of our Country in that part where a foreign
Enemy is to make its advances at first, they must hazard more than
the importance of the Object would justify. Sudden landing for
the sake of Water, depredations of cattte or negroes will be all which
they will attempt, and .scouting parties may be so employed to har-
rass them as to prevent this being long a business of pleasure to
them.

90(J COLONIAL RECORDS.

Virginia has, or the Lihabitants of that State, expressing them-
selves by their delegates imagine the}' have, much to apprehend in
case tiie Enemy should attempt to obtain a footing amongst them.
This de{)ends much upon their own exertions. True it is from the
great Lumber of ^^'ater courses which pervade that Country, the
enemy from their Shipping may liarrass them bj' small indecisive
encounters, but I am confident that nothing upon a large scale,
when Success will determine any thing important as to the common
cause, will lie attempted there. For these reasons I conclude tliat
the Enemy will shape their course immediately to Charlestown, and
well aware to what causes they owed their disapj)ointment in
the former attempt, will go with a formidable armj^ not less than
10,000, & witliout si)ending any part of their Strengtli in a con.flict
with Sullivant or other Batteries, will endeavour to pass them with
a fair Wind and invest the town before ii is prepared to give them
a proper reception, or possibly may laud at a distance and advance
under cover of occasional temjiorary Works.

This points out Strongly the neces.sity of their having a force at
or near Charlestown,. to make a sudden effort to vepel the first
attempts of the Enemy. A delay might defeat the whole, and a force
be inadequate to remove them trom a lodgment made, when a
third of it might, if seasonably applied, have prevented their
oljtaining it at first. The Continental Congress have therefore
thought proper to recommend tliat the Continental Troops under
Gen' Moore should lie stationed whei'e they may be in a capacity to
be suddenly and most effectually useful to South ( arolina, and at
the same time not at such a distance from ourselves as to be incapa-
able of rendering N": Carolina a.ssistance in case the Enemy should
be infatuated enough to attempt to penetrate it. Tliis measure
recommended by Congress wiV ^ doubt not obtain your approba-
tion; yet as tlie full and perfect security of North Capolina is a first
and important object to me, the representative of it, I did not think
my.self at liberty t(j con.'^ent to any arrangement whicli miglit
weaken our internal resources witliout a con:])etent substitute in
lieu of them. This induced my application that the Militia which
we might have occasion to call forth should be at the Continenlal
Expence, which from the Ju^ice of it obtained their assent. If you
have begun any works at Cape Fear River or elsewhere, you will
now have the means of compleating them, and have a force on
hand to assist your Neighbours in S":^Carolina or N'irginia; and

COLONIAL RECORDS. 907

the State of Xortli Carolina may perliaps be remembered liereafter
with gratitude as having given salvation to one or both of them. I
have promised much for my dear Countrymen upon this occasion,
not more than I am well assured they will perform I know the
hardships thej' have encountered, the difficulties under which they
labour at jjre.sent, but when they consider the prize they contend
for is liberty to themselves & to posterity, to avoid the galling yoke
of Abject Slavery now & to latest ages, all they sutler or can suffer
will weigh but as a feather against a world when they contemplate
things as they are.

Circumstanced as matters are, should you have occasion for stores
of any kind which this place supplies I beg to know your wants
immediately that, upon tlie Arrival of the packet from Edenton
they may be dis[iatched to you. AVe expect her every moment and
am much surprised that she has not appeared before this.

Inclosed you have another Resolve which the necessity of recruiting
an army immediately to the Eastward has rendered proper. Congress,
tho' well convinced of the utility of enlisting men duriiKj the War,
as it would lend to prevent the frequent calls for bounty upon new
enlistments, and obviate the difficulties which would result from
troops leaving Camp when their services ar.e most essential, and
when perhaps the fate of America might depend upon their stay, that
w'e might have an army enured to service and discipline, thought
proper to direct them to be raised during the war. An application
from the State of Mass'", accompanied with the information that
Connecticut and Rhode Island were pursuing similar and enually
improper means to coraj^leat their levies, finding that these States
urged as an excuse for their extraordinary bounties, the insurmount-
able difficulties which they met with in recruiting men during tlie
war, suggesting that Soldiers complained of such an engagement as
' a contract for perpetual servitude, the Continental Congress thought
proper to relax & shorten the terms of Enli.^tment, agreealjle to the
Resolve which I send j'ou herewith & which the above will fully
explain.

Nothing in addition to what this & my many preceeding letters
contain occurs to me as necessary at present to be subjoined. I
have already far trespassed u})on the patience & the momentous
employment of that honourable Assembly in wliich you i>reside, &
for which I .send my excuse, in their candor wliich will I flatter

908 COLONIAL RECORDS.

myself attribute it to a belief on my part that I am in the way of
my duty.

I am Sir, With the Greate.st Respect,
Yours & the Conventions most

Obedient Humble Servant

WILL. HOOPER.

[From MS. Records in Office of Secretary of State.]

Letter from President Hancock to the Congress at Halifax.

&

Philad' Nov"' 14'\ 1776.

Gentlemen',

The enclosed Letter from M' Searle, a Gentleman of Honour, and
a Friend of America, containing the most important Intelligence, I
am commanded by Congress to forwai'd to you with the utmost
Expedition. Tlie uncertain destination of the Fleet therein men-
tioned, makes it absolutely necessary that you should be informed of
their Sailing, that you may make every preparation in your Power
to defend yourselves in case of an Attack. I most ardently entreat
your AttentioQ and Exertion on the present occasion, and have the
Honour to be Gentlemen,

Your most obed. & very hble Serv'

JOHN HANCOCK, Ft.

«

By an Express just rec'* Gen' Carleton has retreated with all his

Forces to Quebec.

Long Branch, New Jeksey,

Wednesday morning 12 o'clock.
Dear Sir,

About 10 "Clock this morning appeared round the Point of Sandj'
Hook a number of Vessells outward bound, thej' are still coming
out in great number, as I unfortunateh^ have no Glass, I cannot as
yet distinguish their motions, I shall detain the Express however
one hour longer, that I may endeavour to form some Judgement of
their number & Course.

One o'clock — I do not think it prudent to detain the bearer any
longer, the Ships come out but slowly, at present about 100 sail
appear round the Hook & appear to be standing to the southward,

COLONIAL RECORDS. 909

wind at N. West, I observe one or two that appeav to be very large. Do
me the favour to send word to M" Searle that I set out for Phil"
this afternoon & shall be there on Friday at noon.

I am D"' Sir Ac
. JAMES SEARLE.

[From MS. Records in Office of Secretary of State.]

Letter from President Hancock to the Congress at Halifax.

PHILAD^ Nov"^ 1.J'^ 177G.
Gentlemen,

Since dispatching the Express yesterdaj' with Intelligence that a
Fleet of above One Hundred ^"essels had left New York, the Congress
have received a Letter from General Greene containing further
Accounts;, a Cop}' of which, in Obedience to their Commands, 1
now enclose.

It appears from this Information, that Lord Dun more is to take
the Command of a Fleet bound for the Southward, and said to be
for South Carolina. But as it is by no AWans certain against which
of the Southern States, the Expedition is designed, it is highly
necessary you should be on your Guard. I shall not detain the
Express, only to add that you will make tuch LTse of this Intelli-
gence, as tlie Importance of it requires.

I have the Honour to be. Gentlemen,

Your most Obed' &
^\-ry Hum"' Serv'
.JOHN HANCOCK, Presid'.

Since the foregoing. Congress have pai5s'd a Resolve, respecting
'the Troops in your State, & the necessity of the Exertion of a part
of your Militia, which I inclose you & to which I beg Leave to
Refer you as also to the Resolve respect^ the Inlistments.

Please to forward the Dispatches to South Carolina by a fresh
Express.

Fort Lee, Nov. 12'^ 177G.
Sir,

Your fav" of the 4"" & o* of this Ins' came dulv to hand, you
may depend upon my transmitting to Congress every piece of intel-
ligence that comes to hand that is worthy their notice.

910 COLONIAL RECORDS.

By one Justice Mercereau a Gentleman that fled from Staten-
Island, I am inform'd that there are 10,000 Troops embark'd for
South-Carolina to be Commanded by Lord Dunmore. This intelli-
gence he obtain'd by a Gentleman yesterday from the City of New-
York, a man of Credit and Truth. Mercereau i»a very good friend
to the Cause, and a sensible man, and he says from several ways
this Account is confirm'd, perhaps the numbers are not so great as
reported. Mercereau further informs that a large fleet are at the
watering place on Long, or Statcn-Island, all ready to sail for Eng-
land, it is reported the fleet consists of 100 Sail. By several accounts
from different people from the City it appears our prisoners are in a
very suffering situation. Humanity requires that something should
be done for them, they have only half allowance of bread & water,
but this I suppose is exaggerated.

The Enemy at Dobbs ferry wliei'e tliey have been for several day§
past decamp'd this morning at nine "Clock, and took the road
towards King's Bridge. They made an ap[)earance at the ferry, as
if they intended to cross the River. I believe they are disappointed
in their expeditions, and at a loss what measures to pursue.

We have had .several*skirmishes with the Hessians on York
Island, within a few days, killed & wounded between thirty and
forty i)rivates and one oftice-. Day before yestcrda}' our people had
an interview with the Hessians, they acknowledged they were
greatly impos'd upmi by their Prince/and promised to desert that
niiilit hut mine came over.

A Considerable part of the Troops on the other side, are coming
over into the Jerseys, and his Excellency, General Washington with
them. I exj)ect (Jeneral Howe will end 'avour to pos.sess himself of
Mount A\'asliington, but very much doul_)t whether he will succeed
in the attempt. Our Troops are much i'atigued with the amazing
Duty, but are generally in good Spirits. Tiie Hessians say they arc
on lialf allowance. The liglit Horse are .-^aid to be perisliing for
want of rrovender.

I have the Honour to be

Your Most Obed' ct

^'ery Hum'"'" Serv'
NATHANIEL (JREENE.

COLONIAL RP:(0RDS, 911

[From MS. Records in Office of Secretary of State.

Know all men by these PrestMits that I William Cocke, of Fincas-
cle County and- Colony of Virginia, am held and firmly bound unto
iSamuel Woods of Amherst County and Colony a fores'" in tlie penal
sum of sixteen hundred pounds current money of Virginia, to which
payment well and truly to be made I bind myself, my heirs, &c., to
the s* AVoods, his heirs, &c., firmly by these Presents, Sealed with my
Seal and Dated the 15"' day of November, 1776.

The Condition of the above Obligation is such that AVhereas the
s'* Cocke hath bargind and sold and by these presents, for and in
consideration of Eight hundred Pounds to him the s'' Cocke by him
the s** Woods in hand payd and stipulated to be payd as hereafter
mentioned, doth grant, bajgin and sell, alien and confirm unto the
s** Woods, his heirs, &c., certain Tracts or parcels of Land lying in
or on Holston's River, commonly cald the great or long Island of .s*
River, and also a Small Tract containing about Sixty acres lying-
South of .s"* River oposite to tlie s*" Island, and he the s'' Cocke doth
warrant to the s"* Woods that his the s* Cocke's Right to s"" land by
Improvement is the Earliest in time, and also doth warrant the s""
lands and the title thereof to him the s'' Woods against him the s'*
Cocke, liis heirs etc., and all claiming in, by or through him or them.

And Whereas the .s"* Woods hath payd to tlie s** Cocke Twelve
Pounds Ten Shillings of s'' money in hand, & stipulated for the pay-
ment of other one hundred and Tiiirtv' Seven Pounds Ten Shil-
lings in hor.se flesh to be delivered at s" Woods' house before the first
day of May Next, and also hath Given Bonds for the Remaining
>i.\ hundred and fifty P<unds at the Rate of fifty Pounds per'annum,
the first fifty to become due Immediately after the s'' Woods shall
liave Ol'tainec] a Title to .s'' lands from Government, and the Remain-
iwg fiftyes annually in succession after Each Other, provided never-
theless that all the'Expences, cost and charges that shall accrue to
the s'' Woods in Obtaining s'' Titles Shall be deducted out of the
first payment or payments of s** money. Now if the .s** Cocke shall
perform all and Every article contained in this writing Binding
upon him, then the above Obligation to be Void, or Elce to Remain
in lull force and Virtue. W" COCKE, [Seal.]

Sigii'd, seal'd arid deliver'd in presents of
Ep" Dlnlop,
James M°Kein,
W" M'Clenahax.

912 COLONIAL RECORDS.

[From MS. Records in Office of Secretary of State.]

Resolves of the Continental Congress.

In Congress, Nov' 1G'\ 1776.

Resolved, That it he recommended to the Convention of North
Carolina to station General Moore with the Regular Troops under
his Command in such parts of that State or of the State of South
Carolina, where the}' will be in a capacity to I'ender immediate and
seasonable assistance to their friends in South Carolina & that the\'
may be upon the spot to oppose the Enemy wlien, & vvhersoever they
shall attempt to make their landing good in that State, & that the
Convention of North Carolina do immediately at the Continental
Expence embody five thousand militia to compleat any military
operations already begun by General Moore to defend the State of
North Carolina, or march to the relief of their neighbours in South
Carolina, or A^irginia where there shall be mo.st occasion for their
support.

By order of Congress. JOHN HANCOCK, Presid'.

[From MS. Records in Office of Secretakv of State.]

Letter from Colonel Jo. Williams to the Congress at Halifa.\ about
the Cherokees.

SuKRY County, 22"'' November, 17.70.
Hon. Sir,

By M' Price I sent a Co])y of the Articles of peace; I now send
you a Coi)y of a letter from Col" Christian to Col" Russell; both of
which are convincing proof to me, that some of the A^irginia Gen-
tlemen are desirous of having the Clierokees under their protection,
which I humbly conceive is not their right, as almo.^^t tiie whole of
the Cherokee Country ly in the limits of North Carolina & ought (I
think) to be under their protection, & hope will be the opinion of
every member belonging to this State. As our frontiers are Inhab-
ited far beyond where the Colony line is Extended, in order to
avoid futher dis]:)utes, It would be well for Commissioners to be
appointed from each Colony &, have the line extended, otiierwi.se by
all probability there will be great contentions in our frontiers.

COLONIAL RECORDS. 913

One thing more I beg to mention, if the North Carolina State
would Station a Regiment at the mouth of Holston river, it would
be a means of breaking off the communication between the North-
ward & Southward Tribes of Indians; I went & took a view of the
place, & can venture to say I never saw any better formed by
nature; provisions may be conveyed in fi\c days from the big Island
to the point in canoes or small boats. I firopose waiting on you at
Halifax about the 8'" of next month.

I am Sir your most obed' hble serv'

JO. WILLIAMS.

[Fhom MS. Records in Office of Secretary of State.]

THE JOURNAL OF THE PROVINCIAL CONGRESS OF
NORTH CAROLINA, HELD .VT HALIFAX, NOVEM-
BER THE TWELFTH DAY, ANNO. DOM. 1770.

Statk of North Carolina.

At a Congress begun and held at Halifax, in the county of Hali-
fax, the twelfth day of November, in the year of our Lord one
thousand seven hundred and sevent^'-six.

. It being certified that the following persons were duly elected and
returned for fhe respective Counties and Towns, to-wit,

For Anson County — Messrs. Thomas Wade, David Love, William
Picket, George Davidson, Charles Robertson.

Beaufort — Messrs. John Barrow, Thomas Respis, Thomas Respis,
Jr., Francis Jones, Robert Tripp.

Bladen —

^Bertie — Messrs. Thomas Pugh, John Johnston, William Gray,
Noah Hinton, Zedekiah Stone.

Brunswick — Messrs. .Maurice Moore, Cornelius Harnett, Archi-
bald M°Lean, Lewis Dupree, William Lord.

Bute — Messrs. James Denton, Thomas Eaton, Philemon Haw-
kins, Benjamin Seawell, Benjamin Ward.

Craven — Messrs. James Coor, William Bryan, John Bi-yan, Chris-
topher Neale, John Tilghman.

Carteret — Messrs. Solomon Shepard, Brice Williams, William
Borden, John Easton, Thomas Chadwick.

vol. X — 58

914 COLONIAL RECORDS.

Currituck — Messrs. Samuel Jarvis, James AVhite, Keder Mer-
cliant, Hollowell Williams, Thomas Williams.

Chowan — Messrs. James Blount, Thomas Benbury, Thomas
Jones, Luke Sumner, Jacob Hunter.

Cumberland —

Chatham — Messrs. Ambrose Ramsey, .John Birdsong, Mial Scur-
lock, Isaiah Hogan, Jeduthan Harper.

Dobbs — ^lessrs. Richard Caswell, Simon Bright, Abraham Shep-
pard, Benjamin Exum, Andrew Bass.

Duplin — Messrs. James Kenan, Thomas Gray, William Dick-on,
William Taylor, James Gillaspic.

Edgecombe — Messrs. William Haywood, Elisha Battle, Jonas
Johnston, Isaac Sessums, W^illiam Horn.

Granville — Messrs. Thomas Person, Robert Lewis, Memuean
Hunt, Thornton Yancey, John Oliver.

Guilford — Messrs. David Caldwell, Joseph Hinds, Ralph Gorrell,
Charles Bruce, Isham Browder.

Hyde — Mes.srs. Joseph Hancock, John Jordan, Benjamin Par-
merle, William Russell, Abraham Jones.

Hertford — Messrs. Lawrence Baker, William Murfree, Robert
Sumner, Day Ridley, James Wriglit.

Halifax — Messrs. John Bradford, James Hogan, Willis Alston,
Samuel AVeldon, Benjamin M'^CuUoch.

Johnston — Messrs. Needham Bryan, Jr., Samuel Smitli, Jr. John
Stevens, Henry Rains, Alexander Averyt.

Mecklenburg — Messrs. John Pfifer, Robert Erwin, Zacheus AVil-
son, Hezekiah Alexander, Waightstill Avery.

Martin — Messrs. AVilliam Williams, AVhitmill Hill, Thomas
Hunter, John Hardison, Samuel Sraithwick.

New Hanover — Messrs. Jolm Ashe, Samuel Ashe, John Devane,
Sampson Moseley, John hollingsworth.

Northampton — Messrs. Allen Jones, Jeptha Atherton, James
Ingram, Huwrll Edmunds, Robert Peoples.

Onslow — Messrs. John Spicer, Thomas Johnston, Benajah Doty.
Edward Starkey, Henry Rhodes.

Orange — Messrs. James Saunders, William Moore, John M°Cabe,
John Atkinson, John Paine.

I\M(piiinans — -Messrs. Benjamin Harvey, Miles Harvey, Thomas
Harvey, William Hooper, William Skinner.

COLONIAL RECORDS. 915

Pasquotank — Messrs. Henry Abbot, Devotion Davis, Isaac Greg-
or\', Dempsey Burgess, Lemuel Sawyer.

Pitt — ^ Mes.srs. Benjamin May, William Robson, .James Gorham,
George Evans, Edward Salter.

Rowan — Messrs. Griffitla Rutherford, Matthew Locke, William
Sharpe, .James Smith, John Brevard.

Surry —

Tyrrell — Messrs. Peter Wynn, Jeremiah Frazier, Isham •A\'ebb,
Stephens Lee, Benjamin Blount.

Tryon — Messrs. Joseph Harden, Robert Abernathy, William
Graham, William Alston, John Barber.

Wake — Tignal Jones, James .Jones, Michael Rogers, John Rice,
Britain Fuller.

Town of Bath — Mr William Brown.

Town of Brunswick — Mr Parker Quince.

Town of Campbelton — Mr Thomas Hadley.

Town of Edenton — Mr Joseph Hewes.

Town of Halifax — Mr Willie .Jones.
, Town of Hillsborough — Mr William Johnston.

Town of Newbern — Mr Abner Nash.

Town of Salisbury — Mr David Nisbet.

Town of Wilmington — Mr William Hooper.

Pursuant to which tlie following members appeai'ed, to wit:

Messrs. Richard Caswell, William Haywood, Jonas Johnston, Isaac
Sessums, William Skinner, Benjamin Harvej', Miles Harvey, William
Williams, John Hardison, Ambrose Ramsey, John Birdsong, Mial
Scurlock, Thomas Benbury, Luke Sumner, James Blount, Jacob
Hunter, Thomas .Jones, Robert Sumner, Day Ridlej^ William Mur-
fre , James Wright, William Bryan, Christopher Neale, John Bryan,
•John Tilghman, .James Denton, Thomas Eaton, Philemon Hawkin.s,
Benj. Ward, Edward Salter, James Gorham, WilHam Robson, Tho.s.
Rcspis, John Barrow, Thomas Respis, Jr., Francis Jones, Robert
Tripp, Allen Jones, James Ingram, Howell Edmunds, Simon Bright,
Abraham Sheppard, Benjamin Exum, Willie Jones, Jeremiah Fra-
zier, Isham Webb, Abner Nasli, A\'illiam Dickson, William Taylor,
Thomas Gray, Henry Aljbot, Isaac Gregory, Dempsey Burgess,
Lemuel Sawyei', Devotion Davis, Solomon Sheppard. John Easton,
Thomas Chadwick, Noah Hinton, William Gray, Zedekiah Stone,
Henry Rhodes, John Spicer, Benajah Dot}', Tliomas Jolmston, Par-
ker Quince, William Lord, Thomas Person, Robert Lewis, Memucan

916 COLONIAL RECORDS.

Hunt, John Oliver, Samuel Jarvi.'^, Hollou'ell "Williams, Thomas
Williams, James White, Jolm Bradford, James Hogan, Benj. ]\PCul-
loch, Samuel Weldon.

General Jones proposed for President Richard Caswell, Esquire,
who was unanimously chosen, and placed in the Chair accordingly.

At the same time James Green, Jr., was appointed Secretary, and
Mr James Glasgow Assistant.

On -motion, Evan Swann and John Gooding were appointed
Doorkeepers during' the continuance of this Congress.

The Congress adjourned till To-morrow morning 10 o'clock.

Wednesday, November ] 3"", 1776.

Met according to adjournment.

Mr Lawrence Baker, one of the Delegates for the County of Hert-
ford; Mr Willis Alston, one of the Delegates for the County of Hali-
fax; Mr. David Caldwell, and Mr Jos. Haynes, two of the Delegates
for the County of Guilford , General Ashe, Mr Samuel Ashe, Mr
Sampson Mosely, Mr John Devane, and Mr John Hollingsworth,
Delegates for the County of New Hanover; Mr Archibald ]\PLaine,
and Mr Lewis Dupree, two of the Delegates for the County of Bruns-
wick ; Mr William Alston, one of the Delegates for the County of
Tiyon; Mr Andrew Bass, one of the Delegates for the County of
Dobbs; Mr Joseph Hancock, Mr John .Jordan, and Mr Abraham
Jones, three of the Delegates for the County of Hyde; JNIr John
Atkinson, Mr John Payne, and Mr AVilliam Moore, three of the
Delegates for the County of Orange ; Mr Elisha Battle, one of the
Delegates for the County of Edgecombe ; Mr ]\Iichael Rogers, Mr
Britain Fuller, Mr Tignal Jones, and Mr James Jones, four of the
Delegates for the County of Wake; General Rutherford, Mr James
Smith, Mr William Sharpe and Mr John Brevard, four of the Dele-
gates for the County of Rowan; Mr Ilezekiah Alexander, Mr Robert
Irwin and Mr Zacheus Wilson, three of th? Delegates for the County
of Mecklenburg; Mr Thomas Wade one of the Delegates for the
County of Anson; and Mr.Kedar Merchant, one the Delegates for
the County of Currituck, appeared, subscribed the Test, and took
their seats in Congress.

His Honor the President lai I before the House a Letter from the
President of the Continental Congress, enclosing sundry Resolves,
which were read, and ordered to be filed.

COLONIAL RECORDS. 917

Resolved, That Mr Thomas Respis Jun'', Mr Zedekiah Stone,
Mr Lord, Mr Denton, Mr Neale, Mr Solomon Sheppard, Mr Jarvis,
Mr Luke Sumner, Mr Scurlock, Mr Abraham Sheppard, Mr Thomas
Gray, Mr Haywood, Mr Hunt, Mr Hajaies, Mr Hancock, Mr Mur-
free, Mr Hogan, Mr Hardison, General Ashe, Mr Ingram, Mr Rhodes,
Mr A^'illiam Moore, Mr Skinner, Mr Gregor}-, Mr Gorham, Mr
Sharpo, Mr Frazier, and Mr Willis Alston, be a Committee to
inquire what number of Troops may probably be raised in the dif-
ferent Counties in this State, and make Report to the House.

It being moved and seconded that all Questions for -the future
should be determined by Voice, instead of Counties and Towns,
and it being objected to, the Question was put and carried in the
affirmative, to wit,

By Counties and Towns: Beaufort, Brunswick, Carteret, Chowan,
Hyde, Perquimons, Pasquotank, Pitt, Town of Brunswick, Town of
Newbern

By Voice: Bute, Craven, Currituck, Chatham, Dobbs, Duplin,
Edgecomb, Granville, CTuilford, Halifax, Martin, New Hanover,
Northampton, Onslow, Orange, Bertie, Trj^ou, Town of Halifax.

On motion Resolved, That Mr Haywood, Mr Abbot, Mr Thomas
Jones, Mr Miles Harvey, Mr AVillie -Jones, Mr Benbury, Mr -Jarvis,
^Ir Luke Sumner, Mr Edmunds, Mr M'Culloch, General Person,
and Mr Neale, be a Committee of Privileges and Elections; and that
they have Power to send for Persons, Papers and Records, as the
case may require, and make rejiort to this Congress.

Read the petition of a number of the Inhabitants of Orange
Complaining of an undue Election in the said County, praying
Relief

Ordered the same be referred to the Committee of Privileges and
Elections.
^Read the petition of a Number of the Inhabitants of Guilford
County complaining of an undue Election in said County, praying
Relief

Ordered the same be referred to the Committee of Privileges and
Elections.

On the petition of George Micklejohn, now on Parole in the
County "of Perquimons, praying. Leave to be heard in Congress,

Resolved, That the said George Micklejohn, be permitted t6
repair to this Congress, pursuant to the Prayer of his said Petition.

918 COLONIAL RECORDS.

Resolved, That Mr AVillie Jones, Mr Xasli, INIr Ingram, General
Person, Mr Alexander, Mr Thomas Jones, Mr Neale, Mr James
Blount, Mr Jonas Johnston, Mr Samuel Ashe, Mr j\Iaclainc, Mr
Robert Sumner, and General Jones, be a Committee of Inquiry.

On the Petition of Solomon Mercer, Henr}' Pope, Benjamin Ivey,
Solomon Mercer, Jr., Charles Baker, Malcom Briee, Gilbert Cox,
William Chaviss, Isaac Sterling, Miles Barfield, Benjamin Harper,
Murrel Bath and Christopher Mercer, confined in Xewbern Gaol for
Misdemeanors,

Ordered that the said Petitioners be brought before this Congress,
and that the Commanding Officer of the regular Soldiers now at
Newbern, be directed to send them under a sufficient Guard to
Halifax.

Resolved, That Mr President, General Person, General Jones,
General Ashe, Mr Nash, Mr W. Jones, Mr Thomas Jones, Mr Bright,
Mr Neale, Mr Samuel Ashe, Mr Haywood, General Rutherfoi-d, Mr
Abbot, Mr Luke Sumner, Mr Thomas Respis, Jun'', ^Ir Maclaiue
Mr Hogan, and Mr Alexander, be a Committee to form, and lay
before this House, a Bill of Rights, and Form of a Constitution for
the Government of this State.

Ordered, That Mr Eilmunds be added to the Committee of
Inquiry.

Read the Memorial of a Number of the Free holders of the Town
of Hillsborough, complaining of an undue Election for the said
Town.

Ordered the same be referred to the Committee of Privileges and
Elections.

The Congress adjourned till To-morrow jMorning 10 o'Clock.

Thursday, November U'\ 1776.

INIet according to adjournment.

Ordered, That Lawrence Baker liave Leave to absent liimsclf
from the Service of the House.

Mr Needham Bryan and Mr Henry Rains, two of the members
for the County of Johnston ; INIr Cornelius Harnett, one of tlie mem-
bers for the County of Brunswick; Mr James Gillespie, one of the
members for the County of Duplin ; and ]\Ir James Picket, one of
the members for the County of Anson, apjieared, subscribed the
Test, and took their Seats in Congress.

COLONIAL RECORDS. U19

Mr Josepfi Hewes, the member for the Town of Edeiiton, and Mr
William Horn, one of the membei's for the County of Edgecomb,
ajjpeared.

Resolved, That Mr Benjamin Harvey, ]\lr Hunt, Mr Irwin, Mr
Sawyer, Mr Rhodes, Mr Abraham Sheppard, Mr Skinner, j\Ir Tig-
nal Jones, and Mr Wade, be a Committee to settle and allow the
Public Claims.

Resolved, Tliat Mr Hewes, General Rutherford, Mr Nash, Mr
Sharpe, Mr Alexander, Mr Luke Sumner, General Ashe, Mr Ward,
Mr Haywood, Mr Harnett, Mr Willie Jones, Mr Benjamin Harvey,
Mr Hinds, General Person, and Mr Samuel Ashe, be a Committee
to take into Consideration the Expediency of raising and continuing
in Service Companies of Rangers, for the Protection and Defence of
the Frontiers of this State.

On the Petition of James Childs, praying to be enlarged from his
Parole in the Town of Edenton,

Ordered, That the said James Childs be directed to appear before
this Congress as speedily as possible.

Ordered, That Mr Hewes, Mr Harnett, Mr Sharpe, and ^Ir Spicer,
be added to the Committee to form, and lay before this House, a
Bill of Rights and Form of a Constitution for the Government of
this State.

Ordered, Mr Thomas Johnston, Mr Irwin, Mr Rogers, General
Rutherford, Mr Brevard, Mr Harnett, and Mr Hewes, be added to
the Committee of Privileges and Elections.

Mr Thomas Hadley, the member for Ihe Town of Campbelton,
and ]\Ir Benjamin Seawell, one of the members for the County of
Bute, appeared.

Read the Petition of Jacob Elliott, Abraham W'oodward, and
John Underbill, charged with Misdemeanors, praying to be heard.

Ordered to be referred to the Committee of Jnquir\'.
« The Congress adjourned till To-morrow Morning 10 o'clock.

Friday, November Jo"', i77G.

' Met according to adjournment.

Mr David NLsbet, the member for tlie Town of Salisbury; Mr
Waightstill Avery, one of the members for tlie County of Mecklen-
burg; Mr Samuel Smith wick, for the County of Martin; ]\Ir Benja-
min Parmerle, one of the members for the Count}' of Hyde ; and

920 COLONIAL RECORDS.

Mr Peter Wj'nn, one of the members ibr the County of Tyrrell,
appeared.

General Jones, Chairman from the Committee of Inquiry, reported
that the Committee had taken under Consideration the Petition of
Jacob Elliott, Abraham Woodward, and .John LTnderhill, as referred
by the Congress, and are of the Opinion that they might be di.s-
charged, on taking an Affirmation of Fidelity to the State.

The House taking the same into Consideration,

Resolved, That the said Jacob Elliot, Abraham Woodward, and
Jf)hn [Jnderhill, be discharged on taking the following affirmation,
to wit:

"I, A B, do solemnly and sincerely declare and affirm, that I will
bear true allegiance to the independent State of North Carolina and
to the Powers and Authorities which may be established for the
good Government thereof."

Resolved, That the Treasurers, or either of them, pay into the
Hands of Capt. Benjamin Williams, of the second Regiment of
Continental Troops, the sum of £400 for the special purpose of
recruiting soldiers in this State, and that the said Treasurers be
allowed in their Accounts with the Public.

On motion. Ordered, That sundry horses, and a Chariot the prop-
erty of the late Governor ]\Iartin, be sold for ready money on Mon-
day next at 4 o'clock in the afternoon, in the Town of Halifax, and
that the Proceeds of Sale be paid into the Treasury of this Province
to be applied as this Convention, or any future Convention or A.ssem-
bly shall direct.

It appearing that ]\Ir James Jones, who was elected one of the
Delegates for tlie County of Wake was at the time of his election an
Officer in the Army in the service of the Linited States of America,
and therefore disqualified to sit and vote in Congress, pursuant to a
former Resolve,

Resolved, That the Freeholders and Householders in the county
of Wake meet at the Court House in said county on the 28"' Instant,
then and there to elect a delegate to sit and vote in this present Con-
gress, instead of INIr James Jones, whose seat was vacated by his
holding an Appointment as an Officer in the Continental Service at
the time of his election, and that the candidates, or a majoritj' of
them, shall appoint a Clerk and Inspectors to take the Poll, and
make Return thereof that Mr John Ilumjihries, Clerk of the late
Committee of said County, advertise the said election.

«. OLONIAL RECORDS. 921

Resolved, That the Executors (r Administrators of Captain Will-
iam Knox, of the second Regiment of Continental Forces, pay into
into tlie hands of the Paymaster all the monies which "William
Knox received from said Paymaster for the purtiosc of raising
Recruits, which at the time of his death remained in his hands
unapplied.

On motion. Resolved, That Mr Avery, Mr Eaton, Mr Birdsong
and Mr Irwin, be added to the Committee to form a Constitution, &c.

The Chairman of the Committee of Privileges and Elections
reported as follows, to wit: The Petition of Part of the Inhabitants
of Guilford County being read, your Committee proceeded to exam-
ine into Facts relative to the Election for the said County, held the
15"^ of October last.

It appears to your Committee that the Committee of said County,
before the Poll was opened, appointed Robert Lindsay, Alexander
Caldwell and Anthonj^ Sharpe, Clerks to the .said Poll; which clerks
have returned the sitting members as duly elected, on their Oaths,
before the Chairman, Mr Samuel Bell, who has also certified tlie
Election to be fair.

It appears to your Committee, by the Oath of William Bethell,
that Joseph Tate and Col. Pea.sley's Father were Inspectors or
Managers of said Election, and that Col. Peasley, who v/as a
Candidate, declared that he came there to oppose Capt. Williams,
who supports the Petition to us referred by the House; that Col.
Peasley used Threats, with a whip clubbed in his Hand, and by get-
ting on the Clerks' Table, did, as the said Bethell believes, drive
back, or prevent some Votes in Favour of Capt. Williams, but that
he did not know but that they might vote after, and that the said
Evidence conceives the Election for the County of Guilford to be
very unfair.

^ It appears also to your Committee, b}' the Testimony of Landren
Harris, that on the Day of Election there appeared two Parties, the
one in Favour of the sitting Members, the other in Favour of Capt.
Williams. That the Party against Capt. AVilliams signed a List,
which was delivered to a Crj'er, who received their votes according to
the List (except some few, who pressed in, and by curses forced their
way to vote for Capt. Williams). That Capt. Williams produced
also late in the afternoon a List of his Friends, and desired the Cryer
to call them and let them vote, but was refused; and it was then
agreed by the Managers that the People should vote promiscuously

922 COLONIAL RECORDS.

as they came in, without heiug called, whicli Agreement was made
against Capt. Williams' consent.

It further appears to your Committee, that the Petition to us
referred, and supported hy Capt. Williams, was subscribed in part
by Capt. Williams, with -the assent of such Petitioners; and that'
upon the said Capt. Williams being told that such Proceedings
would have a bad face of appearance, he, Williams, replied to the
Evidence sworn before your Committee, that he wrote veiy like the
Persons themselves, and that in many other Parts of the Subscrip-
tion to the said Petition it appears that a Number of Names were
subscribed by one and the same handwriting. That Capt. Williams
had endeavoured to have an undue Influence before the Election on
the Electors, by attending at different meetings of the People, aird
giving Treats to the amount of 20 or 30s.

It also a})pears to your Committee that no undue Influence was,
before or at the Day of Election, made use of by the members
returned, but that in every respect thej' conducted themselves orderly,
and that during the Election there was no Riot or disorderly
Behaviour in the Electois, and that the Poll was kept open till late
at night.

Your Committee further report, by the Testimony of Mr Bethell,
that a certain Charles Gilly (who was a householder, but had
removed Ids Family to his Fatliers, when he went on the Expedi-
tion against the Indians under General Rutherford) was refused his
vote by the managers, because ho had not remo\'ed his Family
Home again ; and also that several others were refused their votes
because they had not been houseliolders six months.

Therefore _your committee are of opinion that the members
returned are duly elected, and that the Petition should be rejected,
all of which is humbly submitted to the consideration of the Congress.

W" HAYWOOD, Chair.

The House taking the said Report into consideration, concurred
therewith.

The Congress adjourned till tomorrow morning 10 o'clock.

Saturday, Novendjcr 10"', 177G. ' •

Met according to sdjournment.

Mr John Rice one of the Members for tlie County of Wake
appeared.

COLONIAL RECORDS. D^:!

Resolved, That Mr Harnett, General Ashe, Mr Edward Salter,
Mr Skinner, Mr Neale, Mr Burgess, Mr Benbury, Mr Easton, and Mr
Haywood, be a Committee of Ways and Means to supply this State
with the article of Salt.

Resolved, That the Freeholders in the County of Currituck meet
at the Court House in said County on the 28"' Instant then and
there to elect a Delegate to sit and vote in this present Congress, in
stead of Samuel Jarvis, whose seat is vacated by his holding an
appointment on the Provincial Establishment at the time of his
election ; and that the candidates or a majority of them, shall
appoint a Clerk and Inspectors to take the Poll, and make Return
thereof; and that Mr .John Stanlv, Clerk of the late Committee of
said County, advertise the said Election.

Read the Petition of Asa Tiner, complaining of great Injuries
done him by John Huff and a certain Hunt, praying to be
relieved, &c.

Ordered, The same be referred to the Committee of Inquiry.

Mr Edward Starkey, one of the members for the County of
Onslow, and Mr Brice Williams, one of the members for the County
of Carteret, appeared.

Ordered, That Mr Avery be added to the Committee for con-
sidering the raising, and cpntinuing in service Comipanies of Ran-
gers, for the Protection and Defence of the Frontiers of this State.

Mr President laid before the Plouse a Letter from Col. Nash, of
the first Regiment, respecting Lead and Prisoners.

Ordered, To lie for consideration.

Ordered, That tlie Quarter master receive into his Possession the
Packages and clothes etc, sent from PhiladeljJiia for the use of the
army, and pay the Waggoners the Ballance of their Wages for
driving four Waggons to Halifax.

^ Ordered, That the Horses now come from Philadelpliia in Wag-
gons, with Packages and clotlies for the use of the Army, be sold
on Monday next, and that the Quarter master take charge of said
Horses till that day.

Ordered, That General Person and ^Ir Sharpe be added to the
Committee on Claims.

Ordered, That Mr Avery be added to the Committee to lake
into consideration .the Expediency of raising and continuing in Ser-
vice, Companies of Rangers, for the Protection and Defence of the
Frontiers of this State.

The Congress Adjourned till Monday Morning 10 o'clock.

924 COLONIAL RECORDS.

Moiiflay, Xoveniber 1S'\ 177G.

Met according to Adjournment.

Mr William Brown, ths Memljer fnini I5ath Town; ^Ir .John
Stevens and Mr Alexander Averyt, two of the. members for the
County of Johnston ; Mr William Graham, Mv .Joseph Hardin, Mr*
Robert Abernathy, aud Mr John Barber, four of the members for
the County of Tr3'on ; Mr Asiah Hogan, one of the members for the
county of Chatham, and .Mr .James Ivenan, one of tlie members for
the county of Duplin, apjieared, .subscribed the Test, and took their
seats in Congress. Mr Whitmill Hill, one of the members for the
county of Martin, appeared.

Mr President laid l)cfore the House a Letter from the Hon. John
Rutledge, Esquire, President of South Carolina, soliciting! aid of
men from this for the Defence of that State.

On motion. Re olved. That General Jones, General Ashe, Mr
Maclaine, Mr. Harnett, General I^erson, Gensral Rutherford, Mr
Hewes, ilr Nash, and Mr Whitmill Hill, be a Committee to take
into consideration the aid of men solicited by South Carolina from
this State, and make Report thereon To-morrow morning.

Ordered, That the Paymaster of the Continental Troops of this
Province be directed to attend this Congress without delay.

Mr President laid before the House a JjCtter from Hon John Rut-
ledge, Esquire, President of South Carolina, requesting permission
for tlie Officers of that to recruit men in this State.

Ordered, the same be referred to the committee to take into con-
sideration the aid of men solicited b}' South Carolina from this
State.

Ordered, That Mr M'hitmill Hill and !\Ir. Coor be added to the
Committee to form a Constitution, ifec.

Mr Thomas Robeson, Mr Thomas Owens, Mr Thomas Ami.s and
Mr James Council, four of the members for the County of Bladen,
appeared.

Ordered, That Mr. Hardin be added to the Committee to take
into consideration the I<]xpediency of raising, and continuing in ser-
vice, companies of Rangers, for the Protection and Defence of the
Frontiers of this Province.

The Congress adjourned till tomorrow morning 10 o'clock.

Tuesday, November l!l"', 177<i. '
Met according to adjnuriinuid.

COLONIAL RECORDS. 925

Mr Tlicmas Hunter, one of the members for Martin County; Mr
James Saunders, one of the members for Orange County; Mr George
Evans and Mr Benjamin ]\La}',-two of the members for the county of
^Pitt; Mr Robert Rowan, Afr Pliilip Alston, Mr William Rand, and
Mr Robert Cobb, four of the members for Cumberland County,
appeared and took their seats.

Resolved, That John Bradford and Philemon Hawkins, for the
District of Halifax; Luke Sumner and Robert Sumner for the Dis-
trict of Edenton; .James Coor and Edward Salter, for the District of
Newbern; Archibald Maclaine and Samuel Ashe, for the District of
Wilmington; General Person and John Atkinson, for the District of
Hillsborough; Robert Lanier and David Xesbit, for the District of
Salisbury, and Mr Joseph Hewes, for the State, be a Committee to
settle the civil accounts of this State.

Mr President laid before the House several Letters from ^Mlliam
Hooper, Esquire, inclosing sundry Resolutions of the Continental
Congress, and a Petition froui a number of Prisoners sent from this
State, confined in Philadelphia Gaol.

Ordered, Tiie said Letters, Resolutions and Petition lie for consid-
eration till Thursday next.

Read the Petition of John King, of Onslow County, pr.iying to be
heard, and reinstated Ca})tain in the Independent Company, sta-
tioned at Deep Inlet, &c.

Ordered, The said Petition be referred to a Committee to consist
of five Members viz.: Mr Hewes, Mr Maclaine, General Jones, Gen-
eral Person and Mr Nash. "*

Read the Petition of some of the Freeholders of Bertie County,
complaining of an iindue Election in said County, praying to be
relieved, &c. ~

Ordered, The said Petition be referred to the Committee of Privi-
leges and Elections.

Ordered, That the Deputy Quartermaster General send to Head-
quarters the Packages and Clothing now sent from Philadelphia to
this State, and deliver the same to the Commissary of Stores.

Ordered, That Mr Willie Jones pay into the Hands of the Treas-
urer £1000 which he received from the Treasurer on account of a
Treaty with the Southern Indians.

Ordered, That Mr Horn be added to the Committee of Inquiry.

Mr Willie Jones moved that a Petition, laid before the Council of
Safety in August last, from the settlers of Watauga, and Distriet of

926 COLONIAL RECORDS.

Washington, praying to be annexed to this State, &c., and a Resolu-
tion of said Council on that Petition be read. The same being read
and debated, it was moved and seconded, that the three Persons, who
now attended Congress to represent the settlers in Washington Dis-
trict, might be permitted to subscribe the Test, and take their Seats;
it being objected to, the Question was put, and carried in the affirma-
tive, 153 to 1. A\'hereupon Mr Charles Robeson, j\lr John Carter
and Mr John Haile, three of the Delegates from Watauga Settle-
ment, and District of Washington, appeared, subscribed the Test,
and took their seats in Congress accordingly.

The Congress adjourned till To-morrow morning.

Wednesday, November •2()"', ITTG.

Met according to Adjournment.

Capt. Joshua Hampstead, commander of the Provincial armed
Brig, Pennnijlvania Farmer, came to the Bar of the House to answer
to a charge exhibited against him from the Town of Newbern ; and
after reading sundry Depositions, and hearing all the Proofs against
him which were offered, and also having heard the .said Hampstead
in his Defence, it was moved that he should be censured from the
Chair. The Question was put, and

Resolved, That Capt. PLamp.stead shall riot receive the censure of
this House, and that he be dismissed from further attendance thereon.

Resolved, That the Commissary of Stores furnish the Commis-
sioners of the Provincial armed Brig Pciiu^nlraii'm Funiicr, at New
Bern, with a sufficient quantity of Duck to make a mainsail for
said vessel and that the Commissioners of said vessel furnish her
immediately with Provisions, and such other articles as may be
necessary, to enable her to proceed innnediately upim her inlendi'd
Cruize.

Resolved, That James Hogan Esijuire, he and he is hereby
ap[)ointcd by tliis House to administer Oaths, during tlie sifting of
Congres.s.

This House being informed that Col. Henry Irwin, in the settle-
ment of his accounts with the Public last Congress had made sun-
dry erroneous charges therein.

Ordered, that lie appear l)efure the Congress the 29'" nf this
Instant, to adjust and explain tlie same; and that Mr Daniel South-
erland, Mr Robert Bignal, Mr Edward Hall and Mr Henry liart,

COLONIAL RECORDS. 927

also appear before this Congress, as evidences to support the charge
exhibited against Mr Irwin on the aforesaid l;'9"' Instant.

Mr John Johnston, one of the members for the county uf Bertie,
appeared.

John (_!rin(kn-, wlio was bound ov^r to appear before this Congress,
being at the Bar, and desiring to be heard,

Ordered, That his Bond be referred to the Committee of Inquiry,

and that lie attend thereon, and that the petition of Fields

be also rcfen-ed to the said Committee.

Resolved, That Mr Luke Sumner, Mr Noah Hinton and Mr
Lewis Dupree, be a Committee to enquire into the Quantity and
Quality of a Lead mine, supposed to be in the County of Halifax,
on the lands of .John Williams and Francis Ward, and make report
to this Congress.

Mr David Love, one of the members for An.son County, and Mr
Isham Browder, and Ralph Gorrel, two of the members for Guilford
County, appeared.

The House being informed that a negro fellow now confined in
Halifax Gaol, is, the property of a John Thompson, in Dunmore's
Fleet,

Ordered, That Col. Willis Alston clothe the said negro, and .send
him to the Iron Works.

The Congress adjourned till tomorrow morning 10 o'clock.

Thursday, November '21", 1776.

Met according to Adjournment.

Mr Charles Bruce and ]\Ir Ralph Gorrell, two of the nuinbers for
liuihbrd County, appeared.

Resolved, That General Person, Mr Irwin, Mr Bradford, Mr Nes-
bit and Mr Willie Jones, be a Committee to re-examine the accounts
of Col. Nicholas Long, rendered to last Congress at Halifax.

It being moved and seconded, that the House take into consider-
ation the Expediency of continuing or disbanding the militia at
Cross Creek, under the command of Colonel Folsome, and the inde-
penilent companies stationed on the sea coast of this State,

Resolved, That all the militia stationed at Cross Creek, whether
they be foot or horse, under the command of Col. Ebenezer Folsome
be hencofortli di.sbanded and discharged from the pay of this State.

Resolved that the two Southern independent companies stationed
on the Sea Coast, under the command of Capt. Silby Harvey and

928 COLONIAL RECORDS.

Capt. "William rurviance, lie henceforth di:sbanded, and discharged
from tlie Pay of this State.

Mr. Harnett, from the Committee appointed to take into Consid-
eration the Aid of men solicited by South Carolina from tliis State,
reported that the said committee had proceeded to examine into the
Propriety of sucii Proposals, and came to the following Resolutions,
to wit :

Resolved, That it is the Opinion of your Committee, that as the
People of North Carolina are verj' numerous, as the Defence of South
Carolina is of the last Importance to the Well Ix'ing of the United
States, and as the Soldiers proposed to be enlisted will be on the
Continental Establishment, and consequently liable to be called to
the Defence of any particular State, that tlie OlBcers of South Caro-
lina liave Leave to raise sudi number of men in the State as shall
be willing to enlist witli them : Provided always, That neither the
Officers from Soutii Carolina, nor any other Otticers whatever, shall
be permitted to enlist any Soldier or Soldiers in the Continental
Army, or the Service of this State, nor any Mariner or ^Mariners
employed on Board of any Ship of War in this State (even though
the Time of his or their Inlistment should be expired), nor any
Servant or Apprentice, without Leave of his Master or Mistress,
unless such Soldier or Soldiers, Mariner or Planners, Servants' or
Apprentices, first produce a Certificate of his or their Discharge.

Resolved, That it is highly probable the Town and Fortifications
of Charlestown, in South Carolina, will be attacked this Winter,
when the Rigour of the Season prevents the Enemy from [lursuing
their military Operations in the more Northern States; and as the
State of South Carolina cannot within itself raise a sufficient num-
ber of men for the Defence of their numerous Fortifications, as they
are burthened with a numerous internal Enemy, and as they are
Part, and a very important Part, of the great American Union, and
their Fate, intimately and immediately connected with ours; your
Committee are of opinion, that agreeable to the Rec|uest of the
President and Council of that State, made known by Mr Chief Jus-
tice Drayton, that a Brigade of the Militia, consisting of two Bat-
talions, be immediately raised as A'olunteers, in such Parts of this
State as they can most readily be procui'ed, and by such Officers as
have the greatest Influence amongst the People.

That they be commanded by a Brigadier Cieneral, and be contin-
ued in the Pay of South Carolina from the time of the Rendezvous

COLONIAL RECORDS. 929

of each compaiij' until they return Home, for which Purpose they
may depart from Charlestown at or upon the last Day of tlie month
of March next, but may be sooner discharged, if that State shall
judge it necessary.

Tliat from the time of their March, until their Arrival at Charles-
town, they shall be supplied with Rations at lUd. this Currency each
Ration per Day, by a Commissary or Commissaries from this State,
and with Waggons for the Carriage of their Provisions, Baggage
and other necessaries, agreeable to the Regulations of the last Con-
gress, and all other reasonable Expences attending their March to
and from the State of South Carolina. That on their arrival in
Charlestown, and during their Stay in that State, and on their
return Home, they be supplied with Rations by a Commissary
appointed by the State of South Carolina.

That during their stay in the Service of South Carolina, they be
under the same Rules and Regulations, and receive the same pa}^ as
the Militia in that State. That each Battalion consist of one
Colonel, one Lieutenant Colonel, one Major, one Adjutant, eight
Captains, sixteen Lieutenants, eight Ensigns, one Serjeant Major,
one Drum Major, thirty-two Serjeants, thirty -two Corporals, sixteen
Drummers, eight P'ifers, a Quarter Master, seven hundred and fifty
Rank and file, and a Brigade ]\lajor to the whole.

The House taking the said h'eport into consideration,

Resolved, Tliat the Plouse do concur iherewitli.

The Congress adjourned till To-morrow morning 10 o'clock.

Friday, November 22'', 177G.

Met according to adjournment.

Ordered, That .Joseph Ford attend the Llouse with money he
received of .John Bates, now confined in I^alifax Gaol.

Ordered, That Daniel Gwin, of Edgecomb County, be sent for in
custody to appear before this House, charged with passing counter-
feit money; and that Solomon Nettle, William Copes, and James
Bogner, also appear before the House, to support the charge against
the .said Daniel Gwin; and that Henry Horn, Jun., be a, pointed to
see this order carried into execution.

On motion. Ordered, Tliat Mr Luke Sumner, Mr Seawell, and Mr
Hinton, be a Committee to Inquire into the state of the Gun Manu-
facture in the District of Halifax, and make Report thereon.

VOL. X — 59

930 COLONIAL RECORDS.

James Terry appeared before the House, charged by the Commit-
tee of Anson CouHty with Expressions inimical to the cause of
Liberty ; and several Depositions for and against him being read, an
Oath was offered to him, in order to repeat and subscribe, but begged
Leave to withdraw and consider of it, which was granted, and
Ordered, That he appear again To-morrow before this Congress.

Resolved, That IMr Seawell, Mr Rogers and Mr Sharpe be a
Committee to take under consideration a Letter from Cliatham
County directed to Mr Birdsong complaining of some Violences
lately committed in that county, and make Report thereon.

Ordered, That Mr Wynn have Leave of Absence from this Con-
gress, Mr William "Williams until Tuesday next, Mr Smitliwick until
Tuesday next.

Congress adjourned until To-morrow morning 10 o'clock.

Saturday, November 23"*, 177G.

Met according lo adjournment.

Resolved, That it be recommended to General Moore, or the com-
manding officer for the time being in this State, to appoint a Secre-
tary, and that this Congress recommend it to the Continental Con-
gress to make provisions for such appoinraent.

Mr .John ^PCabe, one of the members for the county of Orange,
appeared.

Mr Nathaniel Rochester, Deputy Commissary General of iMilitary
Stores, came into Congres.s, and desired to re-sign his appointment;
the same being granted.

Resolved, That Mr Thomas Craick be appointed Deputy Commis-
sarj' General of Military and other Stores in this Colony, for the use
of the Continental Army, and that he be allowed the same allow-
ance as i)rovided by the Continental Congress for such Officer, and
that he give Security in £20,000 for the faithful Discharge of tlie
Trust reposed in him.

Read the Petition of the Chairman and Connnittee of Oi-angc
<V)uuty, in lielialf of Enocli Bradley, respecting his b'eleasement,

Ordered, To be referred to the Committee of Inquiry.

Read the Petition of a number of Inhabitants of Cumberland
County, charging Col. Ebene/.er Folsome with sundry misdemeanor.s^
j)raying to be relieved in the premises.

The House, taking the same into consideration,

COLONIAL RECORDS. 931

Resolved, That the said Col. Ebenezer Folsome be directed to
appear before this Congress on the 4"" day of December next, to
answer to the charges exhibited against him in said Petition; and

that Francis Smith, Robert Philips, Joseph Edwards, Adkins,

Francis Falkner, Richard Gest, Charles Stewart, Charles Akins,
William Robertson, Mark Myat, John Smith, Adament Liverman
and Alexander Avery be also summoned to attend the Congress on
the said 4"' day of December next, as witnesses to support the said
charge, and that Mr. Richard Gest be appointed to see this Order
carried into execution.

Resolved, That Col. Ebenezer Folsome summon such persons as he
shall think nece.s.sary in justification of his conduct.

Mr Robert Lanier, Mr William Hall and Mr Charles Gordon,
three of the members for Surry County, appeared.

The Chairman of the Committee for enquiring into Col. Long's
Accounts passed last Congress, reported as follows, viz. : That on a
careful examination of said Accounts, they find no improper allow-
ance therein, and that the allegations against Col. Long, relative to
the unfairness of his accounts, are totally groundless; and further
they find the sum of £37 14s. for pork due John Moore, delivered to
Col. L'win at Tarborough, for which Col. Long has lodged the
"\'^oucher.

The House takuig the said Report into consideration, concurred
tlierewith.

The House taking into consideration the Appointment of a Briga-
dier General, to command the Brigade and Ofiicers of the two
Battalions of Volunteers directed to be raised for the aid of the
State of South Carolina, canae to the following Resolutions, to wit:

R&solved, That Allen .Jones, Esc'., Brigadier General, be appointed
to the command of the said Brigade. '

Resolved, Tliat Abraham Siieppard be appointed Colonel of the
first Battalion.

Resolved, That Fraucis Lock be appointed Colonel of the second
Battalion.

Resolved, That Peter Dauge be appointed Lieutenant Colonel of
the first Battalion.

Resolved that John Pfifer be appointed Lieutenant Colonel of the
second Battalion.

Resolved, That Samuel Weldon be appointed Major of the first
Battalion.

932 COLONIAL RECORDS.

Resolved, That John Atkinson be appointed Major of the second
Battalion.

Resolved, That the Brigade destined to the State of South Caro-
lina, shall be deemed a part of the Militia of this State.

Read the petition of Temp Snead, praying that her husband, now
a pri.soner from this State in Virginia, be discliarged from his con-
finement.

Ordered, To be referred to the Committee of Inquiry.

Ordered, That Mr Jolm Barrow have leave to absent himscH' from
the service of the House during tlie sitting of this Congress.

James Terry came before the House pursuant to Order, repeated
and subscribed an Oath to this State, and was discharged from
further attendance thereon.

George Micklejohn, who was on parole in Perquimans County, pur-
suant to an Order issued from this Congress, appeared. lie being
examined, repeated and subscribed an Oath to the State, whereupon
he was discharged.

Ordered, That Mr Atkinson have leave to absent himself from
the service of the Congress till Wednesday next.

The Chairman from the Committee of Privileges and Elections
reported as follows, viz. :

Your Committee find that a number of the Inhabitants of tlie
County of Ovange have petitioned to have a new Election for their
county to represent them in the present sitting Congress, and give
as a reason tliat they are not represented by the men returnod ibr
tlieir Delegates.

Your Committee having called on sundry Persons as Evidences
concerning the said Election, find that on the 13"' Day of October
last, a very great number of the Inliabitants of Orange appeared at
the t'ourt house of the said County, in order to give in their suf-
frages for members to sit in this Congress — that the People pressed
into the house in such numbers to vote, tliat the Clerks could
not write down tlieir names. That l)y everything that could be said
to them they still continued in a tumultuous and disorderly manner,
and that the Election was adjourned three several Times by Orders
of the Candidates, and opened again, and tliat an hour and a half
before sunset the Candidates and Chirks were, by reas.ai of the
Tumult, obliged to leave the court house, and after that no Inspec-
tor or clerk what.soever attended to receive their votes until Sun.set,
when the Poll was closed; and that the Deponents do not think one

COLONIAL RECORDS.

fourth of the Lihubitants gave in their votes for Delegates as afore-
luentipned.

Your Committee further report that from every circumstance it
doth not appear there was any violence or bodil}^ Injury offered to
any person whatever, but that the Tumult and disorderly Behaviour
was occasioned by People over anxious to get into the Court-house
to vote. /

Your Committee further report, that Col. John Butler, the Com-
manding Officer of the Southern Battalion of Orange County, at a
General Muster, recommended it to the People, while under arms,
that it was incumbent on all of them that were dissatisfied with the
former Election, to immediately^ petition this Congress for a new
one, alledging it to be their concern and not his.

Therefore it is the Opinion of your Committee, the sitting mem-
bers for Orange County retain their seats, and that the Petition be
rejected ; all of which is humbly .submitted to the House.

The House taking the said Report into consideration concurred
therewith.

The House adjourned till Monday morning 10 o'clock.

Monday, November 25'", 1776.

Met according to adjournment. ^

The Chairman of the Committee to whom was referred the con-
sideration of a Letter from Chatham County, reported as follows:

That it appears to your Committee, from the' testimony of Joseph
Moore, that some time in August last, the said Joseph Moore had
his Horse shot in his Plough, as he suspected, by Hugh Patton;
that about ten days after, he and Simon Tyrrel came to the house
of the said Moore armed with a rifle gun, pistol and dirk, and
ordered the People out of said Moore's shop, which being cleared,
presented his, gun at said Moore's breast, and told him he understood
that the said INIoore had offered five pounds for him, which he
demanded in hard money for he would not have the damned Con-
gress counterfeit; the said Moore said he had no money, on which
the said Tyrrel said that could not be, for he made Twenty shillings
each day ; upon which the said Joseph Moore borrowed of John
Moore Five Pounds in hard money, which he delivered to the said
Hugh Patton, who then ordered him to go down on his knees and
thank him for what he had done, with which he complied. He then
called for a Bible, on which he compelled the said Joseph Moore to

934 COLONIAL RECORDS.

swear never afterwards to ask more than Twenty Shillings for a
"\^'heel, and ordered Tyrrel to lay his hand on the Bible and swear
that he would go and inform the light Horse what he the said
Hugh Patton had done.

That it also apjsears to your Committee, from the Testimony of
John Moore, that after this the said Joseph and John Moore pro-
vided themselves with two Guns in order, if possible, to defend
themselves in case the said Patton and Tyrrel should attempt to
treat them in like manner.

That about the last of October past the said Hugh Patton, Jesse
Beverly, John Beverly, Morgan Morgan, came to the shop of the
said Joseph Moore armed, and with their Guns presented attlie said
John Moore's Breast demanded of him his (juns and Ammunitions,
which he delivered, on wJiich the said Hugh Patton ordered the said
John Moore to remove himself some Distance from the House, until
he gave him Thirty nine Lashes;- the said Moore advancing towards
Beverly, to intercede with him to prevent his promised A\'hipj)ing,
he the said Beverly presented his Gun and told him if he stirred he
would kill him. Hugh Patton then demanded him to deliver his
money, which lie did, amounting to £(j, los., Gd., which the said
Patton received, and then ordered Breakfast ; when they eat, and
drank a Bottle of Brandy, which they found in the House, they
departed towards Simon Tyrrel's.

Tliat it also ajjpears, from the Testimony of Simon Tyrrel, tliat
the same morning that Hugh Patton, John and Jesse Beverly, and
Morgan Morgan robbed John Moore, they came to the House of the
said Tyrrel armed with six Guns, and Informed the said Tyrrel that
th'ey had taken two Guns from John Moore for the King, and £G'
15s. 6d. Part of the £20 which he understood John Moore had
offered for him, and that they would visit old Lyons for riding Light
Horse after them. That after a few Hours' Absence, they returned
with said Lyons before Hugh Patton; they then hauled the said
Lyons oif the Horse, and ordered him on his knees to say his
Prayers, which he refused, on which the said Hugh Patton gave
him several Blows, then ordered a number of Hickory Switches, and
with one whipped the said Lyons severely, after which tluy ordered
him to strip, which being done, they discharged him.

That on the same Day they stopped a cart, the Property of John
Moore, and took from thence a Horse, and carried oil'.

COLONIAL RECORDS. 935

That from the Information of Mr Wall it appears that a certain
George Henry complained on Oath to him, that on Sunday Evening
the 10"" Instant he was robbed of two Guns by a Party of 20 or 30
armed men, some of whose Faces were blacked, and others with
Plandkerchiefs tied over them. That the said George Henry, from
their Voices, and other circumstances, was induced to believe that
David Jackson, Howell Bruie, Sen., Howell Bruie, Jun., John Wil-
son, Sen., and Kichard Lane were of the Party in Disguise.

That it further appears to your committee, from Letters and other
Information, tliat a number of other j^ersons in the counties of Chat-
ham and Guilford, are, and have been for some time past, arrayed in
arms, and are daily committing outrages and depredations on the
persons and properties of the inhabitants of said counties.

Therefore it is the opinion of your Committee, that a company of
Light Horse be immediately raised in the District of Halifax under
the command of vigilant and prudent officers, and directed to
repair to the said counties in the most secret and expeditious man-
ner, to execute such orders as the Congress maj'^ think proper to
take thereon, all of which is humldy submitted to the House.

W" SHARPE, Chair.

The House taking the said report into consideration, concurred
therewith.

Resolved, That jMr Willie Jones, Mr Sharpe, Mr Ramsej', Mr
Miles Harvey and General Rutherford, be appointed a committee
to draw up instructions for tlie officers appointed to command a
party of Light Horse, ordered in j^ursuit of certain disaffected per-
sons in Chatham County.

Resolved, That a reward of £iOO Proc. IMoney, be given by this
state to such person or persons, not in the service of the State, who
shall apprehend, and secure in Halifax Gaol, the persons of Hugh
Patton and David Jackson, of Chatham County, or in proportion
for either of them.

Resolved, That a reward of £lOO Proc. Monty, be given by this
State to such person or persons, in the service of the State, who
shall apprehend, and secure in Halifax Gaol, the aforesaid Hugh
Patton and David Jackson, or in proportion for either of them.

Resolved, That Genei-al Ashe, Mr Rowan, Mr Amis, Mr Owen,
Mr Thomas Robinson, Mr Brown, Mr Willie Jones, j\Ir Slaclaine,
Mr Council and Mr Thomas Grav, be a committee to consider of

93G COLONIAL RECORDS.

Ways and Means for apprehending & bringing to justice the Tories
in Bladen County.

Read the petition of Windsor Pearce, complaining of sundry
violences done him by David Jackson, jiraying relief, which was

Ordered, To be referred to the Committee of Inquiry.

Resolved, That Mr Asael Simmons be appointed commissar}' and
I5aymaster to the independent company stationed on the sea coast
between Currituck and Ocracock Inlets, in the room and stead of
Mr Samuel Jarvis, who has resigned, with leave of this Congress.

Mr Michael Rogers moved for leave to absent himself from the
service of the House for 8 days, which was granted.

Mr Thomas Harvey, one of the Delegates for the County of Per-
C|uimons, appeared, subscribed the Test, and took his seat in
Congress.

]\Ir President laid before the House Letters from ^^'illiam Hooper,
Esq., one of the Delegates in the Continental Congress from this
State, inclosing a Petition from .John Smith, of An.son County, a
Prisoner sent from this State to Philadelphia, iiraying to be di.s-
charged from his confinement.

Ordered to be referred to the Committee of Inquiry.

The House taking into further consideration the appointment of
Officers to the two Battalions of "\''olunteers directed to be raised for
the aid of the State of South Carolina, came to the following Reso-
lutions, viz. :

Resolved, That the following Persons be appointed Captains,
Lieutenants, and Ensigns, to the aforesaid two Battalions, to-wit:

First Battalion — Gresham Coffield, of Edgecombe, Captain; Jos.
Pearce, of Halifax, First Lieutenant; Joel Champion, of Edgecombe,
Second Lieutenant ; Simon Lee, Edgecombe, Ensign. Patrick Stew-
art, Bladen, Captain; Thomas Mulford, Bladen, First Lieutenant:
David Evans, Cumberland, Second Lieutenant; Joseph Wiiite,
Bladen, Ensign. James Gillispie, Duplin, Captain ; Hardy Holmes,
Duplin, First liieutenant; John Beck, Jun"', Duplin, Second Lieu-
tenant; Hillary Hooks, Dujilin, Ensign. Abraham Shcppard, Jun'',
Dobbs, Captain; Tliomas Coleman, Hertford, First Lieutenant;
James Edmonson, Dobbs, Second Lieutenant; W'ilHam Sheppard,
Dobbs, Ensign. Thomas Devane, Jun', New Hanover, Captain;
John Chamjiion, Halifax, First Lieutenant;' John Lambert, Onslow,
Second Lieutenant; Solomon Cooper, Dobbs, Ensign. Andrew

COLONIAL RECORDS. 937

Veno_y, Orange, (/aptain ; James Wilson, Orange, First Lieutenant ;
Matthew ALCauley, Orange, Second Lieutenant; John Roper,
Orange, Ensign. Robert Peoples, Northam})ton, I'aptain ; Benja-
min Jordan, J", Northampton ; First Lieutenant ; John Low, North-
ampton, Second Lieutenant; John Taner, Northampton, Ensign.
"Waddy Tate, Guilford, Captain; John Davis, Orange, First Lieu-
tenant; Jeremiah Poston, Orange, Second Lieutenant; John Old-
ham, Orange, Ensign.

Second Battalion — ^^'illiam Picket, Captain ; William Love, First
Lieutenant; Y\"il]iam Mask, Second Lieutenant; William Gainer,
Jun., Ensign. David Caldwell, Captain; Peter Hendrick, First
Lieutenant; Alexander Neely, Second Lieutenant: James INPWhor-
ter. Ensign. Joseph Dickson, Captain , James White, First Lieuten-
ant; Francis Cunningham, Second Lieutenant ; Evan Davis, Ensign.
James Jack, Captain ; William Alexander, First Lieutenant; Zach-
eus Wilson, Second Lieutenant; W^illiam Ramsey, Ensign. John
M^Cree, Captain ; William Berryhill, First Lieutenant ; Peter Burns,
Second Lieutenant; James Thompson, Ensign. Joseph Harden,
Captain ; .James Miller, First Lieutenant ; James Holland, Second
Lieutenant; Peter Sites, Ensign. Robert Bell, Captain; James
Campbell, Jun., First Lieutenant; Joshua Young, Second Lieuten-
ant; James Dogan, Ensign. Benjamin Cleveland, Captain; William
Lanier, First Lieutenant; William Gray, Second Lieutenant; Eli.sha
Heddy, Ensign.

^Ir President laid before the House a Letter from Brigadier Gen-
eral Llowe, covering a Parole of sundry Prisoners sent from the
State of South Carolina to Salisbury, in this State, Avhich was read.

Ordered, That the same lie for consideration.

Resolved, That Mr Nathan' Rochester, late Commissary of Stores,
deliver over into the hands of the present Commissary all the stores
and money now in his possession belonging to this State, he first
entering into Bond with security, in the sum of j£20,000 Proc. money,
for the true and faithful discharge of the Trust reposed in him.

Ordered, That Mr Lemuel Sawyer have leave to absent himself
from the service of this House.

Resolved, That Mr Hewes, Mr Harnett, and Mr Maclaine, be
appointed a committee to take into consideration the Petition of
Dempsey Burgess and Charles Grandy, and make report to this
House.

938 COLONIAL RECORDS.

Resolved, That Mr Graham, Mr Alexander, Mr Sharpe, Mr Wade,
Mr W. Avery and Mr Lewis, be appointed a committee to examine
into the state of the Iron Works in Chatham county, and make
Report thereof.

The Congress adjo.urned till tomorrow morning 10 o'clock.

Tuesday, November '2G"', 1776. v

Met according to adjournment.

Mr President laid before tlie House a Letter from the President of
the Continental Congress, containing an account of a large Fleet's
sailing from Red Hook, supposed to be destined to the southward,
which was read. The Hou,-e considering tlie same,

Resolved, Tliat it be recommended to General iMoore immediately
to collect and hold in Readiness the Troops under his command, to
march on the earliest notice to such place as'the service may require,
and tliat tlie Letters now before the House from the President of
the Continental Congress and the Governor of the State of Virginia,
be transmitted to General Moore.

Resolved, That the Treasurers, or either of them, be directed to
pay into the hands of each of the Colonels of the two Battalions of
Volunteers directed to be raised for the aid of South Carolina, one
month's pay of such Officers and pi ivates, they first entering into
Bond, with sufficient security, to account for the same to the State of
South Carolina, and tliat the said Treasurers be allowed the .'^ame in
the settlement of their accounts with the public.

Resolved, That for the future one or other of the Treasurers shall
l^ay the Captain of the Guard at the Magazine in the Town of Plalifax,
from time to time, such sums as shall appear to be due, upon the
Captain's producing a pay roll, sworn to and signed by him.self, and
countersigned by the Colonel of the County.

Resolved, That Mr Jesse Cobb be appointed a Commissary to
the first Battalion of Volunteers directed to be raised in this State
for tlie Aid of South Carolina, that he enter into bond, with security,
in the sum of X10,000 to account for all monies received by him from
the Treasurers; and that the Treasurers, or either of them, pay into
the hands of the said Commis.sary one month's pay of I'ations for
the Officers and privates, and lie allowed in their accounts with the
public.

Resolved, That Mr Ilezekiah Alexander and Mr William Sharpe
be iippointed Commissaries to tlic second Battalion of ^'oluntecrs

COLONIAL RECORDS. 939

directed to be raised by tliis State for the Aid of South Carolina ;
that they enter into bond, with security, in the sum of £! 0,000 to
account for all monies received by them from the Treasurers; and
that tlie Trejisurers, or either of them, pay into the hands of the
said Commissaries one month's pay of rations for the Officers and
soldiers, and be allowed in their accounts with the public.

Mr Samuel Richardson of Bladen County (Brother of Nathaniel
Richardson, lately deceased, v/ho was killed b}' the Tories) surren-
dered himself to Congress for killing John Cairsj', deceased, one of
the said Tories; and upon examining several Gentlemen who was
present at the time the said John Cairsy was killed, it appeared that
the said John Cairsy, when in custody, used provoking language,
and exhibited insulting looks and Gestures, to the widow of tjie said
Nathaniel Richard.son, and that at the time the said John Cair.sy
was killed, and for some time before and afterwards, the said Samuel
Richardson appeared to be unsettled in his mind, and not under the
Government of sound understanding. It is therefore.

Ordered, That the said Samuel Richard.son give bail, in the sum
of £500 for his appearance at the next succeeding Judicature to be
established for taking cognizance of Criminal Matters within the
County of Bladen.

The Chairman of the Committee to consider of Ways and Means
for apprehending and bringing to justice the Tories in Bladen
County, reported as follows, viz. :

Resolved, That as by repeated Experience an armed Force has
hitherto been found ineffectual, and as one of the Tories has already
been taken in consequence of a Reward offered by the Inhabitants
of Bladen County, it be recommended to tlie Congress that the sum
of £100 be offered as a Reward for taking and securing .Joseph
Mercer, and that the sum of £-30 be offered for the taking and
securing each of the following Persons, to wit, Jacob Cairsy,
Ambrose BuUard, James Piercy, William Biggs, and Noah Mercer,
and for this Purpose that a Proclamation be issued immediately,
offering the above Reward to any Person or Persons who shall seize
and secure any of the above named Delinquents, and that by the
said Proclamation all Persons be impowered, in case of the Resist-
ance or Flight of the said Joseph Mercer, Jacob Cair.sy, Ambrose
Bullard, James Piercy, William Biggs, and Noah Mercer, or every
of them, to kill and destroy them, any or every of them, without
any Impeachment for the same.

940 COLONIAL RECORDS.

All which is suhniitted to the consideration of the House

The House taking the said Report into consideration,

Resolved, That the House do concur therewitli.

The Chairman from the Committee appointed to draw up Instruc-
tions for the Officers ap[>ointed to command a Party of Light Horse,
ordered in Pursuit of certain disaflfected Persons in Chatham County,
reported as follows, viz.;

Your Committee appoiiited to consider of the most probable means
of having David Jackson, Hugli Patton and their Accomplices
apprehended, and of preventing the Repetition of such Acts of
Violence as have been lately committed by them, having considered
thereof, are of Opinion that a company of Light Horse, to consist of
1 Captain, 1 Lieutenant, 1 Cornet, and 3i] Privates, ought to be raised
for this service. That the Captain of said Company be impowered
to take the said David .Jackson, Hugh Patton, Jolm and Jesse Bev-
erly, and Morgan Morgan wherever found, and in case of Resistance
or Flight, to kill and destroy them. And tliat the said Captain and
his Company be further impowered to take and apprehend Doctor
Piles and his son John, James Muse, Eli Branson, William Gardner,
George Person, Julius Blalock, and Stephen Macpherson, and all
and ever}^ of their Confederates and the (Confederates and Protectors
of the before mentioned Persons; and that for these Purposes the
Power of pursuing and seizing them, and every of them, be extended
to every part of tiiis State.

That the Captain of said company be autliorized to examine on
oath (to bo administered by himself) any person or persons respect-
ing tlie offenders above mentioned, and those who harbour or coun-
tenance them; and, on sufficient proof, tiiat he have power to seize
the persons of such as may bo charged with harbouring or abetting
tliem, and send them to some safe and convenient Gaol, taking pos-
ses.sion of their ])roperty, and tlie property ^of the persons above
named, for the public, having first inventoried the same.

Your committee are further of ofiinion, that a |iroclamation ought
to issue, impowering any person or persons to take the above men-
tioned David Jackson, Hugh Patton, John and Jesse Beverly and
]\Iorgan Ah^rgan, and in case of resistance or flight, to kill and destroy
tliem.

It appears to your committee that the reward of £30 to the Light
Horse, and of £100 to any other persons, for taking .Tackson and
the like sum for Patton, are essentially necessary; but as to the con-

COLONIAL RECORDS. 941

duct of the Captain of the Light Horse on this occasion, and the
time when he shall be directed to make the aforesaid proclamation
public, we conceive it impossible to give particular instructions,
because he ought to be ruled by circumstances, all which is humbly
submitted by your committee. AVILLIE JONES, Chair.

The House taking into consideration the said rej)ort, concurred
therewith.

Resolved, That the said company of Light Horse be disbanded
by the executive powers, which are or shall be established by this
State, whenever they shall judge it necessary.

The House took into consideration the appointment of OfRcLrs to
command a party of Light Horse ordered out in pursuit of certain
disaffected persons in the western part of this State, came to the fol-
lowing Resolutions, to wit,

Resolved, That Mr James Denton be appointed Captain, Mr John
Twitty, Lieutenant, and Mr Agrippa Nichols, Cornet, of the said
com2:)any of Light Horse.

Resolved, That three additional Battalions be raised in this State,
on the Continental Establishment, and that the following person.s
be aiipointed officers of the said Battalion, viz,

Resolved, That James Hogan, Esq., be appointed Colonel of the
7"' Bat alion.

James Armstrong, Esq., Colonel of the 8"" Battalion.

John Williams, Esq., Colonel of the 9'" Battalion.

The Congress adjourned till tomorrow morning 10 o'clock.

"Wednesday. November 27"\ iTTii.

Met according to adjournment.

The House taking into further consideration the appointment of
officers to the three additional Battalions to be raised in this State
on the Continental Establishment,

Resolved, That Robert Mebane, Esq., l^e appointed Lieutenant
Colonel of the 7'" Battalion.

Resolved, That James Ingram, Esq., be appointed Lieutenant
Colonel of the 8"' Battalion.

Resolved, That John Luttrell, Esq., be appointed Lieutenant
Colonel of the O'" Battalion.

Resolved, That Lot Bruister, Esq., be appointed Major of the v"'
Battalion.

942 COLONIAL RECORDS.

Resolved, That Silby Harney, Esq., be apj)ointed Major of the
8"^ Battalion.

Re.solved, That William Polk, Esq., be ajipointed Major of the
9"' Battalion.

Resolved, That the Captains and other Officers to the three addi-
tional Battalions to be raised on the Continental Establishment, be
nominated by the Districts of this State, and Report the same to the.
House To-morrow Morning.

Ordered, That Mr Thomas Jones and Mr Parker Quince be added
to the Committee to take into consideration the Petition of Dempsey
Burgess and Charles Crandy.

Patrick Stewart, a Captain in the first Battalion to be raised for
the aid of South Carolina, came before the House, being charged
with irregular BehaViour last night at an unseasonable Hour; and
being heard, and Evidences examined, it was Resolved, The said
Stewart be reprimanded from the Chair for such, hi(^ conduct where-
upon he received a Reprimand accordingly, and was ordered to
withdraw.

Resolved, That Mr ^Liclaine,,Mr Rowan, and Mr Willie Jones be
a Committee to take under consideration the comjDlaint of certain
Officers on the Continental Establishment, with Respect to their
Ranks, and make Report to this House.

Resolved, That the Treasui-ers, or either of them, pay into the
Hands of Capt. James Denton, of the Company of Light Horse on
an Expedition to the Western Parts of this Province, the sum of
£100 Proc. Money, to enable him to p;oceed immediately on that
Route, that he account for the same to some future Judicature of
•this State, and that the sa'd Treasurers be allowed the .same in their
Accounts with the Public.

Resolved, That the Treasurers or Paymaster, who shall hereafter
pay money into the Hands of Ca])tains and Subaltern Officers of
the Continental Trooiis in this State, shall require Bond with
Security of the said Officers for the due : pi)lication of the money,
that the same may be proi)erly accounted for.

Resolved, That .Mr George Evans, Mr Whitmill Hill, :\rr Hewes,
Mr Battle, Mr William Williams, JMr Lord, and Mr Irwin, be
appointed a Committee to examine into the State of the Paymaster's
Accounts, and make Report thereof to this House.

Resolved, That WiHiam Goodman be appointed Cajttain in the
4"" Regiment of the Continental Army in this State, in tiic Room of

COLONIAL RECORDS. 943

Roger Moore, resigned ; Patrick M'Gibban}-, Ensign in Capt. Nel-
son's Company, of the 4"" Regiment; Charles Alexander, Second
Lieutenant in Capt. Smith's Company of the 4"' Regiment; David
Jones, Second Lieutenant in Capt. Nelson's Company, of the 4""
Regiment; Alexander Brevard, Ensign in Capt. Smith's Company,
of the 4"" Regiment; Ik'njamin Carter, First Lieutenant in Capt.
Smith's Company, of the 4"^ Regiment.

The Congress adjourned till To-morrow morning 10 o'clock.

Tliursday, November 28'^ 1776.

Met according to adjournment.

Resolved, That Albritton Jones, of Halifax County, was appointed
Fir.st Lieutenant in Cajit. Gresham Coffield's Company, in the first
Battalion of A'olunteers to be raised for the aid of South Carolina
under command of Col. Abraham Sheppard, in the Room of Josiah
Pearce, resigned.

Mr May has Leave of Absence for a few daj's.

Ordered, That the Secretary' of this Congress call on Mr. Dudlej',
Keeper of the Public Magazine, from time to time, for paper for the
use of this House.

Resolved, That the several Captains who have received money
from the Paymaster for the purpose of Recruiting soldiers for the
Continental Army, and in -^vhose hands there remains a balance
due to the public, sliall account for the same witli the Paymaster,
before they shall be entitled to receive a further sum for the pur-
pose aforesaid

Ordered, That Mr Johnston, Mr Hogan, Mr Hunter, Mr Ward,
and .Mr Seawell, have leave of absence till Monday next.

Resolved, That Mr Dickson, Mr Respis, and Mr Starkey, be a
committee to re-examine the Accounts of Mr Ambrose Ramsey, and
make Report thereon.

The Several Districts having returned Lists of the names of the "
(.)fficers to the additional Battalions to be raised on the Continental
Establishment,

Resolved, That tlie following persons be appointed Captains,
Lieutenants and Ensigns, in the .said Battalions, viz.:

Wilmington District — Thomas Nixon, Captain; James Mills,
First Lieutenant; Benjamin Mills, Second Lieutenant; Samuel
Jones, Ensign. I .John Walsh, Captain ; Joseph Rhodes, First Lieu-
tenant; Robert Greer, Second Lieutenant; James Pearl, Ensign.

94-1 COLONIAL RECORDS.

Robert Raiford, Captain; William Singletary, First Lieutenant;
Joseph Lewis, Second Lieutenant; Jacob INIessick, Ensign. Edward
"Ward, Captain; Xatlian Brice Williams, First Lieutenant; William
Godfrey, Second Lieutenant; Peter Carpenter, Ensign.

Halifax District — Henry Dawson, Halifax, Captain; AV^illiam
Noblin,!Halifax, First Lieutenant; Jacob Barrow, Halifax, Second
Lieutenant; Benjamin Bailey, Ensign. Bonnet Wood, Bute, Cap-
tain; JohnSMecon,,Bute, First Lieutenant; Eli Ely, Bute, Second
Lieutenant; James iNjyrick, Bute, Ensign. Green Bell, Edgecombe,
Captain; John Bryant, Jun., Edgecombe, First Lieutenant; Theophi-
lus Coleman, Edgecombe, Second Lieutenant; John Lyncii, Edge-
combe, Ensign. Josiah Cotton, Northampton, Captain; James
Vaughan, Northampton, First Lieutenant; Samuel Barrow, North-
ampton, Second Lieutenant; Elislia Webb, Northampton, Ensign.

Newborn District — Frederick Hargett, Cmven, Captain ; Gideon
Carraway, Craven, First Lieutenant; Michael Quinn, Craven, Second
Lieutenant; John ResjDis, Beaufort, Ensign. Henry Pope, Dobbs,
Captain; Richai'd Respis, Beaufort, Fir.st Lieutenant; John
M°Naughton, Dobtjs, Second Lieutenant; Tliomas Cu.stice, Beaufort,
Ensign. William Gurley, Johnston, Captain; Caleb Foreman,
Hyde, First Lieutenant; Solomon Wood, Johnston, Second Lieu-
tenant; Thomas Bertie, Hyde, Ensign. James May, Jun., Pitt, Cap-
tain; William Dennis, Jun., Carteret, First Lieutenant; Samuel
Chapman, Carteret, Second Lieutenant; James Lanier, Jun., Pitt,
Ensign.

Hillsborough District — Richard Donaldson Cook, Captain; Fran-
cis Ross, First Lieutenant; Charles Yancey, Second Lieutenant;
William Hicks, Ensign. Hezekiah Rice, Captain ; Ralph Williams,
First Lieutenant; Samuel Hart, Second Lieutenant: Robert Moore,
Ensign. Matthew Ramsey, Captain; Joseph Stewart, First Lieuten-
ant; James Carrington, Second J^ieutenant; Joseph Johnston,
Ensign. John Rochell, Ca]itain : Lovick Rochell, First Lieutenant ;
James Daniel, Second Lieutenant; Peter Bruct', Ensign.

Edenton District — Jobn Glaugbon, Captain; Thomus \\'at.sun,
First Lieutenant; James Powers, Second Lieutenant; Rowland Blan-
ton. Ensign. Thomas Brickie, ('ai)tain; Seyth Ea.son, First Lieu-
tenant; Itiehar<l \\'lie(ll)ee, Second Lieuten;ml ; Jet 1 u'o Lasiler, Ensign.
Joseph Walker, Captain; John Baker, First Lieutenant; John Win-
burn, Second Lientemnil; Benjamin Dillon, Ensign. John Pointer,

COLONIAL RECORDS. 945

Captain; William Snowden, First Lieutenant; William Ferrybee,
Second Lieutenant; John Mercer, Ensign.

Salisbury District — Joel Brevard, Captain ; John Brevard, First
Lieutenant; William Neal, Second Lieutenant; John Thomas,
Ensign. Joseph John AVade, Captain ; Morgan Brown, First Lieu-
tenant; West Harris, Second Lieutenant; John Coleman, Ensign.
Michael Henderson, Captain ; Thomas Spratt, First Lieutenant ;
George Russ, Second Lieutenant; John Smith, Ensign. Thomas
McCrary, Captain ; Anthony Sharpe, First Lieutenant ; George Stew-
art, Second Lieutenant; George Pearce, Ensign.

ResoWed, That General Ashe, General Bryan, General Person,
General Rutherford and Mr Willie Jones be appointed a committee
to regiment tlie Officers in the additional Battalions to be raised in
this State.

On motion, That the Report of the Committee of Privileges and
Elections, respecting the last Election in the county of Orange, and
concurred with bj* the House, be reconsidered by this Congress.

Resolved, That the said Report be reconsidered.

The House having reconsidered the said Re[)ort,

Resolved, That a late Resolve of this Congress, concurring with
the Report of the Committee of Privileges and Elections, respecting
the list election in the'county of Orange, be rescinded.

Resolved, That the said election for the county of Orange be set
aside.

Resolved, That Mr Richard Benchan, Mr James Martin, Mr
Archibald Murphy, Mr .John Hogan and Mr John Kelly, or any
two of them, be appointed Commissioners for holding an Election
in the county of Orange, for Delegates to represent the said county
in this present Congress; and that the said commissioners or any
two of them immediately ach'ertise all Freeholders and House-
holders in tlie said county to attend at the Court House in Plills-
borough on the 10"' day of December next, then and there to elect
Delegates to represent them in this present Congress; and that the
said commissioners, or any two of them, be impowered and author-
ized to hold the said Election, and adjourn tlie same from day to
day, not exceeding three days, until all the A'otes shall be taken ;
and in case the said commissioners shall refuse to act.

Resolved, That Persons appointed for this Purpose b}' the Candi-
dates, be impowered and authorized to hold the said Election in
manner aforesaid.

VOL. X — GO •

940 COLONIAL RECORDS.

James Hogaii, Esquire, one of the members of this House, for the
county of HaHfax, having been appointed Colonel of the 7"" Regi-
ment of the Continental Army in this State,

Resolved, That the Freeholders in the County of Halifax meet at
the Court House in said county on the 6"" day of December next,
then and there to elect a Delegate to sit and vote in this present
Congress, in the room and stead of the said James Hogan, whose
Seat is vacated by the aforesaid appointment; and Guilford Dudley
and William AVooten, or either of them, advertise the said election,
take the Poll, and make Return of the same.

James Ingram, Esq., one of the members of this House for the
County of Northampton, having been appointed Lieutenant Colonel
of the S"" Regiment of the Continental Army in this State,

Resolved, That the Freeholders in the County of Northampton
meet at the Court House in said County oa the (>"' Day of December
next, then and there to elect a Delegate to sit and vote in this
present Congress, in the Room and stead of the said James Ingram,
vvho.se seat is vacated by the aforesaid appointment; and that the
Clerk of the Committee of the said County advertise the said Elec-
tion, take the Poll, and make Return of the same.

The Chairman of the Committee appointed to examine into the
state of the Iron Works in Chatham County, reported as follows:

Your Committee received Information from the Commissioners,
that they have made a contract with Mr Wilcox, who has given a
Bond, conditioned to supply the Public with melting metal, at the
Rate of cast metal bars, deducting therefrom the charge of casting,
and that the said Commissioners have advanced to the said A\'ilcox
£300 and hired out to him 39 Slaves, in order to enable him to
finish and carry on the \vork, and have taken a Deed in Ti-ust for
the Furnace and Premises in Security.

That the said Wilcox informs your Committee that he is not will-
ing to sell or hire out his Furnace; that the same is now finished,
and fit to be put in Blast in about 14 Days; that he wants £200 for
present Demands; that there are two casters at this time em{)loyed
in this State.

Your Committee are therefore of Opinion, that the Commissioners
be directed to .supi)ly the said Wilcox with the aforesaid sum of
£200 immediately, and pay out such other sums as may be neces-

COLONIAL RECORDS. 947

sary to carry on the Business of casting cannon and ball with the
utmost Dispatch.

All which is humbly submitted by your Committee to the House.

HEZ" ALEXANDER, Chair.

The House, taking the said Report in consideration, concurred
therewith.

The Congress adjourned till To-morrow afternoon 5 o'clock.

Friday, November 29'^ 1776.

Met according to adjournment.

Mr President lai 1 before the House letters from the President of
the Continental Congress, and from William Hooper, Esc{., inclosing
sundry Resolutions respecting the Continental arm}' and a Resolve
for raising and embodying 5,000 of the militia in this State, which
were read.'

In consequence of Information from the Continental Congress,
that a considerable immber of Troops and a large Fleet had sailed
from New York, and which are supposed to be intended against
Charlestown, South Carolina,

Resolved, That General Moore do immediately march with the
Troops under his command to the Relief of Charlestown, without
delay; and that Orders issue to Col. Martin, and the Commanding
Officer at Newbern, to join Cjeneral Moore by the shortest way to
Charlestown.

Resolved, That all officers having leave of ab.sence, and all
soldiers on furlough, shall immediately join the C4eneral, or the
Commanding Officer of the Continental Army in this State, wherever
the same may be, although their respective times of absence or fur-
' lough may not be expired and that notice be issued by the President
for the purpose.

Resolved, That all soldiers already enlisted in the Continental
Army during the war, shall be at liberty to list again for that term,
or for three years, agreeable to the Resolution of Congress, and
that General Moore be furnished with this and the Continental
Resolution.

Resolved, That all officers in the Continental Arm-y in this State
for the future, shall be allowed the sum of 20s. for each and every
Recruit they shall enlist into the said army.

948 COLONIAL RECORDS.

Resolved, That General Jones, Mr Haywood, Mr President, Mr
Salter, Mr Stone, Mr Blount, Mr Rhodes, Mr Thomas Brown, Gen-
eral Person, Mr Harper, Mr Graham, Mr Brevard and Mr Harnett,
be a committee to inquire into the most speedy method of raising
and embodying 5000 of the militia of this State, agreeable to the
Resolution of the CoiUinental Congress.

Resolved, That Mr Starkey, Mr Lewis, Mr Owens, Mr ^L)sele^'
and Mr Gorham, be added to the Committee of Claims.

Resolved, That Mr Lord, Mr Thomas Harvey, Mr Harnett, Mr
Amis, Mr Bruce and Mr Thomas Graj', be added to the Committee
of Accounts.

It being represented to the House that Mr Matthew Ramsey,
commissar}' to the militia in the western parts of this State on an
expedition against the Tories, in the settlement of his accounts last
Congress, had made sundry erroneous charges therein.

Ordered, That Matthew Jones, Alexander Clark, Matthew Davis
and Elisha Cain, of Chatham County, be summoned as evidences
to support the said charge, and that Matthew Jones be appointed to
execute this order.

It being represented to this Congress that a certain sloop called
the Polli/, belonging to Mess. Peter Knight of Philadelphia, and
John Green of Newbern, merchants and copartners, and Mr Alex-
ander McAusten, whereof the suid Alexander McAusten was late
master, has been lately seized in the State of Georgia, and the vessel
and cargo likely to be condemned, on a supposition there that the
owners are npt friends to America,

Resolved, That the President of this Congress write to tlie Ciov-
ernor or Chief Magistrate of Georgia, and inform him that the said
Peter Knight and John Green are well known to the inhabitants of
this State to be men of rGputable characters, and from the beginning
of the disputes between Great Britain and the Colonies, to this
time, have conducted themselves as the firm and warm fi-iends to
the American cause.

The Congress adjourned till tomorrow alternoon 5 o'clock.

Saturday, November 30"', 1776.

Met according to cdjourninent.

R&solved, That Mr AVillie Jones and Mr John Bradford be, and
they are hereby appointed to administer oaths during tlie sitting of
this Congress.

COLONIAL RECORDS. 949

Resolved, That John Wilcox do iniiuediately proceed home, and
make the necessary preparations for the casting of cannon, cannon
ball and grape shot for the use of this State.

On»the Petition of John Wilcox,

Resolved, That Mr Birdsong, Mr John Thompson, Mr John Mont-
gomery and Philip Alston be a committee to examine a Dam
belonging to a certain Rigdon, below the said Wilcox's Iron Works,
and to remove if they shall think proper, or keep such Dam with
such a head of water, so as not to obstruct the works which are in
the service of "the public.

Resolved, That Mr John Pacely be appointed Lieutenant Colonel
of the second Battalion of ^"olunteers to be raised in this State for
the aid of South Carolina, in the room of John Pfifer, deceased,
under Brigadier General Allen Jones.

The chairman from tlie committee appointed to regiment the
several companies belonging to the 7*, 8"" and 9* Regiments of Con-
tinental Troops to be raised in this State, reported as follows, viz :

Seventh Regiment — James Hogan, Colonel; John Graham, Cap-
tain, Thomas Brickie, do., Joseph Walker, do., John Pointer, do.,
Henry Dawson, do., Bennet Wood, do.. Green Bell, do., Josiah Cot-
ten, do.

Eighth Regiment— James Armstrong, Colonel ; Frederick Hargett,
Captain, Henrj^ Pope, do., William Gurley, do., James May, do.,
Thomas Nixon, do., .John Walsli, do., Robert Raiford, do., Edward
Ward, do.

Ningth Regiment — John Williams, Colonel; Richard Donaldson
Cook, Captain ; Hezekiah Rice, do., Matthew Ramsey, do., John
Rochell, do., Joel Brevard, do., Joseph John Wade, do., Michael
Henderson, do., Thomas M'^Crary, do.

All of which is submitted by the committee.

WILLIE JONES, Chair.

The House taking the said report into consideration, concurred
therewith.

The Chairman of the Committee of Claims reported to the House,
that the said committee had allowed Joseph Harden Captain of a
Company of Light Horse of Tryon County, on the Cherokee Expe-
dition, his claim of £789.

The House taking into consideration the said report, concurred
thei'ewith.

The Congress adjourned till Monday afternoon 5 o'clock.

950 COLONIAL RECORDS.

Monday, December 2"", 1 770.

IMet according to adjournment.

Whereas it was Resolved in Congress at Halifax the 7"" day of
]\Iay last, that the Bridges in the County of Duplin, which were
destroyed by Order of the Commanding Officers on the Expedition
against the Tories and Highlanders in February last, should be
rebuilt at the public expence of this State. And whereas, it is
absolutely necessary, as well for the Inhabitants of the said County, as
for others the Inhabitants of this State, that the said bridges be
rebuilt.

Resolved, That the Treasurers, or either of them, pa}' into the
hands of Thomas Gray, James Moore and Gabriel Homes, Esq., of
Duplin Couuty, the sum of £150, to bo applied towards rebuilding
the bridges, they entering into bond, with securitj^, to the President
of this Congress, for the faithful application of the same.

Read the petition of William MT\ee and James White, praying, &c.

Resolved, That Mr. Lord, Mr Avery, Mr Thomas Brown, Mr
Rand and JMrSharpe, be a Committee to inquire into the facts set
forth in the said petition, and report the same to this House.

Read the petition of William Dent of Guilford County, setting
forth the many losses he lias sustained by the Enemies to this State,
praying this Congress to con.sider his case, &c.,

Resolved, That Mr Avery, Mr Gray, Mr Evans, Mr Wilson, Mr
Respis, Mr Caldwell and Mr Oliver, be a Committee to consider the
said petition, and make Report thereon to this House.

Ordered, That Mr Barber Jiave leave of absence during this Con-
gress.

The Congress adjourned till Tomorrow Afternoon 5 o'clock.

Tuesday, December 3'', 1776.

Met according to adjournment.

The returning Officer for the County of ^Vake having certified
that j\Ir James Jones was duly elected a Delegate to represent the
said County, whereupon Mr. Jones appeared, subscribed the Test,
and took his seat in Congress.

Resolved, That Solomon Pace be appointed a Captain iu tiie first
Battalion of Volunteers to be raised by this State for the aid of South
Carolina, Commanded by Col. Abraham She]i[iard, instead of
Robert Peoples, resigned.

COLONIAL RECORDS. 951

Ml" John Sevier, one of the members from Watauga Settlement,
and Washington District, appeared, subscribed the Test, and took
liis seat in Congress.

Mr Benjamin Blount, one of the delegates for the County of Tyr-
rell, appeared, subscribed the Test, and took his seat in Congress.

Resolved, That Jacob Williams be appointed first Lieutenant in
Capt. John Devane's Company, of the first Battalion of Volunteers
to be raised by this State for the aid of South Carolina, commanded
bj' Col. Abraham Sheppard, in room and stead of John Champion,
superseded. .

Mr President laid before the House a letter from Col. Joseph
Williams, of Surry County, inclosing a copy of another from Will-
iam Christian, Commander of the Virginia Forces (to Col. Russell)
on an Expedition against the Cherokee Indians, which were read.

Resolved, That Mr Willie Jones, Mr Sharpe, and Mr Llarnett, be
a Committee to take under consideration the said Letters, together
with the Treaty of Peace concluded on with the said Indians, and
make Report to this House.

It fully appearing to this House, on Oath, that Mr Ralph Miller
of Bladen County did actually manufacture within this Province
569 ibs. and a half of Gunpowder,

Resolved, That the said Ralph Miller be allowed the sum of £150
as a Premium for making and manufacturing the same, pursuant to
a Resolve of Congress respecting Premiums, held at Hillsborough;
that the Treasurers, or either of tliem, pay him the siime, and be
allowed in their.accounts with the Public.

Resolved, That Mr George Evans, Mr Gorham, Mr Salter, Mr
Neale, Mr Gray, Mr Whitmill Plill, and Mr Haywood be a Committee
to inquire into the conduct of Mr John Cooper, of Beaufort County,
with respect to the monopoly of common Salt, and make report to
the House.

Tiie Committee appointed to settle and allow the Public Claims of
this Province, reported as follows, to wit:

That it appears from a Resolve of last Congress that the Militia
Commissaries are directed to furnish the same Rations-as are allowed
to the Continental Men'and Officers, but nothing expressed therein
aboMt the allowance for each Ration ; and it also further appearing
that sundry of the Militia Commissaries have stated their accounts,
claiming lOd. per Ration, and that there is no certain Rule for allow-
ing such claims (the Act of Assembly referred to by the last Con-

952 COLONIAL RECORDS.

gress expressing only Sd. per ration), therefore we humbly beg to
have the Opinion of the House what is to be allowed.

And we also further report it as our Opinion, that four Pack
Horses and Driver be allowed 16s: per Day on the Expedition
against the Cherokee Indians ; that each Pack Horse master ought
to be allowed 7s. 6d. per day ; that the Pack Horse Master General
ought to be allowed 10s. per Day.

Your Committee also desire to know the Opinion of the House,
whether Pack or Waggon Horses, killed or lost in the service of the
Country are to be paid for or not. ]\I HUNT, Chair.

The House taking the said Report into consideration, concurred
therewith,

And further Resolved, That the Commissaries to the Troops of
Militia on the late Exjieditiou against the Cherokee Indians, be
allowed the sum of lOd. per Ration.

Resolved, That all Pack. or Waggon Horses killed or being ren-
dered disabled in the late Expedition against the said Indians shall
be paid for by the Public.

The Congress adjourned till To-morrow morning 10 o'clock.

Wednesday, December 4"", 1770.

Met according to Adjournment.

Resolved, That D" William L\sher be appointed Chireurgeon to the
third Regiment.

Ordered, That five Prisoners taken at Bald Head by CTcneral
Moore, be cloathed at the Expence of this State.

Resolved, That Col. Nicholas Long employ at the Public Expence
some Person or Persons to mend and put in fix sundry Guns now
in his Possession, and in the Town of Halifax. •

Resolved, That Mr Zedckiah Stone, of Bertie County, be and he
is hereby appointed a Commissioner to purchase Guns for the use of
the Public.

Ordered, That Mr Philip Alston have leave to absent himself
during the sitting of tlie Congress.

Col. Ebenezer Folesomc, pursuant to an Order of this House,
appeared.

Resolved, That Mr Gregory, Mr Sharpe, Mr .larvis, Mr Harper,
Mr Johnston, Mr .Jordan and Mr Starkey be a Committee to inquire
into the conduct of said Folo.some, and make Report to this House.

COLONIAL RECORDS. 953

Resolved, Tliat Alexander j\Iartin, Esquire, be alk)\ved the sum
of £75 fur lidding three Courts of 03^er and Terminer as Judge of
Salisbury District, appointed agreeable to Act of Assembly for
establishing said Courts, in the years 1774 and 1775; that the
Treasurers, or either of them, pay Ijim the same and be allowed in
their accounts with the public.

Resolved, That Francis Nash, Esq., be allowed the sum of £75
for holding three Courts of Oyer and Terminer as Judge of Hills-
borough District, appointed agreeable to Act of Assembly for estab-
lishing said Courts, in the years 1774 and 1775 ; that the Treasurers
or either of them, pay him the same, and be allowed in their accounts
with the public.

Whereas many inconveniences have arisen from the mode lately
pursued in granting the public money to the Recruiting Officers,

Resolved therefore. That Mr Avery, Mr Hill, Mr Allen Jones,
Mr Battle, Mr Hewes, Mr Neale, ]Mr Coor, Mr Alexander, Mr Ben-
bury and Mr Hunter, be a committee to ascertain a proper manner
for paying the army for the future and adjusting tlie accounts of
such officers as appear to be delinquents, for the inspection of the
Legislature.

The Congress Adjourned till tomorrow afternoon 5 o'clock.

Thursday, December 5", 1776.

Met according to Adjournment.

Resolved, That Thomas and John Humphries of Pasquotank
County, be allowed the sum of £150 for 300 wt. of cannon powder
lately imjjorted into this State; that the Treasurers, or either of
them, pay the same on their producing a receipt that the same has
been received by Robert Hardy, Esq., of Edenton, for the use of the
public; and that the said Treasurers be allowed in their accounts
with the public.

Read the petition of Jane Bouland, in behalf of her son William
Jackson, now confined in Hillsborough gaol for manslaughter.

Ordered, To be referred to the Committee of Inquirj'.

Ordered, That j\Ir Thomas Respis have leave of absence.

James Childs appeared before the House pursuant to order, and
being examined, the House was of opinion he might be enlarged,
upon giving security that he would not preach the doctrine of non-
resistance and also take an oath to this State.

934 ■ COLONIAL RECORDS.

Ordered, That Mr Childs have leave to witlidraw and consider
the same.

Read the Petition of George Denison, praying, &c.,

Resolved, That Mr Nash, Mr Hill, and Mr Starkey be a commit-
tee to take into consideration the Petition of George Denison, and
make report to this House.

Sundry Depositions being laid before this House charging a cer-
tain William Heath, of the Town of Newbern, with Torryism, and
dangerous to the Liberties of America,

Resolved, That the .said William Heath be immediately sent for
in custody, and brought before this Congress, to answer for sucli bis
conduct; and that Capt. John Daly be directed to see this Order
cari'ied into Execution.

TheCiiairman from the Committee of Claims reported as follows,
viz :

That they have passed Colonel Thomas Polk's accounts for sundry
services done the Public, amounting in the whole to £2,513 Ss. Sd. ;
also Capt. Charles Polk's claim, amounting to £963 cSs. 4d. ; Capt.
John Davidson's claim, to the amount of £617Gs. ; Capt. William
Hagin's, amounting to £595 7s. ; Capt. John Keeler's, amounting to
£95 13s. 4d.; Colonel William Taylor'.s, to £152 18s. 8d. ; and I^Ir.^.
Winny Freer's claim for boarding the Prisoners of War, amounting
to £41 IGs. Gd.

All of which is humbly submittal. M. HUNT, Chair.

The House taking the said rejioi't into consideration, concurred
therewith.

The Congress adjourned till to-morrow afternoon 5 o'clock.

Friday, December G'", 177G.

Met according to adjournment.

Mr Thomas Jones, from the committee appointed to form and
lay before this House a Bill of Rights, and Form of a Constitution
for the ({overnment of this State, informed the House that (he Com-
mittee had prepared the Form of a Constitution, wliich he read in
his place, and delivered in at tlie Table.

Ordered, Tliat the same be taken under considei-ation on Monday
next; that one copy of the .said Form of a Constitution be furnished
for each District in this State, and one coj)y fur each County, and
that the Secretary cmplny (.'lei'ks fur that purpiis(\

COLONIAL RECORDS. 955

Whereas in consequence of the Representation of a few persons
in the Town of Newbern, Richard Ellis, Esq., was directed to attend
the House and answer a charge exliibited again.st him for directing
Captain Hampstead to commil AMlliam Heath on Board the Armed
Brig Pennsylcanin Farmer, the said Richard Ellis, Esq., appeared,
and upon examination of the Evidences, it appears to the House that
the said charf-e is malicious and altogether groundless.

Resolved, That it appears to the Ilouse the said Richard Ellis,
Esq., as well in that particular as in every other Respect, hath con-
ducted himself as a zealous and warm Friend to the American Cau.se.

The'chairman of tlie committee to take under consideration the
complaint of certain Officers on the Continental Establishment, with
respect to their ranks, reported as follows, viz.:

That at the Congress held at Hillsborough in August, 1775, Joshua
Bowman was aj^pointed Lieutenant in Capt. Thomas Allen's Com-
pany, and Neil ]\PAlister an Ensign in Capt. Robert Rowan's Com-
pany in the first Battalion of Continental Troops, by certificates,
bearing date the first day of September in that year.

That by the Journals of the late Provincial Council, Tilghman
Dickson was appointed a Lieutenant in Capt. Dickson's Company,
John Brown an Ensign in Capt. Alfred Moore's Company, and Lee-
hansuis De Keyser an Ensign in ("apt. John Walker's Company, on
the 20'" day of October, 1775.

That the Rank of the Continental Officers in this State hath
always been settled by a Board of Officers of all Degrees, from a
Colonel down to an Ensign inclusive, by which the inferior Officers
must frequently have been constituted Judges where they were
Parties, and actually interested in the consequences of their own
Determination.

That the above-named Tilghman Dickson hath been advanced so
as to take Rank before the said Joshua Bowman, and the said John
Brown and Leehansuis De Keyser so as to take Rank before the
said Neil APAlister, which your committee can not otherwise account
for than upon this Principal, namely, that the said Tilghman Dickson,
John Brown, and Leehansius De Kej'ser, were originally appointed
Officers in Companies which afterwards took Rank of those com-
manded by the Captains Rowan and Allen, although at tlie time of
their appointment by the Council the Ranks of the several Com-
panies does not appear to have been ascertained nor their number
of Soldiers complete. . -^

950 COLONIAL RECORDS.

Upon the whole, your Committee have come 1 1 the following
Resolutions :

Resolved, As the Opinion of this Committee, that all Officers
(except where the mode is otherwise directed by Congress) should of
Right take Rank according to the Dates of the respective commis-
sions or appointments; and that it be recommended to Oeneral
Moore, and the Commanding Officers of the Continental Troops in
this State for the Time being, to ascertain the Rank of the said
Joshua Bowman and Neil Minister accordingly.

Resolved, That it be recommended to General Moore, and the
Commanding Officer for the Time being, that for the future; when
it shall be necessar\' to settle any Rank by a Board of Officers, such
Board shall be composed of such officers only as hold commissions
of greater Dignity than those of the officers whose Ranks the}' are
to ascertain.

All wliicli is humbl}' submitted,

a". M'°LAINE, Chair"-.

The House taking the said Rejiort into consideration, concurred
therewith.

The Committee appointed to inquire into the Quantity and
Quality of a Lead mine supposed to be in the County of Halifax,
on the Lands of John Williams and Francis Ward, reported as fol-
lows, viz.:

Yoar Committee having examined into a Lead mine under the
care and Inspection of John Williams and Francis Ward are of
opinion, tliat from the situation of tlie said mine, the difficulties
attending a further search into it, and tlie very small Quantity of
Ore which it produces, it will not be advisable to expend any more
money upon wliat can never be of an}^ utility to the Public.

The House, taking the said Report into consideration, concurred
therewitli.

The Chairman from the Committee aj^pointed to take into con-
sideration the conduct of Col. Ebene/.er Folsome, liaving inquired
into the same, reported as follows, viz.:

That it appears to your Committee at tlie la.'^t Congress he was
allowed a claim of £891 8s. in whicli was contained an allowance of
£3 for 113 Privates for 30 Days Service in tlie late Insurrection
against the Tories in Cumberland County, and Rations for the .'iaid
113 Privates during the said Tei'm of 30 days, and an allowance of

COLONIAL RECORDS. 957

£45 for Liquor, and also an allowance for 29 Light Horse for the
space of 29 Days, at 5s. per day each.

That from the testimony of Charles Stewart, Joseph Edwards,
William Robeson, Francis Smith, Adament Liverman, Robert
Philips, Jesse Moore, Francis Falkner, Jacob Matthews, Alexander
Avery, Robert Cobb, lea Adkin, William Sproul, and Mark Mial, it
appears that Col. Folsome paid off sundry of his soldiers in the
Foot service with a much less sum than 20s. and demanded 2s. of
each of them for Liquor, that sundry of the men found their own
Rations the greatest part of the time; that he hath refused Payment
for sundry cart horses belonging to some of his soldiers, although
he was allowed for their service in Ids claim ; that no such Quantity
of Liquor was given gratis to the Soldiers as he had an allowance
for last Congress; that he has claimed for more Light Horse Service
than was actual!}' performed, and that he has paid some in said
service at the rate of 4s. 6d. per day, although 5s. was allowed.

It further appears to your Committee, from the Testimony of
Capt. John Wa'sli and Henry Giffard, that Col. Folsome has not
attended more than two thirds of his time at Head Quarters at
Cross Creek last summer; that either for want of capacity or incli-
nation to govern and direct the Military Operations of the Ti-.ops
under his command, they were generally in disorder and confusion.

Your Committee therefore recommend that the said Col. Ebenezer
Folsome be discontinued from the command of the militia in Cum-
berland County, and that Mr Robert Rowan, Mr Thomas Hadley,
and Mr Philip Alston, be Commissioners to convene before them, or
any two of them, the said Col. Folsome, and the injured soldiers,
whether Foot or Horse that were under his command during the
Insurrection aforesaid, and see that he pay them for what time they
were in actual service, and that they properly adjust the same and
lay an account of their proceedings before the next Assembly with
the overplus money if there should be any. All which is humbly
submitted to the House. W" SHARPE, Chair". '

The Plouse taking the said Report into consideration, concurred
therewith.

Resolved, That William Little be appointed Ensign in Capt. John
Rochell's Company of the 9"" Battalion of the American Army,
commanded by Col. John Williams, in the room of Peter Bruce,
resigned.

958 COLONIAL RECORDS.

Resolved, That General Ashe furnish forth two companies of the
militia from the district of Wilmington, to guard the Magazine at
Cape Fear in the absence of tlie regular Troops Destined for
Charles town.

Resolved, That Thomas Jenkins be allowed £100 for apprehend-
ing and bringing to Halifax Gaol a certain David Jackson, of Guil-
ford County; that the Treasurers, or either of them, pay him the
same, and be allowed in their accounts with the public.

Ordered that Mr Britain Fuller have Leave of Absence.

The Congress adjourned till tomorrow Evening 5 o'clock.

Saturday, December 7"', 1776.

Met according to adjournment.

The returning Officer for the County of Halifa.x^ having certified
that ]\Ir. Egbert Haj'wood, of the said County, was duly elected a
Delegate, in the room of Mr James Hogan, whose seat was vacated
by an appointment in the Continental Array ; the said Mr HaN'wood
appeared, subscribed the Test, and took his scat in Congress.

Tlie Committee appointed to take into consideration the public
manufactory of Guns in the District of Halifax, reported as follows,
viz.:

Your Committee finds, by the accounts of James Ransome, one of
the Commissioners appointed for establishing said manufactory, that
the sum of £o per Gun is not adequate to the Expenses attending
the .same, and that the sum of 20 dollars per Gun, is in the opinion
of your Conimittei', the lowest price for which the said Guns can be
manufactured. All which is humbly submitted to the House.

The House taking said Report into consideration, rejected the
same.

Tlie Chairman from the Committee to consider the Inconveniences
which have arisen from the mode lately pursued in granting the
public money to the Recruiting Officers, and ascertaining a proper
manner for paying the Army for the future, and adjusting the
accounts of such officers as appear to be delinquents, for the Inspec-
tion of the Legislature, reported as follows, to wit.

Your committee are of opinion that a Kegimental Paymaster be
appointed to each Battalion, with the pa^' and rations of a Captain
per month, and that each Regimental Paymaster give security in
the sum of £10,000.

COLONIAL RECORDS. 059

That tlie Regimental Paymaster pay eacli individual Officer and
Soldier belonging to his regiment monthly, and take their several
receipts, to be laid at a future day before tlie legislative Powers of
this State.

That the Deputy Paymaster General shall furnish each Kegi-
mental Paymaster with a state of the accounts of each Officer who
may have received money either for the recruiting service or for the
payment of the soldiers, and shall attend at Head Quarters when
the first monthly payments shall be made, that all Disputes relative
to the settlement of former accounts may the more easily be adjusted ;
and if such Officers do not immediately settle their accounts with
him, he is hereby directed to lodge a complaint in writing with the
Colonel or Commanding Officer of the Regiment, in order that such
delinquent Officer may be proceeded against agreeable to the Arti-
cles of War established by the General Congress.

That the Regimental Paymaster advance to the Recruiting Offi-
cers of each Company, not in arrear to the Public, the sum of £200
towards recruiting such Company, and may advance, as occasion
requires, any further sums for the purpose of recruiting, provided
that the sums so advanced, together witli the balance that may be
in the hands of the Officers of such Company unapplied, shall not
exceed the sum of £200. And provided also, that such sums, with
all that hath been advanced to the said Officers, doth not exceed the
amount of tlie Bounty money for a full Company. And provided
further, that when by Death or Desertion any Compan\^ shall not
have its full complement of soldiers, the Paymaster shall advance
to the Recruiting Officers of such Company any sums of money,
agreeable to the following Regulations and Restrictions, that shall
be necessary to complete such Comijany : That the Recruiting Offi-
cer shall make a monthly return of his company on oath, alphabeti-
cally digested, certifying the time of inlistment; the mone}- he has
•advanced, and what remains in his hands, to the Regimental Pay-
master. And in case of neglect or refusal of such Officers, the Regi-
mental Paymaster shall lodge a complaint against such delinquent
Officers in writing with the Colonel or Commanding Officer, in order
that he be proceeded against agreeable to the Articles of War estab-
lislied by the General Congress.

Your committee are furthf r of opiiiibn, that it be recommended
to tlie iiegimental Payma.ster, that it is a duty incumbent on them
to make diligent Inc^uiry whether tiie soldiers inlisted in the service

9G0

COLONIAL RECORDS.

have received tlieir full Bounty ; and if it appears they have not,
the respective. Paymasters are hereby directed to lodge a complaint
in writing with the commanding Officer of such Regiment to which
the soldier or soldiers belong, to the End that Justice be done.

HEZ. ALEXANDER, Chair.

The House taking the said report into consideration concurred
therewith.

On motion, Ordered the yeas and nays on the said report betaken
down, which are as follows, to wit:

Jacob Hunter
Thomas Jones
Robert Sumner
Day Ridley
William Murfree
James Wright
John Tillman
Edward Salter
Thomas Wade
Cornelius Harnett
W. Horn
W. Avery
Edward Starkey
Benjamin Williams
James Kenan
Thomas Owens
Thomas Amis
James Gorham
Thomas Resnis

Thomas Person
Robert Lewis
MemucAn Hmit
James White
Thornton Yancey
Griffith Rutherford

Yeas:

Robert Tripp
Jonas .Johnston
John Hardi-son
Benjamin Exuni
William Dickson
Thomas Gray
Henry Abbott
Solomon Sheppard
John East on
]Jenry Rhodes
John Spicer
Thomas Johnston
Parker (Quince
William Lord
HoUowell AVilliams
David Caldwell
Samuel Ashe
John Ashe
Evans

iVff /y.s .-

James Smith
Isham Browder
Charles Gordon
Williaip Sharpe
Need ham Bryan
Benjamin Seawell

Kowan

Rand

Cobb

Carter

Gorrell

Sevier

Russell

Archibald Maclaine

Sampson j\Ioseley

John Devane

Lewis Dupree

Andrew Bass

Elisha Battle

James Jones

John Brevard

Hczekiah Alexander

Robert Irwin

Zacheus Wilson.

Samuel Smilliwiel
William Graham
Thomas Robeson
David Love
Thomas Brown.

COLONIAL RECORDS. 9G1

Ordered, That Mr Thomas Gray have Leave to absent himself
from the service of this House.

Resolved, That a certain Resolution of this House appointing
Regimental Paymasters, and also a Resolution of the Continental
Congress for allowing a Bounty and Cloathing to the Army of the
United States, be set up at the Court House of every County in this
State, and that the Secretary of this House furnish the Printer with
a copy of the same, that a number may be printed for that Purpose.

The Congress adjourned till Monday Morning.

Monday, December 9'\ 1776.

Met according to Adjournment.

Ordered, That Mr George Evans have Leave of Absence from
this House.

Resolved, That Mr .Samuel Ashe, Mr Purges and Mr Harnett be
a Committee to inquire into a complaint of .John Gaillard, against
William Barrat, for taking a Sloop, the Property of the complainant.

Resolved, That Mr Lsaac Gregory, Mr Ambrose Knox and .Mr
Othaniel Lascels be a Committee to take into Posses.sion the Pr.)perty
of the following Persons, that the same may be secured till further
Orders, to wit, .James Ingram, in company with Neil Snodgrass, and
Thomas Macknight in company with Thomas King, Thomas Mack-
niglit in company with William M^l'ormick, .Mr Neil .Jamieson, and
John Dunlap, their real and personal Estates, and that they make
Report of their Proceedings.

On the Petition of .James Burns, of Dobbs Cou*nty, complaining
of the irregular method of inli.sting his son William Burns, by a
certain Capt. Patrick Stewart, in the first Battalion of Volunteers
voted by this State for tlie Aid of South Carolina,

Ordered, Tliat General -Jones, who is appointed to command the
Brigade destined to Soutli Carolina, do immediately discharge the
said William Burns from his said Brigade.

The returning Officer for the county of Northampton having cer-
tified that Mr Thomas Parker was duly elected a Delegate to sit and
vote in this pjresent Congress, in the Room and stead of Mr. James
Ingram, whose seat was vacated by an appointment in the Conti-
nental Army, Mr Thomas Parker appeared, subscribed the Test, and
took his seat in Congress.

Resolved, Th^ Mess. Isaac Gregory, William Ferebe and Abner
Harrison, who have been appointed Commissioners to take into
VOL. X — 01

9G2 COLONIAL RECORDS.

their care the Estates of Thomas Macknight and James Parker, in
Pas<|Uotank and Currituck Counties, sell such Part of the said
Estates as they shall judge most liable to Waste, for six months'
credit for all sums above ^3, taking Bond and security, and make
Return thereof to the next ensuing Congress or Assembly. That
jNIrs Parker be allowed the monies arising from the Rent of her Hu.s-
band's Plantation, and the Hire of the following Negroes that were
taken by the Public, to wit, Sambo, Doctor, Africa, .Jenny and Flora,
to support herself and her children, or such Part thereof as the Com-
missioners shall think necessary, till further Orders.

Resolved, That Col. John Patton, of the second Regiment of Con-
tinental Troops, be allowed the sum of £208 15s. lOd. for horse
hire, cart hire, shoes, blankets, rugs and sundry sums of money
advanced by him for the use of the Continental Troops, as per
account filed.

That the Treasurers, or either of them, pay him the same, and
be allowed in their accounts with the public.

Resolved, That I\lr John Bryan, ]\Ir Christopher Neale, Mr David
Barron and Mr Richard Ellis, or any two of them, be commissioners
to take into their hands all the personal estate of Josiah IMartin,
Esq., late Governor of this State; and also that they have power to
call on and examine on oath, all persons suspected of having or
concealing any of the said Governor's effects; and that they sell the
said effects at vendue, giving six months credit; and make return
of their proceedings to the next Assembly to be held for tliis State,
and in case any person or persons shall refuse to answer on oatli,
and delivt'i" np to said commissioners, such effects as may be in
tlieir hands, such person or persons shall stand committed.

Resolved, That Watson Stott and James Donaldson have leave to
depart this State in any vessel bound to tlie French, Dutch or Dan-
ish Islands, in the West Indies.

The order of the day being read, the House proceeded to consider
the form of the ('on.stitution to this State, and after having, spent
some time therein.

Resolved, The House do tomorrow morning enter on the further
consideration of the said Constitution.

The Congress adjourned till To-morrow morning 10 o'clock.

. COLONIAL RECORDS. 96£

Tuesday, December 10'\ 1776.

Met according to adjournment.

Resolved, That the several Captains of the Light Horse Com-
panies in the service of the Continent, stationed in this State, in
case any horses should either be killed or die, be impowered to pur-
chase horses in their stead, having regard to the instructions estab-
lished by a resolve of the last Congress held at Halifax.

Resolved, That Mr .James Council be appointed a commissioner
to take into his possession all the personal estate of .John Cairsey, of
Bladen County, deceased, and sell the same at vendue for six
months credit, and make return of his proceedings to the next
Congress or Assembly to be held in this State.

Read the memorial of George Doherty, setting forth that a certain
James Love, of Duplin County, aided with a party of armed men, ,
came to the House of Samuel Portevints, of New Hanover County,
and violently broke open an outhouse, and took from thence a
Quantity of Salt, the property of the memorialist,
• Resolved, That Mr Maclaiue, Mr Ashe and Mr Starkey, be a
committee to take into consideration the said memorial, and make
report to this House.

The House, according to order proceeded to further consideration
of the form of a Constitution to this State, when the same was read
paragraph by jiaragraph, amended and ordered to pass for the first
reading.

On motion, Resolved, That the said Constitution be taken under
further consideration on Thursday next.

The Congress adjourned till To-morrow ]\Iorning 10 o'Clock.

Wednesday, December 11"', 1776.

Met according to Adjournment.

Resolved, That James Campin be appointed Ensign in Capt. Gee's
Company of the Second Regiment of the Continental Army in this
State; William Williams, Ensign in Capt. Williams' Company, of
the Second Regiment; and John Pilley, Ensign in Capt. "N'ail's
Company, of the same Regiment.

On motion Resolved, That the companies raised by order of the
Committee for the protection of the Inhabitants of Washington Dis-
trict in June last, and also those who joined and marched with the
North Carolina Troops, under Col. Joseph AVilliams, against the

964 COLONIAL RECORDS.

Overhill Cherokees, be paid by this State, and tliat the claimants be
referred to the Committee of Claims for Allowance.

The Chairman from the Committee of Ways and ]\Ieans for pro-
curing Salt, &c., laid their Report before the House. The same
being taken into consideration, and some time spent therein,

Resolved, The said Report be recommitted to tlie said Committee,
and that they make Report thereon.

Resolved, That Joseph Leech, David Barron, and Richard Ellis,
be Commissioners to load and send out the Peivisijlvanin Fanner,
reducing (until her return from said "N^oyage) the number of Car-
riage Guns of said Vessel to 8, and the number of men to 40, for
the jiurpose of purchasing Salt; Arms and Ammunition, and also
for importing 10 Pieces of Cannon, from IS to 32 Pounders, for the
use and defence of this State.

The Committee appointed to take under consideration the petition
of AVhite and M^Ree, Executors, &c., rei:)orted as follows, viz.:

Your Committee, upon Examination, find that 4he Demands of
the said Executors against Morris Nowland, and other Prisoners of
this State, are much complicated ;

That by Order of last Congress the Estates of said Prisoners have
been inventoried and secured by Commissioners appointed for that
Purpose;

And whereas the Legislature of this State will probably soon
establish Courts of Law, before whom such Demands of the Peti-
tioners may be more properly ascertained, and the estates of said
Prisoners, in the Hands of Commissioners as aforesaid, may then be
made liable to answer said Demands, and make good the Property
of those Orphans in whose Behalf the Petition was introduced.

Your Committee are therefore of Opinion that it is neces.sary to
make an Order thereupon at this Time.

All which is humbly submitted.

The House, taking tlie said Re;ort into consideration, concurred
therewith.

Whereas it is represented that Patrick Travers hath in his Posses-
sion a certain Hor.se, and Sundry Books of Accounts, all belonging
to the E.state of Morris Xowland, and hath refused to deliver them
into the Hands of Commissioners appointed by the late Congress to
take into their Possession tlie Estate of the said Nowland, and
others, Insurgents and Prisoners; therefore

COLONiAL RECORDS. 965

Resolved, That Patrick Travcrs deliver the said Horse and Books
to said' Commissioners, or appear immediately before this Congress,
or such Persons as may be appointed to hold the Executive
Authority in this State, then and there to show cause why he
detains the said Horse and Books from tlic Commissioners as afore-
said.

Resolved, That Mr Sharpe, Mr Gorham and Mr Harper, be
appointed a committee to re-examine the accounts of Colonel Henry
Irwin, and make report of the same.

Resolved, That General Rutherford, Mr Sharpe, Mr Avery, Mr
Maclaine, I\Ir. Person, Mr. Neale, Mr Irwin, and Mr William Rob-
son, be a committee to take into consideration the petition of Samuel
Spencer, and make report thereon.

The committee appointed to re-examine the Accounts of Col.
Ramsey, reported as follows, viz.:

Your committee find that Col. Ramsey received the sum of
£56 12s. 4d. more than he was entitled to, which appears to be now
due to the State.

Your committee are further of Opinion the error was not occa-
sioned by any dishonest intention in the said Col. Ramsey, but
through the Hurry in which his Accounts were drawn up.

The House taking into consideration the said report, concurred
therewith.

Resolved, That Mr Council, Mr Brown, and Mr Rowan, be a com-
mittee to re-examine the Accounts of INIatthew Ramsey, and make
report of the same.

Resolved, That .John Macon be appointed a Captain in the 7""
Battalion of the Continental Army to be raised in this State, in the
room of Bennet Wood, who refuses to act ; Eli Ely, First Lieutenant;
John Myrick, Second Lieutenant, and William Harrison, Ensign in
Capt. iMacon's Company, 7* Regiment.

Resolved, That General Ashe, Mr Dupree and Mr Quince, be a
Committee to examine the claim of INIr Thomas Amis, and make
report to this House.

On motion. The House proceeded to the Appointment of Regi-
mental Paymasters to the several Battalions of Continental Troops
raised in this State, and the following persons were appointed Pay-
masters accordingly, to wit:

Paymaster to the First Battalion — ]\Ir William Lord.

Paymaster to the Second Battalion — Mr John Spicer.

966 . COLONIAL RECORDS.

Paymaster to the Third Battalion — Mr William Blount.

Paj-master to the Fourth Battalion — Mr William Bryan.

Paymaster to the Fifth Battalion — Mr .John Rogers, Jr.

Paymaster to the Sixth Battalion — Mr William IMoseley.

Paymaster to the Seventh Battalion — Mr James Harvey.

Paymaster to the Eighth Battalion — ]\Ir Jesse Blount.

Paymaster to the Ninth Battalion — Mr. Isaac Guion.

Resolved, That the several Regimental Paymasters of the 'Conti-
nental Troops in the service of this State, before they enter upon the
Execution of their Office, shall take the following Oath, to wit:

"I, A B, do swear that as Paymaster of the Regiment, I

will be faithful to the j^ublic, and not wittingly suffer them to be
defrauded, but in all things well and truly execute my office, to the
best of my knowledge and abilities, .so help me God."

The House proceeded to the Appointment of Commissaiies to the
three additional Battalions of Continental Troops to be raised in
this State, when the following persons were appointed.

Resolved, That Mr Hardy Bryan be appointed Commissary to the
Seventh Battalion, Mr Joseph Green Commissary to the Eighth Bat-
talion, and Mr William Dent Commissary to the Ninth Battalion.

Resolved, That the Treasurers, or either of them, supply each of
the Commissaries, appointed by this Congress to the three additional
Battalions of the Continental Troops to be raised in this State, with
the sum of £2,000, they first giving bond and security, each in the
sum of £10,000.

The Congress adjourned till tomorrow morning 10 o'clock.

Thursday, December 12'", 1776.

Met according to adjournment.

Resolved, That Mr William Pasteur be appointed Regimental
Paymaster of the Fourth Battalion of the Continental Troops raised
in this State, in the room and stead of William Bryan, who refuses
to act. .

Ordered, That the Waggoners' Certificate, Signed by Col. Gee,
shall be a voucher sufficient for tlie Paymaster of tlie Detachment
from the District of Halifax, latel}' in service, to pay the same.

Resolved, That Mr Coor, Mr Avery, Mr W. Jones, MrStarkey and
Mr Samuel Ashe be a committee (especially appointed) to settle the

COLONIAL RECORDS. UG7

accouuts of Mr Matthew Lock, Paymaster to the miUtia on the late
Expedition against the Indians, and make Report on the Transac-
tions of that Expedition.

Mr Matthew Lock, one of the Delegates for the County of Rowan,
appeared, subscribed the Test, and took his seat in Congress.

Mr. Joseph Williams, one of the Delegates for the County of Surry,
appeared, subscribed the Test and took his seat in Congress.

The order of the day being read, the House proceeded to take
under consideration the Form of the Constitution to this State, and
the same being read and debated paragraph by paragraph.

Resolved, That the same pass as the second reading of this Plouse.

On motion. Ordered, the said Form of a Constitution be taken
under consideration on Saturday next.

j\Ir Thomas Jones from the committee to form, and lay before this
House a Bill of Rights, &c., informed the House that the committee
had prepared the said Bill of Rights, which he read in his place,
and delivered in at tlie table.

Ordered, The same lie for consideration.

Congress adjourned until To-morrow afternoon 4 o'clock.

Friday, December 13'^ 177G.

Met according to adjournment.

The committee appointed to examine the accounts of Capt. Thos.
Amis, of Bladen County, against this State, for apprehending, secur-
ing and delivering to their Officers, 19 Deserters from the Troops
belonging to this State, reported as follows, to wit :

Your committee are of opinion that the said Thomas Amis be
allowed for his trouble and expence in apprehending the said deser-
ters, and for carrying them from this State to Charlestown in South
Carolina, where they were delivered, the sum of £120.

The House taking the said Report into consideration, concurred
therewith.

Mr Ambrose Ramsey came into Congress and moved tliat he
might have leave to resign as one of tlie Commissioners of Iron
"Works in Chatham County, which was granted.

Resolved, That Mr ]Maclaine, Mr Harnett, Mr Luke Sumner, Mr
Hinton, Mr Scurlock, Mr iivery, and Mr Thos. Jones be a committee
to inc[uire into the best method of carrying on the Iron Works in
Chatham County, for the L^se of the Public, and make report of the
same to this House.

968 COLONIAL RECORDS.

Doctor John Piles, who was examined to-day before the committee
of Inc[uiry (where he took an oatli to this State, and gave security
for his appearance before the House) appeared at the Bar of the
House accordingly, and being further examined, it was

Resolved, That the said Doctor Piles be liberated, on his giving
security in the sum of £1000, and his securities in £500 each, for
his future good behaviour.

Resolved, That Mr Easton, Mr John Ashe and Mr Gorham, be a
committee to inquire into the Cargo and Crew of the Transport
lately cast away to the Southward of Ocracock Bar, and make report
thereof to this Congress.

The Chaitman of the Committee of Accounts reported as follows,
viz.

That it appears to your Committee that Jonathan Jacocks, Execu-
tor of the last will and testament of Charles Jacocks, deceased,
exhibited the accounts of the deceased for furnishing the Edenton
District of jMilitia with rations at different times, to the amount of
£1008 16s. 8d. for which he produced vouchei's, and lodged with
your Committee.

That it further appears to your Committee, that there is a charge
by the executors of the said deceased for two provision carts for
each company, amounting to £503 which is not mentioned in the
deceased man's book.

Your Committee further report that it does not appear that any
waggon master was appointed to the said militia, for want of which,
and the death of Mr Jacocks happening before his accounts could
be finished, it was impossible for his representatives to produce the
vouchers required by law.

Your Committee therefore pray the direction of the House on the
above charge for provision carts.

The House taking the said report into consideration,

Resolved, That the Committee do allow for the said provision
carts accordingl}'.

The Congress adjourned till tomorrow morning 10 o'clock.

Saturday. Deceml>er 14*, 177<).

Met according to adjournment.

Peter Lopoolc, Esq., being about to settle in the city of Amster-
dam, to negotiate American business there by way of consignment,

COLONIAL RECORDS. 969

Resolved, That this State will consign to the said Peter Lepoole,
such tobacco, or other commodities of this country, as they may
have occasion to send to Amsterdam, for the produce of the manu-
factories of Holland.

Resolved, That Mr Jonas Johnston, Mr Rogers and Mr Robeson,
be a committee to take under consideration the petition of a num-
ber of soldiers in Wake County, under the command of Capt. James
Jones, of the Light Horse, and make report thereof.

Ordered, That Samuel Willits a prisoner on j:)arole in New Han-
over County, be adjaitted to return to Brunswick County, on his
entering into security for his future good behaviour in the sum of
£300.

Read the petition of John Lowry, setting forth, i&c, praying
relief,

Resolved, That Mr Surges, Mr Samuel Ashe and Mr Thomas
Williams, be a committee to consider the said petition, and make
report to this House.

The House taking into consideration the Bill of Rights and the
same being read and debated jiaragraph by paragraph, was amended,
and j^assed as the first reading of the House.

The order of the day being read, the House proceeded to the con-
sideration of the Constitution; which was read, amended and
passed at the third reading of the House. «

Resolved, That the House take into further consideration the
Constitution to this State on Monday next.

Resolved, That Henry Montfort be permitted to export staves in
the sloop Willing Maid, Capt. Collins, to any of the French, Dutch
or Danish Islands in the West Indies, to the amount of the value of
1000 bushels salt lately imported into this State, he entering into
bond with the Commissioners to vest the nett proceeds of .such
staves in salt, arms, ammunition and other warlike stores, to be
imported into this State, the dangers of the sea excepted.

Resolved, That Henry Montfort be permitted to export Staves in
the Sloop Savage, Capt. Cricket, to any of the French, Dutch or
Danish Islands in the West Indies, to the amount of the A'alue of
300 Bushels of Salt, 500 wt. of Gunpowder, lately imported into this
State, he entering into Bond with the Commissioners to vest the nett
Proceeds of such Staves in Salt, Arms, Ammunition and other War-
like Stores, to be imported into this State, the Dangers of the sea
excepted.

970 COLONIAL RECORDS.

The Committee appointed to examine into the Accounts of Matthew
Ramsey reported as follows, viz.:

Your Committee have examined the accounts of Matthew Ram-
sey,, and heard Evidence of the same. It appears to your Cemmittee
that the said Matthew Ramsey's accounts are just, and that the
Rations tlierein charged were actually delivered to the Public, and
are further of Opinion the said Complaint is utterly groundless, and
unsupported by any testimony whatsoever.

The House taking the said Report into consideration, concurred
therewith.

Read the Petition of Richard Blackledge, .Jun., setting forth that
he has always been a sincere Friend to the American Cause, but
that he had never signed the Association, which was the means (as
set forth in the said Petition) as he conceives, of his' being injuriously
pointed out as a Person to be dealt with under a late Resolve of the
Council of Safety, praying the Congress to admit of Testimony of
his Character and Innocence.

Resolved, Tiiat Richard Blackledge, Jun., apipears to this House
to be free from all suspicion of Disaffection to the cause of American
Freedom, and that he be acquitted from the charge exhibited against
him b}' the Committee of Craven County.

Ordered, That Mr Dupree, Mr Alexander and Mr Picket have
L^ave of Absence from this House.

Resolved, That General Person, Mr Seawell, Mr Coor, Mr Neale,
and Mr Bright be a Committee to examine into the State of the Salt
Works erecting at Core Sound, and to settle the accounts with the
Commissioners of such works, and make Reports to this Plouse.

Resolved, That .John Waldon be allowed the sum of £28 for a
mare bought for the service of the Public, and delivered to Capt.
Edmund Hatch, of the Light Horse, on an Expedition to C\ipe Fear;
that the Treasurers, or cither of them, pay him the same, and be
allowed in their Accounts with the Public.

The Congress adjourned till Monday morning 10 o'clock.

Monday, December lO'", 177('>.

Met according to adjournment.

The returning Officer for the County of Orange having certified
that Mr Thomas Burke, Mr Nathaniel Rochester, Mr Alexander
Mebane, Mr John Butler, and ]\Ir John M'Cabe, were duly elected
Delegates for the said County, to sit and vote in this present Con-

COLONIAL RECORDS. 071

gress, in the Room and stead of the late Delegates, whose Election
was set aside by a Resolution of this House, the said Mr Burke,
Mr Rochester, Mr Mebane and Mr Butler appeared, subscribed the
Test, and took their seats in Congress.

Whereas the Sheriffs of some counties in this State have collected
5s. 4d. as the Public Tax for 1774, while those of other counties
have collected only 4s. 4d.

Resolved, That such Sheriffs as have made collections in Part at
the Rate of 5s. 4d. proceed to finish them in that manner; and then
that they, and also such Sheriffs as have already completed their
collections at the Rate of 5s. 4d. be, and they are directed to settle
and account with the Treasurers for 5s. 4d. and that those who have
collected 4s. 4d. be, and they are directed to settle and account with
the Treasurers for 4s. 4d. And that equal justice may be done to
the different counties in this State,

Resolved, That the Treasurers certify to the General Assembly at
their next meeting what counties have paid 5s. 4d. and what 4s. 4d.;
that in laying any future Public Tax such counties as have paid
only 4s. 4d. may be taxed Is. extraordinary.

Resolved, That Mr Daniel Mallet be appointed Commissary to
the 4"" Regiment of Continental Troops raised in this State, in the
Room and stead of Mr Ransome Southerland, who has resigned.

The Order of the Day being read for taking into consideration
the Form of Constitution,

Resolved, The same be deferred till To-morrow morning.

On motion the House proceeded to take into further consideration
the Bill of Rights to this State; which were read, and passed as the
Second Reading.

On th-e Petition of Elizabeth Pope, setting fortii her Distresses, &c.,

Resolved, That Jacob Pope, now a Prisoner at Stanton Town, in
Augusta County, A'irginia, Ipe permitt'ed to return to the County of
Edgecombe in this State, he taking an Oath to the State, and enter-
ing into Bond with Security in the sum of £500 on his arrival in
this State, for his future good Behaviour.

Resolved, That Mr Maclaine, Mr Harnett, Mr Neale, Mr Luke
Sumner, Mr Easton, Mr Thomas Williams, Mr Hewes and Mr
Respis, be a Committee to inquire into the conduct of Capt. Ander-
son, stationed at Ocracock Bar, and the complaint of the Pilots
there, what number of Pilots may be necessary at each Port; and
to examine Evidence, and make Report to this House.

972 COLONIAL RECORDS.

Ordered, That Mr Hewes, Mr Samuel Ashe, and Mr Gorham, be
added to the Committee of Ways and jNItans for supplying this State
witli Salt, &c.

Resolved, That all the Prisoners of War now in this State be
conveyed under Guard to Philadelphia, in order to be exchanged
for other Prisoners belonging to the American Army, in General
Howe's Camp and elsewhere.

Whereas b}' a Resolution of the Continental Congress, Prisoners
of War were allowed at the Rate of two Dollars per week for tlieir
subsistence ; wherefore

Resolved, That the Treasurers, or eitlier of them, pay such Prison-
ers as have not already received the same, the said allowance up to
this time, and that a Report be made to the General Congress of
the sums so paid and to whom the same were paid.

Resolved, That Col. Long return a Honst', Saddle, and Bridle to
Lieutenant Francis Frazier, that were taken from him on his first
coming to Halifax.

Resolved, That the Rev. .John Debow be allowed £15 10s. for
acting as chaplain to Col. Butler's Detachment of Militia, on an
expedition to Cross Creek against the Tories, and that the Treasurers
or either of them, pay the same, and be allowed in their accounts
witli the public.

Upon the complaint of Robert Hogg, and Samuel Campbell,
merchants in Wilmington that the Commissioners of Cumberland
County, who were impowered to take inventories of the estates of
Tories, had prevented George Mylne, partner of the said Hogg and
Campbell in Cross Creek, from disposing of their effects in his pos-
session,

Resolved, That the said Robert Hogg, Samuel Campbell and
George Mylne, or any of them, may dispose of their effects in what
manner tliey choose.

Resolved, That Mr Abbot, Mr Harnett, General Person, Mr Amis,
and Mr Lock be a Committee to devise a more effectual way for
apprehend ing deserters.

Ordered, That Mr Rowan be added to the Committee to settle
and report ujion Mr Lock's accounts.

Ordered, '1 hat Mr Harper and Mr Sharpe be added to the Com-
mittee to take into consideration tlie petition of a number of soldiers
of Wake Countv, &c.

COLONIAL RECORDS. 973

jNIr Martin Pfifer, wlio was appointed one of the connnissioners
for carrying on the Iron ^^"orks in Cliatham County, resigned.

Resolved, That the said Martin Pfifer be allowed the sum of £6
for his attending 12 days as a commissioner to the Iron Works in
Chatham County; that the Treasurers, or either of them, pay the
same, and be allowed in their accounts with the Public.

The Congress adjourned till To-morrow Morning 10 o'clock.

Tuesday, December 17'*", 1770.

Met according to adjournment.

Resolved, That Mr Christopher Neale, Mr Edward Starkey, and
Mr James Blount, be comnjissioners to procure and buy Anchors,
Guns, Rigging and Canva.ss, for the Gallies building in Virginia,
with Power to take what may be necessary from the Public Stores.

Ordered, That a negro confined in Halifax Gaol, the Property of
Hardewell Davis, be delivered to him, he paying the charges of his
Imprisonment.

Resolved, That Mr Maclaine, Mr Samuel Ashe, Mr Avery, Mr
Thomas Bourke, Mr Nash, and Mr Thomas Jones be a committee
to take into consideration a complaint of Mr Joseph Hewes and Mr
Robert Smith, and prepare a Remonstrance to the General Congress
and Assembly of the State of Massachusetts Bay, &c., and make
report to the House.

Resolved, That Mr jNIaclaine, Mr Samuel Ashe, ]Mr Avery, j\Ir
Thomas Bourke, Mr Nash, and ]\Ir Thomas Jones, be a committee to
consider of and prepare the Business necessary to be done by this
Congress, and make report to this House.

Resolved, That Lemuel Ely be appointed a Captain in tlie 7""
Regiment of tlie Continental Army to be raised in this State, com-
manded by Col. James Hogan, in the room of Green Bell, resigned,
and John Moore, First Lieutenant in the said Capt. Eh''s Com|)any,
in the 7'"' Regiment of the Continental Army.

Mr John APCabe, one of the Delegates for the County of Orange,
appeared and took his seat.

The House taking into consideration the Bill of Rights, and the
same being read Paragraph by Paragrapli, was amended, jiassed
and ordered to be engrossed.

The Order of the Day being read, the House proceeded to con-
sider the Form of tlie Constitution to this State, and after having
spent some time therein, ;

074 COLONIAL RECORDS.

Resolved, The House do tomorrow morning enter on further con-
sideration of the said Constitution.

The Congress adjourned till To-morrow morning 9 o'clock.

Wednesday, December IS"', 1776.

Met according to Adjournment.

Resolved, That Mr Surges, ]\Ir Battle, Mr Frazier, Mr .Jacob
Hunter and Mr Hall be added to the Committee to devise a more
effectual way for apprehending Deserters.

Ordered, That Daniel Davenport, a soldier in the 5"" Regiment,
commanded bj' Col. Edward Buncombe, be discharged from his six
months' Inlistment in the said Regiment, and which expired 21"
day of November last, provided that this Order shall not prejudice
any claim the Officer may be able to make appear by indifferent
Testimony of any Inlistment for a longer time.

The Committee appointed to re-examine and- settle the Accounts
of Col. Irwin, reported that the said Committee had drawn up the
same, which was laid before the Hou.se, and being read, was rejected.

Ordered, That Col. Henry Irwin be directed to appear before the
next Assembl}', to answer such charges as may then be exhibited
against him with'respect to the settlement of his accounts last Con-
gress, and that Mr Elisha Battle and Mr Elias Ford, of Edgecombe
County, be appointed Commissioners to examine and procure" Testi-
mony for and again.st the .said Col. Irwin, and make Report of tlieir
Proceedings to the next Assembly.

Tlie Order of the Day being read, tlie Hou.se j)roceeded to take
under further consideration the Form of a Constitution to this State,
when the same was read Paragrapli by Paragraph, amended, pas.sed,
and ordered to be engrossed.

Resolved, That a fair and correct co])y of the said Constitution
and Bill of Riglits, and signed liy the President and Secretary, be
transmitted to Mr James Davis, Printer of this State, with directions
that he do immediately print and distribute a number of copies to
each county in this State.

William Heath, of Newbern, whci was charged witli Toryism and
being unfriendly to the Rights of America, appeared before the
House.

Ordered, That he be I'eferred to the Committee of hupiiry lor
examination.

The ('(ingress adjourned till To-morrow morning 10 o'clock.

COLONIAL RECORDS. 975

Thursday, December 19"', 1776.

Met according to adjournment.

Resolved, That Mr Philemon Hawkins be allowed the sum of
£47 10s. for boarding Governor Martin's servants and feeding his
Horses, to be paid out of the money arising from the sale of said
Horses, and that Col. Long pay him the same, and take his receipt
for such money.

Information having been made to this House that the sum of
£100 5s , part of £2,000 paid last Congress to Mr Council and Mr
Richardson, at the time of his death was taken by his Murderers,

Resolved, That t-lie Committee of Accounts be ordered to inquire
into the Facts, and report them to the House, with their Opinion
thereon.

On the Petition of .John Ryley, and several of the Inhabitants of
the County of Orange, submitting the said John Ryley to the mercy
of the Congress, for certain misdemeanors therein mentioned, the
House considering the same, and finding it certified that in the late
Expedition against the Cherokee Indians he served and behaved as
a good and useful soldier,

Resolved, That the said .John. Ryley, .Jun., be received into the
protection of this State agreeable to the prayer of the said Petition.

Resolved, That .James Salter be appointed Commissary of the 2"'^
Regiment of Continental Troops raised in this State, in the room of
Robert Salter, who resigns.

Resolved, That James A'aughau be appointed Captain in the 7"'
Regiment of the Continental Army of this State, in the room of
Josiali Cotton, resigned; Allen Ramsey First Lieutenant in Captain
James Vaughan's Company, of the 7"' Regiment; .Joshua Daily,
First Lieutenant in Capt. John Poynter's Company, of the 7"' Regi-
ment, in the room of William Snowden, resigned ; and Arthur
Sledge, Ensign in .James Macon's Company, of the 7'*" Regiment, in
the room of James JMyrick, resigned

Resolved, That no salted Pork, Beef or Bacon be exported out of
this State, until the expiration of six months: Provided always.
That an}' person importing Salt, Arms or Amnumition into this
State shall be allowed to ex[iort Pork, or any other commodity, of
the Growth and Produce thereof, to the value of such Salt, Arms or
Ammunition imported; and that the Commissioners or Collector of
everv Port see this Resolve carried into execution.

976 COLONIAL RECORDS.

It appearing to this House that many articles necessarj- to the
support of this State cannot Ije procured, unless Permission is given
to export Lumher, therefore,

Resolved, Tliat the Inhabitants of this State, and the People of
all such Countries as are not subject to the Kings of Great Britain
and Portugal, be permitted to export Staves and Heading to any
Port or place beyond the Seas, the Dominions of the said Kings of
Great Britain and Portugal only excei>ted.

Resolved, That Mr Isaac Gregory, Mr William Ferrebe, and Mr
Abner Harrison, do let or rent out, in the month of January next,
at public Vendue, the Plantations and other Estates not perishable
of Thomas Macknight and James Parker, laying in tlie Counties of
Pasquotank and Currituck, for the term of one year, and make
return of their Proceedings to the next General Assembly.

Resolved, That Mr John Ashe, Mr Harnett, Mr Sharpe, and Mr
Neale, be a Committee to inquire into the petition of the Reverend
John Wills, and make report to the House.

The Committee appointed to consider the petition of John Lowry,
Attorney for a certain Jonathan Davis, of Ma.ssachusetts Bay, re-
ported as follows, viz. :

It appears to your Committee from the confession of Southworth
Collier, ma e before the Committee of Pasquotank County the o"'
day of June last, against whom the said petition was exhibited, and
from sundry pai:)ers produced before your Connnittee, that on or
about the month of March, 1775, the .said Jonathan Davis cliartered
a certain vessell called the Ilnnnah from a certain Barnabus Hedge,
and jilaced and appointed the said Southworth Collier Captain
thereof, on an intended voyage from Boston to North Carolina,
thence to the West Indies, and back to Boston again; that the said
Collier did not complete the intended voyage, but deviated therefrom,
without Intentions so to do, and hatli lately sold the said vessi'l and
changed the Register thereof, with design, as your Committee con-
ceive, to defraud the said Davis. From all which circumstances,
your Committee arc of Opinion the Interposition of this Hou.se in
Favour of said Davis, is necessary to compel the .«aid CoHiei' to give
security fur reparation of damages, and re.-<toring of said \'essel.
All whieli is Iiumbly submitted to the Hou.se.

DFMSEY BURGESS, Chair".

The House taking the said rept)rt into consideration concurred
therewith.

COLONIAL RECORDS. 977

The House resumed the consideration of the report of the Com-
mittee fo whom was refoi'red the most speedj' method of embodying
5,000 of the mihtia of this State, agreeable to a resohition of tlie
Continental Congress, and the same being read, was rejected.

The Committee of Inquiry I'eported as follows, viz :

Your Committee having examined William Heath of Newl)ern,
Innholder, and upon hearing Evidence, it appears that the said Will-
iam Heath, at divers Times, and in different places, hath made use
of Expressions tending to dissuade the good people of this State from
opposing the measures of the British King to enslave America, and
that the said Heath hath been at two different times apprehended, and
had before the County and Town Committees at Newljern, and that
the said Heath, behig considered as an Enemy to this State, the
Oath prescribed by the Council was administered, since which he
hatli continued to behave himself disorderly.

Your Committee are therefore of Opinion that the said AVilliam
Heath be removed from this Town to some County not lesstlian 100
miles from Xewbern, there to remain twelve months, and that he
take an Oath to tliis State, and in mean time be of good beliaviour.
All which is submitted to tlie House.

THOMAS JONES, Chair".

The House taking the said report into considei'ation, concurred
therewith

Resolved, That the said William Heath be parrolled to the
County of Northampton, and that he remain within six miles of the
Couj't Llouse in -said County for and during the Term of twelve
months from this day.

The Congress adjourned till tomorrow morning !0 o'clock.

Friilay, December 20'", 1770.

Met according to adjournment.

The House taking into consiileration the neces.sitv of appointing
Delegates to attend the Continental Congress in behalf of this State,

Resolved, That William Hooper, Joseph Hewes, and Thomas
Bourke, Escjuires, be and they are appointed Delegates to attend the
Congress of the L'nited States of America, in behalf of this State,
until such time as the General Assembl}' shall direct; and the)' are
invested with such Powers as may make any Act done by them, or
VOL. X — 02

97S COLONIAL RECORDS.

any of them, or consent given, in the said Congress, in behalf of
this State, obligatory upon every Inhabitant thereof.

Resolved, That William Hooper, Joseph Hewes, and Thomas
Bourke, Esquires, Delegates appointed by this Congress to attend
the General Congress at Philadelphia, or such other Place as may
be appointed, be allowed at the rate of 2,000 Dollars each per annum
for performing such services, to be paid by the Public Treasurers, or
either of them, who are irapowered to draw on the Continental
Treasurj- for the same, and shall be allowed in their accounts with
the Public.

Mr John Cooper appeared in Congress, and resigned his Appoint-
ment as Commissary to the two independent companies stationed
on the Sea Coast at Occacock and ^Yhite Oak Inlets.

Resolved, That Mr William Sharpe be allowed the sum of £()7 for
very essential services rendered this State in the late Expedition
again.st the Cherokee Indians in the Brigade under General Ruther-
ford; that the Treasurers, or either of them, pay him the same, and
be allowed in their accounts with the Public.

Ordered, Tliat Mr Wiight, Mr Birdsong, Mr Willis Alston, and
Mr Parmerle have Leave to absent themselves from the services of
the Congress.

The House being informed of the distressed situation of Patience
Cooper, of Watauga, with eight small children, whose Husband was
lately killed in a scouting Partjf against the Indians,

Resolved, That the said Patience Cooper be allowed the sum of
£100 for the subsistence of herself and children; that the Treasurers,
or either of them, pay her the same, and be allowed in their accounts
with the pul)lic.

It being represented to tlie House that Isaac Bates and Riehai'd
Flutcher, of Watauga, in a late expedition against the Indians,
received wounds which occasioned each of them to lose an arm,
whereby they are rendered incapable of getting their livelihood,
and that they are objects of public bounty,

Resolved, That the said Isaac Bates and Richard Flutcher be
allowed each the sum of £15 per annum.

That the Treasureis, or either of them, pay the same on their
producing certificates from any three of the Justice's of the Count)'
or settlement in which they reside, that they are objects of public
bounty; and that the said Treasurers pay them immediately their
first annual allowance.

COLONIAL RECORDS. 979

The House being informed that Jarrat Williams, who was settled
near the Indian country, had left the same, and sacrificed the
greatest part of his property to give intelligence to the frontier
inhabitants of this State of the hostile intentions of said Indians,

Resolved, That the said Jarrat Williams be allowed the sum
of £100 in consequence of his meritorious services rendered this
State.

That the Treasurers, or either of them, pay him the same, and
be allowed in their accounts with the public.

Resolved, That such horses as were lost on the Cherokee expe-
dition, by unavoidable accident, killed, stole or taken by the enemy,
shall be paid for by the public, provided the owner or driver shall
make oath that they were not left designedly, or lost by reason of
neglect or want of care, and that due pains were taken to recover
them ; and that this be instructions to the committee appointed to
examine the claims for said horses.

Resolved, That Mr Wade, Mr Battle and Mr Love, be a commit-
tee to re-examine the accounts of Mr Charles Medlock, and make
report to the House.

Resolved, That the ensuing Assembly shall be held at Newbern,
in tlie Count}^ of Craven, on the 2'^ day of April next.

JSIr Maclaine, from tlie committee to consider of and prepare tlie
business necessary to be done by this Congress, laid before the
House an ordinance for appointing a Governor, Council of State,
and Secretarj', until next General Assembly.

Ordered, The said ordinance be read. Read the same the first
time.

Ordered, The said ordinance be read a second time. Read the
san^e a second time, amended, passed.

Ordered, The said ordinance' be read the third time. Read the
same a third time, amended, passed and ordered to be engros.sed.

The Congress Adjourned till tomorrow morning 9 o'clock.

Saturday, December 21", 1776.
»
Met according to Adjournment.

Ordered, That Jacob Blount, Esq., Paymaster to -the Continental

Troops of this State, be directed to settle the accounts, and pay any

ballance that may appear to be due to James Blount, Esq., late a

Captain in that service.

980 COLONIAL RECORDS.

Resolved, That Asail Gregory, Solomon Oakly and Demsey
Gregory, be allowed the sum of £2 for apprehending and convey-
ing to headquarters two deserters belonging to the Continental
army; and that the Treasurers, or either of them, pay the same.

Resolved, That Barnabas Stephens be allowed the sum of £7 for
apprehending and conveying to Head Quarters seven Deserters
belonging to the Continental Army; and that the Treasurers, or
either of them, pay the same.

Resolved, That John Maclaine be allowed the sum of £3 10s. the
balance due him for apprehending five Deserters and delivering
them at Head Quarters; and that the Treasurers pay him tlie same.

Resolved, That Solomon Glass and Thomas Price be allowed ■20s.
for taking up and conveying to Head Quarters a Deserter belonging
to the Continental Army, and that the Treasurers or either of tliem
pay the same.

Resolved, That Thomas Owen be allowed the sum of £4 for taking
up four Deserters, and conveying them to Head Quarters, belonging
to the Continental Army; and that the Treasurers, or either of tliem
pay the same.

This House having received Information that the hoi'se, saddle
and briille taken from Lieutenant Francis Frazier, and ordered to
be returned to him, are now employed in tlie Public Service, there-
fore,

Resolved, That the Treasurers, or either of tliem, pay the said
Frazier the sum of £35 for the horse, and £o for saddle and bridle.

Resolved, Tliat Capt. Dickenson be appointed and authorized to
conduct the Prisoners of War now in this State to - - - , Pennsyl-
vania, and deliver them to the (_)rder of the Continental Congress,
and that the Treasurers, or either of them, advance him the sum of
500 dollars, to enable him to perform tliis service, and that his
Excellency the Governor be requested to certify the namj.^s of the
Prisoners, and give a letter of credence to the said Cajit. Dickenson,
in behalf of this State.

Resolved, That Thomas Jones and Thomas Benbury, Ksqrs., be
appointed Commissioners to take the depositions of Emperer I\Io.seley,
late master of the Brigantine ./o.sy;)//, taken by a Privateer belonging
to the State of Massachusetts Bay, and such Seamen and Mariners
belonging to the said Brig as may have returned to this State, in
order that such Depositions may be annexetl to the Remonstrances

COLONIAL RECORDS. 081

ordered by this House to be sent to the Generiil Congress and Assem-
b]}^ of Massachusetts Bay.

Kesolved, Tliat Col. Nicholas Long, Quartermaster General for
the Continental Troops in this State, in consideration of the great
duty he has to perform, be allowed to draw 80 dollars per montli for
his pay.

Resolved, That Col. Nicholas Long, Quartermaster General for the
Continental Troops in this State, 1 e allowed to appoint an Assistant
Quarter Master.

Resolved, That Mr Christoph'er Neale, Mr Edward Slarkey, and
Mr .James Blount, Commissioners appointed b}' this House to pro-
cure and purchase Anchors, Guns, Rigging and Canvass for the
Gallies building in Virginia, for the protection of the Trade of Occa-
cock, be impowered to draw on either of the Treasurers of this State
for a sum not exceeding £2000 to answer the above purposes, and
that they give bonds for the faithful application of the same, to the
President of this Congress.

Whereas, the manufacturing muskets and bayonets are absolutely
necessarj' for Defence and Protection of this State, and in order that
Gunsmiths may be the better enabled to carry on such manufactory,

Resolved, That there shall be paid to the person or persons who
shall manufacture muskets and bayonets, of the description men-
tioned in the Resolve of the last Congress, out of the Public Treas-
ury, the sum of £6 for every musket and bayonet so manufactured.

Mr Maclaine from the Committee to consider and prepare the
Business necessary to be done by this Congress, laid before the House
an Ordinance to appoint certain Commissioners to revive the Statutes
and Acts of Assembly heretofore in Force and Use in North Caro-
lina, and to prepare Bills for the consideration of the next Assembly,
wliich was read.

Ordered, The said Ordinance be read a second Time. Read the
same a second Time, amended and passed.

Or(iered, The said Ordinance be read a third Time. Read the
same a third Time, amended, passed, and ordered to be engrossed.

Mr Thomas Jones, from the Committee &c., laid before the House
an Ordinance for appointing Collectors at the Ports of Currituck,
Roanoke, Bath, Beaufort, and Brunswick, which was read.

Ordered, The said Ordinance be read a second Time. Read the
same a second Time, amended and passed.

982 COLONIAL RF.CORDS.

Ordered, The said Ordinance be read a third time. Read the
same a third Time, amended, passed, and ordered to be engrossed.

Mr Thomas Jones, from tlie Committee &c., laid l>efore the House
an Ordinance to secure the Titles of Cliurch Lands and Houses of
Public Worship to the Proprietors thereof, and cjuiet them in the
peaceable Possession of the same, which was read.

Ordered, The said Ordinance be read a second Time. Read the
same a second Time, amended and passed.

Ordered, The said Ordinance be read a third time. Read the same
a third Time, passed, and ordered td be engrossed.

Mr Thomas Burke, from the Committee &c., laid before the House
an Ordinance to enable certain Inhabitants of certain counties
therein mentioned, and the District of Washington, which was read.

Ordered, The said Ordinance be read a second Time. Read the
same a second Time, amended and passed.

Ordered, The said Ordinance be read a third Time. Read the
same a third Time, amended, passed, and ordered to be engrossed.

Mr Jones from the Committee &c., laid before the House an Ordi-
nance to impoAver the Governor to issue a Proclamation, requiring
all Persons who have at any time, by taking xVrms against the
Liberty of America, adhering to, comforting or abetting the Enemies
thereof, or by words disrespectful, or tending to prejudice the Inde-
pendence of the United States of Anterica, or of this State in partic-
ular, to come in before certain Days therein mentioned, and take an
Oath of Allegiance and make submission, on Pain of being con-
sidered as Enemies and treated accordingly, which was read.

Ordered, The said Ordinance be read a second Time. Read tlie
same a second Time and pas.sed.

Mr Thomas Jones, from the Committee itc, laid before the House
an Ordinance for revising, enforcing, and putting into Execution so
much of an Act of Assembly, pas.sed at Newbern the 19"" day of
March, 1774, intitled An Act for establishing Inferior Courts of Pleas
and Quarter (Sessions in this Province, and for regulating the Pro-
ceedings therein, etc., which was read and passed.

Mr Burke, from the Committee, etc., laid before the House an
Ordinance for ascertaining the mode of Balloting, and the number
of days for taking the poll, at all future Elections for members to
serve in the Senate and House of Commons, wliich was read and
rejected.

COLONIAL RECORDS. 983

Mr Avery, from the Committee, etc., laid before the House an
ordinance declaring what shall be Treason, and for punishing the
same, and other crimes and practices against the State, which was
read.

Prdered, The -same be read a second time Tomorrow morning.

Mr Avery, from the Committee, &c., laid before tlie House an
Ordinance declaring certain practices misdemeanors against the
State, and for punishing the same, which was read.

Ordered, The said Ordinance be read a second time Tomorrow.

Mr. Thomas Jones, from the Committee, ifec, laid before the House
an Ordinance to establish Courts for the trial of criminals in each
district within this State, and for vesting in the several Inferior
Courts the power of appointing .Jurymen for the said district Courts,
and constituting Judges to preside therein, which was read.

Ordered, The said Ordinance be. read the second time Tomorrow.

Mr Samuel Ashe, from the Committee, &c., laid before the House
an Ordinance to establish and iuforce the Statute Laws, and such
parts of the Common Law of Great Britain, heretofore in use here;
also to inforce such resolves of the Continental Congress, and the
Congress of this State, which have not had their effect, wliich was
read.

Ordered, The said Ordinance be read again Tomorrow.

Resolved, That the Committee appointed to settle the Accounts of
of Mr Matthew Locke be discharged.

It appearing to the House that there was an Error of £3 in Grif-
fith Rutherford's Account rendered last Congress at Halifax, in
Favour of the Public,

Resolved, That the Treasurers, or either of them, pay him the
same, and be allowed in their Accounts with the Public.

Resolved, That Cornelius Harnett, Escp, be appointed Vice Presi-
dent of this Congress. .

Resolved, That John Doak be permitted to retire at Cross Creek
for the space of two months, at the Expiration of which to return
on his parole, and that he virtually observe the Indulgence given him
by Congress

The Committee appointed to examine the Accounts of Charles
!Medlock reported as follows, viz.:

Your Committee, on due Examination of the Vouchers to the
said Accounts, find that there remains due to the said Charles Med-
lock, for the payment of the Battalion under his command in the

984 COLONIAL RECORDS.

Expedition to "Wilmington in May last, tlie sum of £od 14s. 6cl.,
whicli your Committee humbly submits to the House.

The House taking the said report into consideration, concurred
therewith.

The Committee appointed to enquire into the cargo and crew of
the Transport Brig, Capt. Bishop, lately cast away to the Southward
of Occacock Bar, reported as follows, viz. :

Your Committee reported that the Brigantine Aurora, John Bishop
Commander, sailed from Portsmouth in England, the 19"" of Sei>
tember last, in the service of the King of Great Britain, as a Victual-
ling A'^e.ssel, in company with 16 .sail in the same Business, under the
convoy of the Mermaid Frigate, and two armed ships,- bound for
New York. That the cargo of the said Brig consisted of Beef, Pork,
Bread, Flour, Pease, Oatmeal, Rice, Raisins, Rum, Butter, Vinegar,
&.C., for the use of the Navy at New York.

That on the night of the 11"' of November last the said Brig was
stranded on the Sea Shore, about 12 miles to the South West of
Occacock Inlet, where she bilged, and the Cargo greatly damaged,
Part whereof hath since been collected together, and is now stored
at Beaufort, under the care of Capt. Enocli "Ward, of the Independent
Company stationed there.

That the Cargo saved, agreeable to Invoice produced by Capt.
Ward, amounts in Value to near £1000, great Part of whicli Articles
are [lerisbable, and will require a .speed}' sale.

That the master of said Brig is now in Halifax, under tlie care of
Gajit. Ward, and the mate and five men are at Beaufort Town, in
Carteret County. JOHN ASHE, Chair.

The House taking into consideration the said Report,

Resolved, That the Court of Admiralty proceed immediately to a
trial of said Brigantine and lier cargo, and that the Captain and such
of the Mariners as refuse to enter into the service of this State, or any
merchant Vessel thereof, be sent to I'hiladelphia after the payment
of their wages.

The Committee appointed to consider of Wa_ys and Means for
furnishing the Inhabitants of this State with Salt, reported as fol-
lows, viz. :

Your Committee are of Ojiinion that Mess. Thomas Williams and
Jolin Blount be a])pointed Agents for tliis State, to proceed imme-

COLONIAL RECORDS. 985

diatel_y to the Island of Bermuda, and any Island or Islands in the
West Indies, the Dominions of Great Britain only excepted, with
discretionary Power to purchase, or otherwise agree for, and send in
any Quantity of Salt which the Governor and Council shall direct.

That the said Age-nts shall consign all such Salt as the\^ shall pur-
chase, or otherwise agree for, to such Commissioner or Commissioners
as shall be ajipointed by the Governor and Council at tlie different
Ports in this State to receive the same; and such Commissioners
shall proportion all such cargoes of Salt as shall be imported into
this State to the number of Inhabitants thereof, and shall permit
no more to be sold to any one County in this State than in Propor-
tion of the Inhabitants of such Count}^ And in order to ascertain
the number of Inhabitants, the said Commissioners shall estimate
the same by the Lists returned by the Committees to the President
of the late Congress; and where none suth have been returned, by
the last list of Taxables taken in such county respeclivel)', allowing
for each Taxable the number of four souls. And the Commissioners
shall give notice to the several Counties of this State, upon the
Arrival of any cai'go or cargoes of Salt, setting fortli the Quantity
proportioned to such County, and if the Salt allotted for an}' County
shall not be taken away by the Inhabitants thereof within a Term,
to be computed at the Rate of three Days for every 20 miles the
Court House of the County may be distant from the Place where the
Salt shall be, (such Term to commence ten Days after notice shall
be given at the said- Court House) the said Commissioner or Com-
missioners shall be impowered to sell the same at Public Sale, after
giving 20 Days' notice at the place where the Salt shall be; provided
that the Governor and Council shall have Power to prolong the
Term if they shall think it necessary or expedient. And that the
said Agents, or either of them, have power to draw on the Treasury
of this State for any sum not exceeding 6250 Dollars, for the Purpose
aforesaid.

Your Committee are further of opinion, that if a sufficient quan-
tity of salt cannot be sent to this State without insuring the vessels
in which it comes, that the said agents shall have full power to
insure for that purpose, on tlie best terms, to tlie amount of £10,000
on the faith and credit of this State.

It is further the opinion' of your Committee that his Excellency
the Governor, with the advice of the Council of State, shall give
such directions, from time to time, to said agents, as shall appear to

986 COLONIAL RECORDS.

be necessary for the purpose aforesaid, and recall them when thought
proper.

It is further the opinion of your Committee, that the said agents
each give bond with security to his Excellency the Governor for
and in behalf of this State, in the sum of £10,000 for the faithful
discharge of the trust reposed in them, all which is humbly sub-
mitted by j^our Committee.

The House taking the said report into consideration, concurred
therewith.

The Committee appointed to inquire into the conduct of Corsamo
DeMedeci, Lieutenant of the 3"''* Company of Light Horse on tlie
Continental service in this State, reported as follows, viz,

It apjjears to your Committee, from information of Captain .Jones
that he is haughty, imperious and neglectful of duty; and froui the
testimony of John Mcllroy, Randel Robison, Samuel Thomison
and Howell Rowell, that tlie said DeMedeci, since the resignation of
James Jones, Capt. of the said compan}', hath received from the
paymaster the pay for his soldiers, which he hath withheld from
them, and on application for the same pleads inability; that he is
in debt to many of them, for money actually borrowed; that he
hath frequently lent and Jiired out many of the horses belonging to
the Company, bj' means whereof they are much abused; that he is
much addicted to gaming, and hath sported away near £lOO belong-
ing to the public; that he seldom attends any jiublic duty; that he
treats his soldiers with great inditference and inhumanity.

It is tl)erefore tlie opinion of your Commi;tee, that the said Cor-
samo DeMedeci ought immediately be tried by a Court Marshal, on
the accusations aforesaid, and tliat the commanding officer be served
with this re.silvc, all which is liunibly submitted.

W» SHARPE, Chair.

The House taking the said report into consideration, concurred
therewitb.

The Committee appointed to inquire into the state of tlie Salt
Works carrying on near Core Sound, at Newport River, in Carteret
County, and for settling the accounts of the commissioners, &c.,
reported as follows, viz.

That Mr Richard I'lackledge hath purchased 15 acres of Land,
situate at the mouth of Core Creek, for the purpose of carrying on

COLONIAL RECORDS. ~ 987

the business of making salt, that a deed of conveyance was taken
by the said Bkxckledge, as Commissioner in Trust for tlie use of the
Public of this State.

It also appears to your Committee that the said Ricliard Bkiclv-
ledge hath received fro nT the Southern Treasurer £1,000 and that
the said Blaclcledge hath expended of tlie said sum, for the purchase
of the kind, Labour and Workmen, Provisions, Tools, Boats, Kettles,
and other Articles necessary, and for liis services, the sum of £906 5s.
to the SO"" of November last, as per the account on Oath, and sev-
eral vouchers produced, will appear; that a balance remains in the
hands of the said Blackledge of tlie sums of £101 15s. lOd.

That one set of works is" nearly compleated the same is well exe-
cuted, and that three kettles are put up in a proper Furnace for tlie
purpose of boiling and making salt.

That the foundation of the Salt Pond and the Works is of good
claj', and capable of very extensive additions, and in all probability
will answer the purposes intended, and will, if properly managed,
produce great Quantities of that very useful Article, Salt.

Upon the whole your Committee are of Opinion that a proper
Person be immediately appointed to superintend and carry on said
Works, in the mo.st effectual manner, and that such further sum as
this House may think sufficient be advanced, as Occasion may
require, for tliat purpo.se. All which is humbly submitted.

CHRIST^ NEALE, Chair".

The House taking the said re[iort into consideration, concurred
therewith.

Mr Blackledge then appeared and made the following Proposals
to the Congress, to wit:

Proposals made by Richard Blackledge, respecting carrying on
the Public Salt Works at the mouth of Core Creek, on his own
Private Account :

That if this Honourable Congress will extend the time for the
payment of the premium, to be ]iaid to any Person who shall make
a certain quantity of salt, that was passed at Hillsboi'ough, six
months longer, and will give the said Blackledge a draught on the
Continental Treasury for £1,500, thi,s,sum shall also be laid out as
soon as possible for erecting more Salt Works, both by Boiling and
Evaporation, and he shall have the Salt Pans that's now making for

988 - COLONIAL RECORDS.

this Province wlien tliey arrive, on paying tlie first cost and Expences
on them.

The above sum of £1,500 with tlie sum of £1,000 ah-eady received
from the Treasurer of the Southern District the said Blackledge will
give bond and security to repay to this State in 12 montlis from the
receipt of it, free of interest.

The said Blackledge will oblige him.self his Heirs, &c., to build
a w.ire house sufficient to hold 1,000 bushels of Salt, and will deliver
to Commissioners to be appointed for that Purpose, the first 30,000
Bushels he shall make, at 8s. Proc. Mouey per Bu.shel.

The said Commissioners shall receive the salt at an\' time when
there is 100 bushels ready to be delivered and give a receipt for the
same, on proper Notice from said Blackledge, or Ins agents, that it
is ready to be delivered; and he shall sell none at a higher price
than 8s. per Bushel to anj^ of the Inhabitants of this State during
this War, and if the said Blackledge discovers any vacant Lands on
Newport River or Core Creek, from whence wood can be got to help
to supply the boiling works with wood, on his entering in the Secre-
tary's Office the Quantity and Location of the Lands, and paying
the cost of securing the same when the Land Office is Opened, shall
be entit'.ed to the Preference of the same.

The foregoing propo.sals being read and considered in this House,

Resolved, That they be agreed to, and that the lands purchased
bj' said Blackledge shall be vested in him, his Heirs and Assigns.

The Congress adjourned till tomorrow morning 0 o'clock.

Sunday, December 22'', 177G.

Met according to adjournment.

Ordered, That no more monej' be 'advanced to William Kennon
than has been already paid him, in consequence of his bond, with
Abner Nash Security, dated the __ daj^ of December, 1776, for the
sunrof £10,000, the said Abner Nash declaring that he meant to be
security for no more than the sum already advanced to him, £2,000.

Resolved, That Jacob Justice be allowed the sum of £15 Gs. to
enable him tamake recompence to the surgeon which cured him of
wounds whicli he received in the late expedition against the Indians;
and tliat the Treasurers, or either of them, pay him the same.

Ordered, The ordinance for the better establishing the Bill of
Rights, &c., be read the .second time. Read the same a second time,
and rejected.

COLONIAL RECORDS. 989

Ordered, The ordinance to impo\ver the Governor to issi>e a proc-
himation, &c., be read a third time. Read the same a tliird time,
amended, passed and ordered to be engrossed.

Ordered, The ordinance to enforce the Statute Laws, &c., be read
a second time. Read the same a second time and passed.

The Chairman of tlie Committee of Claims laid before the House
the report of that committee, which were read and concurred
with.

Resolved, That Mr .James !N[ills be allowed the sum of £S for his
attendance at this Congress, in order to give information respecting
the Iron Works in Chatham County; that the Treasurers, or either
of them, pay liim the same, and be allowed in their accounts with
the public.

Ordered, The ordinance to enforce the Statute Laws, &c., be read
a third time. Read the same a third time, amended, passed, and'
ordered to be engrossed.

Resolved, That Francis Lynaugh be allowed the sum of ,£10 for
his attendance at this present Congress; that the Treasurers or either
of them, pay him the same, and be allowed in their account! with
the public.

Resolved, That Solomon Sheppard be appointed Commissary to
the two Independent Companies stationed at Occacock and Core
Sound, in the room of John Cooper, resigned, and that he enter
into bond for the faithful discharge of his said ofhce.

Resolved, that the Treasurers or either of them, pay into the hands
of Zedekiah Stone, the sum of £140 to enable him to purchase
guns for the use of the troops in this State; and that the said
Treasurers be allowed in their accounts with the public.

Resolved, That Jacob Barrow be appointed first Lieutenant in
Capt. Henry Dawson's Company of the 7"" Regiment, Benjamin
Baily, second Lieufc-nant, and Hudson Whitaker, Ensign of the same
Company.

Resolved, That Abraham Daws be ai^pointed Adjutant to the 7"'
Regiment of Continental Troops in this State.

Mr Jones from the Committee, etc., laid before the House an
ordinance for appointing certain commissioners therein named to
procure a Great Seal for this State, and other purf.oses therein men-
tioned laid the same before the House which was read.

Ordered, The said ordinance be read a second time. Read the
same a second time, amended and passed.

990 COLONIAL RECORDS.

Ordered, The said ordinance be read a third time. Read the
same a third time, passed and ordered to be engrossed.

Mr .Tones from the Committee, &c., laid before the House an
ordin-jnce directing the qualification of members of the General
Assembly aad public officers, which was read.

Mr Abbot laid before the House an Ordinance to regulate the
marriages in this State until the next session of Assembly, which
was read.

Resolved, That in all suits and actions now depending, or which
hereafter maybe commenced for any matter where the cause of
action shall have hereto ''ore arisen, or may arise before the end of the
next session of Assembly, the depositions of any witness or witnesses,
taken before two Justices of any Inferior Court, in presence of the
adverse palfty, or his Agent, if upon notice he thinks fit to be pres-
ent, or upon notice he refuses to be present, the notice being proved,
ought to be received as good Evidence in any of the Courts of this
State viliich may be established, provided such witness or witnesses
cani:ot be had at the trial of the Cause in which such depositions
shall'be taken ; and that this Resolve shall be in force until the End
of the next .session of As-sembl}*, and no longer.

Resolved, That Richard Cogdell, Esq., be appointed Judge of the
Court of Admiralty for the Port of Beaufort, in this State.

Resolved, That Lancelot .Johnston be appointed Chirurgeon to
the !J" Regiment.

Resolved, Tliat Col. Benjamin be restored to the Command of the
Militia of the County of Tyrrell in the room of Clement Cook.

Resolved, Tliat George Powers be appointed Paymaster to tlie
Independent Company on the Sea Coa.st, stationed at Currituck
Inlet.

Resolved, That Jolm Plummer be allowed £') the balance due
him for his attendance on the Council of Safety as Doorkeeper; and
tliat the Treasurers, or either of them, jiay him tlie same.

Resolved, That Thomas Amis be apjwinted Commissary of the
S"" Regiment of Continental Troops in this State, instead of William
Amis, resigned ; and that tlje Treasurers, or eitlier of them, advance
to him the sum of <£'2000, he giving Bond and Security, etc.

Resolved, That John IJishop, heretofore master of the Brig Aurora,
lately .stranded on tlie Sea Coast of this State, on taking the Oath
of Allegiance, be enlarged and permitted to dejiart in any ship or
vessel belonging to this State, or any State in Alliance.

COLONIAL KECOKDS. 991

Resolv^ed, That the sum of £741 13s., paid into the Committee of
Accounts by the Southern^Treasurer, and the sum of £124 l(3s. (3d.,
paid l)y the Northern Trea.surer in ragged and old bill money, be
burnt tliis alternoon by a committee of the Avhole House.

It also api^ears, by the Report of said Committee, that the South-
ern Treasurer has paid into the hands of said committee £6716 19s.
on the Sinking Fund, and the Northern Treasurer £989 14s. on the
same Fund.

Resolved, The aforesaid two sums, amounting in the whole to
£7706 13s., be borrowed, and placed in the hands of Samuel John-
ston, Esq., to be applied to defray the contingencies of this State.

Ordered, The Ordinance for appointing .Justices of the Peace and
Sheriffs, etc., be read a second time. Read the same a second time,
amended and j.iassed.

Ordered, The said Ordinance be read a third time. Read the
same a third time, amended, passed and ordered to Ije engrossed.

Mr Burke, from the committee, ifec, laid before the House an
(])rdinance for supplying the Public Treasury with money for the
exigencies of this State, &c., which was read.

Ordered, Tire said ordinance be read a second time. Read the
same a second time and passed.

Ordered, The said ordinance be read a third time. Read the
.same a third time, amended, passed, and ordered to be engrossed.

Ordered, The ordinance to establish Courts for the trial of crimi-
nals in each district, etc., be read a third time. Read the same a
third time, amended, passed' and ordered to be engrossed.

Mr Coor laid before the House an ordinance for the appointing a
Treasurer for the Southern District, in the room of Richard Caswell,
Esq., which was read.

Ordered, The said ordinance be read a second time. Read- the
same a second time and passed. '

Ordered, The same be read a third time. Read the .same a third
time, amended, passed and ordered to be engrossed.

MrMaclaine laid before the House an ordinance declaring who
shall be Oovernor of this State until the end of the session of the
next General Assembly, in case of the deatli, resignation or absence
of his Excellency Richard Caswell, Esq., aj^pointed Governor by
tiiis Congress, which was read.

Ordered, The same be read a second time. Read the same a
second time, amended and passed.

99-2 COLONIAL RECORDS.

Ordered, The same be read a third time. Read the same a third
time, amended, pas.«ed, and ordered to be engrossed.

Ordered, Tlio ordinance declaring certain practices misdemeanors
against tlie State, and for punishing the same, be read a second
time. Read the same a second time, amended and passed.

Ordered, The same be read a third time. Read the same a third
time, amended, passed and ordered lo be engrossed.

Ordered, An ordinance concerning marriages, be read the second
time. Read the same a second time, amended and passed.

Ordered, The same be read a third time. Read tlie same a third
time, amended, passed and ordered to be engrossed.

Resolved, That such Commissaries of the Continental Army as
have settled with the public, and accounted for such monies as they
have heretofore received for the use of the troops, shall receive from
the Treasurers £1000 together with such sums of money as are now
due to them from the public.

Ordered the ordinance directing the qualification of members of
the General Assembly, and all othcers civil and military, be read a
second time. Read the same a second time, amended and passed.

Ordered, The said ordinance be read a third time. Read the
same a third time, amended, passed and ordered to be engrossed.

The Congress adjourned till To-morrow morning 9 o'clock.

Monday, December '2o'', 1 /7G.

Met according to gdjournment.

The Committee appointed to inquire into the best method of car-
rying on the Iron Wtjvksin Chatham ('ounty, &c., reported as follows:

That John Wilcox and William England, of Chatham County,
have received from the Commissioners ajipointed by the Congress
held at Halifax in the month of A]>ril last, the sum of £500, to
secure which the said Wilcox and England liavo, by I\Iortgage, bear-
ing Date the 20'" dav of June, 1770, and bv a Bond in the Penaltv
of £'2000, .secured the Public for the Repayment of the said sum,
and by the said Bond also covenanted and agreed to proceed with
Dispatch in compleating tlie Furnace on Tick Creek in said County,
and putting tlic^ same fti Blast, and should not only with the utmost
Expedition couq)leat the said Furnace, and put the same in filast,
but should at all Times tliereafter, when in Blast, furnish to the
Provincial Founder such (Quantities df melting Metal as from Time
to Time, and at all Times duriig two vears, when it should be

COLONIAL RECORDS.

wanted ur required for the casting of Camion, Balls, or such other
Castings as might be found necessary for the service of the Couutrj',
at the Price that cast L'on then should bear, deducting therefrom
the charge of casting.

That in order to carry on the founding Business to advantage,
your Committee lind it necessary that the following Houses should
be built, and the following Articles provided for that and other Pur-
poses to wit: A Casting House, 2U Feet square, a Pottery 24 Feet by
18, a Dwelling House and convenient Out-Houses for the Manager
or Superintendent, Artificers and Labourers; also a boring Mill,
with an undershot Wheel, as near as possible to the Casting House,
Locks, Hinges and Nails, Tools and Bedding for the Negroes, a Bed
and Furniture for the Manager, and otlier necessary Furniture in
the House, and Bedding and Necessaries for the AA'orkmen.

That a founder of Cannon and Cast h'on Ware in all its Branches,
and a Founder of Cannon Ball and 0{)en Work, are already pro-
vided by Order of the Council nf Safety. That a House Carpenter
and Blacksmitli will be wanted, and a Turner must be employed for
some months to turn molds and Patterns of Ordnance and Cannon
Ball, and Tools for tlie several mechanics will be wanted, also a
Waggon and Team, for the jjurpose of hauling in heavy Pieces of
Timber and Framing, and that it will l)e most eligible to hire such
Waggon.

That twelve slaves, including a woman and boy, are necessary for
carrrying on the Foundry. Provisions and Salt must be in.stantly
provideif by Persons on the spot, and a large Beam, Scales and
Weights, must be supplied.

It appears to your Connnittee that there is a large body of rich
Ore, sutficioit for Ages in ^'aeant Land, large Bodies of vacant land
to supply charcoal. Pit Coal and Hearth Stone on the lands which
are sa d to be the Proi)erty of Herman Husbands, about S or 10
miles from the Furnace. It is said but not sufficiently authenti-
cated, that there is Plenty of Lime Stone in the neighborhood.

That the F(aui(lers from Penn.sylvania arrived in this State the
15'" day of October last, since which it does not appear to your Com-
mittee that these men have been employed in the service for which
they were intended, owing in a great measure to the want of metal.
If the works are properly supplied with an able manager, necessary
Workmen and Labourers, and a sufHcient .sum of money, your Com-
mittee are of opinion that Iron Ordnance of One Ton W'eight and
VOL. X — (>:}

994 C(3L0NIAL RECORDS.

under, Cannon Ball, Iron liollow Ware (including Pots, &c.) Chim-
ney Backs, Cast Dogs, and every other Article in that species of
Manufactory, necessary for the Inhabitants of this State may be sup-
plied.

That it would be of great advantage to the Inhabitants of this
State if a Slitting and Rolling Mill was erected for the purpose of
preparing Iron for nails. Plates for Salt Pans, &c , and Your Com-
mittee have been informed that a Model of one hath been purchased
by one of the Continental Delegates of this State, and that its
Arrival may be daily expected.

It appears to your Committee that the Furnace in Chatliam
County would be ready to be put in Blast, with a sufficient Head of
A\^ater, in fourteen days from the 4"" da}' of November last.

Your Committee find that the Land on which the Furnace is
situated, and which is mortgaged to the late Commissioners, con-
tains 15 acres and 52 Poles, but though it appears that the mortgage
Premises and the bond herein before mentioned, are very sufficient
to secure the Public for the money advanced, and the hire of c'9
Negroes for one year, Yet your Committee are of opinion" that the
deeds from the said Wilcox and England to the Commissioners con-
tain no degree of security for supplying the immediate exigencies of
the Public, no Penalty being incurred by Wilcox and England for
delay or refusal to comply with their Agreement, nor are tlie Com-
missioners impowered to sell tlie mortgaged Premises before the ■20"'
day of June, in the year of 1778; so that although the Public
should receive no advantage from the Furnace during that mterme-
diate space of Time, No remedy could be sought for. Upon consid-
ering all the Facts and circumstances before mentioned, your Com-
mittee liave come to the following Re.solutions :

Resolved, That as the necessary addition and Improvement to be
made at and near the Furnace will be attended with considei'able
Expence to the Public, the property of Wilcox and England should
be purchased, even at the loss of a few Hundred Pounds, if it is
liossible to procure it.

Resolved, Tliat the lands contiguous to the Furnace, the property
of William and Thomas Craves, containing between 12 and 1300
acres, ^» Inch they hold by deed, as also about 300 acres, which they
claim under an Iniprnvement, and all the lands of I'alaam Thomp-
son, adjoining to that on which tlie Furnace stands, and all other

COLONIAL RECORDS. 995

lands which are private property, and may be beneficial to the
Founding Business, should be purchased for the use of the Public.

Resolved, That no vacant land within 10 miles of the Furnace
should hereafter be granted by virtue of any Improvement or Settle-
ment hereafter to be made, until the General Assembly shall lay
out and ascertain what may be necessary for the use of the Furnace
and other Iron "Works.

Resolved, That the lands which are said to be the property of
Herman Husbands, on which there is Pit Coal, Hearth Stone, &c.,
be purchased, or otherwise secured for the use of the Public.

Resolved, That if John Wilcox and William England refuse to
part with the mortgaged premises, it will be necessary to make a
new Agreement with them, for the term of at least ten years, that
the Public may be indemnified for the expences which must neces-
sarily be incurred.

Resolved, That if they will neither sell their property, or enter
into a new Agreement, it will be necessary to preclude them from
using any Ore or Timber from the vacant lands, or any other lands
for which a legal Title hath not been obtained.

Resolved, That it will be highly advantageous to this State to
erect another Furnace, and if no Purchase can be made from, or
Agreement with Wilcox and England, such Furnace should be
erected on Rockey River, about three or four miles from the present
Furnace.

Resolved, That if Balaam Thompson's land can be purchased,
the necessary additional Buildings should be erected thereon, other-
wise in such Place as the Commissioners shall direct.

Resolved, That the sum of £1000 be paid bj^ the Treasurers, or
either of them, to the Commissioners hereinafter named, to be by
them laid out and expended in Bnilding.s, paying Workmen, and
providing Provisions and necessaries of all kinds, and for paying a
manager his Salary and Expences hereinafter mentioned, and also
for erecting an additional Furnate and AVorks.

Resolved, That Mess. Robert Rowan, .Jeduthan Harper and Philip
Alston be, and they are hereby appointed Commissioners to purchase
such Lands as may be necessary, and see that the different Resolves
herein before and after mentioned are carried into Execution, and
tliat Mr James Mills be. and he is liereby appointed Manager of the
Foundry and all Parts of the said Works, excepting only that of
supplying the Founders with melting Metal, while the said Wilcox

99(; COLONIAL RECORDS.

and England continue to perform their agreement; and that the said
James Mills be allowed the sum of £150 per annum for his services,
exclusive of his Board, Lodging and Expences, when the Public
Business requires him to apply to the Commissioners for Money or
Instructions for carrying on the said Works, or any other Matter
relative thereto, in which the Public may be benefitted.

Resolved, That all Persons employed in the said M'orks be
exempted from all Public Duties whatsoever.

Resolved, That the Commissioners aforesaid do give security in
the sum of £2000, payable to tht (^lovernor and his Successors, for
the due Discharge of their duty ; and that the said Manager do give
security in the sum of £2000 for the faithful Discharge of the Trust
reposed in him, which Bond must be made paj^able to the Governor
and his Successors. All which is submitted to tlie House.

A. M'LAIXE,
MIAL SCURLOCK,
THOMAS JONES,
CORNELIUS HARNETT,
NOAH HINTON.

The House taking the .said Report into consideration, concurred
therewith.

Mr Jones from a Committee to take into consideration a etmiplaint
of Joseph Hewes and Robert Smith, Esqrs., and to i>repare a Remon-
strance to (he General Congress and Assembly of Ma.ssachusetts Bay,
laid the said Memorial and Remonstrances before the House, which
were read, agreed to, and arc as follows, viz. :

The memorial of the State of North Carolina, to tlie Delegates of
the United States of America in Congress assembled, shewetli

That about twelve months past. Mess. Joseph Hewes and Robert
Smith, of Edenton, merchants and free citizens of fhis State, loaded
a certain Brigantine called the Joxcplt, under tlie command of
Emperor Moseley, and sent lier to Cadiz in Sjiain, where she was
detained until the 10"' Day of October by British Ships of War
which cruized ofi'the said Port. That on tlie 11"' Day of November
last she, the said Brigantine, being on lier ivturn to Edenton with
3000 Bushels of Salt, a (Quantity of Wine, Jesuits P>ark, and other
Articles of a very considerable ^'alue, was seized and made a Prize
of by a Privateer belonging to Boston, in the State of Massachu.setts
Bay, named the Eafjir, and commanded by Brazilla Smith, luul said

COLONIAL RECORDS. 997

to be the Property of Elijah Freeman Paine, as by the Depositions
hereunto annexed will appear.

That the said Capture appears to this State to be a direct \'^iola-
tion of the Peace and Union of the United States, and contrai'y to
the Laws of all civilized Nations in general, and to the Rights of
the citizens of this State in particular. This State, ever watchful
over the Rights of its Members, expects tliat strict .Justice will be
done in the, Premises, either by the Captors or the State of Massa-
chusetts Bay, and have no doubt but the Delegates of the United
States will eflfectaally interpose to have .Justice done injured Citizens,
and to punish those atrocious Violators of all J^aw and Justice,
whose Avarice and Rapacit^y, if not timely checked, cannot fail to
be attended with the most fatal consequences to the American
Laiion.

The Memorial and Remonstrances of the State of North Carolina
to the Sta,te of Massachusetts Ba\', represents —

That on the 11"' day of November last a Privateer named The
Ear/Ir, commanded by Brazilla Smith, and said to be the Property
of Elijah Freeman Paine, and belonging to Boston, in the said State
of Mas.sachusetts Bay, did upon the high Seas make Prize of a certain
Brigantine named the JosepJt, the Property of Messrs. .Joseph Hewes
and Roljert Smith, citizens of the said State of North Carolina, and
commanded by Emperor Moseley; which Brigantine was loaded
with "Wine, .Jesuits Bark, Salt, and other Articles of considerable
Value, and was on her passage to Ed^nton, in the State of North
Carolina aforesaid, as by Depositions hereto annexed will more fully
appear.

The aforesaid Capture being contrary to the Law of Nations, and
in direct Violation of the Peace and LTnion of the United States and
the Rights of the citizens of the State of North Carolina, the said
State expects that the State of Massachusetts Bay will cause Inquiry
to be made concerning the Premises, and make effectual Provision
against such Violence, and also cause full Restoration and Indemni-
fication to be made to the said .Joseph Hewes and Robert Smith for
their Brigantine and Cargo, and the Damage occasioned by the
capture aforesaid.

The Committee appointed to re-exarmine Captain William Shep-
pard's Account, reported as follows, to-wit:

008 COLONIAL RECORDS.

It appears to your Committee that the said Captain Shepjiard, and
the men under his command, are only entitled to Pay, on the ISer-
vice of the Indian Expedition as a Light Horse Company, for 92
Days, including the Time between the 23'''' August to the 22"'' of
November inclusive.

Captain William Sheppard's Allowance, 92 Days, £57 10s.; Lieu-
tenant do. 92 do. £48 6s. ; Cornet do. 92 do. £36 6s. ; 29 Privates do.
92 do. £667 ; John Pratt and Bar between them 88 do. £22 ; John
Hayse & Hyde do. 91 do. £22 15s.; Jeremiah Harrison, 52 do. £i3;
James Short, 51 do. £12 15s.; John Denningham, 51 do. £12 15s.
Amounting to £891 17s., which your Committee apprehend ought
to be paid to the said Sheppard, and the Men under his Command.

Your committee are of opinion that the commissary's account
ought to be re-examined, that rations for 39 days have been allowed
over and above what they ought to have drawn, and that -there is
an error of £315 18s., all wliicli is humbly submitted.

THOMAS PERSON, Chair".

The House taking the said report into consideration concurred
therewith.

Resolved, That Richard Quince, Esq., be appointed Judge of the
Court of Admiralty for the port of Brunswick, in this State.

Resolved, That James Childs be parroled to the county of Chowan,
ami that he remain within limits of said county until further
orders.

Resolved, That John Carter be Colonel, John Sevier, Lieutenant
Colonel, Chai'les Robeson 1"' Major, and Jacob Womack 2"'' Major,
for the Di.striet of V/ashington, and that tlie commissions issue
accordingly.

Resolved, That Col. John Carter be supplied with 200 wt. of gun
powder from the magazine in Halifax, for the defence of the District
of Washington, and Mr Christophor Dudley is hereby directed to
furnish him with the same.

Resolved, That a sum of money, allowed by the Committee of
Claims to Robert Gillie.s, attorney for James Gammell and Com-
pany of Great Britain, lie in the Treasury until the I^egislature
shall otherwise direct.

Resolved, That Mr Matthew Lock, Paymaster of the Salisbury
District, pay 20s. per day for such waggons employed in the service

COLONIAL RECORDS. ODO

of this State on the hite expedition against tlie Clierokees, as carried
IGOO wt.

Resolved, That Richard Burt and Cln-istopher Dudley, Tobacco
Inspectors of Halifax, be continued until the next Inferior Court of
Halifax County, under the same rules, restrictions and regulations
directed by the Act of Assembly, entitled, An Act for amending the
staple of tobacco.

Resolved, That the sum of £2,00U be paid to the delegates from
the District of Salisbury, and by them paid in such Proportions as
they shall think necessary to such i>ersons as have claims on account
of the Western Expediton against the Indians; that the Treasurers,
or either of them, pay the same, Hnd that the Delegates give security
for such money, and be accountal^le to the Public.

Resolved, That no Attorney shall hereafter be allowed to plead or
practice in any Court of Record in this State, until he shall have
first taken the Oath appointed by Ordinance of this Congress to be
taken by Public Officers,

Resolved, That the persons who were authorized by the Courts
Martial or Boards Officers of the respective Counties hereinafter
mentioned to receive Ihe Salt taken for the Use of the public at
Cross Creek, and ordered to be delivered by Robert Rowan and
Peter Mallett, do pay for the Quantities by them respectively
received to the Public Treasurers of this State, or one of them, that is
to say, William Sheppard for the County of Surry, Williarii Gra-
ham for the County of Tryon, Thomas Polk for the County of ^leck-
lenburg, Hugh Montgomer}' for tiie first Battalion of Rowan County,
Christopher Beckman for the second Blattalion of the last mentioned
county, Thomas Wade for Anson County, William Moore for Orange
County, Ebenezer Folsome for Cumberland County, John Dickerson
for Granville County, John Paisley for Guilford County, James
Williams for Chatham County, and Joel Lane for Wake County,
and that the said persons who have received Salt as aforesaid have
notice to pay the same on or before the 2'^ dav of April, agreeable to
the bonds wliich they have respectively given for the payment
thereof.

The Committee appointed to inquire into the state and condition
of the Salt Works at or near Core Sound, in Carteret County, under
the management of Robert Williams, reported as follow.s, viz.:

1000 COLONIAL RECORDS.

That it appears by account rendered by said Robert Williams, on
his solemn affirmation, that he hath, including his own charge for
superintending and attendance on this Congress, &c., expended on
said Salt Works the sum of £85G 9s. lid.; that he has received from
the Public, by the Hands of Mr John Easton, the sum of £500, and
for sundry provisions, &c., to the amount of £24 10s., and agreeable
to the charges in the said account, a balance of £332 7d. is due to the
said Robert Williams for his own Labour, and wages to the people
he employed on the works, and material purchased for the purpose.

Your Committee are further of Opinion, from the best Infor-
mation they have procured that the said Salt Works s^re incomplete,
and not likely to answer the good Purposes intended, and that it
would not be prudent to be at any more Expence about them, until
a more perfect Inc[uiry can be made.

Your Committee are further of Opinion, that tlie Treasurers,
or either of them, be directed to pay unto Mr John Easton, the afore-
said Balance of £332 7d., in order that he may be enabled to pay
people employed on said Salt Works.

Finally it is the Opinion of your Committee that the said Robert
Williams deliver into the Hands of Mr John Easton, of the Town
of Beaufort, allthe Materials, Tools, and Utensils, he may have in
Custody, and purchased for said Works, and now to be found, to be
kept by said Mr John Easton, for the Use of the public until further
Orders. CHRIS^ NEALE, Cliair".

The House taking the said Report into consideration, concurred
therewith.

The Committee of Accounts reported as follows, viz. :
Capt. James Council exhibited to your Committee an Account of
the late Capt. Nathaniel Richardson, referred by the Plouse to your
Committee, by which it appears the said Richardson had received
from the Public £1000. That the said Richardson had about him
at the Time he was murdered, as appears to your Committee, the
sum of £110 5s. Public money, which from the best Information
your Committee are able to obtain, was taken by the nuxrderers of
the said Richardson; and that the Balance of £888 15s. ought to be
accounted for by the said James Council, together with the sum of
£1000 advanced by the Public to the said Council and Richardson,
to be accounted for by him out of the claims of the Bladen ]\Iilitia.

J. BRADFORD, Chair.

COLONIAL RECORDS. 1001

The House taking the said Report into considerati(?n, concurred
therewith.

Resolved, That the XllO 5s. talcen from Natlianiel Richardson be
allowed in the said Council and Richardson's Accounts with the
Public.

Resolved, That Willis Alston be apjiointed Colonel, Samuel Wel-
don Lieutenant Colonel, John Geddy First Major, and John "Whita-
ker Second Major of the Militia in the county of Halifax.

Resolved, That the Sheriffs of each County in this State, and also
the Sheriffs of Washington District, shall on the 1 0"' Day of March
hold an Election by Ballot for choosing one member of Senate, and
two members of the House of Commons to represent such County
and District, and also one Member of the House of Commons to rep-
resent each Town having a Right to Representation in the next
General Assembly.

It is further Resolved, That the Candidates of every County and
Town shall appoint Inspectors, and where there are no sheriffs, may
appoint a Returning Officer to take the Poll; and that every such ■
Sheriff or Returning Officer shall adjourn the Election from Day to
Day, not exceeding three Days, unless the Votes shall be sooner
taken in, or all the Candidates agree that the Poll shall be sooner
closed.

Resolved, That Nathaniel Rocliester, Esq., 1>e appointed Paymas-
ter of the Hillsborough Brigade of Militia, in the room of D"' Burke,
who resigned tlie said Office.

Resolved, That Nathaniel Rocliestcr, Esq., be added to tlie Com-
missioners for erecting a manufactory of Fire Arms in the District
of Hillsborough.

Resolved, That Col. John Carter, of Washington District, be
recommended to Mr Callowaj', the Agent for the State of Virginia
at Chiswell's Mines, to be sujiplied with 400 wt. of Lead, to be
charged by Mr Calloway to the account of this State.

Whereas, by the Death of Miles Harvey, Esq., late Clerk of the
Inferior Court of Perquimans County, that Office is become vacant,
and the Records and other Papers belonging to that County in .said
Office may be in some Danger for want of the care of some Person
to receive the same into his Posse.ssion, the efore

Resolved, That Mr William Skinnei'take into his care and keep-
ing all the Records and Papers belonging to said County in tlie

1002 COLONIAL RECORDS.

Clerk's Offic«, and that he act as Clerk to the said Court until some
other Person shall be appointed by the Justices of the Inferior Court.

Resolved, That j\Ir Thomas Robeson be impowered to hire gun-
smiths to repair all the guns now in his possession, that were taken
from the Tories in Bladen County, and are not fit for service, and
that he be allowed for the same.

It having been made to appear to this House, on oath, that there
was burnt, and totally destroyed, in the store house of Ransome
Southerland, the sum of £G7 9s. in dollar bills and proclamation
money.

Resolved, That the said Ranson:ie Southerland be allowed the
aforesaid sum of £67 9s. and that the Treasurers, or either of them,
pay the same out of the sinking fund, and be allowed in their
accounts.

Resolved, Mrs Cotton, wife of James (.'otton, of Anson County, be
allowed the profits of the plantation of the said James Cotton, and
the following negroes: Fanny, Phillis, Joan and a child, now in the
possession of Capt. Cliarles Polk; and that a negro fellow, named
Simon, be hired out for l)enefit of said family by the commissioners
for Torv estates.

Resolved also, That the saiil Cajit. Polk be directed to bring from
Mecklenburg County to the plantation of the said .James Cotton
the above negroes, which he removed from thence in March last.

Resolved, Tliat John Dunn be [uirolled to the county of Rowan
to remain within T) miles of the limits of the town of Salisbury till
furthei ordei's.

Resolved, That the public printer print and send by expresses one
copy of the Journals and Ordinances of this Congress to every
Delegate and Justice of the Peace in this state; provided that it
shall be sufficient that such as may be destined for the District of
Washington be delivered to Col. Martin Armstrong, in tlie county
of Surry.

Resolved, That Mr Christopher Neale, Mr James Green, Jr., and
Mr James Glasgow, be appointed a committee to state the accounts
of this State with tlie United States, and deliver the same to the
Governor certified under their hands, or the liands of a majority of
them, and that the (Governor do transmit the same to the Con-
tinental Congress.

i

COLONIAL RECORDS. 1003

Resolved, That tiie thanks of this House be given Richard Cas-
well and Cornelius Harnett, Esqrs., for their able, faithful and pub-
lic spirited services, as President and Vice-President of this Congress.

Resolved, That Cornelius Plarnett, Esq., Vice-President of this
Congress, be authorized to sign the Journals thereof, and also all
Ordinances, not already' signed, when the .same sliall be engrossed;
and all such ordinances shall be as valid and effectual as if signed
in Congress. CORNELIUS HARNETT, President.

James Grken, Jux., Sec'ry.

A Declaration of Rights made by the Representatives of the Erec-

men of the State of North Carolina.

L That all Political Power is vested in, and derived from the
People only.

n. That the People of this State ought to have 'the sole and exclu-
sive Right of regulating the internal Government and Police thereof.

in. That no man or Set of men, are intitled to exclusive or sepa-
rate Emoluments or Privileges from the Community, but in Con-
sideration of Public Services.

IV. That the legislative, executive and supreme judicial Powers
of Government, ought to be forever separate and distinct from each
other.

V. That all Powers of suspending Laws, or the Execution of
Laws, by any Authorit}", witliout Consent of the Representative!* of
the People, is injurious to their Rights and ought not to b ; exercised.

VI. That Elections of members, to serve as Representatives in
General A.ssembly ought to be free.

VII. That in all Criminal Prosecutions every man has a Right to
be informed of the accusation against him, and to confront the
Accusers and Witne.sses with otiier Testimony, and shall not be
compelled to give Evidence against himself.

VIII. That no Freeman shall be put to answer any Criminal
Charge but by Indictment, Presentment or Impeachment.

IX. That no Freeman shall be convicted of any crime, but by
the unanimous verdict of a Jurv of good and lawful men, in open
Court, as heretofore used.

X. That exce.'^sive Bail should not be required, nor excessive Fines
imposed, nor cruel or unusual Punishments inflicted.

1004 COLONIAL RECORDS.

XL That General "Warrants, whereby any Officer or Messenger
may be commanded to search suspected Places, without Evidences
of the Fact committed, or to seize any Person or Persons not named,
whose Offence is not particularly described and supported by Evi-
dence, are dangerous to Liberty, and ought not to be granted.

XII. That no Freeman ought to be taken, imprisoned, or disseized
of his Freehold, Liberties, or Privileges, or outlawed or exiled, or in
any manner destroyed or deprived of his Life, Liberty, or Property,
but by the Law of the Land.

XIII. That every Freeman restrained of his Liberty is intifled to
a Piemedy to inquire into the Lawfulness thereof, and to remove the
same if unlawful, and that such Reniedy ouglit not to be denied or
delaj'ed.

Xn". That in all Controversies at Law respecting property the
ancient Mode of Trial by Jury is one of the best Securities of the
Rights of the People, and ought to remain sacred and Inviolable.

XV. That the Freedom of the Press is one of the great Bulwarks
of Liberty, and therefore ouglit never to be restrained.

XVI. That the People of this State ought not to be taxed, or made
subject to the Payment of any Impost or Duty, without the consent
of themselves, or tlieir Representatives in General Assembly, freely
given.

XVII. That the People have a Right to bear Arms for the Defence
of the State, and as Standing Armies in Time of Peace are danger-
ous to Liberty, they ought not to be kept up, and that the military
should be kept under strict Subordination 'to, and governed by the
Civil Power.

XVIII. That the People have a Right to assemble together, to
consult for their common Good, to instruct their Representatives,
and to apply to the Legislature for Redress of Grievances.

XIX. That all men have a natural and unalienable right to wor-
.ship Almighty God, according to the dictates of their own con-
.sdences.

XX. That for redress of grievances, and for amending and
strengthening the laws, elections ought to be often held.

XXI. That a frequent recurrence to fundamental principles is
absolutely necessary to preserve the blessings of liberty.

XXII. That no hereditary emoluments, privileges, or lionours,
ought to be granted or conferred in this State.

COLONIAL KPXORDS. loor,

XXIII. That perpetuities and ]nonoi)olies are contrary to the
genius of a free State, and ought not to be allowed.

XXIV. That retrospective laws puni.shing acts committed before
the existence of such laws, and bj' them only declared criminal, are
oppressive, unjust and incompatible with liberty, wherefore no
ex post facto law ought to be made.

XX^'^. The property of the soil in a free government being one of
the essential rights of the collective body of the 23eople, it is neces-
sary, in order to avoid future disputes that the limits of the State
should be ascertained with precision: and as the former tempoi'ary
line between North and South Carolina was confirmed and extended
by commissioners, appointed by the Legislature of the two States,
agreeable to the order of the late King George 11. in Council, that
line, and that only, should be esteemed the southern boundary of
this State, that is to .say, beginning on the sea side at a cedar stake,
at or near the mouth of Little River (being the .southern extremity
of Brunswick County), and running from thence a north west course
through the boundary house, whicli stands in thirty three degrees
fifty six minutes to thirty five degrees north latitude, and from
thence a west course, so far as is mentioned in the Cliarter of King
Charles II. to the late proprietors of Carolina.

Therefore all the Territory, Seas, "Waters, and Harbours, with
their appurtenances, lying between tlie Line above described and
the Southern Line of the State of A'irginia, which begins on the Sea
Shore, in thirty six Degrees thirty Minutes North Latitude, and
from thence runs West agreeable to the said Charter of King Charle.'^,
are the Right and Property of the' People of this State, to l)e held
by them in Sovereignty: any partial Line, without the consent of
the Legislature of this State, at any Time thereafter directed or laid
out in any wise, notwithstanding. Provided always. That this
Declaration of Rights shall not prejudice any Nation or Nations of
Indians from enjoying such hunting Grounds as may liave bi-en, or
hereafter shall be secured to them, by any former or future Legisla-
ture of this State. And provided al;o. That it shall not be construed
so as to prevent the Establishment of one or more Governments
"Westward of this State, by the consent of the Legislature. And
provided further. That nothing herein contained shall efi'ect the
Titles or Possessions of Individuals, holding or claiming under the
Laws heretofore in force or Grants heretofoi'e made by the late King

1006 COLONIAL RECORDS.

George III or liis Predecessors or tlie late Lords Projirietors, or any
of them.

December the Seventeenth, one Thousand Seven Hundred and
Seventy Six, read the third time, and ratified in open Congress.

R^ CASWELL, President.

Jas. Green, Jun", Scc'y.

The Constitution or Form of Government, agreed to and resolved
upon by the Representatives of the Freemen of the State of^orth
Carolina, elected and Chosen for that particular Purpose in Con-
gress assembled, at Halifax, the Eighteenth Day of December, in
the year of our Lord One Thousand Seven Hundred and Seventy
Six.

Whereas Allegiance and Protection are in their Nature reciprocal
and the one should of Right be refused, when the other is with-
drawn; and whereas George the Tiiird, King of Great Britain, and
late Sovereign of the British American Colonies, hath not onlj'^
withdrawn from them his Protection, but by an Act of the British
Legislature declared the Inhabitants of these States out of the Pro-
tection of the British Crown, and all their projterty found upon the
High Seas liable to be seized and confiscated to the Uses mentioned
in the said Act. And the said George the Third has also sent Fleets
and Armies to prosecute a cruel war against them, for the Purpo.se
of reducing the Inliabitants of the said Colonies to a State of abject
Slaver)', in consequence whereof, all Government under the said
King within the said Colonies hath ceased, and a total Dissolution
of Government in many of them hath taken Place.

And whereas, the Continental Congress having considered the
Promises, and other previous Violations of the Rights of tiie good
People of America, have therefore declared, that the Thirteen Tnited
Colonies are of Right wholly absolved from all Allegiance to tlie
British Crown, or any other forei.n jurisdiction whatsoever: and
that the said Colonies now are, and forever shall l)e, free and inde-
pendent States. Wherefore, in our }>re.sent State, in order to prevent
Anarchy and confusion, it becomes necessary that Government
should be established in this State; therefore, we, the Representatives
of the Freemen of North Camlina, chosen and assembled in Con-
gress for the express Purpose of framing a Constitution under the
authority of the Peo[)le, most conducive to their Happiness and

COLONIAL RECORDS. 1007

Prosperity, do declare that a Government for this State sliall be
established in manner and Form following, to wit:

L That the legislative Authoritj^ shajl be vested in two distinct
Branches, both dependent on the People, to wit, a Senate and House
of Commons.

IL That the Senate shall be composed of Representatives annually
chosen by Ballot, one from each County in tiie State.

in. That tlie House of Commons shall be composed of Repre-
sentatives annually cho.sen by Ballot, two for each County, and one
for each of the Towns of Edenton, Newbern, IVilmington, Sali.sburj^,
'Hillsborough, and Halifax.

IV. That the Senate and House of Common.s, assembled for the
Purpose of Legi.slation, shall be denominated the General Assembly.

V. That each member of the Senate shall have usually resided in
the County in whicli he is chosen for one year immediately pre-
ceding his Election, and for the same time shall have possessed, and
continue to possess, in the County which he represents, not less than
Three Hundred Acres of Land in Fee.

VI. That each member of the House of Commons sliall have
usually resided in the County in which lie is chosen for one j'ear
immediately preceding his Election, and for six months shall have
possessed, and continue to possess, in the County which he represents,
not less than One Hundred Acres of Land in Fee or for tlie Term
of his own Lil'e.

y\l. Tliat all Freemen of the age of Twenty One Years, who
have been Inhabitants -of any one County within the State twelve
months immediately preceding the Day of any Election and pos-
sessed of a Freehold within the same County of Fifty Acres of Land
for six months next before, and at the Day of Election, shall be
entitled to vote for a member of the Senate.

^'III. That all Freemen of the Age of Twenty One Years who
have been Inhabitants of any county within the State twelve months
immediately preceding the Day of any Election, and shall have paid
Public Taxes, shall be intitled to vote for members of the House of
Commons for the county in which he resides.

IX. That all Persons posses.sed of a Freehold in any Town in this
State, having a Right of Representation, and also all Freemen wiio
have been Inhabitants of any such Town twelve montlis next before,
and at the Day of Election, and shall have paid Public Taxes, shall
be intitled to vote for a member to represent such Town in the

1008 COLONIAL RECORDS.

House of Commons: Provided always, That this Section shall not
intitle any Inhabitant of such Town to vote for members of the
House of Commons for the County in which he may reside, nor any
Freeholder in such County who resides without, or beyond the limits
of such Town, to vote for a member for said Town.

X. That the Senate and House of Commons, when met, shall
each have Power to choose a Speaker, and other their Officers, be
Judges of the Qualifications and Elections of their members, sit
upon their own Adjournments from Day to Day, and prepare Bills to
be passed in Laws Tlie two Houses shall direct Writs of Election
for supplying intermediate Vacancies, and shall also jointly, by Bal--
lot, adjourn themselves to any P^uture Day and Place.

XI. That all Bills shall be read three Times in each House before
they pass into Laws, and be signed by the Speaker of both Houses.

XII. That every Person who shall be chosen a member of the
Senate or House of Commons or appointed to any Office or Place of
Trust, before taking his Seat, or entering upon the Execution of his
Office, shall take an Oath to the State, and all Officers shall also
take an Oath of Office.

XIII. That the General Assembly sliall, by joint ballot of both
Houses, appoint .Judges of the Supreme Courts of Law and Ivjuity,
Judges of Admiralty, and Attorney General, who shall be com-
missioned by the Governor and hold their offices during good
behaviour.

Xn\ That the Senate and House of Commons shall have jjower
to appoint the Generals and Field Officers of the Militia, and all
officers of the regular army of this State.

XV. That tlie Senate and House of Connnous, jointly al their
first meeting after each annual election, .sliall by ballot elect a
Governor fur one year, who shall not be eligible to that tiffice longer
than three years in six successive years. That no person under DO
years of age, and who has not been a resident in this State above ■">
years, and having in the State a freehold in lands and tenements
above the value of one thousand poinids, shall be eligible as (iov-
ernor.

X\'l. That the Senate and House of ('omnious. jointly, at their
first meeting after each annual election, shall by ballot elect .«even
persons to be a Council of State for one year, who shall ailvise the
Governor in the execution of his office, and that four members shall
be a quorum; their advice and proceedings, shall be entered into a

COLONIAL RECORDS. 1009

Journal to be kept for that purpose only, and signed by the mem-
bers present, to any part of which any member present may enter
his dissent. And su eh .Journal shall be ]aid before the General
Assembly, when called for by them.

XVII. That there shall be a Seal of this State, which shall be
kept by the Governor, and used by him as occasion may require ;
and shall be called the Great Seal of the State of North Carolina,
and be affixed to all grants and commissions.

XVIII. The Governor for the time being, shall be Captain Gen-
eral and Commander in Chief of the Militia, and in the recess of
the General Assembly, shall have power, by and with tlie^advice of
the Council of State, to embody the militia for the public safety.

XIX. That the Governor, for the Time being, shall have power to
draw for and apply such sums of money as shall be voted by the
General Assembly for the Contingencies of Government, and be
accountable to. them for the same. He also ma}', by and with the
Advice of the Council of State, laj- Embargoes, or prohibit the
Exportation of any Commodity, for anj^ Term not exceeding thirty
Days at any one Time, in the Recess of the General Assembh*; and
shall have the Power of granting Pardons and Reprieves, except
where the Prosecution shall be carried on by the General Assembly,
or the Law shall otherwise direct, in which case he may, in the
Recess, grant a Reprieve until the next sitting of the General Assem-
blj'; and may exercise all the other executive Powers of Govern-
ment, limited and restrained as by this C'onstitution is mentioned,
and according to the Laws of the State. And on his Death, Inabil-
ity or Absence from the State, the Speaker of the Senate for the Time
being, and in Case of his Death, Inability or Absence from the State,
the Speaker of the House of Commons, shall exercise the Powers of
Governor after such death, or during such Absence or Inability of
the Governor or Speaker of the Senate, or until a new nomination
is made by the General Assembly.

XX. That in every case where any Officer, the Right of whose
appointment is by this Constitution vested in the General Assembh-,
.shall, during their Recess, die, or his Office by other means become
vacant, the Governor .shall have Power, with the Advice of the
Council of State, to fill up such vacancy, by granting a temporary
Commission, which shall expire at the end of the next Session of
the General Assembly.

VOL. x — 04

1010 COLONIAL RECORDS.

XXI. That the Governor, Judges of tlie Supreuje Court of Law-
and Equity, Judges of Admiralty, and Attorney General shall have
adequate .Salaries during their Continuance in Office.

XXII. That the General Assembly shall, by joint Ballot of l)oth
Hou.=es, annually appoint a Treasurer or Treasurers for this State.

XXIII. Tliat the Governor and other Officers offending again.st
tlie State, by violating any Part of t-his Constitution, Mai-Adminis-
tration, or Corruption, may be pi'osecuted on the Impeachment of
the General Assembly, or Presentment of the Grand Jury of any
Court of Supreme Jurisdiction in this State.

XXIV. That the General Assembly shall, by joint Ballot of both
Houses, triennially appoint a Secretary for this State.

XXV. That no Persons who heretofore have been or hereafter
may be Receivers of Public Monies, shall have a Scat in either
House of General Assembly, or be eligible to any Ofhce in this
State, until such Person shall have fully accounted for and "paid
into the Treasury all Sums for which they may be accountable ami
liable.

XXVI. That no Treasurer shall have a seat in cither Senate,
House of Common.s, or Council of State during his continuance in
that Office, ■ r before he shall have finally .settled his Accounts witli
the Public for all Monies which may be in his hands at the Expira-
tion of his Office, belonging to the State, and hath paid the same
into the Hands of the succeeding Treasurer.

XXVII. That no Officer in the regular Army or Navy in tlu'
Service and Pay of the United States of this or any other State, nor
any Contractor or Agent for supplying such Army or Navy with
Clothing or Provisions, shall have a seat in either the Senate or
House of Commons or (Council of State, or be eligible thereto; and
any Member of the Senate, House of Commons, or Council of State,
being appointed to, and accepting of such Office, shall tliereby
vacate his seat.

XXVIII. That no Member of the Council of State shall have a
seat either in the Senate or House of Commons.

XXIX. That no Judge of the Supreme Court of Law or Equity,
iir Judge of Admiralty, shall have a seat in the Senate, Hou.se of
Commons, or Council of State.

XXX. That no Secretary of this State, Attorney General, or Clerk
of any Court of Record, shall have a .■^eat in the Senate, House of
Commons, or Council of State.

COLONIAL RECORDS. 1011

XXXr. That no Clergyman or Preacher of the Gospel, of any
Denomination, shall be capable of being a member either of the
Senate, House of Commons or Council of State, while he continues
in the Exercise of the Pastoral I'unction.

XXXII. Tliat no person who shall deny the Being of God, or the
Truth of the Protestant Religion, or the divine Authority either of
the Old or New Testament, or shall hold religions Principles incom-
patible with the Freedom and Safety of the State, shall be capable
of holding any Office, or Place of Trust or Profit, in the civil Depart-
ment within this State.

XXXIII. That the .lustices of the Peace within their respective
Counties in this State, shall in future be recommended to the Gov-
ernor, for the Time being, by the Representatives in General Assem-
bly, and the Governor shall commission them accordingly; and the
•lustices, when so commissioned, shall hold their Offices during good
Behaviour, and shall not be removed from Office by the General
Assembly, unless for Misbehaviour, Absence, or Inability.

XXXR". That there shall be no Establishment of any one
religious Church or Denomination in this State in Preference to any
other, neither shall any person, on any pretence whatsoever, be com-
pelled to attend any Place of worship contrary to his own Faith or
.Judgment, or be obliged to pay for tlie Purchase of any Glebe, or
the building of any House of Worsliip, or for tlie maintenance of
any Minister or ^Ministry, contrary to what he believes right, or has
voluntarily and pei'sonally engaged to perform, but all persons shall
be at Liberty to exercise their own mode of Worship. Provided,
That nothing herein contained shall be construed to exempt
Preachers of treasonable and seditious Discourses, from legal trial
and Punishment.

XXXV. That no per.son in the State shall hold more than one
lucrative Office at any one Time. Provided, That no appointment
in the ]\Iilitia, or the Office of a .Justice of the Peace, shall be con-
sidered as a lucrative Office.

XXXVI. That all Commissions and Grants shall run in the name
of the State of North (. arolina and bear Test, and be signed by
the Governor. All writs sliall run in the same manner, and bear
Test, and be signed by the Clerks of the respective Courts. Indict-
ments shall conclude. Against the Peace and Dignity of the State.

XXX^"II. That the Delegates from this State to tlie Continental
Congress, while necessary, shall be clio.sen annually by the General

1012 COLONIAL RECORDS.

Assembly, bj' Ballot, but may be superseded in the mean time in
the same manner, and no j^erson shall be' elected to serve in that
Capacity for. more than three years successively.

XXXVIIL That there shall be a Sheriff, Coroner, or Coroners,
and Constable, in each County in this State.

XXXIX. That the person of a Debtor, where there is not a strong
Presumption of Fraud, shall not be continued in Prison, after deliv-
ering up, bona fide, all his Estate, real and personal, for the Use of
his Creditors, in such manner as shall be hereafter regulated by
Law. All prisoners shall be bailable by sufficient sureties, unless for
Capital Offences, when the proof is evident, or Presumption great.

XL. That every Foreigner who comes to settle in this State, hav-
ing first taken the Oath of Allegiance to the same, may purchase,
or by other just means acquire, hold and transfer. Land, or other
real Estate; and after one year's Residence, shall be deemed a free
citizen.

XLI. That a school or schools be established by the Legislature,
for the convenient Instruction of youth, with such Salaries to the
Masters, paid b}' the Public as may enable them to instruct at low
prices; and all useful Learning shall be duly encouraged and pro-
moted in one or more Universities.

XLII. Tliat no purchase of lands shall be made of the" Indian
natives, but on behalf of the public, b}' the authorit}- of the General
Assembly.

XLIII. That the future Legislature of this State shall regulate
intails, in such a manner as to prevent perpetuities.

XLIV. That the declaration of rights is hereby declared to be
jiart of the Constitution of this State, and ought never to be violated
on any pretence whatsoever.

XLV. That any member of either House of the General Assem-
bly shall have liberty to dissent from, and protest against an}- act
or resolve which he may think injurious to the public, or any
individual, and luive the reasons of his dissent entered on the
Journals.

XL^^I. That neither House of the General Assembly shall pro-
ceed upon public business, unless a majority of all the members of
euch House are actually 25i'esent, and that upon a motion made and
seconded, the yeas and nays upon any question shall be lakcn and
entered on the .Journals; and that the .Journals of the proceedings

COLONIAL RECORDS. 101c

of both Houses of tlie General Assembly shall be printed and made
public, immediately after their adjournment.

This Constitution is not intended to preclude the present Con-
gress from making a temporary provision for the Avell ordering of
this State, until the General Assembly shall establish Government
agreeable to the mode herein before described.

December the Eighteenth, One Thousand Seven Hundred and
Seventj' Six, read the third time, and ratified in open Congress.

RICHARD CASWELL, President.

By order James Green, Jun., Sec'ry.

An Ordinance for appointing a Governor, Council of State, and Sec-
retary, until next General Assembly.

I. Whereas it is necessary that a Governor, Council of State, and
Secretary, should be immediately chosen : Be it therefore Ordained
and Declared, by the Representatives of the Freemen of North Caro-
lina, in Congress assembled. That Richard Caswell, Esq., be, and is
hereby constituted and appointed Governor of this State, with the
stile and Title of Excellency, to enter upon the Execution of his
Office immediately after the Dissolution of this Congress; Cornelius
Harnett, Thomas Person, William Dry, William Haywood, Edward
Starkey, Joseph Leech, and Thomas Eaton, Esqrs., Members of the
Council of State; and James Glasgow, Esq., Secretarj^; to have,
hold, exercise, and enjoy, the Said Offices of Governor, Counsellors
of State, and Secretary, respectively, with such Powers and Author-
ity as they are respectively vested with by the Form of Government
established by this Congress and no other whatsoever, except what
is or may be given by any Resolve or Ordinance of this Congress.

II. And be it Ordained by the Authority aforesaid. That the Gov-
ernor shall be allowed at the Rate of £1500 per annum, as a Salary
for his Public Services; and that each member of the Council of
State shall be allowed at the rate of 20s. per Day, for each Day's
travelling to, attending at, and returning from the Council, together
with his Ferriages, to be paid them out of the Public Treasury; and
that the Secretary shall be intitled to the same Fees, Privileges and
Emoluments, as the Provincial Secretary heretofore held and enjoj^ed.

III. And be it Ordained, by the Authority aforesaid. That this
Ordinance shall continue and be in Force until the End of the next
Session of the General Assemblv, and no longer.

APPENDIX.

[Reprinted from the University Magazine. Vol. 4. Page 256.]

mecklexbrr(; petition for the repe.^l of the vestry and

m.\rri.\(;e acts, 1769.

To HIS Excellency, William Tryon, Es(iriKE, Captain Gen-
eral, Governor and Commander-in-Chief in and over the
Province of North Carolina, i&c, To the Honourable his
Majesty's Council, To thb; Honourable Speaker and Gen-
tlemen of the House of Burgesses of said Province.

The Petition and address of the inhabitants of Mecklenburg County,
of tlie Presbyterian denomination, humbly sheweth:

That we claim it as our incontestable right to petition the Legis-
lature of this Province for redress of grievances.

We therefore beg leave freely to represent our case,, trusting to
your candour and uprightness to redress our grievances, maintain
our rights and privileges, and prevent all infraction of the same.

We would inform that there are about one thousand freemen
of us, who hold to the established church of Scotland able to bear
arras, within the county of Mecklenburg. .

We declare ourselves faithful and loyal subjects, firmly attached
to his present Majesty and the government, ready to defend his
Majesty's dominions from hostile invasions.

We declare ourselves zealous to support Government, and uphold
the Courts of Justice, that the law mav have its free course and oper-
ation. And we appeal to his Excellency the Governor, how ready
and cheerful we were to support Government in time of insurrection.

We declare ourselves entitled to have and enjoy all the rights and
privileges of his Majesty's subjects in Great Britain, to-wit: England
or Scotland.

In the great Charter, his Majesty confirms to his subjects removing
from Great Britain into this Province, and their descendants, all the
rights, privileges, franchises and immunities to which his Majesty's
subjects in Great Britain, to-wit, England and Scotland, are entitled :

lOlG APPENDIX.

And instructed the Lords Proprietors to grant other and greater
religious privileges to dissenters.

When settled under these assurances of liberty, and the quiet and
peaceable enjoyment of religious rites, secured to us by law, by the
Charter and by his Majesty's instructions to the Lords Proprietors,
we think it a grievance that we are liable to a burthensome taxation
to support an Episcopal clergy.

We would by no means cast reflection ui^on our sister church of
England ; no, let them worship God according to their consciences,
without molestation from us. We ask on our part that we may wor-
ship God according to our consciences, without molestation from
them.

We think it as reasonable that those who hold to the Episcopal
Church should pay their clergy without our assistance as that we,
who hold to the church of Scotland should pay our clerg}^ without
their assistance.

We now support two settled Presbyterian ministers in this Parish,
we, therefore, think it a grievance, that the present law makes us
liable to be still further burthened with taxes to support an Episco-
pal clergyman : especially as not one twentieth part of the inhabi-
tants are of that profession.

We think that were there an Episcopal clergyman in this Parish,
his labours would be useless.

We think ourselves highly aggrieved by tlie exorbitant power of
the vestry, to tax us witl^ the enormous sum of ten shillings each
taxable; which is more than double the charge of Government:
And that for purposes to which we ought by no means to pay any-
thing by compulsion.

We, therefore, think that under the present law, the very being of
a vestry in this Parish, will ever be a great grievance.

We further think, that were the Counties of Eowan, Mecklenburg
and Tryon wholly relieved from the grievances of the marriage
act and vestry acts, it would greatly encourage the settlement of the
Frontiers, and make them a stronger barrier to the interior parts of
the Province against a savage enemy.

We conceive ourselves highly injured and aggrieved by the mar-
riage act, the preamble whereof scandalizes the Presbyterian clergy,
and wrongfully charges them with celebrating the rites of marriage
without license or publication of banns.

APPENDIX. lOll

AVe think it a grievance, that this Act imposes heavy penalties on
our clergy, for marrying after publication of banns by them made,
in their own religious assemblies, where the parties are best known.

We declare that the marriage Act obstructs the natural and
inalienable right of marriage and tends to introduce immorality.

AVe declare it subjects many to several inconveniences, one whereof
is going into South Carolina to have the ceremony performed.

AVe pray that the preamble of the same Act may be rescinded;
and that our ministers and magistrates may be freed from the pen-
alties thereof, they respectively conforming to the Confession of
faith.'

AVe pray that we may be relieved from the grievance of the
vestry Acts and the Acts for supporting the Episcopal clergy.

AVe pray that, to these several grievances, you will in your wisdom
and goodness grant that redress, which we ask in this legal and
constitutional method.

And we assure your Excellenc}", Your Honours of tlie Council,
the Honourable Speaker, and Gentlemen of the House of Burgesses,
that we shall ever be more ready to support that Government under
which we find most liberty.

Your petitioners as in duty bound shall ever pray &c.

[Reprinted from the Neav York Gazette and Weekly Mercury, 19th

August, 1771. No. 10.34.]

Letter from North Carolina about Tryon and the Regulators.

Newbern, No. Carolina, July 29, [1771.]

By a Person arrived in town, who has just been through the set-
tlements of the Regulators, we have advice, that upwards of 6000 of
those people have taken the oaths of allegiance to his Majesty, and
happily returned to their farms and plantations: They say they are
now perfectly contented and express much satisfaction at the event
of the late battle, which has opened their eyes, and full}' convinced
them of the wrong measures they were pursuing.

By several intercepted letters from the Regulating chiefs, it has
very plainly appeared, that they intended to seize the government,
though it was a profound secret among themselves, and not suffered
to transpire among the common people, who were to have been led on

1018 APPENDIX.

by degrees, with the pretence of redressing grievances 'till their suc-
cesses against the provincial forces, which they made no doubt of,
should have infatuated their minds and rij^ened them for the execu-
tion of their grand plot.

"W'li.MiXGTOX, July 24.

Tlie folloivuii/ are copies of some papers fuioxl in the lioiise of Hermori
Husbands.

ADVERTISEMENT.

This is to give notice to all persons that may have any exclaim
against George Mabry come to John Kimbrough's the first Friday
in January and you will oblige your friend John Bryan.

December Cth, 1770.

Mr. George Mabry sir 1 understand that j'ou hav'e wronged Robert
Jackson greatly, for in tliat fray you had at the race you was tlie
first that struck as I understand and tlie mare that you got from
Jackson he is obliged to work for by day work, instead of working
for his family and the mare you let him have in favour of pretend-
ingly is not worth ten shillings, and I did not think a man of
your ability would go to use any such a poor man so villidly [vil-
lainously] as you did him and now my desire is to you, for to take
Jackson his mare home again or six pounds. Take Ijack your ten
shilling mare again and deliver him up his note and I desire that
all this may be compleated by this day three weeks or you may
expect what M'ill follow. This is from your i'riend.

JOPIN BRYAN.

January ...th, 1771.

The judgment of the committee is, that George Mabry is to j^ay
Robert Jackson the sum of six pounds ten shillings proc. which
money the said Jackson paid Mabry for abuse.

And likewise to pay James Garran four shillings proc. the money
which Garran paid Mabry for feeding his mare.

And likewise, the judgment of the committee is, that George Mabry
shall in twenty days from the above date, that he the said Mabry
shall bring in four sufficient freeholders, and give in to John Bryan
as security for his good behavior and if the said Mabry shall fail or
neglect .so to do, then the said Mabry shall leave the province in
twenty-four davs after that without fail. William Field, John Field

APPENDIX 1010

Joseph Robins, Joliii Bell, Alexandei- Smith, WilHaiii Thornsburv,
Edward Thorsbury.

A true copy of the Judgment of tlie Regulators certified by nio
John- Bryan, Capt. of the regulators.

^*^ The genuinness of this copy of the judgment of the committee
has been proved by the oath of John Kimbrough, who seen the
above named sign it, and v,-ho saw John Bryan certify it as above;
and bj' the oath of George Mal)ry, who in his oath farther declares,
he was obliged to pa} the money as by them awarded; they tlireat-
ening to whip him and burn his Iiouse in case of his refusal.

January 2Sth. 1771.
Loving Friend.

Mr. Mabry has been here on his journey to leave the province.
He tells me his father lies dead and he would willingly go home
and bury him, besides the manner that lie is leaving the province
in, is not answering the purpose you intended. I would not have
you think that we want to abolish any thing you have done but I
think, at this critical time, it is better for him to return to his family
and bury his father and let the matter ly over for a further hearing,
because the mamier he accepts of the punishment is answering no
purpose, it only exasperates both parties. He says that judgment
past against him at the first meeting, so that he had not the liberty
of getting his evidence. We cannot tell how it is, but pray dont
concern with him for stopping his journey. Consider a partner is a
nigh friend to part with. There was a company of people here as he
went along and stopt him or else he would have pifrsued his jour-
ney. So we hope you will not hurt him as we were the cause.

We have agreed to set on for Newbern on Monday the llth of
next month and has great dependence on your parts. Let not pri-
vate animosities disturb you at this time when the public calls us to
action. Write to your friends on tiiis occasion —

^^'e remain your friends,

WILLIAM BUTLER.

JAMES HUNTER,
To Mr. John Brvax.

Newi!Ki;x, July 27.

On Saturday evening it was mentioned in a company of gentle-
men, at the King's Arms tavern, that the Mas.sachusetts weekly,
political, and commercial paper, called tlie Spy, of the '27th of June.

1020 xU'PENDIX.

was then just received by a person in town, containing sundry par-
ticulars relative to the measures pursued by government against that
faction of people, who long before, under the title of Regulators, had
insolently insulted the dignity of his i\Iajesty's courts, daringly torn
down justice from her tribunal, openly sat at defiance the laws of
their country, and with circumstances the most brutal, broke through
and violated every sacred tie of human society. The paper being-
sent for and read, it was the unanimous opinion pf every one pres-
ent, that they were compelled, in point, of justice to his excellency
Governor Tryon, to themselves, and to the public, to have a meeting
of the inhabitants on the ^londay following, to collect their senti-
ments respecting the contents of the said paper : A meeting was
accordingly had, and the Honourable Samuel Cornell, Esq, being
elected chairman, the paper called the Spy, No. 17, was again read ;
when the inhabitants came to the following resolutions:

Resolved, That it is the opinion of the members of this meeting,
that the character of liis Excellency Governor Tryon, by the integ-
rity and propriety of his conduct, both in public and private life, is
so well established, that it can receive but little support from any
resolutions entered into by us; yet we hope to be pardoned, when
we say we cannot see the baneful epithets of Tyrant, Traitor, and
Villain, with the complicated charges of Avarice, Ambition, Injustice,
Perjur}-, Perfidy, and iSfurder, applied to a Gentleman of so amial^le
and exalted a character, without resolving that the same is most
wantonly cruel and unjust; unless it be thought tyranny to be
courteous, humane, and benevolent, on all occasions; treason, to
make the law a rule of his conduct; villainy, to be generous and
just in all his dealings; avarice, to expend many thousand pounds
of private property, with every emolument of office, in executing
the trust reposed in him; ambition to be affable to the great, and
condescending to the lower part of mankind; injustice, to do as
we would wish to be done by; perjury, strictly to adhere to every
satired injunction ; perfidy, to be faithful and scrupulously punctual
in the observance of every engagement; murder, to permit the
execution of the sentence of the law; which if it be, this censure is
just; otherwise, Leonidas, thou art a Lyar, and the basest of Calum-
niators.

Resolved, Tliat we tliink it a duty which we owe to ourselves, and
the public, to assert that we ever considered the presses of Nortli
Carolina as intirely free, and as being open to all parties, but

APPENDIX. 1021

influenced l)y none; neither awed hy menaces of the mighty, nor
restrained hy the murmurings of tlie multitude.

Resolved, That the suggestion of the contrary, contained in the
said 3IassacJtuscfts Spi/ we consider as a high insult and indignity
offered to that spirit of constitutional freedom and independence
which the inhabitants of North Carolina have ever discovered.

Resolved, That the blessings derived to the British nation from
the liberty of the press arises, as we apprehend, from the privilege
of a discreet and unreserved discovery of communication of I'eal
facts and opinions, whereby the public may be benefited, or an indi-
vidual made the wiser, better or happier; and in not being the infa-
mous vehicle of jirivate scandal or public abuse.

Resolved, That the paragraphs in the said 3Iassac} nisei fs Spy, which
has reference to the measures of government taken by Governor
Trj'on against the Regulators, are replete with the basest misrepre-
sentations, the most palpable falsities, abusive epithets and scandal-
ous invectives, and that therefore it is a shameful perversion of the
liberty of the press, and that the authors and publishers thereof
deserve to be jiublickly stigmatized, and loaded with the heaviest
contempt and reproach.

Resolved, That the Chairman be requested to direct the sheriff of
the county to give orders that the paper called the Massachusetts Spy,
No. 17, be publickly burnt under the gallows by the common hang-
man, on Wednesday next, as an oi^en testimony of the utter abhor-
rence and detestation in which that infamous production, and its
still moi'e infamous authors are held by the people of this govern-
ment.

Lastly, Rcsolvrd, That a copy of the foregoing resolves be sent to
James Davis and Adam Boyd, Esquires, to be published in their
next Gazette, as a proof to the Massaelmsefts Spy of the freedom of
the press in North Carolina.

To fJ/f Printer of the Ma-'^sachiisetts Spy.

Sir,

AVe observe j'ou have in your Spy (No. 17) inserted a piece sub-
scribed Leon Idas, replete with abusive epithets, scandalous invectives
and daring falsehoods, against our late excellent Governor, whose
numberless virtues. and amiable qualities justly endear him to all
the good people of this jtrovince.

1022 APPENDIX.

It certainly is difficult to conceive to what a degree of inic|uity a
mail may arrive, who, like Lconlda><, has the etfrontery to set truth
and decency at defiance : and you, Mr. Printer, in undertaking to be
the publisher of such vile calumnies, fall little short of him in point
of guilt.

Be it known to him, and you, sir, that the beloved memory of
Governor Tryon, is, and will continue to be deeply impressed on
our grateful hearts, and we trust will be transmitted by us to our
latest posterity; while the stigmatized name of Leonidas, and yours,
Mr. Printer, will be consigned to that infamy justly attendant on
such egregious calumn-ators.

Whether we cmsid r his Excellency Governor Tryon, in a public
or pi'ivate capacity, several years experience of his conduct, a grate-
ful remembrance of his many services to this province, and an
incumbent regard to truth, oblige us publickly to declare, that the
strictest justice, probity, honor, humanity, munificence, and affa-
bility, are his distinguishing characteristics.

"With respect to the six queries of Leonida><, we admit the first, viz,
His late MajestyVgracious intentions towards this province; but as
to the facts which Leonidas basely suggests in the other queries, as
tiiey are asserted without proof, so they are sufficiently answered by
denying them, except that paragraph relative to whipping a man
whom he calls an able and generous planter: the person he alludes
to was deservedly punished by the sentence of a court martial,
called by his Colonel, while in the ranks, and under the immediate
command of his militia officers, in virtue of a neces.sary law of this
]-)rovince, entitled, "The militia act."

We cannot however pass over the .">th ([uere, without taking some
particular notice of it; for lie therein .says, the Governor ordered a
discharge of his artillery on the people while under the sacred bond
of a treaty, the contrary of whicli* is well known, not only to the
forces there under his Excellency's command, but to the rebels them-
selves, and never was ever suggested by any one of them to have
been otherwi.se.

His Excellency tried every expedient that human prudence could
suggest to prevail on the miscreants to lay down their arms, take
the oaths to government, and surrender up to public justice tlieir
outlawed chiefs, promising them upon such easy terms his Maje ty's
most gracious pardon for all tlieir past numerous traii.'^gressions ;
but til y rejected hi- offers witli conteiiipt and allusive language:

APPENDIX. 1023

Xay, some of the audacious wretches cried out to his troops, "fire
and be damned"; and others exclaimed, " Here's death in one hand,
and no mercy in the other ! battle! battle!" lie then directed the
sheriff to order tliem to disperse, agreeable to the riot act; which the
sheriff did, but to no purpose. Yet still, he forebore attacking them,
till the hour allowed in such cases bj^ the said act was expired ; and
even then lie sent an express messenger, to inform them that the
hour was elapsed, requiring them once more to lay down their arms
and submit to government: Declaring, that in case of their refusal,
he would without further delay fire upon them ; but they spurned
at his threats, and contemned his admonitions, still crying out "bat-
tle! battle!" In such situation, what could or ought his Excellency
to do, but i)eribrm his duty (which he most gallantly did) as a brave
and experienced officer, by reducing to reason and proper submis-
sion a parcel of abandoned profligates, who seemed to set all laws,
divine and human, at defiance, and were over-running the country
with every species of rapine and violence. Yet these are the men
for whom Leoiiidas, Mucins Sca'vola, and their partizans are advo-
cates; and dare, in their behalf, to attack and traduce one of the
brightest characters on this continent.

There are laws, says Mucins iSciriKikt, sufficient to quell the most
outrageous riots; the law, and not the sword, should restrain them.

Were the laws sufficient to cjuell the rebellion in Scotland, in the
memorable year forty five? ^^\' all know the military force found
some difficulty in performing that important service. But, says
Scnvula, the Attorney General should keep a watchful eye on the
peo])le. Grand juries indict, courts issue warrants, and other officers
are t > execute tliem, &c. True, Sir; but the people in question set
at nought cnurts of Justice, depised indictments, opposed all legal
process, and the autliority of sheriffs, and otlv r officers.

The Po.-sic CoMMiT.vTL's, cries Scwvola, is more than sufticienl to
bring them to justice; ridiculous, absurd. The men who should
f(irm the Posse Commitatus, were themselves in rebellion. What
then could be done, but what was and ought to l)e done?

However, notwithstanding tlieir accumulated crimes, our good
Governor still remembered mercy (though, all circumstances con-
sidered, few mortals less deserved it) extending it so far as to order
their wounds to be drest. Of twelve wlio were capitally convicted
Ijv their countrv. six onlv were executed.

1024 APPENDIX.

Mr. Printer, unless your heart is too callous to feel either shaiiie
or remorse, the sight of these lines must shock your guilty soul, and
force you to curse the day you unhappily undertook to make your
paper the infamous vehicle of such detestable slander.

You, Lconidas and Saevola should publickly ask pardon of God
and the world, and of his Excellency Governor Trj'on in particular,
for your enormous crime, and endeavour, by an unfeigned repent-
ance, to pacif}'' the divine vengeance; lest the Almighty, in his wrath,
should denounce the same fate to you, as he did to the perverse
Israelites; Amen dicovohis, moricmini in pcccafis vesfris; though it is
said you, Leonidas (Gallio like) care not for those things

[Reprinted from the Boston Gazette 22nd July. 1771, 849, 23.]

Letter about Tryon and the Regulators in North Carolina.

Messieurs Edes & Gill,

Please to insert the following :

We learn from N. C. by the way of New-York, that the same mur-
dering temper which governed the actors of the tragedy at Ala-
mance, still reigns triumphant at Newl^ern. If thej' hear anybody
speak of the Perfidy and Murder of their Hero, it fires their savage
passions and sets them upon lavishing all their rage upon inani-
mate nature, which they, in imagination, murder. Their vile and
diabolical dispositions in their wor.se than Indian rage and fury,
appears by the account we have had of their Powows under the
gallows on the 26"" July last. One of tlieir sheriffs, and perhaps one
by whose oppression those unhappy people the Regulators were
reduced to those extremities which excited their villainous oppressors,
not to relieve, but to murder them; one of those villains, I saj', was

the person emploj'ed by the respectable junto of .1 s, L s,

S s, &c., of N. C. to exhibit a mock tragedy. To gratify their

hellish 'dispOsititth, they hung in effigy Leonidas, Mucins, and the
printef^'feif'thie 3/. Sj)!/, which excites their infernal pleasure, and
rai's^'itso high that they fancy the images real men, "confounded
with guilt, and tlie terrors of an approaching ignominious death,
that they had not the least power of sjieech ! " Tlie sheriff makes a
speech for them — the images are "still mute,"' the slierifF executes

APPENDIX. ■ 1021

his office (as they in their dehision seem to think in reahty), he
hangs and burns three respectable persons, for being friends to an
oppressed people, "amidst the shouts and acclamations of a large

concourse of inhabitants," who "made the air resound with

'long hve (I had like to have said THE MURDERER OF THE

UNHAPPY PEOPLE AT ALAMANCE, but they say) G r

T n.'"' Good God! how depraved is human nature! What!

rejoice at the distress, or even supposed distress, of a fellow creature !
But thank God, these instances of savage joy are confined to the

brutish inhabitants of the howling wilderness, and the J s,

L ^s and S s- of NORTH CAROLINA. I have heard of

shouts and acclamations when a number of Iroquois have been tor-
turing an unliappy captive by killing him piece-meal, or have been
ripping up a woman big with child ! But till Juh' 26, 1771, never
were heard, such cruel exultings upon the sight of human nature in
agony, among any people who pretend to be civilized.

[Reprinted from the New York Gazette and the Weekly Mercury of 9th

September, 1771.]

Letter about Governor Tryon and the Regulators in North Carolina.

New-Yokk, September 9.

Extract of a Letter from a Gentleman in Connecticut, to his Friend iir

this City.

" I suppose Col. Tryon has done more for the Suppoi't of Govern-
ment in North America, than all the Governors in it. If that most
daring and dangerous Rebellion that has happen'd this Age, had
not been quelled by Him, an universal Revolt would have succeeded
in all the Colonies: For you may depend upon it, this was the last
Scheme of all the Sons of Faction, to Collect a Body there, as they
supposed theU Government the least able to resist them : But God
be thanked that they have found a Tnjon!'"

vor,. X — ().")

1026 APPENDIX.

[Reprinted from McRee's Life of Iredell.]

Letter from James Iredell to Joseph Hewes.

Edentox, June 28'" 1775.
Dear Sir: — Far from being unreasonably impatient at the delay
of Congress, lam much pleased they proceeded with so great delib-
eration, for certainly no public body had ever object of more magni-
tude to decide upon. I believe I may add, few have had men of
more wisdom than several among you to consider them. I yet con-
ceive, lost as everything seems to be to truth and reason, great hopes
from the wise determinations of congress. They will, I am persuaded,
act in so decisive a manner, that at the same time they prepare for
a general defence in the last extremity, they will open a way of
reconciliation, which it will be highly dishonorable on the part of
Great Britain not to meet. Men who have committed injuries have
no right to give themselves airs about tumults excited by them;
much less can they with any grace do it when the whole tenor of
their conduct proves a consciousness that they have been originally
in the wrong. A very pretty story, that a man may not give another
a box on the ear, who attempted his life! And liberty, to all men
of feeling, is dearer than life. I wish to know the opinion formed
by Congress of Lord Chatham's Reconciliatory Bill. According to
my poor ideas of the subject, it would afford a happy and honorable
basis for both countries. It is framed M'ith much judgment to
remove difficulties on both sides of the question, and reconcile sub-
stantially the honest views of the two parties in opinion. Would
to heaven it had succeeded ! Heaven grant it may yet succeed, or
.something equally promising ! xVll of our hopes of anj^ speedy hap-
[liness must at least centre somewhere in England. If, by the moder-
ation and equity of our proposals, strong friends can be found on
that side of the water all may yet be well at no great distance of
time. But abstracted from this prospect, I see nothing but tlie most
dreadful and miserable scenes in view. I rely much, very much, on
Congress. They have the greatest trust under their care any .set of
men can hold. The happiness of millions de[)ends upon their tiim-
ness and }irudence. They have indeed great difficulties to contend
with, but, " the greater the difficulty the more the g'ory in surmount-
ing it." In a letter I have from Mr. McColloh, to-dny is the follow-

APPENDIX. 102;

ing passage, which I take leave to transcribe. [Speaking of Lord
North's conciliatory motion] : " It pleases here, though it means
nothing ; at the same time Administration declare they have no
design to tax America and I truly believe they wish themselves out
of the scrape." I really believe so too, and have long done so, and
therefore the more earnestly wish to .see things going on in the train
of negotiation. INIr. M. desires his best compliments to you. For all
provincial and committee intelligence, I refer to M. Bondfield, and
your other correspondents who are in the secret. I shall only say
that things were going on tantivy to licentiousness for a while, but
have lately received a curb from the spirited interposition of some
of the old members of our committee, and the introduction of Mr.
Johnston into a new one which has been appointed. You have been
much wanted liere to keep the spirit of liberty from wandering
beyond its bounds.

Your ever respectful, affect, and obliged,
JAMES IREDELL.

Letter from Mrs. Colonel Pollock to Joseph Hewes.

Edenton, Decern. 23rd, 1775.

Sir : — You will no doubt be surprised at receiving a Letter from
me, but such is the unhappy Situation of my mind at present, that I
feel a kind of negative satisfaction in having an opportunit}' by the
return of the Express to Inform you the Particulars of our unkind
reception we met with on our return to Edenton — so unexpected
and so unmerited — not one person in m^' Family knows of my
writing so must intreat you not to let Mr. P. know of it. Col. Howe
who seem'd shock'd beyond measure at our Sufferings, told me he
had wrote to you ; but alas no person could Let you know the circum-
stances in so clear a manner as myself; who most Solemnly declare
to you the following to be the truth, as I expect to answer before the
Great Creator of the Universe — after we left you at Phila. going by
land home but not being able to get horses and ours much fatigu'd
we were perswaded by our friends there, to get a boat and go down
to the mouth of Potowmack. We took their advice, but the wind
springing up it blue so hard, and the seas run so high, out of Potow-
mack, that we were obliged to go right before it, and attempt run-
ning to Suffolk; which we should have accomplis'd without being
stoped by the men-of-war — but in tlie mouth of Nansamond we got
fast upon an oyster bank, and tliere remained part of two days and a
night before we got assi.Hance from the shore to get our horses out

1028 APPENDIX.

and proceed to Suffolk about twelve miles off; at last we arrived,
thankful was I to be thus nigh the end of my journey. jMr. Don-
aldson came to the tavern and took us to his house, during our stay
which was only one day and two nights. General was the conver-
sation, but unluckily Mr. Pollock said he heard a gentleman in
Anapolis tell Major Junipher who is president of the council of
safety that his Brother in a letter from London in a jocular way
said, he thought matters might be easily settled by hanging a half
a Dousen on each side the Question. Major Junipher Immediately
made answer poor Lord Chatham he Suppos'd wou'd be one — tJiis
was all — which is nothing more than a member of the Congress
might have said — but a narrow Soul'd wretch one Major Smith
who Lives on Tar river happening to be present went to Wells
Cooper and told heaven knows what, that Mr. Pollock shou'd say
they must all be hanged, as soon as we had left Suffolk, Wells Co»per
cam.e over to Mr. Donalson swore if we had not gone away as we did
he would have blown out Mr. P's brains burnt our carriage &c &c.
had D. Hamilton and Mr. Donalson on their oath to declare wliat
they knew, which amounts just to the above conversation ; however
Mr. Cooper sent to our Committe3 to have Mr. Pollock taken up,
and sent to every house we stoped at on the road to know
what Mr. Pollock said the particulars too tedious for a letter and
will give you them when we meet, nothing tho' in the least
blamable. Mr. Roy he called a fool and such like stuff —
these matters however were carried on with so much secrecy that
no person ever knew of it, or if they did were made to believe
Mr. Pollock's crimes were of such a nature that they were Intim-
idated, and Injoying ourselves at home nursing a violent cold we
had got coming down the bay, Mr. P. did not go out for some days
after our arrival, but finding himself better we paid a morning visit
one morn'g to Mr. Maxwell a gentleman from New York, married
to a distant connection of Mr. P., and Lodged at Mv. Hardy's inucli
Indisposed. Whilst we were there a Mr. IMackburn came into the
house, and addressing liimself to Mr. P., you are ordered not to leave
the Towni)efore you make your appearance before the committee —
Mr. P. was much surprised and asked him what he ment; he again
told him the mes.sage. Mr. Pollock said he liad no Intention of
leaving the Town but tell the committee I shall go wliere I please,
nor shall I wait on them. Consider the Insult and conscious inno-
cence to a man of spirit who couhl l:avo ddiie otherways? Imme-

APPENDIX. 1029

diately a body of armed men about one hundred and fifty or more
commanded by Cap" Tool was ordered to go to Mr. IIardy'.s and
take Mr. Pollock prisoner. Mr. P. refused to go; on that Cap" Tool
order'd a party of his men to seize Mr. P. and himself attempting
to collar Mr. P. I fell on my knees to him, intreated he wou'd
go without force, for what cou'd an unarm'd man do against num-
bers, he comj)ly'd with my Intreaty and went prisoner to ttie Court
House — please to observe all this was done by the express order of
Mr. Benbury for what reason I know not — think of the distress I
must be in not allow'd to know what the cause of all this was, I
went to the court house after waiting about an hour at Mr. Hardys
to know the fate of poor Mr. Pollock — when I came there I saw
him at the door but it being surrounded by a great number of
armed men I attempted to enterr but I was pulled off and used in a
savage manner by them, who were called to by their officers in the
street to Push me down and pull me off till one gardman with more
humanity than the rest told them to let me alone, and gave me his arm
into Horniblos where I was ordered by the Committee to be searched
for arms, I told them that they were welcome to search me that I might
be a fool, but was not a mad woman to carry arms' to Mr. Pollock who
was so much Eni'ag'd I knew he wou'd make use of them, in short the
111 treatment I met with from committee and officers has yet been
uneqauUed — after keeping Mr. Pollock under confinement part of
two days and one night he was tried before the committee and
discharg'd — I know nothing from himself but have been told he
signed the association and tis more than probable. Look'd on it as
compvilsory situated as he then was, and perhaps told some indi-
viduals things they did not like, but consider how^ little pres-
ence of mind a zxian has in the presence of people who did
evervthing to enrage him to have an excuse for their future con-
duct; however had they acted according to order some proper per-
son might have presented the association, had Mr. Pollock refused
then to sign he merited what censure they thought proper — but
moderate measures seemed Intirely Exploded and a worthy mem-
ber of Siciety was with his Family to be sacrificed to the caprice of
a malicious few whose own private resentment was to be sanctified by
the public good — in order to accomplish which the persons who I shall
give you a list of, by the most scandalous arts got a number of Sol-
diers out of their barracks who did not know Mr. Pollock, told them
he was a Scotchman and an Enemy to America, made them almost

1030 APPENDIX.

drunk, and that night on which Mr. P. was discharged and once
more in his own bed in Security [for strange it was] but not a per-
son who wished us well knew of it, Mr. Pollock and mj^self having
bad colds had taken a dose of yapon, and about two o'clock being
in a profuse perspiration, we was awaked by Jacks coming into our
room and telling us that Mr. Hall with a great number of armed
men was at our door and must see his master directly. Mr. P. told
him to go and ask what they wanted. They immediately call'd,
bring hini out or down with the house. I then jumped out of bed
to open the door to speak to them, but before I could get it opened
they chopped it down with their axes in my face, and guns joointed.
I beg'd to know what Mr. P. had done, thought lie was discharg'd,
and asked by what Authority they committed such an outrage; they
told me by an arbitrary Authority. I used every argument I cou'd
think of, but in vain. Bring him out or down with the house, Mr.
C.'Hall kept repeating, the House was surrounded with more than
two hundred men, no possibility of Mr. P.'s getting out; all the arms
we had I had carried out the house when we returned from j\lr.
Hardy's, for I well knew had Mr. Pollock any he wou'd have lost
his Hie rather than submit to such usage; in short, their promising-
no Insult Shou'd be offer'd to his person, made me on my knees beg
him to accompany them to the court House to speak to those officers
he had offended, and who wore so little of the gentlemen, as ruffian
like, to unequally attack an unarmed man at that unseasonable
hour: at Last he comply 'd with my I'equest and went with them;
two men who staid behind and seemed to have more feeling than
the rest, told me that I need not be uneasy, for the worst that would
be done to Mr. Pollock would be to tar and feather him. Heavens !
can they do anything worse? Death would be more mercifull. I
flew out of the house, little clothing upon me, the coldest night we
have had this year, screaming for Mr. Pollock all over the streets,
some time barefooted. At last I found Him standing in the midst
of hundreds before the Court house, all the commanding officers
except Cap" Tool were not in Town — gone out on purpose it is
well known. I sent Mr. Corrie of N. York to beg him to come and
disperse them. I waited till he might have come over, and over at
last went myself, and after waiting a considerable time, screaming-
enough io raise the dead, he came down, but used no means proper
to disper.se the mob ; in .short all were combined to make Mr. Pollock
a sacrifice, and when they had done that, now says Clem Hall Let

APPENDIX. 1031

us bum the coach, whicli they did — then Merceracu proposed to
return and break open the cellars, which they returu'd to do, but the
store house being opened and no Liquors there, as ours had not
arrived, Mr. Pollock gave them a sum of money and they went
away. I had been taken in strong convulsions at Hornibloes. Thej'
brought me home, but I remained that night and next day so bad
that it was with difficulty Life was preserved in me, and certain am
I that my being in uncommon good health was all that saved me,
and the kindness I received from Mr. Johnston's Family, who on a
bed had me carried around there. I was at least more secure, but
no person hardly thought I should have the use of my limbs again.
We staid there near three weeks Expecting to hear every morning
the house was down, as it was a determin'd point with Clem Hall.
I need not point out to you the daring Insult offered to the com-
mittee. Mr. Lamb, a member of that, with some others, is said to have
Patronized this affair. I was promised by ]\Ir. Gray and some others
that Hall and some more shou'd be made examples of, but 'tis now
gone over, and I remain in an unhappy situation, every night allarmed
at the least noise, Expecting to be turned out of my bed or the house
pulled down over me. Mr. Pollock never speaks on the occasion
only to blame me for perswading him to go with the mob, and send-
ing away his arms. Oh, Mr. Hewes, I am sure those feelings of
Humanit}' so predominant in your breast must be shocked — do
consider — do use the power invested in you towards the security of
civil peace. Let not a respectable member of society be made a vic-
tim to a Barberous kw. I am sure you never thought Soldiers nec-
essary in this part of North Carolina nor cou'd you have thought
they were to be paid to ruin Individuals or disturb the peace of
society — to you I look for justice: surely you will not suffer Author-
ity thus to be tramj^led under foot; none are safe, all as guilty as
Mr. Pollock. May the Almighty direct your Councils for the Elap-
piness and peace of America, is t!ie sincere wish of Sir your

Sincere friend,

A. POLLOCK.

These persons I mention to you are accused by good evidence. I
beg you will keep the List and shou'd find them guilty j'ou will be
a judge of their merits. The affronts to some of them which they
pretend to have received I will give you at large when we meet and
you will find them false. Thomas Jones, painter, the blacksmith,

1032 APPENDIX.

Clem Hall, young Ned Vail, Michael Payne, an Ensign in C'apt.
Blount's, Joseph Worth, Boyd Blackburn, and many others.

I fear this is Scarcely Ledgable but when you reflect on the agita-
tion of my mind on a retrospective view of my sufferings I know
you will excuse all.

Letters from Samuel Johnston to James Iredell.

Halifax, o"" April, 1770.
Dear Sir:

We made a house only yesterday, and I am again placed in the
chair, very much against my inclination, but there was no such
thing as avoiding it. There is little done yet, except an order
admitting General McDonald to go at large within the town of Hali-
fax. I am told lie is much dissatisfied with being confined to this
town, wishing rather to be at some gentleman's house in the coun-
try, and refuses to come out. Though I am told his situation is far
from being agreeable, he is very obnoxious to the people, audit was
with difficulty that even this favor could be procured for him. Our
wagons arrived yesterday with about 2,500 pounds of powder, and
drums, and colors, for the troops. I have likewise a letter from
Hewes of the 20"' of last month, but no news except what you have
in the' newspapers. He seems to despair of a reconciliation; no
Commissioners were appointed the 25"" December, and the parlia-
ment was then prorogued to the 20"" of January. All our people
here are up for independence. God knows when I shall have the
pleasure of seeing you. Your affectionate brother,

' ' SAMUEL JOHNSTON.

I must confess our prospects are at this time, ver}' gloomy. Our
people are about forming a constitution. From what I can at pres-
ent collect of their plan, it will be impossible for me take any part
in the execution of it. Numbers liave started in the race of popu-
larity, and condescend to the usual means of .success.

Letter from Thomas Jones, Member of the Council of Safety, to

James Iredell.

Halifax, 23rd July, 177G.

Dear Sir : — Your obliging favor, by Mr. Montfort, was delivered
to me on i»y arrival here on Saturday morning la-t. * * * And
for public news, have notliing to mention but what you have heard

APPENDIX. 1033

long siuce from CTiarles Town, except the cruel Indian war brought
about by the wicked and diabolical superintendent Cameron, wlio
resides in tlie Over-Hill Cherokee towns. The Indians have already
destroyed upwards of two hundred men, women and children. As
this matter is perfectlj^ ministerial, I hope a tory will never after this
open his mouth in favor of the British government, which, of all
governments on earth, I believe at this time is the most tyrannical
and bloody. With great regard, dear sir, &c.,

THOMAS JONES.

P. S. We have by this time a very large army on our Western
frontiers, so that the Indians will find, very shortly, business enough
upon their hands. The Council have been on this Indian business
near three weeks past, and in three weeks more I hope it will be in
my power to give you an account of our success in that quarter.
We have our hands full — no sooner do we lay one devil but up
starts another ; but v\'e shall prove too many for them all yet. I'll
answer for it.

Letter from Thomas Jones to James Iredell.

Halifax, Saturday Morning, 28"" April, 1776.

My Worthy Friend: —

You must pardon me for not giving you a line ere this, but if
you really knew the amazing fatigue of business several of us have
gone through, you would, I am fully assured, most readily forgive
me. In my time I have been used to business, both public and
private, but never yet experienced one-foui"th part of what I now am
necessarily obliged to undertake — we have no rest, either night or
day. The first thing done in tlie morning is to prepare every
matter necessary for the daj^ — after breakfast, to Congress — there,
generally, from 9 until 3 o'clock — no sitting a minute after dinner,
but to different committees; perhaps one person will be obliged to
attend four of them between 4 o'clock and 9 at night — then to
suppei', and this generally brings us to 12 at night. This has been
the life I have led siuce my arrival here — in short, I never was so
hurried. I was in great expectation that it would have been in ni}'
power to have acquainted j^ou with political affairs of moment, but
nothing as yet has been digested, and the most material business
seci'et — can only, therefore, acquaint you that the army affairs

1034 APPENDIX.

have taken uii a fortnight of our time. The Constitution goes on
but slowly. The outlines of it made their appearance in the House
for the first time j'esterday, and by the last of this week it, probably,
may be finished. The plan, as it now stands, will be subject to
many alterations; at j^resent it is in the following manner: — 1st. A
House of the representatives of the people — all free householders of
one year standing to vote ; and, 2nd. A Legislative Council : — to con-
sist of one Member from each County in the Province — to sit as an
Upper House, and these two houses are to be a check on each other
as no laAV can be made without the consent of both, and none but
freeholders will have a right to vote for the members of this Coun-
cil. Next, an Executive Council, to consist of a President and six
Councillors; to be always sitting; to do official business of Govern-
ment— such as managing the army, issuing commissions, military
and civil; filling up vacancies; calling the two branches of the
Legislature to-gather; receiving foreign ambassadors, &c. &c. The
President and council to be elected annually, as also the Assembly
and Legislative Council — but have some reason to believe the
President will have a right to be chosen j'early for three years
successively, and no more, until the expiration of three years there-
after. So much for the outlines of the Constitution. We expect
General Lee here every moment, on liis way to the southward. He
has two regiments in 'N^irginia ready to assist this province, as we
have reason to believe. North Carolina is their first object; thinking
that we are the weakest of the thirteen — in this perhaps, they may
be mistaken. Gen. Lee holds these regiments in readiness at Suffolk
ready to assist, as the case may be, either North Carolina or Virginia.
Clinton is at Cape Fear waiting for Lord Cornwallis and seven
regiments — it's probable they may mean this as a feint to draw off
forces from Virginia to Carolina, and then sail immediately and
attack Virginia — as circumstances have materially changed since
the date of Lord Germaine's letters to Gov. Eden, and Gen. Clinton
having discretionary orders it's impossible to say what they will do;
however, every necessary preparation is making for their reception
both here and in Virginia. A Committee of Inquiry, or, in other
words, an examining court, was appointed b}' the Congress to
inquire as to the conduct of tlie prisoners in the jail, on our arrival
here; we have tried 102 of them — this was a troublesome job
indeed — and sent off fifty three of them. Gen. McDonald at their
liead out of the country — the place of their <lestination I am not

APPENDIX. 1035

at liberty to tell you. Gen. Armstrong went through this town the
other day, on his way to South Carolina, to head the South Carolina
forces. We have a printed copy of the South Carolina constitution,
which is now in full force with the inhabitants of that country. A
pi'ivateer from Philadelphia, of sixteen 4 pounders, actually engaged
with and took an armed sloop, fitted out by Capt. Bellew, and
commanded by his lieutenant; the engagement lasted one hour and
twenty minutes. The armed sloop is torn all to pieces, so that it
was with difficulty she was carried up to Philadelphia — the lieuten-
ant and thirty-tive prisoners arrived safely at that city. Old Good-
rich is here a close prisoner, with one Capt. Geo. Blair and others.
Since Goodrich was taken, the pilots and others at the bar have
taken another tender by boarding, having on board 1000 pounds of
gunpowder and sixteen men — -the < fficers are in New Bern jail,
and the men have cheerfully entered into the Continental service.
The Province will instantly purchase the vessels of the pilots and
send them to the bar as tenders to the King Tammany and the
Pcnm^ylvania Farmer. I do expect we shall vote 300,000, to be
immediately emitted, for Continental purposes; and I have the
pleasure to tell you that we have the greatest reason to believe that
our last expedition against the insurgents will be paid by the united
Colonies, and every other expense we may be at in future, as we are
considered an accessory and not a principal in the present disputes;
in that case, our paper money will be on a footing with the Con-
tinental. ' I am, worthy sir, &c.
THOMAS JONES.

Letter from James Iredell to Joseph Hewes.

Edenton, April 29'^ 1776.

Dear Sir: — It gives me great concern to hear of j^our ill state of
health. I wish it was possible for you to avoid such incessant appli-
cation, as I am sure you have not strength enough of constitution to
bear it well. I am persuaded your situation admits not of much
relaxation, but I hope you will pay as particular attention to your
health as is consistent with it. By sedulously laying hold of every
opportunity for this pui'pose, great things might be atfected.

I am under great obligations to you and General Washington for
the great kindness you both did me about my letter. IMy receiving
no answer to it as it happens, is no dissappointment to me. I have
now no thought or wish of going home. My mind is raised above

103(3 APPENDIX.

the sordid idea of providing for myself. I am impatient to be
attached to my friends in the noblest of all cau.ses — a struggle for
freedom. It is a cause I have long honored and which, since things
are come to extremity, I deem it my duty to engage in. I have no
merit from .so doing. My soul follows its natural inclination, and
gratifies its most favorite passion. In a cause I believe so just, and
with friends I so highly' honor, I could face danger with intrepidity,
and embrace any fate with pleasure. I should not wish to survive
the ruin of my country, and should think myself disgraced in pusil-
lanimously deserting the support of her fallen, fortunes. The pride
and arrogance of our oppressors is insufferable, and the fury of their
conduct can rationally have no other effect than to kindle our resent-
ment into a fiercer flame. When I wrote you my last letter, we had
accounts of a favorable disposition towards us, and I warmly wished
an occasion might be offered to restore peace and harmony once
more to this distracted empire. I felt for the dangers of my native
countr}', and was miserable in the fear of its being sacrificed to the
imde and insolence of a set of tyrants. This made me hope that if
the great point could be secured, slight circumstances of ill appear-
ance might be pas,sed over. But things now wear quite a different
face. The Ministry do not appear the only bloodthirsty men in the
nation. They are stimilated by some of the meanest wretches in the
creation ; — men who regard liberty only for themselves, and would
tyrrannize over others. It is difficult at this distance to judge proj:)-
erly. But I really fear a majority of the nation are against us. The
contemptible principles of self interest (however mistakenly pursued),
the hopes of plundering us, the desire of unlimited taxation to ease
themselves appear to me to cai-ry away multitudes. Unhappy it is
that the virtuous and noble minority, who prefer principles of equity
and honor to the savage desire of plunder and devastation, must fol-
low the fortunes of the rest. Biit so it is; and the country of Berks
must be among tlie number.

The tyranny and infatuation of the Ministry have driven us to
the brink of a precipice. Scarcely any hope of reconciliation can
now be entertained. I see things in the most melancholy aspect.
But it is necessary to be firm, and to prepare for all events with for-
titude. My first attachment is to the liberty and welfare of America ;
my next to the happiness of Great Britain. If these can yet be found
compatible mo.st happy should I be in seeing the blessed union; if
they cannot, notwithstanding the extreme bitterness of the struggle,

APPENDIX. 1D37

it would l)e our duty to support tlie former against the latter. " Ye
gods, what havock does ambition make among your work."

You will undoubtedly have regular accounts from Plalifax. Lit-
tle has yet been done but the passing an order to raise four new reg-
iments, and three companies oflight-hor.se. A fifth regiment I hear
is in contemplation. They are very busy now in framing a consti-
tution for us, and they proceed with great delicacy in it. A varietj^
of plans is ottered, and night and day wise and unwise heads are
ruminating upon them. I need give no particulars, because it is
impossible that you should not have regular and frequent intelli-
gence thence.

But I forgot to tell you of a smart action lately performed at our
bar. There were two tenders there going out with some prizes they
had taken ; two of the vessels were too late for the tide and obliged
to wait, and one tender remained with tliem, in the night a number
of the pilots and others boarded the tender in boats, and carried her
and the prizes immediately up to New Bern. Old G had com-
mand of the tender, and having been thinned of men to put on
board the prizes, had only with him three or four negroes; hearing
the noise of the oars just as they approached near the ve.ssel, he
ordered the negroes to fire, but upon a gun being presented at him
(which snapped in the p>an) he immediately delivered the vessel up.
J. Buchanan and A. Campbell owned one of the vessels that were
thus re-taken and were going out to Madeira.

Adieu my dear sir. May Heaven bless you! I am at all times,
with the greatest sincerity and high respect,

Your most affect, and obt. servant,
JAS. IREDELL.

Letter from Samuel .lohnston to James Iredell.

Halifax, 2nd May, 1776.

Dear Sir: — Affairs have taken a turn within a few days past.
All ideas of forming a permanent Constitution are, at this time laid,
aside. It is now proposed for the present, to establish a Council to
sit con.stantly, and county committees to sit at certain fixed periods,
but notliing is concluded. We find it necessary to emit a very large
sum of paper money at the present emergency; a circumstance
which gives me more concern than anything else, and yet it seems
unavoidable. You can easily .see the evils attending this measure.
I am pretty well this morning, and have leave to be absent from the

1038 APPENDIX.

service of the house in order to prepare mj' public accounts for set-
tlement. Allen Jones is Vice President.

Letter from Thomas Jones to James Iredell.

Halifax, 7th May, 1776.

I have only to tell you that the constiiution for the present is laid
over and will be taken up again next October, at which time you
must be a judge — the matter is finally settled and determined
upon — your amiable character and abilities are well known to
many who never had the pleasure of seeing you. Dr. Burke pre-
sents his best compliments to you — that gentleman and myself
lodge in the same house together, and have frequent communion
with each other on politics, defence of the country, &c. — our whole
time has been taken up here in raising and arming men, and making
every necessary' military arrangement. The word is war, or, as Vir-
gil expresses it, bella, horrida bclla. 2,000 Ministerial troops are in
Cape Fear River — 5,000 more hourly expected — to oppose the
whole will require a large force, but large as it may be supplied
from this province only — though Gen. Lee has on the frontiers of
this province 3,000 brave men ready to assist us — we shall be under
the necessity of striking half a million of money to cany on tlie*
war — this will perhaps strike you with astonishment, but when I
see you, shall have it in my power to make you very easy on that
head. Your friend, &c.,
THOMAS JONES.

Letter from James Iredell to Joseph Hewes.

Edenton, June 9"', 1776.
Dear Sir :

I begin to be troublesome, I fear. I wrote you only last week and
now am about it again. I have not, howev i', much to say, and cer-
tainly sliould not have wrote at all if you had any postage to pay,
but as this is not the case, I hazard a few lines. We have a report,
by credible people from NewBern, that the King's troops have all
left Cape Fear. Gen. Lee, about 10 minutes before he set off from
New Bern to go there, received a letter which gave him reason to
apprehend they intended it; and since, it is said, undoubted informa-
tion liad arrived that they were actuall}' gone. The place of tlicir
destination is unci'rtain; it seems most {irobable that tliey aw gone

APPENDIX. 1039

either to South Carolina or Virginia, or perhaps in separate bodies
(o both ; it is conjectured by some, that they may perliaps attempt
landing between Cape Fear and Charles Town, and that way pene-
trating into the back country. There are about 300 lighthorse estab-
lished between Cross Creek and the only place where it is imagined
they could attempt landing (tlie name of which I have forgotten,
but it seems there is very shallow water at a great distance from the
shore). These lighthorse will be able to discover and give intelli-
gence. Gen. Lee staid only one day at New Bern, and his Virginia
Regiment marched directly from Halifax to Cape Fear by the upper
road. I have always been cautious in mentioning any report I hear
at these times, when so many idle and false ones arc continuall}'
propagated; but I thought I had extremely good authority for men-
tioning that Gen. Lee intended to rendezvous his troops for the pres-
ent at New Bern. I believe, however, I had the caution to tell it
only as a rei3ort, a word for which great allowance must be made
now-a-days. I enclose you copies of an address from the peojile of
New Bern to the General, and his answer for the sake of the latter,
wherein he does an honor to this Province I am not a little jiroud of.
Comparative compliments must always have some better grounds
than absolute ones.

I wi.sh much to know the truth about the people of Maryland.
We are told they refused to alter their form of Government, and
this is construed by many as a proof of great disaffection. I only
consider it in tlie light of unwillingness to come into tliis measure,
and independency which may be the consequence, unt 1 the very last
necessity, which they choose to make themselves judges of I can
never believe they will be guilty of such abandoned infamj^ bs to
desert a cause which they M'ere so forward to engage in. At the
same time, I do really think there is an evident indecency and incon-
gruity (and have long so) in conducting business in the name of the
King, when we are in arms against him ; and the direction of the
Congress on this subject I conceive ought to be obeyed. For there
is as I conceive, tliis material difference between such a conduct and
an express declaration of independence; that in the former case a
reconciliation is practicable; in the other, any hopes or intention of
it absolutely renounced. With respect to the latter I do clearly think
that a majority of voices alone ought not (indeed they cannot) carry
it, but it must be individually consented to by each Piovince. But
the llTimr being a mere incident of the original purpose of the Con-

1040 APPENDIX.

federacy, calculated for conducting it with more dignity, and still
having in view a reunion as possible, I think it was a proper object
of the Congress' attention, and ought universally to be obeyed. Our
situation is so unhappy that a declaration of absolute independence
may become necessary, before a distant body can be collected, and
therefore I think the members of the Congress ought to have full
powers to declare it, when the melancholy exigence shall arrive.

I do not view the subject as a matter of ambition ; in my opinion
it is criminal and impolitic to consider it in that light ; but as a mat-
ter of necessity ; and in that case, in spite of every consequence (and
very bad ones may be dreaded) I should not hesitate an instant in
acceding to it.

May God grant you 'better health and every felicity, is the con-
stant and anxious wish of, dear sir,

Your most obliged and faithful servant,
JAS. IREDELL.

Letter from Samuel Johnston to James Iredell.

Halifax, Dec. 7'^ 1776.
Dear Sik,

I* got here this afternoon, and, though I made short stages, find
myself a good deal fatigued. My health is much the same as when
I left home. God knows when there will be an end of this trifling
here. A draft of the constitution was presented to the House yes-
terday, and lies over for consideration. The members are furnishing
themselves with copies of it. I have had a glance of it, and wished
to send you a copy of it, but it was impossible ; perhaps the bearer
of this, Col. Dauge, may have one. As well as I can judge from a
cursory view of it, it may do as well as that adopted by any other
Colony. Notliing of the kind can be good. There is one thing in
it which I cannot bear, and yet I am inclined to think it will stand.
The Inhabitants are impowered to elect the Justices in their respect-
ive counties, who are to be the Judges of the County Courts. Num-
. berless inconveniences mu.st arise from ,so absurd an institution.

1041 APPENDIX.

i^etter from Samuel -lohnston to James Iredell.

Halifax, Dec. 9"\ 1776.
Deak Sir,

I wrote to you the evening after I got here, since which I have
been endeavoring to discern what will be done, but am as much at
a loss as ever. The Constitution is to be debated to-day, and some
talk of finishing as soon as that is agreed on ; while others are for
staying to appoint all the officers of the State, and to establish
Courts of Justice. Which of these plans will take place is uncer-
tain. No one appears to have sufficient spirit to set them right. I
am in great pain for the honor of the Province; at the same time,
when I consider only my own ease and peace, congratulate myself on
being clear of any share of the trouble I must have liad, if I had
been a memljer. Every one who has the least pretentions to be a
gentleman is suspected and borne down per ignobile vulgus, — a set
of men without reading, experience, or principle to govern them.

VOL. X — 66

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