Ica Li: CIR = ~ i:*T?>&A"^^l^^^'r^^*7:*; M i "'A, m ml I i~~~~~~~~~~~~~~~ '~~.( ~~' ~~~~~~~~~~~~~~ --- —--- /.. A. I .~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~l .~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~l .~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~l . la . la THE STATE RECORDS / F2 )-.f OF NORTH CAROLINA. PUBLISHED UNDER THE SUPERVISION OF THE TRUSTEES OF THE PUBLIC LIBRARIES, BY ORDER OF THE GENERAL ASSEMBLY. COLLECTED AND EDITED BY WALTER CLARK, ONE OF THE JUSTICES OF THE SUPREME COURT OF N. C. VOL. XI-1776, AND SUPPLEMENT-1730 TO 1776, WINSTON: M. I. & J. C. STEWART, PRINTERS TO THE STATE. 1895. r~~~~~~~~~~ I i *e e PREFACE. At a period somewhat prior to the death of the late Col. William L. Saunders, the compilation and publication of the COLONIAL RECORDS which, under his efficient superintendence, had reached from the beginnings of the Province down to and inclusive of the year 1776, and filled ten large folio volumes, were suspended. This work was not resumed for some years, till in 1893 the undersigned, at the invitation of the Trustees of the State Library, assumed the continuation of the work of collecting and publishing. It was soon ascertained that the difficulties of the work and the scarcity of material were much greater than had attended the preparation of the ten volutmes already issued, and that this scarcity of material, even more perhaps than the failing health of Col. Saunders, had caused him to suspend at the end of the year 1776, instead of bringing the work down to the year 1781, as authorized by The Code, section 3609. Down to the outbreak of hostilities in 1775, and the flight of Gov. Josiah Martin from the State, copies of all important papers were "sent home" to England, and there preserved in the PvLrIc REcoRDs office. When the State determined upon the publication of her COLONIALT RE]CORDS a tolerably complete sett of these official records were to be found in London. Under the instructions of Col. Saunders, these were copied for the State by W. Noel Sainsbury, Esq., who was admirably fitted for the work by more than forty years acquaintance with these records. After passing through his hands and those of Col. Saunders, these copies formed the chief material for the ten volumes which have been issued, the additions from other sources being comparatively insignificant. But with the year 1776, this source of supply ceased. Copies of official records were no longer sent to England to be filed, and consequently the State is thenceforward thrown upon her home resources for historical records. These are very meagre indeed. For many years after 1776 the Governor and other Executive officers resided at their homes, often at remote points, meeting IV P REFACE. only when the Legislature was in sessio. Thllere was no permanent seat of govelrn1rent fori l nearly a score of years, and no fixed and safe depositories for tlhe public archives. Papers thus scattered and little cared for sool became much disordered 'and a large portion of them were lost or destroyed. As for those which remained to be tra.insferred to tlie capital when it bec'ame settled at R.aleighl, a. large I part were bu-rnedl il the fire whichl destroyed the Capitol bulilding in 1832, others were destroyed when IRalecigh was taken possession of b}) the Federal' Troops in:1.865, an:d soime valiuable docvuments disappeared d( uring the reginlle of 186S-70, when many Yne,'w ilen of doubtful char'acter fillled ullnacu'(stomeald seats il the LegislIature and other officia l positionls. Vaaluablle pIaapers fromn time to timle hlave bleen. loaned to historians andll lost, orL at least lhave not bCeen retunii(e, (and besides this there las b:een tlie liatural waste of miiateriaLl kept ill ill-ventilated and damllp recesses without attention or care. It linay be ilmag.1ined, the cefore, that (our eaIrly arch ives are conspicuours froll thleir poverty. Little was to be fo.1nld thereini save suclh p)ortions of the Executive correSl)Ollde ( e as lmany yea.lrs after its dacte had b).ee( c op::ic d into tlie Execultive letter b)okis and a part of thle Jo()l rls of tlie, Lri slI tur e, so1i e of these last being lost ai(d othlers mllutilated. iAn alttellpt was lnade to snui:lelclment our stores from tile archl'ives alt Wash iington, b:ut tle samle waste of mlnatelril1 conrselquluclt upon a peripa:.tetic cal.)ita:l hadl( lesseled the q(uan.tity of lmatelrial to be fon)id thelre(, whichI llad b1)een still 'Tfurther diminiislhed by the )burnlingo of the War 1.)epartlnment early ill tlhe century, and againi,:L f(w yearsls later iin 1.S14, when tle ]3British capture'd WAVaslingltoin adl destroyed thle Public Buildings. Tllie Awrite isitd Iaid i lspected tlle " l)rapIerC ' collection preserved in the Capitol of AV-isconsin, tle Asttor anld Lennox Lilraries in New York, and t1heC State tandd Wa-ri,:l otter' I)epalrtlmenlts in Washington City, and has gathered fi'agLmenlts, as they could be found, firom various other sources. After all tlhe collection is very unsa.tisfactoly, 1.)tmt p)robably represents very n1ealrly the sumir total of historical material (not heretofore prilted), Awhich at this late day can be gat lered together. It mnust always b)e a source of lasting regret that tlie Legislature -of 1829 did not accept the offer of Judge Munrphey, to collect and lp.ublish such of the early archives of the State, as at that date still remnained-. We possess a bare fragient of the stores P'L E FA. C E. N" accessible to hiiiml. The correspondence of GenI. Gates inl 1.780, s0 far as -it relates to this State, has been copied from the origiiuals on file inl the, Astor Library ii. New York and there is a possibility of seecurhig copies of GenI. Greene's correslpondence, 1,781-3 relative to N~orth Carolmia and N~orth Carolina, Troops while coin-mandinig t-le Southern i.epartinent. Permission. to copy these was given, ibut the. owner haiving' died before it conid be done, the letters have niow passe5d into) other hanids. Appl~)ication w~as made to AV.T _N~oel SainsburY, Esq.., to make a more exhaus-tive search in the PUBLIC ItECOliT)S offi.ce1 inl London. Theresit as eenthedisovey of a few papers which were overlook]ed in copyinig the records for Colonel Sa~unders and many other papers weefound inl the Sounth Carolina tiles, in time Eng'lish records officle, the papei-s of the two Provinces often. pertainin~g to sulbjects of intere't.4 comn'..1ou1 to 1)0th, not beii-o' filed in dipl icate. These om11Itted. paq.perls h1a-ve now all. l-een cop)ied, andi apipear in thle Suppl)emnen-t I 1-30-1i7 6, wN-iech occup1~ies the first p~art of th e preselit volume. Mr. S ahm sibiry ipasse(l away, at a ripe old age inl M.iarclh last, and his dleathn is a dli.stinclt los-s to this State, whom. lie has served so -well and faithifully. Governior Ellias Carr, the present executive, has been Ca w-arni anid ea,,rnest friend of this labor of gather-ing anmd publiishing the remnian~ts o-.f our eairly archives and lhe has given every possible aid (andc:meconragenment to thie prosecution of' the enterprise. lHen. John C. Searborouo'h, the head of our educational systeunl, hats apipreciated the, value of the workc anid ha-s al1ways bccne its earnest friend. Mao rahar l-v8 fNebra a up ed scholar, w\ith fine historical cattaini-nenlts and tastes, hais made laborious resecarchies in the6 departmnen ts at Washin o'rtoi anid lhas proc~ured copies of all matter to b)e founid ther-e v~lmich is fitted for this work. The writer also wishes to express his acknowl~edgm-ent for advice and assistance to Capt. Samrn'l A. Ashie, of iRaleighi, whose schol-arship and patriotism are aim inheritance fromt ancestors who have been. conspicuous inl our State's annals fromi the. earl~iest dawn. of its hlistory. The General. At,_semibiy of 1895, (Chapter 464,) extended the lperiod which these archives are to embrace down to Jan~uary 1790 anid authorized an. Jndex of the entire work- to be prepared. For the lack of an inldex the volum-xes already published heave so far VI PREFACE. been of slight service. The literary board have selected for this important task Dr. Stephen B. Weeks, Ph. D., whose experience, application and scholarly attainments are a guarantee of the efficiency of his work. The index will cover the entire series, including both the "Colonial" and "State " Records, from the beginning to 1790, in one volume. The title of the volumes now being prepared is necessarily changed to STATFE RE:CORDS, but for convenience, especially in indexing, the first volume of the new series will be entitled STATE RECORDS, Vol. XI., the ten preceding volumes being entitled, COLONIAL RECORDS, 1-10. RALEIGH, N. C., December, 1895. PREFATORY NOTES. The lamented COLONEL SAUNDERS, in arranging THE RECORDS relating to the Colonial period of our history, thought it well to regard that period as extending to the adoption of the State Constitution in December, 1776, and Volume X. of THEl CorioNIAL RECORDS ends with the close of the year 1776. It seems, however, more in accordance with historical events to consider that the Colonial period was terminated by the Declaration of Independence; for then North Carolina disavowed further connection with the mother country and, solemnly asserting that her Colonial life had ceased, declared her title to full Statehood in the face of the world. Indeed, the date of adopting a Constitution providing for a permanent government will appear to be of less moment when we recall that Colonial dependence had then long ceased, that the last Colonial Assembly met in April, 1775, that a month later the Royal governor had fled, and that the powers of government were being regularly exercised by the revolutionary authorities that had supplanted the Colonial system. The government by the Provincial Congress and the Committee of Thirteen, when the Congress was not in session, was as certain and autonomous in its character as any other could have been, and the new State did not arise on the adoption of a written constitution, or depend on the particular form of government established, but rather dates from the declaration that the people were no longer subjects of Great Britain, but were independent and sovereign, and that the Colony had now become the State of North Carolina. Therefore the Editor of this volume has regarded the Fourth of July, 1776, as the birthday of our Statehood, and he }has treated it as the dividing point between the COLONIATA and State RiicoRms. The Editor has been able to collate quite a number of papers, of more or less importance, bearing on the Colonial period, which he has embodied as a supplement to the admirable work of Col. Saunders; and he has in this volume added largely to the records published by COL. SAUNDERS for the year 1776. But the excellent historical notes embodied by COL. SAUN)ERS in the preface to his 'N" III V III PR~EFATORY NOTES. last volume are so full. and accuirate, and so thoroughly cover the general movemient for that entire year, as to leave but little for th~e Editor of this voume to say iii present-ingr these additional I-tecords to the, public. Indeed, that last "1labor of love " of Co-L. S AUND ES ItS i such a fine production that one may w.ell hesitate to touch on the same subject, knowing that his best efforts mulst faill far short of the brilliant essay of that miabtcr mi~nd. As far as practicable, then, tire Editor will refrain froinr comm~rentimono01 the topics th~at have been illuminiiated b~y CoLr. SA-UNDERS' p01.1. It may ibe well to recall tire general trentd of events, n~otincrg thre orderly arid systematic procedure that wa,-s ol)5e rved b.y those who direc~ted pu-blic, affcairs. When' informnation was recervxed in Deeemlber, 1T773, that the B3ritish Parliamient liai ao'ain determined to tax Amnerica, the iNorth Carolinai.r Legislature, looking to uniity? of action amiong the, Colonlies, ap. oned a Commi.Yittee of Correspondence to coop)erate Wi th shimma i~ ar lonrimittees appointed in the others Colonies. The in embers were Johni Harvey John Ashie, Corn ielm-ts Harriet t 17tobe.rt Howe, Edward 'V ail, William Iloope-wr, Samnuel Johnston.and Joseph Ilewes. This Commnittee a:.t onfce became the -virtual direetors of evenits. On Jue 9, T~4,the Commnittee received iriteiligernce of thie oppressive pr-oceed i ugs against the town of.Boston, cand in transinitting the pa-pers the next day to the Coniminittee of South Caroii ia they decciared that the mbliab)itan-ts of' INorth Carob n ia will conc(ulr \with and co-ojTeraite in sucih mecas-ures, as m'ay be con.-certed anid lagreed on b.) thecir Sister Coloniies orn this occasion; that it is absolutel-y niecessary thaft deputies be al)Iointeci by the several Colonies to meet an~d deliberate; tlrat, in case the Governors of the diffei emit Colonies should refuse or d(leline to call. an Assembly of the iRep.resentatfives of the people, they should, in pursuairce, of time laudab~le example of tire respecttable inembers of tire late House of Burgesses of Virginia, rreet and formi associ~ations, & c'. Tndys later. in their letter to tire Virginia Comm~ittee, the say" We had been lrapp)y if we had been fully, authorized to specalk tire general sense of time people of this P'rovince. Be assmred th~at we will, with all 1)ossible expedition, use thme best PREFAT ) ORl Y NOTES. IX means to obtain it. Shoulld not our Assembly meet on the 26th of July, to which time it now stands prorogued, we slall endeavor in some other way to collect tle LRepresentatives of the people, and shall ilnlrldiatel, transinit to you wha t may be the result of their deliberations."' As early as April 4th, Col. HIarvey had declared that if the Governlor Nwould not call thie legislatture together.the people theimsel.ves would ca.ll. onl.e, and on Jnuly the 21, 177t, the f'reeholders of Willlillngton, ill pub)li. meeting, presided over by 1Mr. IIooper, a imemb)r of t he Committee, lade the call for thle election of de)pties to the First Provincial Congress. The proceedillgs of that meetinlg (Vol. IX-, p. 1016, COLo()r:I:xNIL REcoRD)s) correspond so lnacrly with the utteraiinccs of the Committee as to leave no doubt that the step taken wvas the work of that Conmmittee; and from that time onwarld Colmmlittees cha(rgeld Awith public a:ffairs directed the co'urse of events iln North Carolina, lea.ving othilng to hap-li aztard, lbut )erfec(ting incaslureslanll( accominplisiiI i)ng rposes in a manner so orderly as to excite higlh adinniration when we fully realize tile great dilliiculties tlhat beset theni on. every si d e. The iJ[i'it.ar'y OiganiZatio.ni.-N.e(.essarily the first work, in view of ttie comilng stormA, was tle perfection of tlhe military organization. Iii Septemllber, 1775, it was resolved to raise a thousa'nd regulars, to lbe divided into two regimenlts, tlre first being' under the colmmandral. of Col. 'James AMoore, who }had served in the Indian war, twenty years before, and whlo h]ad probably also at one time been in commandl at F'ort Johnston, and tile secondC being given to Col. IRobert Howe, who also hLad some tlraiiings as oflf-icer, having been in commnalld of Fort Johnston.. In addition to these regu:lars, eachl county \was to raise at least one company of fifty men, and the larger ones two and three companies, to be known as minute Iena, who were to be enlisted for six months, and were paid bounties for enlisting, and were to be paid while in active service and be under strict military discipline. These companies were associated according to tlre former Judicial 1)istricts, as were also the Committees of Safety, so that these districts became, as it were, the unit of organiza.tion. The companies in each district formned a battalion of 500 men, and x PREFATORY NOTES. the number of minute men provided for was about 3,000. Their Colonels were Edward Vail, Nicholas Long, Thomas Wade, James Thackston, Richard Caswell and Alexander Lillington, and these officers, when associated together, were to take rank according to the date of their commissions, and their commissions were to bear date from the day when their respective battalions were completely organized. The militia also was put in training, was well organized and required to muster and be in readiness for active service. Their Colonels and other field officers were appointed by the Congress. In December, 1775, it was ordered that two battalions of minute men be embodied in the Salisbury District, and Griffith Rutherford and Thomas Polkl were appointed Colonels to command them. In April, 1776, after the battle of MAoore's Creek, and when the British lay in the lower Cape Fear, the enlistment of four new regiments of regulars was begun tnder Colonels Sumner, Thomas Polk, Edward Buncombe and Alexander Lillington, and the militia was reorganized, and was brigaded according to the judicial districts, the Brigadiers being Vail, Caswell, Ashe, Person, Rutherford and Allen Jones. When service was required of the Militia at a distance, drafts were made, each Colonel being required to send so many, the period of service being generally three months. On March 1, 1776, the Continental Congress appointed Col. Moore and Col. Itowe to be Brigadier Generals, and doubtless at the instance of the Virginia authorities, because Gen. Iowe had given such great satisfaction when in command at Norfolk, he was ordered to proceed to Virginia and take command of the forces in that Colony, while to Gen. Moore was assigned the command of the forces in North Carolina. By these promotions Francis Nash and Alexander Martin became Colonels of their respective regiments, and when later Col. Lillington of the 6th, finding himself too old for the active service he had undertaken, resigned, Gideon Lamb became Colonel of the 6th Regiment. Miilitary Operations.-Just after the discomfiture of the forces at Moore's Creek there were large accessions to the British forces in the lower harbor at the mouth of the Cape Fear, and a formid PREFATORY NOTES. xr able invasion of the Province was expected. In May there were still seven British regiments on the Cape Fear, five being enc(amped at Fort Johnston, one at Baldhead, and another beingon shipboard. To hold them in check, in addition to the Continentals concentrated at Wilmington under Gen. Moore, there was a large Militia force under Gen. Ashe, and when, on the 30th of May, the British sailed south to attack Charleston, four North Carolina regiments hurried to the assistance of that city. The expectation in North Carolina was that, if repulsed at Charleston, Gen. Clinton would return to invade this Province, and Inuch anxiety was felt because of that danger. ()n June 28th Clinton made his unsuccessful attack on Fort Moultrie.. Notwithstanding his repulse, he lingered at Charleston and: threatened Savannah and other points on the coast. Gen. Moore then returned at once to Wilmington, where the 5th and 6th Regiments of Continentals were in camp, leaving Gen. Howe and the brigade in South Carolina. Towards the end of' July Gen. Clinton abandoned his designs against the Southern, Colonies for the summer and sailed Northward, and when thisbecame known, early in August, Gen. Ashe sent home the Militia brigades fiom the districts of New Berne, Halifax and Edenton, reserving only a part of the Wilmington brigade in active service. The British still occupied the lower harbor and held Baldhead, remaining there all the summer, watched, however by Gen. Moore with his Continentals, or at least the 5th and 6th Regiments of Continentals; for the other regiments were on: duty in South Carolina and Georgia, Gen. Moore having with him in his invasion of Florida as late as September three North Carolina Regiments. But eventually Gen. Moore was joined by all of the Continental regiments except the 3d, which, with some companies of the 1st and 2d, continued long with Gen. Howe in Georgia. About the middle of September the Continental Congress, finding Washington hard pressed, ordered Gen. Moore to, hasten with two regiments to his assistance, but soon afterwards,. because another;nvasion of North Carolina was threatened, theorder was modified, and it was left to the discretion of the Provincial Council whether it should be obeyed; and on October 23d. XII Pi' PEFATORY NOTES. the CouIncil resolved that the winlter was too close at hand and the troops were too poorly furnished to be sent North at that time, and Gen. Moore was ordered to encn(amp tlheln near Wilmington and 'New Berne. And indeed on Noveiber 16th the Continental Colngress itself Ila.ld recommended tlhat Gent. Moore.and lls comlland slhould rellmain ill North Carol.ila in a position to repel any attack on this Irovinlce, or to aid Souttl Carolina and Georgia, if they sllold 11 be'como e the tlheatre of operations during thle winter. There was a gnclcral l expectation tlhait tlie -1ritishl would seek to strike a blow at the South duringli the cold seas(on, and when the IProvinceial Congress of North Carolina lmet in November it resolved to send two baittalions of AMilitia to the aid of South Carolina, and also to raise three additional Continental ltegimnents for the war. Of these Jamlles.lH.ogun, Jam'l lcs A.rimstrong, anld John W 'illilams were appointed the Colonels. (-en. iMoore wa1s a(lso orde reod1 to march his eltire c(..ona.i.id to the relief of Chlarleston. (Cen. Allen Jones wats (,iven the com-mannld of the B3rigade of Militia to be raised and sent to Southi Carolina. These troops were embodied Septelnl)er 10thl, acd were to serve five ~montlhs. their term of service expirin' Apzril 10th. On the 14thi of' Jlanlary, 1.777, Col. Moore's brigade was at Charleston l but there being m:lore pressiIog need foro our troops to rein force " ' the Gra.nd Armny," as W ashinglton's army was called, on February 6, 1'777, the Council of State directed Gen. -Moore to fill the ranks of three of his regi.mlents by transfers from the others, and lead them to the Nortl. ()O February 5th Col. cNash wa.s prom.oted by tlle Coitinental Congress to be Brigadier G-enerall, ald was directed to repair to the Western part of tile State and suplerintend the recruitilng, for new enlistments were being m ore slowly made, and tlio regi.ments were not being kept up to the mark in nuiumbers. Indeed, North Carolina was recruiting glround for the entire South. It was considered that she was very strong, particularly at the West. Gen. Rutherford lmade a ' return of over ten thousand iene for his Militia brigade in the Salisbury District alone. And while Georgia was very weak arid constantly exposed to assaults fromn Florida, South Carolina was not only weak but a.large proportion of her inhabitants were disaffected. And thus PREFATORY NOTES. X 1.11 the chief dependence for the South was iupon North Carolina, and the 'recrlit.ing service here wnas highly i.llportan.t. But rapidly succeedirng this first order to (-en Nalsh came a second directing that Geen. Mloore an(d ( en. Nash shlould proceed with all the Continentals of this State to the aid of Gen. Washington, leaving South Carolina on Marcl 15th. The first six regiments were at that tilme equipped, but inldiifferently so, and tleir ranlks -were thin tfrom (leserition and dlisease. CGen. II:owe on his firlst goill to South Carolina had bten assiglned by (:G-en. Lee to tl.ie co(1lnmalld of tle' City of (Chlllaleston. Indeed, lie proba.bly \was orde;ed 1 C G -en. ILee to Charleston fro{m Virginia, alolng with thle Virglinia tioops, and vwa.s lnelver a 13 rioade (ConI nma nder of our.Nor tli Car ol i na1 troops. ( el. Moore.ralnked hllii n, )but in MIoore's abisence H 'owe was second 1only to iLec, rankinog Monlltrie; 1andl ulpon -e. Lee's retnrn to tlhe Northt ITlow\e sIu:ceeded to the comnlllnl1111d of' tlie Departlmlenlt, tand soon afterwards waswCas promnoted to be a iMaL(jor (Ge-neral, andl was c(on tilliucld in thalt coin i alnlld. O() r(ec.ivill these orders;to join tlie (-ira.nd Army witli his Conticnenta.ls, I 'oore relpaired to.Nortlh Ca(.rolina to arranlgo for thleir long mi'arch. lie lcft Nas li n comnlllnud, ad (lordered tlhat tlie troops slould join lhim at iWil inill.gton; however, wlhen tie dayl for tlie departure arrivei d (eln. Iow\e felt that tle exigelnce of his sitiiationii was s1(eh that lie was j ustified i d:etaining them. Blut in JApril they reaI:1lie(d AWilln)ing ton a1lld nwelt iltto calmp tllere. Tllere, unillappily, earily iln \pril C(-Ge. Moor(e died-. He was a man of delicate organization, T -whose 'body -was too frail for hlis great spirit. HIe was carried off b)y an attack of gout of tlie stomlaclt. Gen..NashI assimlled comnllan 'and mnarlced( tot tile Niorthl. A c(amp1 was established aIt Ha. lifax, where all the Continenta ls were to concentrate lbefore goilng on to the Grand Army, and another camp and at Hospital were located at Alexandria, vwhere all the N. Carolina troops rwho lhad not had the small pox were inoculated before joining the army. The brigade rea(lchd Alexandria towards the close of Malty, and while many were. detained thlere to be vaccinated, two lhundlred were found to have already lhd the dread disease, and these were hurried forrward torein.force Washington. The three other regiments whose organization had been authlo ---- ---— ~~ --- - b. --- — ~ —n n XIV PREFATORY NOTES. ized were now being collected at Halifax, and though the first.efforts of the authorities were to fill the ranks of the older regiiments, these efforts were measurably checked by the activity of those officers who were seeking to enlist men for the 7th, 8th and 9th battalions, upon whose prompt completion depended their commlissions. The Continental Congress had agreed to receive *these additional regiments on the Continental establishment, but it would receive no regiment with less than 300 men enlisted for three years or the war. To obtain men high bounties had to be offered. Money was scarce, and arms and equipments were still scarcer. Numerous recruiting officers representing every regiment and company were scouring the State, while officers from:Georgia and South Carolina were likewise engaged in soliciting *enlistments for their,rganizations. To the West the Militia were absent with Gen. IRutherford, -who, having led them to subdue the Scovillites in 1775, was now,subjugating the Indians, having three thousand men with him on 'that expedition. At the East the brigade of Militia sent to South Carolina lunder Gen. Allen Jones for five months was still absent in the spring. Besides, the divisions of the people were a hindrance to recruiting, for, while the proportion of tories in North Carolina unay have been less than in any other State, yet the number even here was so great as to be a continual menace, and the strength -which entire unity would have given was greatly impaired by the ilfluence of the disaffected in every part of the State. Altogether, after the first impulse of patriotic ardor had subsided, recruiting for the regiments raised for the war proceeded but slowly. It was no easy task to raise the new battalions. (Gov. Caswell was very energetic and active, and knowing that nmuch depended on the personal skill of the officers in recruiting:as in other matters, and having reason to believe that Col. Abram -Sheppard would prove successful, he procured an order of the Provincial Congress directing Col. Sheppard to raise a tenth regiment. Col. Sheppard at that time was in South Carolina in corn-.mand of one of the battalions of Militia under Gen. Jones. He had served as Lt. Colonel with Caswell at Alamance, and perhaps at Moore's Creek, and had been very efficient as Colonel of the 3Mlilitia ot Dobbs county, and had readily organized the detach PIP-,EFATOIZY NOTES. xv Xvv mient that Ihe coinmanded in South Carolinia. Caswell's confidenice in his ability to raise a newv reglment led to his appointment, and hie was inrvested with lpower to appoint his own officers ini order to give Iiimi additional opp~ortunities for success. 13lt, niotwithstanding thie activity of himself arnd his officers, it was long betfore the requisite three llun.l1red soldiers were. enlisted anid lroun'ht together. poni the departure of Geen. 'INash froin Halifax, Col. John A.WilliaI.ms of the 9th was left ini command of that cam), and. as r1alpidly as possible recruits for the older reirne its were collected there anrl sent torwardi in detachliments, an-d thie 7tl6, 8th, and 9th were br'oucght together and tlieir organization perfected. Three officers from each of the nine regiments wvere detailed to con.tinue recruiting, anid on September Ist Col. Williaams broke camyp and mi~oved the enitire force NTol orthward to join the G-rnd Army. The 10th regiment was organized at Kinston early in August, 1777, but, although ordered North in September, along with Capt. Johin Vanice's Artillery Co mnpany, it was not until Noveinher that Col. Sheppard could inove, so utter~ly wretched were thie facilities for obtaining needed supplies and(I equIpments. Tihe regiments that reached WVashiington early were at the battle of 'B3randywine, being in the division coummanded by Lord Stirlirg. fLater they were at Germantown, where" unhappily the bravc (A en. IN'ashi fell mortally wvounded; Col. Buincombe also wronllded unto death anid captured; Lt.-Col. Irwin killed anrd MTuPj. WNilliami Polk i)ladly wounded; and other serious losses were suffered. On. the death of G-enm. _NTash, General Lachlan Mcintosh of Georgia was assigned temporarily to the comm-and of the Brigade, to which were united all the N. Carolina regiments as they successively joined WV ashington's camp. It was thought that _TN'Torth Carolina, by reason of' her large forces in the field, was entitled to have a Ma,.jor Geineral aind two Brigradiers in Washington's army, and our delegates to the Continental Congress urged up.on the legislature to express a prefere nc e for suchl appoinrtiments. Cornelius Tarnrett, one of the delegates, wrote that the officers in time ariny desired that Colonels Sunnner and Clarke should be selected, and the legislature so recommennded; but Congress delayed action and the year closed without any appointment all of our teim regiments being with XVI PREFATORY NOTES. Washington duiriiin tile terrille winter at Valley Forge and endluriing the hiardshlips that have rendered that encampmient memorable in ]h.istory. At the lVeest.-Tlie British plaii for subjiugatingi the Carolinas contemlpla-ted brilnginlo the Indiilanis down upon the frontier, and in the summier of 1776 a stir amlong the Cherol.ces was observed, arnd several lmassacres occurred. Trhe Council of' Siafe.ty, being desirous of preventi:ng an outbreak, resolved to sit at. Salisblury, where they might miore readily preveint an outl.)lcbe, but on July the first tlhe Indians, knowing that the:British flect cwas to atttack Charleston, began.hostilities in South Carolilna..-1ll hopes of )peCace being thus fir.strated, (7en. I.tlhtloelrford was d.i.rected to embody a force of MIilitia and nmarich into their country, c o-operatinlg with GCe. 7 Williaminson. who was mnar;chlingl' from. South Caroli na. Genl. "Rntllerford left -Ro-an Conunty on eIlly 1sth wi.itl two thousand five lhundre(l MAi.litia; and Col. J'oseph)li. Taylor Nwas ordered to join. himn with five hundred of tlhe Il:.illsboro briogade; but before this de tac(:hnlmert had crosse(l the rlmollntains it Nwa1s tholught unnrieceS'sarlyv for them to )proceed fn.rt.her, atld they retinl ieed. Si mu-lnlt anleousl y w ith this mr:.tove rn t enti against the.Lower Towns and Middle Set.tlelmeits, Col. Christian of 'Virinia. moved against the Ullppel Settletments of the In(dialls, i(listiliguished as tle ()ver-hill Towns, and Gen. Ruthtlerfordl, l)eiI so ocel, s to hinm a detachment of six lundred Nortih Carolina Militia, under the comlla.lnd of Col. Joseph William.i:s, Col. Love and MaIj. Winston. All of these opera.tions were successfiul. Gei. R.Iutherford pased thle Inonntains on September lst with a force descr'ibed as "' chosein riflemeiCn, the equal of any on tlis Conltinent." At Catlthey's Fort, just this side tie m.oun.tains, hle xIas joined by Col. Mlartin Arm)strong with a regiment from Surry County, one of whiose Captaills was B1enjamin Cleaveland, and William.i Lenoir was a Liectei antit in the sane company. They destroyed thirty or forty Indian towns and left the Indians in a starvin.g condition. In February the Indians again l)ecame hostile, notwithstanding the treaty of peace that had been informally agreed on, and a detachnient of militia was sent to the District of Washington, and one hundred and fifty mren were ordered to range on this side PREFATORY NOTES. XVII the mountains to prevent Indian depredations. Later Gen. Rutherford was directed to raise eight independent companies, four for Washington and four for Tryon, Burke and Surry, to be employed in building stockades, scouting, &c. All of this service was fine training for the men who afterwards were destined to play such an important part in resisting the invasions of Cornwallis. Situatceion in the State.-It must not be supposed that the disaffected elements throughout the State were entirely quiet after the rout of Gen. McDonald at Moore's Creek in Feb., 1776. In July of that year there were tories in arms in Surry, and disaffection manifested itself openly in Guilford; and in that month, the Council of State, writing to Gen. Rutherford, tell him that they cannot send him any troops from the Hillsboro brigade as he " well knows himself how many disaffected persons reside in tha:t district and neighborhood." The people were by no means of one mind on the subject of independence and separation. Iad they been so, the task of the patriot leaders had been easier; but their daring, their constancy and fortitude would not have entitled them so thoroughly to the gratitude and admiration of succeeding generations. But while every community and section of the State was more or less divided in sentiment, it is to the honor of the public men of that period that no representative of the people, no man who had been honored with their confidence flinched when the test came or failed to move steadily forward through the gloom and obscurity of the doubtful and hazardous issue. The spirit that animated them is well exemplified in Sam Johnston's letter tendering his resignation of Treasurer of the northern division to which lie had been re-elected by the Legislature in April, 1777. " In the infancy of our glorious struggle," he wrote, " when the minds of many were unsettled and doubtful of the event, I joyfully accepted every appointment that was offered by my fellow citizens, and readily stood forth to give testimony of my concurrence and approbation of every measure which tends to the security of the most inestimable rights of mankind; at this period when the Constitution of this State is happily, and I flatter myself, permanently established, when all doubts and apprehensions are entirely removed, and a number of gentlemen of unquestionable integrity and abilities are ready to offer their XVIIT PRIEFATORY NOTES. services in every department, I most hliumbily request the favor of being perltnitted to (lecline that very honorable and lucrative appointmrren t." Blit althoug. many a mtay h.ave been willing then to take office, still there was a large (lisafiected element. A test oathl was required by act of assembly to be tendered to all citizens, aind those who refused to take an oath of fidelity to the State were requiredl to give bond and security to depart the State in sixty days. This led to the exile of large numbers of loyalists, amongl them being Col. Hamnilton, a Scotchman who resided in Halifax, and who going to Florida organized there a regiment of North Carolina Loyalists. Indeed Col. David Smith of Cumberland informed Gov. Caswell in July, 1777, that " it was evident that two-thirds of Cumberland county intend leaving this State and are already become insolent, and it is apprehended will be troublesome." About the same time there were such movements that apprehensions were aroused that a hostile outbreak was intended; and Col. Williams was ordered to march the Continentals from the camp at Halifax to Cross Creek, and Col. Sheppard to lead the 10th regiment from Kinston to that point, while Gen. Ashe was directed to call out the militia of the Wilmington district to protect the magazine of stores at Wilmington. While it appears that a hostile rising was not then intended but that the object of the great crowd that came together to Cross Creek from Duplin in the east to Orange, Chatham and Guilford in the west was merely to take the salt stored there at their own price, yet the affair illustrates the fact that the authorities were alive to a widespread disaffection throughout the State. Indeed Gen. Ashe on that occasion, says that he found so much disaffection at Wilmington and the surrounding country, that he did not believe that the well affected part of the militia of that county would exceed three hundred men! It was just at that time, July, 1777, that a conspiracy for the tories to rise and fall upon their neighbors throughout the Eastern counties was discovered. Lt.Col. Irwin, of the Continentals, being at that time at his home in Tarborough, wrote to Gov. Caswell, "I am sorry to inform you that too many evil persons in this and the neighboring counties have been joined in a most wicked conspiracy; but I am in hopes 1 IREFATO()Y NOTES. XIX it lmay be stoplped as many have conme in and made all the discovery they know of. About thirty of them made an attempt on this place, lbntt luckily I had al:)out twenty-five men to oppose them, and I disarmed the whbol.( and made manylr take the oath." The lrincipal:l mover in that plot was supposed to be Mr. Brimage, wlho was a person of somle conseqlluence in tlhe nortl-easstern section..le was arrested and eventua'lly sent out of' the State. These disaffec ted persons not only interfered with the recruiting, but were a mena.ice.to t- he public peace and, p)articularly, to the magazines in the different sections of the State, and made it necessary that whenever any ammunition was moved that it should be strongly guarded. Civil.fafairs.-On the adoption of the Constitution by the Fifth and last Provincial Congress, Caswell was by an ordinance of the Congress declared to be Governor of the State until the end of the next session of the General Assembly, and a Council of State was appointed to sit withl the Governor whenever any important business was. to be transacted. The Congress also provided for Courts of Justices of the Peace, and, because the jails were filled with criminals, also for temporary Courts of oyer and terminer, to be held in the several districts. Gov. Caswell appointed the Judges to hold these courts, and in some of the districts they were held during the months of February and March. The first General Assembly of the State met at New Bern, on the 7th of April, 1777. Sam Ashe was Speaker of the Senate and Abner Nash of the House. On. the 18th of April Caswell was re-elected Governor; and acts were passed for regulating the Militia; for establishing Criminal Courts, and also Courts of Pleas and Quarter Sessions; to promote recruiting; concerning tories; for a general assessment; to carry on the Indian war; and to establish Courts of Admiralty, while Collectors of Customs were appointed for the various ports. Gen. John Butler was elected Brigadier General in the Iillsboro district, srcceeding Gen. Person, and Genl. William Bryan for the New Bern district to succeed Gov. Caswell. While care had to be taken to guard against the incursions of the Indians at the West, and the East was threatened with British invasion, and XX PREFATORY NOTES. the disaffected at home were a menace, the energies of the administration rose equal to the occasion and every necessary detail received careful attention. Even ships of war were fitted out and equipped, and vessels sent out to bring in supplies. We joined Virginia in building two vessels to protect our inlets, and at Edenton the Brig "Pennsylvania Farmer" and the "King Tammany" were fitted out, and at New Bern the privateers " Sturdy Beggar " and the " Nancy " were prepared for sea, and at Wilmington the " General Washington." Efforts had been made to establish a foundry at Deep River to cast cannon and balls, and strenuous endeavors w.ere made to increase the supply of powder, lead and salt and to obtain needed munitions of war and clothing for the soldiers. In short the duty of preparing for a long and exhaustive war and of putting in successful motion the wheels of the new government engaged the constant services of those devoted patriots, who filly realizing that they must" hang together or be hanged separately," addressed themselves to the business of government with a prudence, sagacity and firmness that challenge admiration. Where all were so zealous and capable, it might be invidious to particularize any in these notes; but the Editor cannot refrain from directing particular attention to the communications to the Governor by Dr. Burke, one of the delegates to the Continental Congress, and regretting that the practice he began of journalizing the proceedings of that body was not continued. His letters show that Dr. Burke was one of the foremost men of his day and give him easy rank along with Johnston, Harnett, Hooper, and the other distinguished men of the period; while of Caswell we may safely say, that he certainly was the right man in the right place. COLONIAL RECORDS. SUPPLEMENT. Papers from 1730 to 1776, which have been obtained since the publication of the 10 Vols. of Colonial Records. 1730. [B. P. R. O. PLANTA'TIONS G(:TNEIRAL. B.T. VOL: 55. P. 65.] Copy of the King's Warrant appointing Jeames St John Surveyor of Lands in South Carolina and Inspector of Quit Rents in North and South Carolina of ~100 'i Ainn: Proclanmation M[ony of Carolina during Pleasure. March 22""( 1730; GEORGE, R. George the second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c: to all to whom these presents shall come Greeting Whereas by means of good and sufficient assurances in the Laws and by virtue of an act of Parliament passed in the second year of onr Reign Intituled An Act for establishing an Agreement with seven of the Lords Proprietors of Carolina for the surrender of their Title and interest in that Province to his MIajesty We our Heirs and Successors are seized in right of our Crown of and in all these seven undivided Eighth parts (the whole into eight equal Parts or Shares to be divided) of and in sundry Provinces or Territories called Carolina which his late Majesty King Charles the Second granted in perpetuity to sundry Persons in the said Act named their Heirs and Assignes and made created and constituted the same Persons their Heirs and Assignes the true and absolute Lords and Proprietors of the said Country and by virtue of the same assurances and Act of Parlia 2 COLONIAL RECORDS. ment seven eighth parts the whole into eight equal parts to be divided of all and every arrears of Quit rents and other Rents sum and sums of money debts duties accounts Reckonings Claims and demands whatsoever then due and owing to the said Lords Proprietors are vested in us our Ieirs and Successors as in and by the said conveyances and assurances the Tenours whereof are recited in the said Act and also by the said Act relation being thereunto had may more fully and at large appear. Now Know ye that we very much confiding in the Ability Care and Fidelity of our Trusty and Wellbeloved James St John Gent have nominated constituted and appointed and by these Presents do nominate constitute and appoint him the said James St John to be our Surveyor General for the admeasuring Surveying and setting out of Lands in that part of our Province of Carolina called South Carolina and to do execute and perform by himself or his sufficient deputy or deputies all things whatsoever which belong to the said office of surveyor general and to receive and take all Fees Perquisites Profits and Advantages whatsoever thereunto incident or appertaining. And Whereas we are advised it will be for our service that a particular officer should be appointed to inspect and comptrole the Quit Rents and other Rents and Revenues arising to us as well within our said Province of South Carolina as within our Province of North Carolina Know ye therefore that we have nominated constituted & appointed and do by these Presents nominate constitute and appoint him the said James St John to be the Inspector and controller of the Quit Rents and other Rents and Revenues arising to us as well within our said Provinces or Territories aforesaid To have hold exercise and enjoy as well the said office of Surveyor General as the said office of Inspector and Controller by himself or his sufficient deputy or deputies for and during our pleasure and we do hereby charge and require the said James St John in the exercise and execution of the said respective offices or either of them to observe and perform all such orders Iules and Instructions as either We or the High Tr6asurer or Commissioners of our Treasury for the time being or our Commissioners for Trade & Plantations for the time being slall in that behalf from time to time think fit to order direct and appoint And for thle encouragement of the said Jaimes St John to execute the said respective Offices and every of them in all things as e)comctll We have given and granted and COLONIAL RECORDS. 3 do by these presents give and grant unto the said James St John the salary or allowance of one hundred pounds {2 ann: in the Proclamation money of Carolina which said allowance of One hundred pounds per. ann: is to commence from the day "of the date hereof and to be had and received by him or his assignes from time to time Quarterly during our Pleasure out of our said Quit rents or other our said Rents and Revenues by the hands of the Receiver General thereof for the time being and the acquittances of the said StJohn or his assignes for the same shall he unto our said Receiver General good and sufficient discharges for the payment thereof. And we do hereby order and direct that these presents be forthwith entered and inrolled before the Lords Conmmissioners for Trade and Plantations and before the Auditor and Surveyor General of our Revenues in America and being so entered and inrolled we do charge and require all our Governors Lieut: Governors Commanders in Chief and other our Officers and Ministers whatsoever within our said Provinces and Territories to take notice thereof and to be aiding and assisting unto the said James St John his Deputy or Deputies in the due Execution of any the Offices to which he is hereby nominated in all things as becometh and as our Service may require. Given at our Court at St James this 22'i day of March 1730, in the fourth year of our Reign. By his Majesty's command Sign'd, R. WALPOLE, W'V CLAYTON, Wm1 YONGE. Intratur in Offic Horat Walpole Armig Audit Americ 26 die March 1731 Anno Rni Georgii 2d'i Reg Quarto Pet: Leheup. 4 COLONIAL RECORDS. [ B. P. R. O. PLANTATION GENERAL B. T. VOL. 55. PAGE 76. ] King's Warrant for John Hamnmerton Esq-Receiver General of His Majesty's Revenues in Carolina during his Majesty's pleasure. 16th SEPTEMBER 1730. George the Second by the Grace of God of Great Britain, France and Ireland King Defender of the Faith &c'1. To all to whom these Presents shall come Greeting. Whereas by means of good and sufficient assurances in the Law, and by virtue of an Act of Parliament passed in the second year of Our Reign intituled [ An Act for Establishing an Agreement with seven of the Lords Proprietors of Carolina for the Surrender of their Title and Interest in that Province to His Majesty ] We Our Heirs and Successors are seized in right of Our Crown of and in all those seven undivided eighth Parts the whole into eight Parts or Shares to be divided of and in sundry Provinces or Territories called Carolina which his late Majesty King Charles the Second granted in propriety to sundry Persons in the said Act Named their Heirs and Assigns and made, created and constituted the same Persons their Heirs and Assigns the true and absolute Lords and Proprietors of the said Country. And by virtue of the same assurances and Act of Parliament seven eighth parts, the whole into eight equal Parts to be divided of all and every the Arrears of Quit Rents and other Rents, Sum and Sums of money, Debts, Duties, Accounts, Reckonings, Claims and Demands whatsoever then due and owing to the said Lords Proprietors are vested in Us Our Heirs and Successors as in and by the said Conveyances and Assurances the Tenours whereof are recited in the said Act, and also by the said Act relation being thereunto had may more fully and at large appear. Now to the end Our Estate and Interest as well in the said seven undiAided eighth Parts of the said Provinces and Territories as in the said seven undivided Eighth Parts of the said Arrears aird likewise in seven undivided Eighth Parts of all Quit Rents and other Rents, Sum and Sums of money, debts, duties, Accounts, Reckonihgs, Claims and Deinands arising, accruing or otherwise becoming due and payable unto Us from time to time COLONIAL IRECORDS. may be known had received taken and accounted for in manner as they ought to be. Know ye that We very much confiding in the fidelity, care and circumspection of Our Trusty and Welbeloved John Hammnerton Esq. have nominated, constituted and appointed, And do by these Presents nominate, constitute and appoint him the said Joln Hammerton to be Our Receiver General not only of all Rents, Revenues, or other incomes whatsoever arisen or to arise or become due and payable unto us by reason or means of our said respective seven eighth Parts afore described but also of all other Rents, Revenues, Fines, Forfeitures or other Incones whatsoever, arising, becoming due and payable or which shall or may arise and become due and payable unto Us in right of. Our Crown within Our said Provinces and Territories of Carolina. To have and to hold the said Office unto him the said John Hammerton for and during Our pleasure And We do hereby give full Power and Authority to the said John I-ammerton to give Receipts or Acquittances for the suns which shall from time to time e h had received and taken by him Which Receipts shall be good and sufficient Discharges for the sums contained therein. And the said John HIammnerton is hereby also aulthorized and inmpowered in case of non payment of any of the Rlents, Revenues, Incomes Sum or Sums of money whereof he is appointed Our Receiver to levy the same by distress, and sale of such distress, rendering the Overplus if any to the Owner or by such other ways and means for recovering our riglits and dues as the Laws of Our Kingdom of Great Britain or the Laws of Our said Provinces of Carolina do and shall warrant and allow in Cases where the Payment of the Revenues and Incomes of any kind due to and belonging to Our Crown are delayed or not duly and punctually paid or in danger of being lost. And to the end the said John Haninerton may be encouraged diligently to attend the said Office of RIeceiver General and to execute the same with care and fidelity And We may be acquitted and released from all Cravings and Demands whatsoever in respect to any Charges or Expences that he shall or may be at in exercising or executing the same. We are Graciously pleased to grant and allow unto hlim the sum of Ten pounds qP Centum upon and for all Monies or value of Monies which shall be receivsd taken and collected by him within Our said Provinces.or Territories and with whichl le shall be clarged 6 COLONIAL RECORDS. from time to time in his Accounts. And We do hereby give full power and authority to the said John Hainmmerton to retain and keep to his own use out of the produce of his said Receipt the said Allowance of ten pounds per Centurn accordingly. And the said John Hammerton is hereby required to account yearly and every year upon Oath for the Monies of his said Receipt before the Auditor and Surveyor General of Our Revenues in America for the time being, and to answer and pay the monies that shall from time to time be and remain in his hands in such manner as We by Warrants under Our Royal Sign Manual to him-directed or by any Instructions under Our Royal Sign Manual to Our Governors or Commanders in Chief of those Our Provinces or Territorys for the time being shall direct and appoint and not otherwise. And Moreover We do hereby charge and require the said John Hammerton to give or secure good security to be given in Our Court of Exchequer in this Our Kingdom to the good liking of the Commissioners of Our Treasury, for the due exercise and execution of the said Office of Receiver General and accounting yearly to our said Auditor and Survevor General of Our Revenues in America in manner before directed. And We do hereby order and direct that these Presents be forthwith entred or inrolled before the said Auditor and Surveyor General. And being so entred or enrolled we do charge and require all Our Governors, Lieutenant Governors, Commanders in Chief and other Our Officers and Ministers whatsoever within Our said Provinces and Territorys to take notice hereof, and to be aiding and assisting unto the said John Hammerton in the due exercise and execution of the said Office of Receiver General in all things as becometh and as Our service may require. Given at Our Court at Windsor Castle this sixteenth day of September 1730 in the fourth year of Our Reign. By His Majesty's Conmmand. R. WALPOLE.O VT W. CLAYTON WILL YONGE. COLONIAL RECORDS. 7 [ B. P. R. O. PLANTATIONS GENERAL B. T. VOL. 56, P. 108. ] King's Warrant appointing Daniel Germain Provost Marshall and Commissary in North Carolina. 30th NOVEMBER 1730. GEORGE R, Trusty and welbeloved We greet you well. Whereas We have taken into our Royal consideration the Loyalty Integrity and conduct of our Trusty and welbeloved Daniel Germain Esqr" We have thought fit hereby to authorize and require you forthwith to cause Letters Patents to be past under Our Seal of that Our Province of North Carolina in America, for constituting and appointing him the said Daniel Germain Provost, Marshall, and commissary of and in Our said Province To have, hold, exercise and enjoy the said office unto him the said Daniel Germain by himself or his sufficient Deputy or Deputies during our pleasure, together with all and singular the Rights, Salaries Fees, Profits, Privileges and emoluments thereunto beloning or appertaining, and for so doing this shall be your Warrant. And so We bid you Farewell. Given at Our Court at St. James's the thirteenth Day of November 1730, in the Fourth year of our Reign. -By His Majesty's Command HOLLES NEWCASTLE [B. P. R. O. PLANTATIONS GENERAL B. T. VOL. 56, P. 107. ] King's Warrant appointing John Montgomerie Esq" Attorney,General for North Carolina. 30th NOVEMBER 1730. GEORGE R, Trusty and welbeloved, We greet you well. Whereas we have taken into our Royal consideration the Loyalty integrity and ability of our Trusty and welbeloved John Montgomerie Esqre We have thought fit hereby to authorize and require you forthwith to cause Letters Patents to be passed under Our Seal of that Our Province of North Carolina in America for constituting and appointing him the said John Montgomerie Our Attorney General 8 COLONIAL RECORDS. of and in Our said Province To have, hold execise and enjoy the said Office unto him the said John Montgomerie during our pleasure and his Residence within Our said Province together with all and singular the Rights Salaries, Fees, Profits, Privileges and Emoluments thereunto belonging or appertaining and for so doing this shall be your Warrant. And so We bid you Farewell. Given at Our Court at St. James's the 30th Day of November 1730 in the Fourth year of our Reign By His Majesty's Commands HOLLES NEWCASTLE [B. P. R. O. PLANTATIONS GENERAL B. T. VOL. 56, P. 106. ] King's Warrant appointing Nath1 Rice Esqr" Secretary or Clerk of the Crown in North Carolina. 30th' November 1730. GEORGE t, Trusty and welbeloved we greet you well. Whereas We have taken into our royal Consideration the Loyalty Integrity and Ability of our Trusty and Welbeloved Nathaniel Rice Esqr' We have thought fit hereby to authorize and require you forthwith to cause Letters Patents to be passed under Our Seal of that Our Province of North Carolina for constituting and appointing hini the said Nathaniel Rice Secretary and Clerk of the Crown of and in Our said Province To have, hold, execute and enjoy the said Offices during our Pleasure and his Residence within Our said Province together with all and singular the Rights, Salarys, Fees, Profits, Privileges and Emoluments thereunto belonging or appertaining. And for so doing this shall be your Warrant. And so we bid you Farewell. Given at Our Court at St. James's the 30)t Day of November 1730 in the Fourth year of Our Reign By His Maljesty's Commands HOLLES NEWCASTLE COLONIAL RECORDS. 9 [B. P. R. O. PLANTATIONS GENEhRAL B. T. VOL. 55. i. 85.] King's warrant appointing William Smiith Esqr' Chief Justice of North Carolina. 30th Novembeer 1730. GEORGE R. Trusty and Welbeloved we greet you well. Whereas we have have taken into Our Royal Consideration the integrity and ability of our Trusty and welbeloved William Smith Esq're We have thought fit hereby to require and authorize you forthwith to cause Letters Patents to be passed under Our Seal of that Our Province of North Carolina in America for constituting and appointing the said William Smith Our Chief Justice of and in Our said Province; To have hold execute and enjoy the said Office during Our Pleasure and his Residence within Our said Province together with all and singular the Rights Profits Privileges and Emoluments into the said Place belonging or appertaining with full Power and Authority to hold the supreme Courts of Judicature at such Places and Times as the same may and ought to be held within Our said Province. And for so doing tils sliall be your Warrant and so we bid you Farewell. Given at our Court at St. James's the thirtieth Day of November 1730. in the fi)ourth year of Our Reign. By His Majesty's Command HOLLES NEWCASTLE To Our Trusty and Welbeloved George Burrington Esq1r, ()ur Captain General and Governor in Chief of our Province of North Carolina in America, and in hlis Absence to our Comman.der in Chief or to the President of our Council of our said Province for the time being. 10 COLONIAL RECORDS. 1731. [B. P. R. O. So CAROLINA B. T. Voi. 7, E. 79. ] A Copy of Mr. Wates's Journal to North Carolina begun May 10t' 1731. On Monday the 10th of IMay at Edintown I had the opportunity of speaking with Willm Blunt the intended King of the Tuskerorers and Capt. George and six other Indians who came there as they were sent for by Governor Burrington to meet me. And in the presence of the Govr and Col. and some of the Assembly I showed them the Instructions I had received under the Great Seal and by the Interpreter WJl1 Charlton tould them that. was the substance of what I was sent to say to them that it was the words of the Govr & Con' and Great men in SO Carolina and that I was come to know the reason why they came into our Government to take away our Slaves and kill our cattell and take and kill the free Indians that lived amongst us and had no Warrs with them. To which they answered it was not them but it was the Seenecass that had done it. I replyed that was faulse that I had seen their tracts all along the path to Cape fail and had spoke with John Bernett MIr Pawly Cap" George Bennet and that the man with me knew 2. or 3. of thenm also Who coming in they began to talke amongst themselves. Upon whiohl I had the interpreter aske them if they did not know the man that I expected they were sent by King Blunt to talke true and not to tell me lies. Upon which they confes'd they had been at his House but did not want to carry away the woman there but that the man was afraid for nothing. I bid the Interpreters to ask them if that was nothing also to take M' Mashos Indian Slave before his face and kill the horses upon the spot. To which they answered it was not them that it was the Senecas's and that man pointing to one of their company was with them and tould them it was not good for them to do so and that they must not meddle with Slaves but tlat signified nothing for they would not hear hiim. CGLONIATL RECORDS. 11T I bid the Interpreteri aske them if they had not formerly been sent for down before the Governor when they had been in our Settlements and killed severall Indians and carried away a slave from Mr Sumerhoof at Winyaw which slave they had brought and delivered up to Co1" Moore If then they did not promise to come no more into our settlements yet now they had broke that promise and did not regard it. They answered it was true they did promise so but that last fall: some Indians came to the head of new river and killed Capt Jack and wounded one more of their people and a party of Senecas's coming to their Town to go against, the Catabos's they went out with them and coming to that place followed the tract to the head of Wacamnaw River and did beleive they came down that River into our Settlements and that they found a small Fort and solme Indians between Santee and Winyaw Rivers at a White Manls Plantation and in the night they went up to the Fort and fired in, but could not tell if they killed any or not and so returned directly. I reply'd it was true what they said about the Fort but that they had been at a Plantation at Black River also and there in a very rude way took some shirts that Were in wash and put them on and also carried away some cloth and that they had killed cattell in 2. or 3. places now as well as formerly that they could have no pretence of Warr with our neighlbour Indians but because they came with us against them in the NO Carolina Warr and we looked upon their doings as if they wanted warr with us. But they answered they did not want warr with us that it was. the Senecass had done that and they were blamed for nothing that. the same man was with them when they took the shirts and cloth as was by when they took the slave ard all he could say to them. signified nothing. I had the Interpreters tell them I knew it was certainly them for C(apt Peter who I did expect would come with themi and who, they say is now a beaver hunting has been twice in our settlements and done mischief and his being absent now looks like as if they had left hini in SO Carolina hunting for our slaves and killing our Cattel for I knew this was not the time to hunt beavers. They answered that the S~ Carolina Indians were now about their Towns that they had seen their Tracts and both cattle and. 12 COLONIAL RECORDS. 'hogs that they had killed and some of tNeir children going for wood saw one of them. I asked them if it was their cattell and lhogs that were killed. They reply'd it was the white peoples. Upon which I asked them.if the White people had sent to them to complain and hlad the Interpreter tell them that severall of the gentlemen there had tolnd me that when they had killed their cattle or hogs they would:say they saw the tracts of SO Carolina Indians and so indeavour to lay the blame of it upon them as they did to me upon the Sene-.cas's in South Carolina. Upon this they took some time to taulk amongst themselves and the Interpreter being asked what they said reply'd they said it signified nothing to taulk with me any more for I would not believe them and as long as I would not believe them for what did I give them the trouble of 'oming 40 miles for nothing. To this I had the Interpreter tell them I had come four hun-dred miles to taulk with them and did they think much of coming 40 miles that I did believe them it what was true but when they told lies and said they did no hurt in S~ Carolina but laid it upon the Senecas's who were not there to answer and wlhen I knew they did attempt to carry away my slave before and tried to break into the houses several times in the night and CaRp George had told M' Pawly that they were Senecas's and would not speak English till John Bernet came who knew him very well tlen lie could speak English and tould Mr Pawly that they were Senecas's and Tuskerorer's were all one yet now you make a difference and lay all the blame upon the Senecas's though you yourselves own that you.came down into our settlements with them and tlat that man of Tyours was with thenm all along. NTo I am. not come so far to hear and believe lies lett the Govern1r judge if you speak true. Upon which the Govbrnor had the Interpreter tell them it was very evidently plain it was them and that their laying it upon the,Senecas's if any Senecass were with themr that was nothing to the purpose and no excuse for them for they had confessed they went out with them and one of their people was with them at taking the slave and killing the horse and taking the shirts and cloth before the white peoples face. After some taulk amongst themselves they answered they -thought they should have blame about it but they could not help COLONIAL RECORDS. 13: what the Senccass had done but for themselves they would go no more into our settlements if I would forgive them this time and: speak to the Governor when I went back to forgive them. But I had the Interpreter tell them that would not do for I was commanded by the Governor to demand payment for the damages. they had done and a delivery of the slaves they had taken without which I could settle no terms of peace or friendship with them. Upon which they asked for what slaves and for what damages I wanted pay I answered them for 3 cattell and a horse of M3 Pawleys and for two more at Black River of M1'r enlys formerly when. Cap" Peter came into our settlements and now M'r Afashos slave and horses and for a cow and calf they had killed and for the shirts and cloth they took and for a slave of Mi' Bells which they took away fiomn Black River about three months past. They bid their Interpreter aske me who see them take that slave. To which I answered nobody bnt that they were seen that very time about the Plantation and I knew by their asking who see: then take him that it.was some of them because I found they knew nobody saw them take him. After a short tailk amongst themselves they asked if the fellow had a gun for may be he was run away. I answered he had a gun as they knew well enough but they wanted to make me believe he was run away. They answered they knew nothing of it nor of the cattle formally and as to what was done now the Senecas who did it must pay for it. To this I bid the Interpreter ask them if they knew nothing of the Slave also that Capt. Peter took from M'r Sumerhoof and returned to Coll: Moore when he went up to their Towns. and threatened them to bring the Catabos's upon them that now they began to taulk lies to me as they did before and say I must look to the Senecas's for pay when I have followed their Tract all along the path and no it is them and none elce and that Capt George theretold'3Ir Ash he would go through our Settlements in the fall with 50 men to look for Indians at the Southward. To this they made no answer but taulked some time amongst themselves till I bad the Interpreter ask them again if they would make any payment for this last damage or return the slaves and if not I 14 COLONIAL RECORDS. I was ordered to tell them our Govr would look on them as Enemys and send the Cherokees and Catawbos's to cut them off. That the former Govr had sent a letter now I was sent and if this not do they might be assured the next would be an Army to bring them to reason. They answered the Cherokes and Catawbos were at warr and they killed one another which they knew and did not fear they would both conme against them. I reply'd they were no way to suffer if it was so far it was in the power of our Government to make them friends when we pleased and if there was neither Cherokees or Catabos's as we ourselves had men and strength enuff to cut them all off and if we came it would be much tie worse for themn for they might ask the Governor if we were not all one people under one great King and if the injuries they did was not the beginning of a war with us all N~ Carolina must be their Enemnys also and help us and this you all must know if you remember in the old warrs that we were all one people. To this they answered that they did not nor would not do any to us to cause a Warr but why could we not let them that were Indians alone to make war against Indians without our meddling with it. I answered they might war with the Indians without our settlements Till they had enuff of it if they did not come into our settlements to kill our cattle and take our slaves and rob houses but they did so and would make no reperation I was sent to let them know that we could look on them no other ways but as cnemys designing to make war upon us. They answered they had often told me it was not them that did us hurt and if I had nothing to say more they wanted -to make haste home because they had discovered some Catabos's about their Towns before they came down that the Senecas's had carried AMashos slaves by their Town four days before they were sent for and if I wanted any pay I must look to them for it. I told them at my return our Govr would soon write to the Governor of New York to let the Seneca's know what lies they tould of them and that in the mean time they would find warr enuff from the Catabos's without going to seek for it in S~ Carolina. To which they bid the Interpreter to ask me if white men would come with the Catal)os', to war. COLONIAL RECORDS. 15 I answered they knew that the Catabos's and Soponis were three times stronger than they and that there was no occation for to send White men but if they were any more seen within our settlements they should soon find white men and Indians enuff to cut them off and leave them neither Town nor People and since they were so obstinate as to refuse to make good any damages they had done that was all I had to say to them. Upon which the Governor bad the Interpreter tell them that the Govr and people of SO Carolina had all the reason in the world to be angry with them that he would have them go out and consider what I had said to them and agree to pay me for if the So Carolina Indians came against them lie would give them no assistance and if they did any more injuries and the White people came against them he himself must be against them also and therefore they had better to consider well of it. Att which they all went out and two or three hours after tould the Governor they could not agree to pay anything upon which lie told them to tell me for I must carry back the answer they answered they would tell me by and by and the next morning they gave me the same answer that they could not pay any thing. But that they would come into our settlements no lmore but could not engage for the Senecas's not cominig. [B. P. R. O. S~. CAROLINA. B. T. VOL.. 7.. 79. 1 SIn I aml much honoured with your Excellency's commands whichll I received in a letter delivered by Capt Watis. We are all very certain in this country that the Tuscarora Indians are very great scroundrells they have been before me in Council examined and interrogated by Capt" Watis most of the facts charged on them fully proved yet they absolutely refuse to make any satisfaction. The good people in this Province are far.from likeing the vile Practises of these fellows and will not assist them on any occasion but rather favour any men you send against them-These Tuscaroras were in a very peaceable and quiet way before Sir Rlichard Everard was Governor but they are absolutely 16 COLONIAL RECORDS. at this time without any Government amlong themselves Mr Watis will inform your Excellency that I used my endeavours to perswade them to give reasonable Satisfaction for the injures they had done your people I'shall be very proud to receive your commands upon all occasions that offer for your Service and desire the honour to call myself S' Your Excellencys most humble and most obedient servt GEO. BURRINGTON. North Carolina May 11th 1731. [B. P. R. O. AM: & W. IND: VOL: 114. ] At the Council Chamber Whitehall the 17th day of December 1731. By a Committee of the Lords of His Majestys most Honourable Privy Council. His Majesty having been pleased by His Order in Council of the 29th of last month to referr unto His Committee the humble Petition of William Smith Chief Justice of North Carolina on the behalf of the Assembly several IMembers of the Council the principal Inhabitants Planters Merchants Patent Officers and Traders of His Majesty's Said Province containing Several Articles of Complaint against George Burrington Esq'e His Majesty's Governor of that Province. Their Lordships this day taking the same into consideration and thinking it proper before the hearing of the said Petition of Complaint that a Copy thereof should be transmitted to said Governor for his answer are thereupon pleased to order that a Copy of the said Petition and Complaint (which is hereunto annexed) be transmitted to the said Governor who is hereby required to return to this Board an answer thereunto together with such depositions or other proofs as he shall think necessary to support the same and that free liberty be given to the Complainant or his Attorneys or any other persons concerned to make Affidavitbefore any Judge or Magistrate in the said Province of what they know touching the same and that such Judge or Magistrate do COLONIAL RECORDS. 17 summon.before themi such Persons as the Complainant or his said Attorneys shall name which the said Governor is to signify to such Judge or Magistrate as soon as may be and that the Complainant or his attorneys do deliver unto the said Governor Anthentick Copy of such affidavits as shall be made in this matter as also that the said Governor do deliver unto the said Complainant or his Attorneys a Copy of his answer and of such Depositions as he shall think necessary for his defence within the space of one month after the receipt of this order as also that within twenty days after receiving each others proofs the S' Govr do in like manner exchange with the said Complainant the Replys that shall be made by affidavits or otherwise before they be transmitted to their Lordships and that the whole proceedings herein be returned to this Board under the Seal of the said Province within the space of six months from the date hereof And His MlajtYs said Gov" of N" Carolina & all others whom it may concern are to take notice hereof & govern themselves accordingly. And in regard M1r Lovick late Secry of the said Province & M1' Little late Receiver thereof are charged in the said Petition of Complaint with having let out great quantitys of;Land at a low Quit Rent without any authority from the Crown on the late Proprietors of the Provinces & without having rendered any account thereof to His MlajtY The Lords of the Committee do therefore hereby order that Copys of the said Petition be likewise transmitted to the said MN' Lovick and Mr' Little. -1732. [B. P. R. O. PLANTATIONS G4ENERAL B. T. VOL. 55 1P. 86G. King's Warrant appointing William Smith Esq"c Chief Baron in. North Carolina. llt':May 1732. GEOGRE R, Trusty and welbeloved we greet you well, Whereas we have taken into our Royal Consideration the integrity and ability of our Trusty and wellbeloved William Smith Esqre Our Chief Justice of and in Our Province of North Carolina in America We have thought fit hereby to authorize and require you forthwith to cause 2 18 COLONIAL RECORDS. Letters Patents to be past under Our Seal of that our said Province for constituting and appointing him the said William Smith, Our Chief Baron of Our Court of Exchequer in our said Province; To have hold and enjoy the said Office during Our Pleasure and his Residence within Our said Province together with all and singular the Rights Profits Privileges and Emoluments unto the said Place belonging or appertaining. And for so doing this shall be your Warrant. And so We bid you Farewell. Given at Our Court at St. James's the Eleventh Day of May 1732. In the Fifth year of our Reign By HIis Majesty's Command IOLLES NEWCASTLE To our Trusty and Welbeloved George Burrington Esqr' Our Captain General and Governor in Chief of Our Province of North Carolina in America And in his Absence to Our Commander in Chief the President of Our said Province for the time being. [B. P. R. O. S~ CARO;IN'A B. T. Vol: 7. E. 77.] South Carolina. Two bits of printed Paper relating to the Dispute about the Boundaries between South and North Carolina; referred to in Col: Johnson's letter of 15. Dee: 1732. Reed Febr' 22' 173i3. I being very much surprized at His Excellency Governor Burrington's Advertisement in this Paper of the 278t Instant relating to the Boundaries of the two Colonies of North and South Carolina and his manner of interpreting His Majesty's Instruction relating thereunto think it proper for the better information of those concerned to publish what I know concerning the Intention of His IMajesty's said instruction which is as follows. Governor Burrington and myself were summnoned to attend the Board of Trade in order to settle the Boundaries of the two Provinces Governor Burrington laid before their Lordship's Col: Moseley's Map describing the Rivers of Cape Fear and Wackamaw and insisted upon Wackamaw River being the Boundary. from the mouth to the head thereof, &c: COLONIAL RECORDS. 1.9 We of South Carolina desired their Lordships would not alter their first Resolution which was that a Line should be run beginning at the sea thirty miles distant from the mouth of Cape Fear River on the South-west Side thereof &c: as the first part of the Instruction published by Governor BLurrington sets forth: and their Lordships then concluded that that should be the Boundary unless the mouth of the Wackamalnw River was within thirty miles of Cape Fear River, in which case, both Governor Burrington and myself agreed Wackamaw River should be the Boundary. And I do apprehend, the word mouth being left out of the last part of the instruction, was only a mristake in the wording of it. And I think it proper farther to inform those it may concern that I have acquainted the RIt HIonourable the Lords of Trade of the different Interpretations Governor ]Burrington and myself have put on His Majesty's aforesaid instructions and have desired His Majesty farther orders thereon R. JOHNSON. I am informed that several persons in South Carolina have taken out Warrants there to survey land there on the North side Wackamaw River and on the Lands formerly possessed by the Congoree Indians which are now within this Government: therefore to prevent unadvised people from parting with their money to no pulrpose and to give Satisfaction to all persons whom it may concern I have transcribed His Majesty's Instructions for ascertaining tle Bounds of the two Governments of North and South Carolina. Instruction the 104th "And in order to prevent any Disputes that may arise about the Southern Boundaries of our Province under your Government We are graciously pleased to signify our pleas-. ure that a Line shall be run (by Commissioners appointed by suell each Province) beginning at the Sea 30. miles distant from the mouth of Cape Fear River on the South-west thereof, Keeping tle same distance from the said River as the course thereof runs to the main source or head thereof and from thence the said Boundary Line shall be continued due West as far as the South-Seas; but if Wackamaw lies within 30. miles of Cape Fear River then that River to be the Boundary from the Sea to the head thereof and.from thence a due west course to the South-seas. For the satisfaction of all Men that bouglht Lands of the late Proprietors, (before the King's purchase was completed) situated 20 COLONIAL RECORDS. on the North side Wackamaw River or in any other part between Cape Fear River and the line given by His Majesty to this Government I give notice their Rights and titles to all Lands so purchased as aforesaid are deemed and allowed to be good and lawfull by this government. N. B. The above recited Instruction is the same in His Excellency Governor Johnson's and mine except the word Southern before boundaries which is altered to Northern in His. The head of Wackamaw river is within 10 miles of Cape Fear River and is not distant so much as 30. miles in any place but a few miles before it runs into Winyaw Bay. GEORGE BURRINGTON. North Carolina. Sept: 11. 1732. [B. P. R. O. S~ CAROLINA B. T. VOL: 7. E. 72.] CHARLES TOWN. the 28th Sep: 1732. MY LORDs, -~ * * * ~<* X - * *X- * * [Extract.] Governor Burrington has by letter desired a Gentleman of this Province to advertize in the News Papers printed in Charles Town that all land on the North side of Wacanmaw River is by the King's Instructions in North Carolina Government and who ever has a mind to take up Lands there must take out their Grants in North Carolina your Lordships may remember how much he insisted at your Board to have all Wacamaw River the Boundary of the two Governments and that you were pleased to allow him but only 30. miles to the South of Cape Fair River Keeping the course of that River to the head thereof but he now interprets the latter part of Iis Majesty's 110th Instruction his own way waves the first part of it and says because Wacamaw River does 100. or 200. miles from the sea come within 30. miles of Cape Fair River that River is to be the Boundary from the nmouth of it: I did a twelve months ago by the advice of the Council write him word that he would send Commr' to meet his and Settle the boundarys but he has not answered that Letter and now desires the aforesaid a COLONIAL RECORDS. 21 advertisement to be published which makes it appear what lhe designs to insist upon and I fear no boundary can be settled unless yr Lordships please to declare that the Intention of that Instruction is that he sliall have no more than 30. miles to the South of Cape Fair River unless the mouth of Wacamaw River lyes within 30. miles of Cape Fair River which it does not for it is near 90. miles and comes into Wyniaw Bay as was made appear to your Lordships by the Map then before you for the River keeps a course Parralel to the sea a great way and makes a great neck of land which would bring his boundary into the bowels of our present Settlements on that side the Province therefore hope your Lordships will please to continue the Intention of the Instruction and let him and me know your pleasure. I am with great respect My Lords Your Lordships most obedient and mnost h'lumble servant. I:)Ot JOHNSON. Reed Dec"~r 22"" 1732. Read Augt 27t' 1735. [B. P. R. 0. So: CAROLIINA B. T. VOL: 7. E. 77. ] CHARILES TOWN, the 15th Dec: 1732. MY LOnRS, ~t. * *< X- *- *-* [Extract. ] I have before me your Lordships of June 21st relating to a Paragraph of Governor Burrington's Letter intimating apprehensions he is under that our Indians are expected to make some attempt against those of North Carolina I pretty much wonder he should be uneasy at the thoughts of that happening because by the Copy of his Letter he seems to think they deserve Chastisement and M[' Watis's Journal which I enclose who we sent our Agent to demand Justice of the Tuscorora Indians will fully aprize your Lordslips of all that affair. 22 COLONIAL RECORDS. A Nation of Indians called the Catawbas living within the Limits of this Government have a long time been at War with the Tuscororas of North Carolina and it is always the maxim of our Government upon the Continent to promote War between Indians of different Nations with whom we trade and are at peace with ourselves for in that consists our safety being at War with one another prevents their uniting against us. If any material action had happened on this affair I should have been sure to have given your Lordships a particular account of it but the Tuscororas not having since Mi' Watis's Parley with them before M1r Burrington done us any damage and the Catawbas having made no expedition upon the Tuscororas I thought what your Lordships might find mentioned in the Journals of Council & Assembly formerly sent your Lord8p' was sufficient It is true the five Nations are in amity with the Tuscororas and some of them were with the party who carried our slaves and horses away but we hear only fromn Mr Burrington of so furious a War being likely to be carried on they seldom attack one another in such large bodys Partys of 30. or 40. Men go out and if they can steal anything and kill 2. or 3. old Women or Men they soon return contented. Tis' only such a War that we hear of yet Indeed if again the Tuscaroras had insulted and robbed our Planters I believe we should have been obliged to have headed their enemies the Catawbas against them and then your Lordships should have had an account of it. I acquainted your Lordships with Governor Burrington's way of construing His Majesty's Instruction relating to the Boundarys of the two provinces which is very necessary should be settled I must therefore beg your Lordships explanation of the said Instruction I shall only observe that it will be very inconvenient Wacamaw River should be the Boundary for the mouth of it comes into Wymea Bay where we have a great settlement and a collector of the customs who can't prevent illegal Trade if that be for a ship may go a little way up Wacamaw River and then is in North Carolina Government and of his Jurisdiction as has already been a plea I enclose his advertisement and mine. I am with great respect My Lords your Lordships most obedient and most humble servant ROBT: JOHNSON. COLONIAL RECORDS. 23 [B. P. R. O. So: CAROLINA. B. T. VOL: 7. E. 79.] South Carolina. By His Excellency Robert Johnson Esqr Capt General Governor and Commander in Chief in and over His MIajesty's Province of South Carolina. Instructions to William Wattis Esqr' Whereas it hath been made known unto me that several Parties of the Tuscarora Indians under his NMajesty's Government of North Carolina have made frequent Inroads into His Majesty's Province of South Carolina and have (at divers times) Killed taken and destroyed several Indian Slaves belonging to the said Province of South Carolina and many of our friendly Indians residing in the heart of this settlement and insulted divers of the Inhabitants without any colour or pretence whatsoever or any occasion given for so doing. And whereas I thought fit at the request of the Commons House of Assembly to appoint you the said William Waties to represent the said injurys to His Excellency George Burrington Esqr' Governor of His Majesty's Province of North Carolina to the end that not only the said Insults may be prevented for the future but that satisfaction may be made by the said Tuscarora nation for what are past You are therefore hereby required on receipt of these your Instructions to repair to the Government of North Carolina and on your arrival you are to deliver to IIis Excellency George Burrington Esq(c the letter from me to him directed which you will receive herewith. You are to make your journey by way of Cape Fear and in the best manner you can inform yourself if any of the said Tuscaroras have lately passed or repassed that way and which of them are known. Ycu are to acquaint His Excellency the said Governor Burrington (or the Governor and Commander in Chief for the time being) with the particulars of the insults and injurys which heretofore as well as of late have been made and done by the said Tuscarora Indians to His Majesty's subjects in this Government and to our friendly Indians. You are to request His Excelley Governor Burrington that be e 24 COLONIAL RECORDS. cause the sev1 Head Men of the said Nation to be sent for to come before His Exc'7 and more especially such as have been lately in this settlement (if known) You are to request His Excellency that you may have liberty to give them a Talk Face to Face in the name of this Government which if complied with you are to charge the said Indians with the particulars of the insults and injurys by them done to this Government and to demand satisfaction You are to demand of the said Indians whether on the like complaint afore made they did not promise to do no more injurys to this settlement. You are to demand of.the said Indians whether on the said complaints afore made they did not promise to do no more Injurys to this Settlement. You are to tell the said Indians that all the English in the several Govm"s have but one Great King and are all one and the same people and therefore that if any injury be done to the white people in their persons or to their black or Indian Slaves Horses or Cattle that all the said Governmts are requested to assist each other in resenting their injurys as they have fully experienced already in the old wars between them and the White People. You are to acquaint them that if they make any more Inroads and offer any more Injuries or refise to make satisfaction for what is past this Government will treat them as Enemies and will iimmediately call in the Catawbas and Cherokees to their assistance and cut them off. That this Government does expect they will immediately before your departure return all the Slaves they have taken (if alive) and if dead to pay the value of them. You are to insist that they enter into articles with you in the name of this Government that they will come no more into this Settlement nor do any more injury to our White People Indian Slaves Horses or Cattle nor to our friendly Indians living within our Settlements on pain of being all cut off and destroyed as above said. You are to communicate these your instructions to His Excellency the said Gov' Burrington and to give him a copy thereof and you are in the name of this Government to request of His Excellency his favour countenance and assistance in all and singular the matter aforesaid. COLONIAL RECORDS. 25 And you are to act and do in all the matters aforesaid and in all matters and things whatsoever that may or shall hereafter occur to you or be thought beneficial and useful to this Government for promoting the ends aforesaid according to the best of your knowledge and judgment desiring that all due credence and dispatch be given to you the said William Waties in this behalfe. Given under our Hand and the Great Seal of this His MajtYs Province the tenth day of April in the fourth year of His Majesty's Reign and in the year of our Lord one thousand seven hundred and thirty one. ROBT: JOHNSON. Rec' FebrY 22. 173. 1735. [B. P. R. O. So: CAROLINA. B. T. VorL: 7. E. 50.] 8th May May 1735. M.AY IT PLEASE YOUR LORDSHIPS I beg leave to lay before your Lordships an Extract of a Letter I have lately received froim Robert Johnson Esqre Governor of South Carolina dated the 14th of March last relating to the Boundarys to be settled between that Province and North Carolina. And humbly pray your Lordships will be pleased with the first convenient opportunity to give some directions uponi the matter therein contained. I am with great respect your Lordships most humble and lmost obedient servant PEREGr FURYE To the Right Hon"'l the Lords Commissioners for Trade & Plantations. Extract of Letter from His Excellency Robert Johnson Esqre Gov' of His Majesty's Province of South Carolina dated 14tl of March 173 4-5 to Peregrine Fury Esqre Agent to the S' Province. Our Assembly will within a few days send Commissioners to 26 COLONIAL RECORDS. join those of North Carolina to run out the division line tho' we apprehend with little probability of success The Governor of that Province by his letter to me putting a very different construction from what we imagine is the real intent of His Majesty's Instruction on the subject for he conceives that if any part of Waccamaw River lies within thirty miles of any Part of Cape Fear River Waccamaw River shall be the Boundarys whereas we think it is plain that the Intention and true meaning of the Instruction is that if Waccamaw River happen at the mouth to be within thirty miles of Cape Fear River then it shall be the Boundary and not otherwise I am very positive that was the Lords of Trade opinion when I was with them in England but whether they have altered it since I have no authority to believe, having received no new Instruction on that head I begg you will take a propler opportunity to solicit their Lordships for such a further explanation as they may think necessary in order the limits may be run out and settled as soon as possible according to his Majesty's Intentions. Reced Mlay 8th" 17 3 Read June 6th 173. [ B. P. R. O. S~ CAROLINA. B. T. VOL: 7. E. 60. ] LONDON 29t" July 1735. MY LORDS, As I have applied to your Lordships by directions from ColP Robt Johnson late Governor of South Carolina for an Explanation of the Instruction for Settling the Boundarys of that Province and the Province of North Carolina I take leave to lay before your Lord8"" an Extract of a letter I have lately received from James Abercrombie Esqr' Attorney Gen' of South Carolina who was sent as one of the Commissioners to Cape Fear upon that service which I hope is now performed in such a manner as to free your Lordships from the trouble of any further enquiry into this affair. I am with great respect., My Lord your Lordships most hlnumble and most obedient servant PEREG0 FURYE. COLONIAL RECORDS. 27 To the Right Honll' the L" Commissioners for Trade & Plantations. Extract of a Letter fiom James Abercrombie Esqre Attorney General of His MIajesty's Province of South Carolina dated the 27th of May 1735. On my return from Cape Fear in North Carolina where I have been as one of three Commissioners to settle boundary between this and that Province which we have been so lucky as to accomplish to general satisfaction and at last remove that bone of contentiol I had the pleasure of both yours vizt Feb"' 13th & Feb1Y 24th 173 4-5. RtecaI July 29th 1735. Read 178)7. [B. P. R. 0. S~ CAROLINA VOL: 8. F. 55. ] AT THE COUNCIL CHAMBER AT WHITEHALL the 5th day of May 1737. By the Right HIonourable the Lords of the Conmmittee of Council' for Pl]antation Affairs. His Majesty having been pleased by His Order in Council of the 21st of last month to referr unto the Committee the humble Petition of Alexander Skene and James Abercromby setting forth that they were appointed Commissioners by the late Governor of South Carolina for Settling and adjusting (pursuant to His Majesty's Royal Instructions) the Boundary between that Province and North Carolina and for which service the Lieutenant Governor and Council of that Province thought it reasonable that the Petitioners should be allowed each of them a Guinea a day Provisions and Horses to be allowed them besides amounting to about three hundred pounds and did therefolb lay the same before the Lower House of Assembly But the Petitioners not being able to obtain more than about fifty pounds for the whole which scarce made amends for the horses lost in the Several expeditions. They therefore most humbly pray that His Majesty would be graciously pleased to give directions for making the Petitioners full satisfaction for the Trouble and Expence! '28 COLONIAL RECORDS. they have been at in Settling the Said Boundarys The Lords of the Committee this day took the same into their consideration and are hereby pleased to referr the said Petition ( a copy whereof is hereunto annexed) to the Lords Commissioners for Trade & Plantations to consider thereof & report to this Committee what they think adviseable for His MajtY to do therein. W. SHARPE. 'To the Kings most Excellent Majesty in Council The humble Petition of Alexander Skene and James Abercromby: Most humbly Sheweth, That your Petrs by Commission from the late Gov' of South Carolina were appointed ConmmissT8 for Settling and adjusting pur-;suant to your Majesty's Royal Instructions the Boundary between that Province and North Carolina. That your Petitioners thereupon proceeded to Cape Fear in North Carolina there to meet the Commissioners appointed in behalf of that Province. That after many Conferences held during the space of six weeks by the friendly interposition of Gabriel Johnston Esq"r your Majestys Gov' of that Province your Petitioners had the happiness to remove a difference which had long subsisted between the two provinces and finally to settle and adjust the Limits to the mutual,Satisfaction of both. That soon after your Petr" return to Charles Town the Government there thought it absolutely necessary that a Line should be run pursuant to the Articles agreed upon & that the Trees in such Line should be nmarkt the better to ascertain the Bounds of the two Provinces and thereby to remove all disputes that might otherways arise between the Officers of the respective Provinces in collecting Taxes and your Majesty's Quit' Rents your Petr' was therefore appointed for that purpose. That your Pet"s being very Sensible what great inconveniency.and fatigue must attend an expedition of that sort made provision accordingly both in Men and Horses but not without great expence to themselves. That everything being got ready your Petitioners proceeded from Charles Town to the mouth of Cape Fear River in Province of North Carolina and from thence took their departure to pursue the Line according to the articles agreed upon as aforesaid. COLONIAL RECORDS. 29-, That your Pet'r continued for the space of seven weeks with extraordinary Fatigue running the said Line most of that timethro' Desert and uninhabited Woods in many Places absolutely impassible until your Petr' had cleared the:ame added to this the many large and rapid Rivers as well as Creeks your Pet'r had to pass by the assistance only of large Trees cut down and dug for that purpose. And your Majesty's Gov~r Lieutenant: and Council being Sensible of the Services done by your Petrs and of the great expence attended them in performance thereof thought an allowance of oneGuinea per: Diem to each of your Pet'r reasonable for their fatigue and personal Services their expences in Provisions attendants and Horses allowed them besides the whole amounting to about 300. Did therefore lay the Same before the Lower House of Assemblybut notwithstanding many Applications in your Petrs behalf could procure but about fifty pounds for the whole which did Scarce more than make amends for the Horses lost in the Several Expeditions. That your Majesty's Govr having no fund at his disposal out of which to Satisfy your Petr' for what remains due your Petr' are therefore upon that account entirely without relief-Your Pet"' therefore must humbly intreat your Majesty would be graciously pleased to give Directions for making your Petr" full Satisfaction for the trouble and expence they have been at settling the Said. Boundary. And your Petrs as in duty bound shall ever pray &" Ja: ABERCROMBY.. April th 19th 1737. Recd Mlay 18th 1737. Read May 24th f137. % I 830 COLONIAL RECORDS. 1738. [ B. P. R. 0. S~ CAROLINA B. T. VOL. 26, P. 259. ] "To his Grace the Duike of Newcastle. May 30th 1738 MY LOnD, Understanding that your Grace is desirous Col~ Horsey's Instructions for the Government of South Carolina Should be dispatched as soon as possible. We take leave to acquaint you that we have had those Instructions sometine under our consideration But we find both the Provinces of South and North Carolina in very great confusion with respect to their Titles, the King's Quit Rent, paper money, Duty on negroes and many other particulars which Should if possible be settled before Col~ Horsey goes to his Government or he will not have it in his power to give the people any Satisfaction in these important points For which reason we are now preparing.a Representation upon these Heads to be laid before the Lords of the Committee of Council for their Opinion thereupon previous to the fixing of Col~ Horsey's Instructions which we apprehend may be for His Majesty's service. But if your Grace is desirous that Col~ Horsey should be dispatched with the same Instructions his Predecessor had they may soon be ready for His Majesty's con-:sideration. Upon which you will be pleased to let us know your Intentions We are &c: My Lord &c: W. BLADEN. R. PLUMIER. MONSON. N. B. In Col. Horsey's Instructions there is no reference to the.above "we " ave mae de no alternations " to those to the late GoverTnor. *6 COLONIAL RECORDS. 31 1739. I B. P. R. O. PLANTAT'IONS GENER-RAL B. T. VOL. 55, P. 128. ] Commission to Henry MacCullloli Esq'0 commnissioner for supervising inspecting and controling the Revenues and grants of Lands in South and North Carolina. DATED 16th May 1739. GEORGE R, George the second by the Grace of God, of Great Britain, France and Ireland King Defender of the Faith etc. To all Our loving Subjects whatsoever to whom these Presents shall come or shall or may appertain greeting. Whereas by reason of the many Frauds, incroachments, concealnents and abuses committed with respect to the grants of Lands and the Quitrents reserved thereon in the Provinces of South and North Carolina in America before ye Property of the Soil thereof became vested in Us and likewise for want of a due Regulation had in the publick offices in those Provinces since our Royal Instructions to Our Governors or Comnmanders in Chief there, have not hitherto had their desired effect, by reason whereof Our Officers there continue under great difficulties in ascertaining our Quitrents and great Disputes and Animosities have arisen in our said Province thereupon by which means our Revenues are not duly collected and accompted for in the said Provinces and our Subjects there are likewise left in a precarious situation with regard to their Titles to the Lands in their possessions. Now we judging it necessary as well for the ease of Our Subjects in our said Provinces of South and North Carolina and the establishing quiet and good Order there. As for the regulating, ascertaining and improving our Revenues there, to appoint a particular Officer to be Our Commissioner for inspecting and controling our Revenues and the grants of Lands in Our said Provinces. Know ye that we reposing especial Trust and confidence in the Ability, Care and Fidelity of Our Trtlsty and Welbeloved Henry MacCulloh Esqro have nominated, constituted and appointed and do by these Presents nominate, constitute and appoint him the said Henry MacCulloh to be Our Commissioner for supervising, inspecting and controling our Revenues and grants of Land as aforesaid in Our said Provinces of South and North Carolina, 32 COLONIAL RECORDS. Hereby giving and granting unto him full Power to Examine and Enquire into all Frauds, concealments, neglects, delays and abuses with Respect to the grants of Lands there and the Quitrents payable thereupon, And towards preventing and determining all Disputes relating to the Premises to inspect into the Registers and Records of the said Provinces and to Summon or cause to be summoned in Order to be examined before him all such Persons as he shall judge capable of giving him any information relating to the Premises; and also where our said Commissioner finds after due Examination that Lands are claimed there under irregular Titles as exempted from Quitrents, or as liable to pay less Quitrents than those prescribed by Our Royal Instructions or that any greater Quantities of Land are claimed or held by particular Persons than what they pay Quitrents for or that Lands are not regularly settled according to the conditions of the Original grants. In all such cases We do hereby give and grant unto the saidl Henry MacCulloh full Power and Authority, and do hereby Charge and Command him to Certify such Illegal claims, possessions or pretended Exemptions to Our Attorney General in the said respective Provinces to be immediately proceded against according to Law. And in case he finds no such objections to any grants or claims of Land there to certify and attest the Truth thereof for the satisfaction of the Partyes desiring the same. And moreover We do hereby grant unto Our said Commissioner full Power to Inspect and Enquire into the present method of passing of grants of Lands through the several Offices in our said Provinces, and to settle and regulate the same in such li"anner that Our Royal Intentions declared in Our Instructions to our Governors there may be most effectually answered and all Frauds and Abuses therein prevented and also to settle and adjust proper Orders and Rules to be deserved for the more speedy collecting, receiving and accompting for Our Quitrents and detecting and prosecuting any Persons concealing or detaining the same. And for the Encouragement of the said Henry MaacCulloh diligently and faithfully to perform this our commission and the Instructions relating thereto from time to time in all things as becometh, We do hereby give and grant unto him the Yearly Salary or allowance of Six Hundred Pounds sterling per annum for himself and two Hundred Pounds sterling per annum for his Clerks and Substitutes, to commence and be accompted payable COLONIAL RECORDS. 33 from the Day of the Date hereof, and to be paid and payable Quarterly during his continuance in the said Trust or untill We shall think fit to Signify our Pleasure to the contrary which said Salaries or allowances amounting together to Eight Hundred Pounds Sterling per annum: shall be established and made payable unto him or his assigns out of our Revenue of Quitrents that shall be recovered and improved in our said Provinces or either of them by the Hands of Our Receivers general thereof or either of them from time to time next and immediately after satisfying or reserving sufficient to satisfy and pay all such salaries as have been already established by Us and made payable to Our Governor of North Carolina and to other our Officers in both the said Provinces and all the arrears thereof and to be allowed on the said Receivers accompts accordingly. And We do hereby order and direct the said Henry MacCulloh to observe and follow all such orders, Rules and Instructions as he shall receive from Us or the Commissioners of our Treasury or Our Commissioners for Trade and Plantations for the time being for the more effectual Perform-r ance of the Premises and to give an account of his actings and doings in the Execution of this Trust and of the Depositions and accompts that shall be taken, in writing from time to time with all convenient speed to the said Commissioners of our Treasury and Our Commissioners for Trade and Plantations and we do hereby charge and command our Provincial Treasurers in the said Provinces or their Deputies at the request of the said Henry MacCulloh to deliver to him from time to time account of all and every Person and Persons holding or claiming Lands within his or their respective Districts together with the Quantities of Land held and claimed by them and where situated and how long the respective Possessors have held the same and we do likewise strictly charge and command our Governors, Lieut Governors, Commanders in Chief and all our Officers whatsoever Ecclesiastical, Civil or Military and all other our loving Subjects whatsoever in the said Provinces who are or shall be anywise concerned in any the matters aforesaid that may respectively at the request and requests of the said Henry MacCulloh do from time to time not only permit him or such as he shall appoint to Inspect any Accompts, Entries or other Papers, in their respective Custodies touching or concerh/ ing the Premises or any of them but that they do also from time 3 34 COLONIAL RECORDS. to time deliver or cause to be delivered to him or such as he shall appoint such attested Copies, Notes or Extracts thereof or any of them as he shall desire by any writing or writings under his hand without any charge for the same and that they be at all times ready and aiding to the said Henry MacCulloh in the Execution of the Trusts hereby reposed in him as aforesaid as they will answer th'e contrary at their Perils. And Lastly We do hereby direct and command our Provosts Marshall or their Deputies diligently and punctually to serve all such Messages, Summons and Orders as our said Commissioner shall judge necessary to be served for our Service. Given at our Court at St. James's this sixteenth day of May 1739 in the twelfth year of our Reign. By3 His Majesty's Command [Signed] R. WALPOLE, GEO: DODINGTON, G.. EARLE. Entred in the Office of the Rt Hon'e Horatio Walpole Esq Auditor and Surveyor gen' of his MajtYs Revenues in America, at Whitehall this 24th day of May 1739. PETER LEHEUP. Examined & compared with the Original per S. Gellibrande. 31. May 1739. [B. P. R. O. PLANTATIONS GENERAL B. T. VOL. 55. PAGE 135.] Instructions for Henry MacCulloh Esq. Commissioner for supervising, inspecting and controlling the Revenues and Grants of Lands in Carolina. GEORGE R. Orders, Rules and Instructions to be observed by Our Trusty and Welbeloved Henry MacCulloh Esq: Our Commissioner for Supervising, Inspecting and Controling our Revenues, and the Grants of Lands, in Our Provinces of South and North Carolina. With these Our Instructions you will receive Our Warrant under Our Royal Sign Manual constituting you Our Commissioner for supervising, inspecting and controlling Our Revenues, and the q COLONIAL RECORDS. 35 Grants of Lands in our Provinces of South and North Carolina; You are therefore to proceed with all convenient speed to the said Provinces and when arrived in one of them, you are to take upon you the execution of the said Office and Trust we have so reposed in you. 2. In order to ascertain and secure the rights both of us and Our Subjects in respect to Grants of\ Lands claimed in the said two Provinces of South and North Carolina or either of them as made in the time of the Lords Proprietors; and to quiet all disputes now depending there in relation thereto, and likewise in order to supervise all Warrants and Grants of Lands in either of the said Provinces that have been issued and passed since the Property in the Soil thereof became vested in Us, you are to inspect the several books of the Land Office, Secretary's and Surveyor's Offices, in each of the said Provinces, and to order and direct the Clerks in those respective Offices to lay before you Copies or Extracts of all the Warrants entered or lodged therein, that have been issued for Lands since 1716. and of all Grants that have been made in pursuance thereof, and of all Surveys and Returns that have been made by virtue of such Warrants. 3. You are also to inspect and examine into the Accounts of the Receivers of our Revenues arising in South and North Carolina, and to order and direct them to lay before you an Accompt of all the Quitrents they have received, at what time, and from whom, distinguishing such Accompts as have been audited from those that have not; and in order to prove the truth of those Accompts, you are to direct Our Deputy Auditors in the said Provinces to give you the particulars of such accompts as they have audited; and that you may be better able to inform yourself what Persons have paid their Quitrents, and which of them have not, you are to order the said Receivers to lay before you copies or Extracts of all Receipts that have been given for the payment of Quitrents since 1716. And likewise to exhibit to you all Books and Vouchers in their possession that belonged to any former Receivers. 4. And when you shall have made a careful and diligent enquiry. to find out the present possessors of Lands in either of the two said Provinces claiming to hold the same, either under Proprietory Grants, or by virtue of Warrants or Grants derived from us, In case any of the said Grants appear to you to have been obtained 36 COLONIAL RECORDS. fraudulently, aind that the Quitrents and other conditions upon which the Warrants were issued, and those Grants made out, have not been paid or complied with, In such cases you are to give Publick notice in writing to be affixed at each Precinct house, or in such other publick manner, as shall be thought most proper, summoning all such as shall appear to hold Lands under the pretence of Patents, Warrants or Grants that have not been regularly obtained, and where the Quitrents, and other stipulated conditions have not been paid or complyed with, or such as claim lands by virtue of their having had possession of them for some time without any regular Patents to attend you at the times and places to be appointed by the said Summons for that purpose, in order to show cause why they have not paid the Quitrents due thereon, and cultivated and improved their lands. 5. And as an encouragement to such Land holders to come in and be obedient to your summons, you are to assure them that upon their complyance with such summons, We will be graciously pleased, as an indulgence to such as hold Lands by virtue of Patents granted by the late Lords Proprietors before the year 1727. to order their Titles to be confirmed, provided they were in actual possession of the Lands at that time or had surveys regularly made and returned, and on condition likewise that they register their Grants regularly, and claim no more Lands than are mentioned in their Patents, And that in case they appear to be in possession of a surplus of Land, We are graciously pleased in such case to admit them to take out new Patents for the same, subject to the Quitrents of 4". Proclamation money per hundred acres, prescribed by Our Royal Instructions to Our Governors there. 6. And in the Cases of Persons claiming Lands by virtue of Patents under the Lords Proprietors, which Patents they alledge to be destroyed by Fire or otherwise, but of which they may not be able to make full proof, nor of the conditions on which the Grants were passed, you are to admit such Persons to take out new Grants at the accustomed and proper Office for the said Lands, subject to the Quitrents of four shillings, Proclamation money for hundred acres; But as to such as shall make full proof of their having had Patents from the Lords Proprietors before the year 1727. and of the conditions on which they were granted, they are to hold their Lands agreeable to the terms and conditions of COLONIAL RECORDS. 37 their Patents, notwithstanding their having been destroyed byrfire or otherwise, and you are to certify the same accordingly. 7. And as to all Persons claiming Lands by virtue of and under Patents derived from the Lords Proprietors since 1727. upon producing to you the same Patents, and having the same regularly endorsed by you mentioning the conditions following, that is to say, the paying of 4. Proclamation money for every hundred acres contained in their Grant, and that they bind themselves down to the usual terms and conditions of settlement; In such case the producing the Letters Patents, and your Indorsement thereon shall be evidence of the Grantees right, provided the same be regularly registered in the Auditors Office there, within six months next after the date of such your Indorsement. 8. And whereas Sir Richard Everard, when Governor of North Carolina under the Lords Proprietors, in or about the year 1729. granted several tracts of Land in North Carolina, in consideration of the trouble and expense of the Commissioners for running the Boundary Line between the Province of Virginia, We are graciously pleased to declare and grant that every such Person or Persons as shall fully prove before you, and to your satisfaction their right of Purchase under that claim, shall be admitted to hold their Lands on the conditions in their Grants, reckoning every thousand acres of Land as an equivalent for ten pounds sterling due to them, or to such Persons under whom they lawfully claim; You are therefore hereby required to take such proof or proofs, which proofs when taken (if found agreable to our instructions) and your allowance thereof, being recorded within six months after in the said Auditors Office, shall be sufficient evidence of the original right to the quantity of Land by the said proportion limited; An Extract of which proofs you are at the same time to transmit to the Commissioners of our Treasury, and Our Commissioners for Trade and Plantations. 9. And whereas many disputes have been occasioned by the pretended rights of Persons in Albemarle County in North Carolina, by virtue of what they term their Grand Deed or Charter, being in fact, as We are given to understand, only a temporary provision. Yet nevertheless in order to settle and determine the Property of such Persons as claim Lands in that County under that right, you are to permit all persons claiming Lands in the said County by 38 COLONIAL RECORDS. virtue of such Patents under the Lords Proprietors before the year 1727. to hold those Lands subject to the rate of two shillings sterling Quitrent only " hundred acres; or if they shall insist to pay their Quitreiits in the product of that Country, such product shall be brought at their own charge unto the next Port or Place where the King's receipt is held, and there be valued on the foot of sterling money by sworn appraisers. 10. You are likewise to give notice to all persons claiming Lands by virtue of Warrants which have not been regularly carried into Execution, the Possessors whereof have not taken out regular Grants for those Lands, or settled them conformable to our Instructions to our Governors, That they are to perfect their Grants forthwith, agreably to the said Instructions, And in all things to comply therewith, or that otherwise the Lands granted to them by warrant shall be disposed of to such Foreigners or others as shall come to settle in the said Provinces. 11. You are further to give notice to all such Persons who, after having taken out Grants in pursuance of their Warrants have not however seated their Lands, nor paid Quitrents for the same, agreably to the terms of their Grants, that they shall be forthwith prosecuted for such their Default, unless they immediately comply with the conditions of their Grants. 12. And you are to give notice to all persons who hold greater quantitys of Land than they are entitled unto by their Grants, that they may appear before you at such convenient time and place as you shall appoint within six months from the dates of your several summons, and there produce to you an Accompt of such surplus Lands; and in default of their appearing before you with a true accompt thereof, you are to certify the same to our Attorney General, who is to proceed there, without delay according to Law, in such cases, against such Defaulters. 13. And unto all such as shall duly comply with these our instructions in proving their Original Titles before you, you are to grant Certificates or Testimonials of the truth thereof, that in pursuance thereof their Grants may be confirmed according to the terms and conditions herein before directed. 14. And for the more effectually carrying the premises into Execution, if it shall so happen that any person or persons shall refuse or neglect to obey or comply with these our orders and directions, COLONIAL RECORDS. 39 or to submit to your determination in the premises in the manner before prescribed, you are to take care in all such cases to certify such default, neglect or refusal to Our Attorney General, in either of the said provinces as occasion shall require, who is thereupon to proceed against such Defaulters in order to vacate and supercede their Grants and recover possession by due course of Law, of the Lands they now wrongfully hold, but you are first to give publick notice of these Our Instructions relating to the premises to the persons concerned, that they may avoid such prosecutions by complying with these Our Orders which are calculated for the Ease of Our Subjects in those parts, and for the Establishing quiet, and good order there. 15. And whereas many inconveniencies have arisen from the want of a proper regulation in the Land Offices in Our said two Provinces of South and North Carolina, in which they are expressly enjoyned not to grant any more Lands than in the proportion of fifty Acres to each person in the Grantees family, which number it was Our Royal Intention should have been seated and cultivated by the persons for whom the same were so granted, in relation to which We are given to understand that in many instances Our orders have been evaded; For remedy thereof, We are therefore graciously pleased to declare that it is Our Royal Will and pleasure that all persons petitioning for Lands shall, previous to their obtaining a Warrant thereupon, prove their Rights to such Lands before the Governor and Council, when at least four Members of Council shall be present, not having any concern or Interest in the Lands petitioned for, And that if the Lands so petitioned for are granted accordingly, In such Case the Warrants for granting the same be thereupon drawn up and signed by Our said Governor in Council and made returnable by the Surveyor within twelve months at farthest from the Dates' thereof; And that a particular description of the Lands petitioned for be inserted in the 'Warrants, and that before the Warrants shall be delivered to the Surveyor, a Docquet thereof be entred in the Auditor's Office there, And that in default of any of the said particulars being observed the said Grants shall be void. 16. And we do further declare it to be Our Royal Will and pleasure that when the Warrants shall be returned agreably to the Directions contained in our aforegoing Instruction, the Grants shall 40 COLONIAL RECORDS. be made out in due form, and that the terms and conditions on which such Warrants were issued, and the Lands were surveyed be particularly and expressly mentioned in the respective Grants, And that the said Grants shall be registered within six months from the Dates thereof in Our Secretary's Office there, and a Docquet thereof be also entered in Our Auditor's Office there, or that in default thereof said Grants shall be void; Copies of all which Entries, Our pleasure is, shall be returned regularly home by the proper Officers to the Commissioners of Our Treasury, or Our Commissioners for Trade and Plantations within twelve months from the dates thereof. 17. You are likewise to make strict enquiry into the methods used in our said Provinces in collecting, receiving and accompting for Our Quitrents and other Revenues; And in case you find any fraud, concealment, irregularity or neglect therein, you are to use your utmost endeavours for redressing the same, and to establish' a proper method whereby the same may be prevented for the future, And whereby Our Auditor or his Deputy may be enabled more effectually to checque and controll the Accompts exhibited by Our Receivers; And if it shall appear necessary to apply to the Legislature in either of the said Provinces for a new Act of Assembly for the more effectual ascertaining and the more speedy and regular collecting of Our Quitrents, you are to prepare the proper heads of such a Bill as you shall think may most effectually conduce to procuring the good Ends proposed, in such manner as shall be most for the ease of Our subjects, before Our Governor and Council there for their Concurrence therein, Provided always that if any Act of Assembly shall pass agreable thereto, the same shall not be made to take effect till the same be approved by Us at home. 18. You are to take especial notice that it is Our Royal Will and Pleasure, that neither you nor any of your Clerks or substitutes shall ask, demand or receive, under any pretence whatsoever, any Fee or Reward from any of Our Subjects for anything by you or them done in obedience and conformity to these Our Instructions and the Commission to which the same relate. 19. And Our Pleasure is, that the Provost Marshalls or their Deputies in each of Our said Provinces respectively, do transmit and send such Letters, Suminmons or other Orders as you shall judge necessary to be served within their respective Districts for Our COLONIAL RECORDS. 41 service; And you are to take the most effectual measures that all these our Instructions be fullly executed, and in case of Default in any of Our Officers in either of the said Provinces in performing their Duty agreably to the Nature and Design of these Our Instructions, and the Commission to which the same referr, You are to represent the same unto Us by Our Principal Secretaries of State, or unto the Commissioners of Our Treasury or Commissioners for Trade and Plantations, that such Defaulters may be proceeded against according to the Nature of such Default. 20. And Lastly, You are upon all occasions to send unto the Commissioners of Our Treasury, and Commissioners for Trade and Plantations a particular Account of all your proceedings, and of the State and condition of Our Quitrents and Revenues and all other the Affairs under your Inspection, together with such observations and informations as you shall judge necessary for Our *service; Taking care that an Entry of Our Royal Commission to you, aforementioned, And of these Our Instructions relating thereto be made before Our Commissioners for Trade and Plantations, and in the Office ot the Auditor and Surveyor General of Our Reven ues arising in America, within six months from the date hereof. Given at Our Court at St James's this sixteenth day of May 1739, In the twelfth year of Our Reign. By his Majesty's Command (Sign'd) ER. WALPOLE GEO. DODINGTON G. EARLE. Entered in- the Office of the Rt Hon"'1 Horatio Walpole Esqr Auditor and Surveyor General of his M{ajesty's Revenues in America, at Whitehall, this 24th day of May 1739. PETER LEHEUP. a 42 COLONIAL RECORDS. 1740. CARTHAGENA EXPEDITION. An exhaustive search has been made in the Colonial Correspondence as well as among the Admiralty and War Office papers to find what part North Carolina took in the expedition to Carthagena and from the extracts following we are able to glean a few facts but scarcely any details. From Col. Gooch Lieut. Gov. of Virginia who had command of the "American Regiments" in the Carthagena Expedition we gather in his letter of 8 Feby 1740 to Sec: the Duke of Newcastle that four companies were raised in New England, Two in Rhode Island, Two in Connecticut, Five in New York, Four in Pennsylvania Two in the Jerseys, Three in Maryland, Four in Virginia and Four in North Carolina in all Thirty companies or about 3000 men and these were divided into four Battalions but without reference to the Province from which they were raised and were called " the American Regiments" so that it is not possible to specify any particulars as to the action of the men raised in either of the Colonies. From the Extract of a Return of the Amlerican Regiments under Col. Gooch we find that in the 2'd Battalion was Capt. Coletrain with the remainder of his Company viz. two Lieuts, two Serjeants, two Corporals, On'e Drummer and forty centinels from North Carolina and this is the only name of an Officer from North Carolina to be found-Gov: Johnson in a letter to the Duke of Newcastle of 5. Nov. 1740. says " I have good reason to believe that we could have easily raised 200 more if it had been possible to negotiate the Bills of Exchange in this part of the Continent but as that was impracticable we were obliged to rest satisfied with four Companies." W. NOEL SAINSBURY 24 Sept. 1894. [Extract ] Lt. Gov. Gooch to Duke of Newcastle dated New York 8. July 1740. I have taken upon me to advise the several governors to form Companies with the men as fast as they inlist according to the number of Commissions I have sent them which are thus distributed to New England Four, Rhode Island Two, Connecticut COLONIAL RECORDS. 43 Two, New York five Pensilvania Four the Jerseys two Maryland Three Virginia Four, and North Carolina Four in all Thirty (A & W. I. vol 16. p. 134. [Extract ] Col. W. Blakeney to Duke of Newcastle New York 31 July 1740. As to the American Levies they go on briskly even beyond what could have been expected during high Harvest and high Wages M1' Belcher writes that he shall be able to send ten or twelve comnlanies from his Province: Mr Thomas eight from Pensylvania M[r' Johnson five or six from North Carolina and indeed all of them wrote that they were surprised (taking it from the nnumber of Commissions sent them) to find themselves restricted to any nuinber of Companies. [Extract ] W. Gooch to Duke of Newcastle dated Williamsburgh 9 Aug 174() ( America & W. Indies Vol. 16 page 135) " The Sloop hired to carry those for North Carolina, Maryland and this place, which was to have sailed the day I left that Province was detained after my departure by the Governor." [AM & W. IND VOL. 61] [Extract ] W. Blakeney to the Duke of Newcastle New York 11th Sept. 1740. There will be in all about forty one Companies viz from New England Ten Companies, from Connecticut Two, from Rhode Island Two, from New York five, from New Jersey Three, from Pensylvania eight, from Maryland three, from Virginia four, and four from North Carolina. [IBID.] [Extract ] W. Blakeney to Duke of NeWcastle Hampton in Virginia 23. Oct 1740. No. 106. The four Companies from North Carolina are likewise left behind, * There will be four Companies from North Carolina which will proceed directly from thence to Jamaica. [PRINTED IN NO. CAROLINA COLONIAL RECORDS VOL. IV. P. 421.] [ Extract ] Gov. Johnson to Duke of Newcastle dated Edenton in North 44 COLONIAL RECOOEDS. Carolina. 5 Nov 1740. [A. & W. I. No 23 p. 547.] I can now assure your grace that we have raised above four hundred men in this Province who are now embark'd and just going to put to Sea. In those Northern parts of the Colony adjoyning to Virginia We have got 3 Companies of 100 men each tho' some few deserted since they began to send them on board the Transports at Cape Fear.. There is one Company consisting of above 100 Mlen whom I am just now going to see embarked. I have good reason to believe that we could have easily raised 200 more if it had been possible to negotiate the Bills of Exchange in this part of the Continent But as that was impracticable we were obliged to rest satisfied with four Companies. [ AM & W. IND VOL. 61] [ Extract ] Col. W. Blakeney to Duke of Newcastle, Kingston Janica 14 Dec. 1740. No 107. And now all the Troops from North America are safely arrived in this Port excepting the four Companies from North Carolina for whom I am under some Concern as the French and Spaniards have now such a superior Force in these Seas. [N. B.] [Extract] Return to the American Regiments under Col: Gooch Cartagena Harbour Harbour 1744 Mar 31. ( A & W. I. Vol 62 page 11) 2nd Battalion, Captain Coletrain with the remainder of his Cornpany (viz) 2 Lieutenants, 2 Sergeants, 2 Corporals, 1 Drum and 40. Centinels are arrived from North Carolina. N. B. Lord Cathcart died soon after his appointment to the command of the Expedition and Col. Blakeney succeeded him. W. N. S. [LIST OF PAPERS CONCERNING 'THE EXPEDITION] An abstract of our Proceedings fiom the time we came before Carthagena to the Day our Forces embarked from before Fort St. Lazaro By Justly Watson Engineer, No. 116. Expedition to Carthagena in the year 1741 (in Capt. Knowles of Sept 10 1741) This gives a detailed account of the proceedings with explanations and Appendix. A Journal of the Expedition that sailed from Spithead to the West Indies under the Command of the Righlt IHon'le Lord Cath COLONIAL RECORDS. 45 cart in the Month of October 1740. (Endorsed Ld Elibank's Journal) No. 136. N B No mention is made in the above as to what Regiments took part in the Expedition against Carthagena. [NoTE.-The No. of companies which actually sailed proved to be 36, containing 3,600 men. Their apportionment from the respective Colonies were as stated in Gen. Blakeney's letter above dated 11 Sept., except that instead of "from New England 10 companies" read "from Massachusetts 5 companies".-W. C.] 1741. [B. P. R.,O. SOUTH CAROLINA B. T. VOL. 11 G. 70. ] 8th Novber 1741. To the Right HIonbT the Lords Commissioners for Trade and Plantations. The Humble Representation of Henry MacCulloh Most humbly submitted May it please Your Lordships, In obedience to His MIajtYs Instructions, I have herewith transmitted to your Lordships a particular account of every step I have taken since my arrival in the Province of South Carolina. I had not been long in that Province when to my great surprise I found that the members of His MIajtys Council and all the other Officers. of the Crown (the Deputy Auditor excepted) were the only persons I had to contend with, the Members of the Commons House of Assembly having upon several occasions shewn the greatest disposition to comply with their duty, informing of a rent roll Bill, and the establishing of proper Rules and Orders for the settlement of the Province In order to effect which, the Assembly were then inquiring into the grievances of the settlers of the Township of Williamsburgh in which township many of the poor settlers were defrauded of their Lands, by several of the Members of the Council and their friends who had procured grants for the lands within the Township (from the late Governors Johnson and Broughton) in direct oposition to His Majesty's 43r" instruction. And I beg leave to take notice to your Lordships that the Com 46 COLONIAL RECORDS. mons house of Assembly in the year 1739 were so extreamly sensible of the great inconveniencys and danger that attended the Province in respect'to their domestick enemies (the negroes) and that this wholly proceeded from the irregular and unwarrantable methods taken by the Governour and Council in the granting of Lands, that the Assembly appointed a Committee to consider of the most effectual means to relieve the people about Stono from the dangers arising from domestick enemyes and also appointed a committee to consider and report the most proper means for prevention of such dangers throughout the Province. And the Committee in obedience to the said order did Report that Whereas by the late unhappy accident at Stono, it appeared to be absolutely necessary to get a sufficient number of white Persons into this Province. The Committee beg'd leave to recommend that a Bill may be brought in for that purpose to the following effect That every person owning or intitled to any slaves in this Province for every 10 male slaves above the age of 12 years shall be obliged to find and provide one able white man for the Militia of this Province who shall be subject to appear in the Militia and do all the dutyes required by the Militia Law of this Province. That any person owning or claiming any Lands in this Province over and above the quantity of 4000 acres and under the quantity of 20,000 acres, shall be obliged to find and provide one able white man to serve in the Militia, for every 2000 acres of Land over the said quantity of 4000 acres and under the said quantity of 20,000 so owned or claimed by such persons, And for every 1000 acre over and above the said quantity of 20,000 one able white man to serve in the Militia in this Province over and besides the number of white men such Persons are obliged to furnish for the Militia as aforesaid for or by reason or on account of their slaves as aforesaid. That every owner of such Lands and slaves as aforesaid who shall be deficient herein his sons and apprentices above the age of 16 years and under the age of 60 years be accounted for and taken as so many of such white persons to serve in the Militia as aforesaid. That every Person who shall refuse or neglect to comply with the terms aforesaid shall forfeit and pay the sum of ~6 per month, for every male white servant or white man, they shall want to serve in the Militia required as aforesaid for the quantity of Lands and slaves held or claim'd by them in this Province. COLONIAL RECORDS. 47 That the moneys arrising by the penaltys incurr'd from the persons deficient in the number of White men to serve in the Militia as aforesaid, shall be apply'd towards payment of a patrol to be imploy'd in those parishes respectively, in which the Lands or slaves lye or be, for which such persons are deficient as aforesaid. That for the better collecting and levying the said penalties the collectors of the general tax are proposed to be collectors of the said penalty for which purpose the said collectors shall be empowered and deliged to require all persons returning an account of their Lands and Slaves in this Province to return at, the same time an account of the number of white men in their respective family's and service. and also the time they have had such persons in their service to the intent it may be more certainly known who are or shall be deficient herein and to levy the said penalty of ~6 per month for the time in which any such person or persons shall be found to have been deficient as aforesaid and to return a particular account of such penaltys levy'd to the Publick Treasurer, at the same time as they return their accounts of the general tax, to the intent that it may be duly apply'd towards payment of the patrol of those Parishes and Districts in which such penalty's arise. A Bill was brought in, agreeable to the purport of the said report and accordingly the said Report was recommitted to the Committee who brought it in, who had the directions of the house to prepare such a Bill and to have the same ready against the next meeting of the House. And on the 27th day of Novr 1739 Mr Mazyck from the Committee appointed for that purpose offer'd to the House for the first reading a Bill intitled an additional Bill to an Act, intitled An Act for the better securing of this Province from Negro insurrections and for the encouraging of poor Protestants by employing them in plantations. Which Bill was received by the house and read a first time and passed with amendments and sent to the upper house by M' Attorney Gen'. and Mr Dart. The House of Assembly sent frequent messages to the upper house, in relation to said Bill but the Members of the Council would not condescend so far as to give the Bill one reading but ordered it to lye upon the table. Altho' it is humbly conceived that the passing of this Bill might have been of great service to His Majesty in the discovering ye present possessors of Lands, that it would have greatly promoted the settlement and secured the pro 48 COLONIAL RECORDS. perty of His Majesty's subjects in this Province, yet nevertheless the members of the Council and their friends being greatly concern'd in the ingrossment of Lands and apprehending as I humbly conceive that if the Bill was passed into a Law that it would mrtke them lyable to very great expences, in the settlement of their Lands, they would not give place to any reasons that was offered in favour of the Bill. I have been the more particular upon this subject in order to discover to your Lordships the motives from which the Members of the Council and several of the Officers of the Crown Act in opposition to His Majesty's order. Upon my first arrival in the Province of South Carolina and immediately after I was sworn into my commission, I gave the Secretary and Surveyor General of the Lands a copy of His Majesty's 15th & 16th instructions given in charge to me and desired that they would regulate themselves thereby as far as the same related to them respectively. On the 2nd of April 1741 a Warrant was made out by the Secretary in pursuance of an order of Council the 10th of May 1739. and when the warrant was offered to the surveyor to make out his precept thereon he would not comply 'till such time as he had consulted me. Upon which I gave it as my opinion to him that it was his Duty to attend the Governor and Council and in the most respectful manner to lay before them the copy of the order he had received from me with the instructions thereunto annexed. And that afterwards he should pray the favour of the Governor and Council to give him directions how to conduct himself in this matter and that if it was their pleasure to renew their order to him to run out ye Lands pursuant to the warrant already deliver'd that I apprehended that he was not at liberty to dispute the Governor's orders. My reason for giving the surveyor this advice was that by a Law passed in this Province Entitled An Act to ascertain the Fees of the Surveyor General for the time being and his Deputy's and to prevent any irregularitys being committed in the Office of the Sd Surveyor General or by any of his Deputy's the Surveyor had been obliged under a severe penalty to take an Oath before the Governour in Council that he would implicitly obey every order and direction that they gave him so that he is not left at Liberty to judge for himself nor to act in Pursuance of any orders he may receive from the Lords of the Treasury provided the same does not corres 4 COLONIAL RECORDS. 49 pond with such orders as he may receive from the Governour in Council. And I likewise conceive that by my commission I am not inpowered to direct any Officers of the Crown to act in opposition to the Governours orders but only to direct them in any case where the Governour may think proper to contradict any order given by me in pursuance of his Majesty's Instructions that the O)fficer to whom the Governour may give such orders should serve him with a Copy of such instructions as he may have received from me that the Governour thereby may be made accountable to your Lordships from his conduct therein. The Warrant before refer'd to was made out by the Secretary ten days after the order was given by me to the Surveyor and was in every respect contrary to His Majesty's 42nd Instruction. But at the same time I never gave any particular direction to the surveyor as it related to that Warrant other than what is above set forth. 'When the surveyor waited on the Governor in Council he laid before them his Majesty's 15th & 16th Instructions which he had received in charge from Ire. Upon which the Governor in Council renewed their order to him for the granting of a precept to his Deputy's. And then the Governour and Council immediately enter'd into the resolutions, which I have taken the Liberty to transmitt to your Lordships and ordered their tipstaff to go for me that I mnight answer for my conduct in giving such instructions in charge to the Surveyor without first consulting the Governour and Council therein. I accordingly waited on tlhe Governour in Council and upon my coming into the Council wChamber the Governour ordered the Clerk of the Council to read to me ye resolutions they had entered into and afterwards desired me to answer for my conduct for giving such orders to the Surveyor without first communicating the same to their board. In answer to which I told the Governour in the most respectfull manner that as the affair in question was a matter of great consequence I cou'd not take upon me to give an answer immediately but that if His Honour would be pleased to order the Clerk of the Council to make me out a copy of the several resolutions then read to me that I would by the next Council day give an answer thereto in Writing, the Clerk of the Council was directed to comply with my request and upon recet of the same from him I drew up the declina tory Plea, which I have herewith transmitted to your Lordships. The Procedings of the Governour and Council in this particular I 4 50 COLONIAL RECORDS. hereby conceive to be altogether inconsistant with I-Is Majesty's Instructions to the Governour to support and protect me in the execution of my office and in several particulars must have an exceeding bad tendency as it throws my commission into contempt and would remove from me the only power I have granted me by commission Namely that of being at free Liberty to publish His IMajesty's orders and Instructions and to require a due obedience to be paid to the same. And as several of the Members of the Council are party's in most of the frauds that have been conmmitted if the Council are ]eft at Liberty to explain to me the orders of the Crown, I do not apprehend that it would be in imy power to do my duty in the execution of my Office. But on the other hand it is most humbly committed to your Lordship's consideration whether the free exercise of the powers granted to me can have any ill tendency as by my commission I have not any executive power as the Governour and Council is at Liberty provided they sec I go from my Duty to order such Officers as I may give instructions to not to obey me and also that I have not the least power in any case whatsoever to enforce an obedience to the orders of the Crown other than that of representing any denial or neglect of duty in the Officer. And in this the whole power of my commission subsists for whilst it is apprehended by the Officers that they will meet with due punishment in case of denial or wilfill neglect of duty they will pay a due regard to such directions as I may give in behalf of the Crown but where all credit is removed from mre by the proceedings of the Council and some of the principal Officers of the Crown in that Province particularly Mr Attorney General and the Secretary and Receiver General of the Quit Rents it cannot be expected that the Tenants of the Crown in this Province will pay any regard to such summonso's5 or orders as I may give them in pursuance of my Instructions. What has been done by the Council I have in all humble manner represented to your Lordships as above And shall now beg leave to represent to your Lordships that I have been credibly informed and assured by several persons that Governour Glenn wrote over to 31' Attorney General that thle people need not in the least be alarmled at my conming over for that he would take effectual care to prevent me fiomn carrying my designs into execu.tion and lie further assured him that I was in no manner of credit COLONIAL RECORDS. 51 or esteem with my superiors at home: And in support of what ]ie said lhe wrote iMr Attorney that I had attempted to get the Quit rent Law repealed and also petitioned His Majesty in Council to be a Member of his lMajesty's Council in South and North Carolina and that he had found means to defeat me in both these particulars. My Lords it would give me the greatest concern i.raginable to represent any tiling to your Lordships but whtat I really apprehended to be founded in truth and I would not have troubled your Lordships with mentioning the contents of those Letters But that I apprehended by MIr Attorney General showing of S" Letters they have had a very ill effect in the Province. I gave notice to IMr Attorney General that 1 would represent this matter to your Lordships and desired that for my satisfaction that if the letters were not to the effect above mentioned that lie would be pleased to shew them to me Which he denied to do and only told me that hle had read the two letters he had received( from M'Ir Glenn wherein mention was made to me to no person which he apprehended wou'd inform me of the contents. What I am most humbly to pray from your Lordsships is that your Lordships wou'd be pleased to recommend it to His Majesty to lay his commands upon M' Attorney General to produce the said Letters and that I shall have a power granted me to examine M1r Attorney General upon oath before the Chief Justice and to bring such persons as I may think proper to summons in order to prove whlat I have above represented if the informations given me should prove false this will be doing MIr Glenn a piece of Justice But on the other hand if they shall prove true your Lordships condescention in taking notice of this matter will have an exceeding good effect in the Province. I shall now beg leave to represent to your Lordships that altho' I have given Mr 1 Hammerton who acts as IReceiver General of the Quit rents and also as Secretary of the Province repeated orders to make me out a state of the arrears of Quit rents due to his Majesty till the 25th of lMarch 1740. And also a copy of the Receipts as entered in his Books And acs Secretary that he wou'd make me out a list of all warrants and grants that have been issued since the year 1730. Yet I have not been able to get hltir to do anyt!ling in relation to what I have given him in charge norl do I expect that he ever will conply in making out a regular a'nd fair account of the Quit rents as I amn purswaled tha.t lie is in 52 COLONIAL RECORDS. arrear to the Crown at least ~1500. sterling By an account which I took from his books he appears to he indebted to the Crown the 25th of Marcll 1738. ~1283, 5, 11 Proc1x Money but he has since that time given himself credit for several sums of money which he says he paid but for which he cannot produce Vouchers there is one sum in particular of ~539, 5, 11. Proc'l money which he charges as paid to the Attorney General but upon my enquiring of him whether the Receiver had paid him any such sum he told me he never had received any such sum But that M1' Hammerton had engaged to pay him interest for the arrears of his sallary till such time as it was paid up. Upon examining MIr Hammerton's Books I found that he seldom or never brought himself indebted to the Crown at such times as he received the Quit rents by himself and that all the arrears that appear to be due is upon the Returne of his Deputy's accounts which were stated very clearly this gives me great reason to suspect that he has not made fair entry of the Receipts of Quit Rents ect: I am still further confirmed in this opinion by the Informations I have had from M' Saxby who acted as one of his Deputy's that it appeared that when the Planters produced their last receipts for the payment of Quit Rents that they are in general but very little in arrear. M' Hammerton is also greatly indebted to private persons and as I am informed he discharges many of the same by allowing such persons as he is indebted to to answer Quit Rents to others that are considerably indebted to the Crown. M1' Hammerton complains that the Quit Rents delivered to him by the Deputy Auditor is very irregular which is true but then it proceeds from the Auditor's not having it in his power to make out a list of the mesne Conveyances that have been made by the Original Grantees of the Crown and where any such have been entered in the Auditor's office he has always added them to the Rent roll without making a double entry which makes the amount of the Rent roll appear much greater than it really is and renders it extremely difficult to cheque the Receiver Generals accounts. I have made the DepY Auditor sensible of this error and pointed out a method to him by which the same may be remedied and as he has upon all occasions shewed a proper zeal for his Majesty's service I do not doubt but that he will be able to furnish the Auditor General with a perfect Rent roll in less than 12. months The only mnthod by which I could COLONIAL RECOIRDS. form a Judgement of the Quit rents of the Crown in So Carolina was by examing into the Provincial Treasurer's account of the Land Tax and by that it appears that there are 2.496'000 Acres of land returned upon which the land tax is paid and upon the best computation I cou'd make allowing for the different Quit Rents reserved under the late Lords Proprietors and under the Crown the Quit Rents will amount to about ~2750. Proc(t Money 1, annum exclusive of the Lands granted within the Townships which by the year 1747. will amount to at least ~700 more and this sum I am purswaded may be regularly collected whenever the Lords of the Treasury shall think it proper to remove M'I Hammerton from his employment of Receiver General Provided the S" employment is put into hands of a person who is acqciainted with the affairs of the Province. I humbly apprehend my Lords that by the above representation it will appear that the oposition that is given to me by the nmembers of the Council and by several of the Officers of the Crown proceeds from the irregularitys they; have been guilty of and also from the restriction they are put under in the land office by whi. ch means their fees are greatly lessen'd I have transmitted to your Lordship)s all the Vouchers I could possibly obtain at present in support of the above representation but when the proceedings of the Land Office and such mrinits of Councils and Assembly as I have directed the respective Clerks to make me out are laid before your Lordships tlhey will filly prove the truth of what is here represented. Tlhere are several other matters which I shall hereafter submit to your Lordship's consideration namely with respect to tlhe Regulations which I humbly conceive are absolutely necessaly to be made in the method and form to be observed in the return of the AMinits of Council and Assembly for as they stand at present I conceive it to be very difficult for your Lordships to form a right judgment of what they are doing in the Plantations And I shall also endeavour to point out to your Lordships the great inconvenience that attends the permitting of His Majesty's Governours in the Plantations to pass Laws of an unusual nature or by which the property of His Majesty's trading subjects are affected without incerting a suspending clause and that in many cases where laws are passed in the Provinces and sent home to be laid before his Majesty for His Majesty's approbation of the same that without 54 COLONIAL RECORDS. waiting to know His Majesty'e pleasure thereupon they pass other Laws quite altering the purport and design of the former so that if the Crown approves of the former Law it is quite changed by the latter and if the Crown disapproves of the former Law. in that case the last Law will be in force from this cause it proceeds that there have been so many changes in the Paper Bills of Currency in America. The delay given to me by the want of the returns of the accounts which I have desired from the several Officers and the ill state of health that I have been under for several months past has prevented me from giving that dispatch to business which I would otherwise have done-I have given directions to Mir' Hammnerton and also to the Clerk of the Assembly to transmit to your Lordships the Minits of Council & Assembly which will fully prove what I have represented to yr Lord'ss in relation to the proceedings of the Assembly in the year 1739. And also in regard to what steps the Assembly have taken with respect to the Petition prefer'd to them by the Letters of the Township of Williamsburgh.I am with the greatest submission May it please yr LordsPs yr Lords"" most oblidged & most obedient humble servant HENRY MICULLOH. Cape Fear North Carolina 8t of Nov:e 1741. [B. T. R. O. S~ CAROLINA B. T. VOL: 11. G. 73.] This publick Warrant is address'd to all Gentlemen Freeholders and others to whom it may concern. 12th November 1741. GENTLEMEN, His Majesty having been pleased by his Royal Commnission to ne as Commissioner for supervising inspecting and comptrolling His Majesty's Revenues and Grants of Lands to order and direct a strict enquiry to be made into the present method of passing of Grants of Lands through the several offices in this Province and to settle and regulate the same in such manner as that the Royal COLONIAL RECORDS. 55 Intentions may be most effectually answered therein. And His Majesty having been graciously pleased as an instance of his great goodness and concern for the ease and prosperity of His Subjects in this Province to command me to publish and declare that he will be graciously pleased to confirm all persons in the possessions they now hold under proprietory Patents or Grants or by Grants immediately derived under the Crown in pursuance of Iis Majesty's 42d & 43d Instructions to the Governour of this Province provided they will register their Grants and that they will oblidge themselves to cultivate and improve their lands and to pay the Quit Rents that are legally due thereon. In obedience therefore to His M}ajesty's commands and in respect to such Gentlemen as may have any concern in the matter herein treated of. I apprehend that it is a Duty incumbent on me to inform the gentlemen to whom this notice is addressed what His Majesty expects and requires they will comply with on their part which I Shall beg leave to do in the following manner namely 1st INotice is given to all such as claim lands by Proprietary Patents or Grants or by any other Title derived under them who have not comply'd with the directions of the Quit Rent Law. That they do forthwith register their Titles or Memorials thereof in the Office of the Auditor General or his Deputy and that all Lands that have been sold or devised to others be registered in the manner directed by the Said Act and that all Guardians Trustees and Attorneys who have any Lands in Trust are to take notice that if they do not comply with the directions of the said Act they will be answerable and accountable for the same and that if the record is not perfect the Party's concerned are to take notice that it will be incumbent on them to prove that they have tendered their Grants patents or memorials thereof in the Office of the Auditor General or his Deputy. 2"ly Notice is given to all such as have had any Lands ascertained to themn by virtue of surveys made in pursuance of the directions made in the Quit Rent Law or that have taken out Grants from His Majesty's Governour in order to confirm their former Titles to Lands claimed under the late Lords Proprietors That they do forthwith register their respective Titles or Memorials thereof in the Office of the Auditor General or his Deputy. 3"'" Notice is given to all persons claiming lands by virtue of 56 COLONIAL RECORDS. Patents under the late L"S Proprietors which Patents or Grants they alledge to be destroyed by fire or otherwise but of which they are not able to make full proof nor of the conditions on which the Grants were passed That His Majesty has been graciously pleased to signify His Pleasure to the Commissioner of the Quit Rents that he shall permit them to take out new Grants for the same at the proper and accustomed Office Subject to the Quit Rent of four shillings Proc"m Money ) 100 Acres. But as to all such as shall make fulllproof before the Commissioner of the Quit rents of their having had Patents from the Lds Proprietors before the year 1727. and of the conditions on which they were granted, His Majesty's pleasure is that they shall hold their Lands agreeable to the Terms and Conditions of their Patents notwithstanding their having been destroyed by fire or otherwise and that the Commissioner of the Quit rents shall certify the same accordingly. And this further notice is given that if the partys concern'd do not accept of the terms that is now offered to them that they will be proceeded against as the Law directs. 4t"ly Notice is given to all such as have Warrants granted them for Surveys or have platts or Surveys returned that they are to take out Grants for the lands claimed in right of the Warrants otherwise they will be prevented from doing it hereafter for as a Warrant is not a Title in Law those that will not do equity cannot claim it. 5t"ly Notice is given to all such wlo possess Land by Giants under the Crown and to such as claim Lands by mesne conveyances, or by any other title whatsoever derived under the said Grants that such Titles respectively or Memorials thereof are to be registered in the Ofice of the Auditor Gen' or his Deputy or that otllerwise the original Grantees will be prosecuted for the Quit Rents and that all such as have not comply'd with the conditions of their Grants in settling and cultivating their lands do forthwith settle and cultivate the same. 6t"''l Notice is given to all such as reside in this Province and have not paid their quit rents that by the Quit Rent Law their Lands are sublject to be forfeited Provided lthe Quit Rents are five years in arrear and that no distress can be found upon their hands and thus furtler notice is given to such as claim or possess lands in right of Grants made out in pursuance of Purchase Warrants ICOLONIAL RECOR.DS. 5 57 that if they do not register MLemnorials of' their Titles in the Audi.tors office and pay the Quit R~ents in the inanner directed by the, Quit Rent, Law that suclh Granits will be sul1ject, to forfe-,iture and thiat, it, is incumbenit iipo0 all persons whio hold or l)ossess L'ands under several tenures to shew by the R-eceiver Gen's Receip~ts upon., what particular P~atents or Grants they) have paid their Quit rents. 7Th" Nlotice is given to all such. who have taken out Grants for Lan-ds anid coinmitted any wi-aste upon the same by cutting down. the Timiber that tlho' the.y m-ay hiav~e subjected their Lands to be forfeited by not complying with the conditions of their Grants-or that in ordler to avoid the paymuent of the Quit Renits they have con~vey'd their Titles to others who are nrot residents in this Provin ce. That they are lierelbv requl1ired to pay the Qu~it, Rents that are du~e thereon foi' aitho' there are conditions coninprized in the Grants on failure of which they mnay be forfeited. Yet nevertheless it. is at the Eliection of the Crown to eiuforce the, performance of the conditions contained in,the Grants. And it is apprehended that where the C~onditions of' the Grant is not comply'd with that a sale or snrrender of the Granit does not discharge the Original Grantee, particularl'y wheni the same is made to any person that does not reside in this iProvince for by that meanis a claimi wNould be kept up against the Crown-T and the Crown would lbe barr'd from ha-ving any reinred y. 8thly Notice -is g'iven to all suc(.-h a~ claimn or possess more lands than what they. are entitled to by their -I'atents or GranTts thact lHis.Mnajesty has been graciously pleased to signify his pleasure that if they do give notice of such surphis lant Td to the Colninissioners of the Quit, Rents that they shall Ibe lperli'itted to take out _NeITw Grants for tihe samfie sub1ject to the Quit R~ent of four shillings Proc'm money "V hundred aci.es And this fuirther notice is given that if the party's concerned do not comrply that the Commissioners of the quit, rents wNill hereafter pu~bi~sh a notice assuring all such as will give him information of aniy surplus Lands claimed by others the party by whom-y thie notice is given shiall be entitled to have a Grant for the said surplus Land su~bject to the utsual. Termns and conditions of settlement. 9`hly Notice is given to all such as have taken out Grants for Land in pursuance of mixed surveys or of plats or surveys irregularly made out and returned that if they will apply to the Coinrrnis, 58 COLONIAL RECORDS. sioners of the Quit rents to be discharged from the same that he will submit a state of their case to the 1t Hon'le the Lords Commissioners of His Majesty's Treasury and to the iRt Ionl"' the Lords Commissioners for Trade and Plantations and that the Partys concerned may expect such relief as the nature of their case may adimiitt. Gentlemen you will perceive by the nature and tendency of the above Notice what His Majesty requires from you.is calculated for the publick service and benefit of this Province and that your own ease and security depends upon the taking of proper measure in the settlement of your Lands and in the aseertaining and freeing your share of property from being ever hereafter drawn in question by the Crown and it is hoped that the easy and gentle method that is proposed to you in the effecting of this good work will invite you thereto as it is conceived that it cannot be argued with the least appearanee of reason that it is placing any hardship on the Partys concerned in any of the matters above hinted at to register their Titles or Memorials thereof in the Office of the Auditor Gen' or his Deputy particularly as the same may be registered at so low an expence as seven pence halfpenny Proc"' money V Copy sheet and if the Benefits arrising to the Publick from the having of a regular Register of all Patents and Grants is considered the private Trouble the partys may be at in doing the same cannot be put in competition. His Majesty has it in his power and has given it to the Conmmissioners of the Quit rents in charge that after his having given publick nlotice of His IMajesty's Royal Intentions he shall by due course of Law enforce a complyance to what is now required But in order to avoid prosecutions His Majesty has been graciously pleased to command me to invite you to your duty with an assurance that such as comply with the directions of the Crown shall not be disturbed in their propertys or possessions and for this further reason that if it is possible there shall be any such as will not pay a just regard to the notice that is now given that the consequences that may attend a refusal shall be wholy imputed to themselves. You are sensible that in justice to the Crown and in respect to the security of your landed interest you ought to pay the quit rents for such lands as you'claim or possess. Yet it has appeared upon examination that tho' there is near Two millions five hundred COLONIAL RECORDS. 59 thousand acres of land returned upon your tax list that the Receiver General by his accounts has not collected since the purchase of this Province one year with another above ~753. sterling a annum inclusive of my Lord Carterets t' part of the quit rents. It is hoped that you will consider this and that you will as soon as possible state the accounts with the Receiver General and shew a readiness in doing what is in your power in the payment of the arrears of quit rent in which case the poorer sort of planters shall upon application had to the Receiver General of the Quit Rents be indulged with any reasonable time they may demand for the payment of the arrears of Quit rent. Gent from the reasonableness of what is proposed to you I doubt not but that you will readily comply with what is required and as it regards myself I beg leave to assure you that it shall be my particular study to do everything in my power for your ease and service. I am Gentlemlen &c Sign'd HENRY AMICULLOH. (Endorsed) South & North Carolina. Publick Notice addres'sd to all Gentlemen Freeholders and others whom it may concern. Reed with M1' AtCulloh's letter to the Board dated 12th Novber 1741. Recd May ye 28th Read June 17th 42 July 14th t1742 G. 73. [B. P. R. 0. SOUTH CAROLINA B. T. VOL. 11. G. 70.] To the Right Honbe the Lords Commissioners for Trade and Plantations. 12 Nov. 1741. MAY IT PLEASE YOUR LORDSHIPS, I received a letter from South Carolina 2 days ago informing me that the Grand Jury held at Charlestown the 25th of October last, had the Rent roll bill returned to them and afterwards condemn'd the same as Prejudiciall to the Interest of the province. This is a -60 COLONIAL RECOITIS. proceeding of a most unusual nature and plainly shews what length the iMembers of the Council and the other Officers of the Crown in that Province will go, in order to defeat His Majesty's intentions declared under my Instructions. They were sensible that the Assembly could not with the least Honor retract from what they had agreed to, therefore they first got the -Rent Roll bill printed in order to know if the Planters had any Objections thereto and Afterwards matters were so managed as to prevail on the Grand Jury to condemn the Bill as prejudicial to the interest of the Province. By this means the Assembly will have some Colourable reason for dropping the Bill which I am afraid they will be the more inclined to do, as there has been great care taken to inflame the Planters, and also that this Assembly will be dissolved in a little time and that the Ellections comes on next Summer. These proceedings my Lords are intended to Obstruct me in the execution of my Office and I do not apprehend that it is in my Power to do any thing for His Majesty's Service 'till such time as those in power are made sensible that they will meet with due punishlment whlenever they shall dare to act in Opposition to His Majesty's Orders which in many instances the Officers of the Crown have done, as will appear by the Representation which I have humbly slubmitted to your Lordships I am May it please your Lordships Your Lordships Most Obliged & most obedient humbl e servant IIE NRY M'aPCULLOH.,Cape Fear, North Carolina 12th November 1741. COLONIAL RECORDS. 61 [ R. T. R. O. S~ CAROLINA B. T. VOL: 11. G. 74.] Endorsed. South and North Carolina. Proposals of Henry MACulloh Commissioner of the Quit Rents with the Report of the Colnmittee of the whole House thereon as agreed to by the Iouse. Rec' with his Letter to y~ Board dated Novber 14 1741. Rec' May yC 28th Read Jn 7th 1742 July 14 1 Prop. lst That all persons claiming Lands by mesne conveyances derived under any Patents or Grants or by any other Title whatsoever derived from or under them that the Party claiming Lands in right of such Title shall be obliged withing 18. months from the ratification of this Act to register Memorials of their respective Titles in the office of the auditor General or his Deputy provided the same has not been already registered in the said office or that otherwise the Lands claimed by them Shall be Subject to forfeiture and be deemed as vacant Lands. And in order to keep up the registry of Lands in the Auditor's Office all persons who may hereafter derive any Title to Lands by mesne conveyances or otherwise Shall be obliged to enter memorials of such their Titles within six months after they are in possession or that otherwise their Land Shall be subject to forfeiture. Report. Agreed to in general but that instead of Forfeiture it be under a penalty of paying treble quit rents from the lapse or omission of entering till the Memorial shall be enter'd and that it be done within 18 months after Publick notice shall be given in Province of His Majesty's Confirmation of the Act and that the Officer be oblidged under a penalty (by the same clause) to endorse on all Titles of which Memorials are enter'd that Memorials according to Law have been entered thereon and to sign such endorsement Provided that a Certificate is produced under the hand of the Purchaser of any lands acknowledgeing that he has purchased the same. 62 COLONIAL RECORDS. Prop. 2d That all Guardian's Trustees and Attorneys who have any Lands in Trust for others be required at their peril and as they Nwill answer the damages that may ensue to enter Memorials of such Titles as they may have under their respective management Direction or Trust. Report. Agreed to under the same Limitations as the first. Prop. 3d That a Clause be inserted to exempt minors till 2 years after they are of age and such persons as are not Residents in this for 3. years after the ratification of this Act from any forfeiture of Titles on account of any omission or neglect that may happen from their not having Memiorials of their Titles entered in the Office of the Auditor General or his Deputy. Report. Agreed to, as above. Prop. 4th That such as have possession of land without being able to produce any legal Title for the same shall be at liberty to take out Grants from the Governor in Council for the said Lands subject to the usual terms and conditions of settlement. Report. Agreed to so that the person applying for such new Grants shall have it on the same termns and conditions as in his former Grant Provided he can make it appear upon what Terms such Lands were formerly held. Prop. 5t' That all persons upon payment of quit rent to the Receiver General or his Deputy shall be oblidged to give in a State or Schedule of the Lands they then hold under different tenures or otherwise to forfeit double the Quit rents and that the Receiver General shall be oblidged to give them a receipt under their State or Schedule so produced to him. Report. Agreed that the first tinle any person shall pay his Quit Rents after Confirmation of this Act he shall be oblidged to give a State or Schedule of the Lands he then holds but not afterwards unless a new purchase made or alteration of the property. The rest of this proposal agreed to. Prop. 6th That Such as have Warrants granted to them for Surveys or have platts or surveys returned are to be at liberty to take out grants for the sanie Subject to the usual Terms and Conditions of Settlement. Provided the said Grants are made out for such platts as are returned within 6. months and for such Warrants as have not platts returned withlin 18. months fiom the ratification of this Act but othlerw\ise they are to deliver up the said Warrants COLONIAL RECORDS. 63 and be Bar'd for ever after taking out Grants in right of them and that it shou'd be provided if any person makes waste on the King's Lands by cutting down the Timber or burning off lightwood that they shall for ever after be Subject to the Payment of the Quit Rents. Report. Agreed to the first part of this Proposal except that persons be oblidged to deliver up their Warrants and be barr'd for ever thereafter from taking out Grants in right of them and that the latter part of the Proposal relating to the committing waste stand as to imposing a penalty on the person committing such waste. Prop. 7t' That such as possess more lands than they are entitled to by their Patents or Grants shall within 18. months from the Ratification of this Act give an account of such surplus Lands to the Governor and Council in which case they shall be entitled to a new Grant for such Surplus lands upon the same terms and conditions contained in their former Patents or Grants. But if the partys concerned do not comply within the time limited they shall not have a preferance to any other person who may hereafter apply for a Grant of the said surplus lands. Report. Agreed to with these amendments that as the lands in this Province are full of underwood which renders it difficult to run them out very exact, therefore where there is only ten acres in one hundred over measure and so in Proportion for a greater or lesser quantity it shall not be deemed to be Surplus land since a mistake of that quantity might probably happen from the difficulty in Surveying it. And that the term of 18. months be enlarged to five years after the confirmation of the Act and that the party taking out a Grant for surplus lands Shall be oblidged to pay Quit Rents for the same from the time of the Confirmation of this Act. Prop. 8th That all persons who hereafter sells or conveys any of their Lands to other Persons that are Residents in this Province that the party disposing of their Lands shall thereafter be discharged from the payment of the Quit Rents that may commnence and grow due thereupon Provided the Quit rents are paid up till the time of sale and that a nmemorial of such conveyance be immediately enter'd in the office of the Auditor General or his Deputy. Report. Agreed to with this Amendment t that 6 months lbe allowed for entering Memorials of such Conveyance. 64 COLONIAL RECORDS. Prop. 9th That all persons claiming Lands by Patents or Grants or by any other Title derived under them (lands within the outlines of the Town excepted) shall settle or procure to be settled within four years from the ratification of this Act, one white protestant man for every 1000 acres of land claiml'd by them in right of any title whatsoever which person or persons shall be settled on the lands so claimed by them, and be subject to the Militia Law and that effectual care be taken that no Person do double duty and that the Person or Persons so settled have not been formerly entered in the Militia Rolls of this Province. Report. Agreed to Provided it extend not to Proprietary Patents or Grants of Land made before His Majesty's Purchase of the soil of this Province and provided that the persons who are obliged from their quantity of Lands granted since his Majesty's purchase of the soil to provide a white man for every 1000. acres without the out lines of the Townships be at Liberty to settle those men on any part of the said Lands provided further that the owner of such Land or his son or sons of the age of 16. servants and overseers be deemed and taken as so many of the said Persons whom he is oblidged by this Clause to produce on the muster Rolls of the Militia in the parish where such Land shall be scituate. Prop. 10th That all persons claiming lands by Grants under the Crown or by any other title derived under them within the out lines of the Townships shall be obliged to settle or procure to be settled within 4. years from the Ratification of this Act two white protestant men for every 1000. acres of land claimed by them within the out lines of the Townships Which Persons shall be so settled upon the Lands so claimed and be subject to the Militia Law. And that effectual care be taken that no person do double duty and that the persons so settled have not been formerly enter'd in the Militia Rolls of this Province. Report. Agreed to. Prop. 11th That all such as have taken out Grants for Lands in pursuance of mixed surveys or of plats or surveys irregularly made out and returned that at any time within 6. months after the Ratification of this Act be at Liberty to surrender their said Grants Provided they do give notice to the Auditor General or his Deputy in Writing of such their surrender and provided also that the party who surrenders the same make oath before the Governor in Coun COLONIAL RECORDS. 65 cil that they have not nor any person for them cut down any of the Timber or burnt the lightwood upon the lands which is then by them so tendered to be surrendered to the Crown. Report. This clause agreed to in substance but to be extended to all Grants as well others as those upon mixed surveys where the party surrendering shall make oath that he has committed no willful waste by burning Kilns of Pitch or Tar thereon or felling the Timber to the value of ~.5. sterling The surrender to be admitted at any time within 1.8. months next after notice and publication in this Province of His Majesty's confirmation of this Act Prop 12.tt That a Clause should be brought in to enable tile Crown to recover escheated Lands -But as to the present Escheats that it may be humbly offered to the Crown that the benefits arising therefrom shall be apply'd in such manner as the Govr Council and assembly shall direct for the encouragement of Foreign Protestants or others to settle in this Province. Report. Agreed to Provided that the application of the moneys arising from the escheated Lands be not particularly specified and that the power be given to the Court of Common Pleas for the recovery thereof and that in the Bill it be particularized what is intended by escheated Lands. Prop. 13th That it ihay be enacted that all Grants that have been made out by His Majtvs Govrs since the purchase of this Province by the Crown shall be confirmed and provided no escheated lands are included within any of the said Grants. Report. Agreed to. Provided it extend not to Grants within the Townships but to all other Grants against the Crown and that a saving clause be added for private Propertys. Prop. 14th That a suspending clause be incerted to prevent this Bill from taking Effect till His iMajesty's pleasure is made known thereon. Report. Agreed to. It was agreed further that a clause be added to confirm every part of the Quit Rent Act that shall not be alter'd by the intended Regulations of this Act. 5 66 COLONIAL RE(ORDS. 1742. [B. P. R. O. So: CAROLINA B. T. VOL: 12. G. 109. ] This Publick Notice is addressed to all Gentlemen Freeholders and others whom it may concern. In obedience to his Majesty's commands and in respect to such Gentlemen who may have any concern in the Matters herein treated of I apprehend that it is a duty incumbent on me to inform the Gentlemen to whom this notice is addressed what his Majesty's Instructions (to the Commissioners of the Quit Rents) are in relation to them. 1st In relation to such Gentlemen as claim lands in Albemarle County in right of what has been generally termed their Grand Deed or Charter his Majesty has signified his Pleasure in the following Terms. namely. Whereas many disputes have been ocasion'd by the pretended rights of persons in Albemarle County in North Carolina by virtue of what they term their grand Deed or Charter being in fact as we are given to understand only a Temporary provision: Yet nevertheless in order to settle and determine the property of such persons as claim lands in that County under that right you are to permit all persons claiming Lands in the said County by virtue of such Patents under the Lords Proprietors before the year 1727. to hold those Lands subject to the rate of two shillings sterling Quit Rents only per: hundred acres or if they shall insist to pay their Quit Rents in the product of that Country such product shall be brought at their own charge unto the next Port or Place where the King's Receipt is held and there be valued on the foot of sterling money by sworn appraisers. By what is usually termed the Grand Deed or Charter admitting it to have been in force and to have subsisted till the time of his Majesty's Purchase (which in fact is otherwise) all the rights and privileges that can possible be claimed in right of said deed, is, that the Gentleman of Albemarle County shall hold their Lands upon the same terms and conditions that Land was usually granted in Virginia in 1668-The Deed of Grant refered to expressly mentioning " That such as shall come into the said County of Albe COLONIAL RECORDS. 67 marle to plant or inhabit shall hold their Lands upon the same Terms and Conditions that Land at this present (1668) is usually granted in Virginia anything in our (the said Lords Proprietors) Instructions and Concessions aforesaid to the contrary notwithstanding." Which plainly shows that the Privilledges granted under the said Ieed do not extend further in any respect than what is comprized within the Grants that were usually made out in Virginia in the year 1668 which Grants were made out upon the following Terms and Conditions namely. "That the Grantee shall hold his lands with his due share of all mines and minerals therein contained with all woods and waters with all rights and privilledges of hunting hawking fishing and fowling with all woods waters and rivers with all profits commodities and Iereditaments whatsoever thereunto belonging to him the said -------------------—. his heirs and assignes for ever in as full and ample a manner to all intents and purposes as is expressed in a Charter of orders from the late Treasurer and Company dated the 18th November 1618. or by consequence may be justly collected out of the same or out of the Letters Patents whereon they are grounded To be held of our sovereign Lord the King his heirs and successors for ever as of his Mannor of East Greenwich in free and common soccage and not in Capite or by Knight's service yielding and paying unto our sovereign Lord the King his Heirs and successors for every fifty acres of land hereby granted yearly at the Feast of St Michael the Archangel the free rent of one shilling which payment is to be made yearly from year to year according to his Majesty's Instructions of th 12th of September 1662. Provided that if the said ----—.. --- —nor his assignes do not seat nor plant nor cause to be seated or planted upon the same land within three years next ensueing the date hereof Then it shall be lawfull for any adventurer or Planter to make choice thereof and seat on the same." Having for your further information given you a true state of the grants that were made out in Virginia in the year 1668. I shall beg leave to observe to you that neither by the Grants that were made out in Virginia nor by any Title or privilledge convey'd to the Inhabitants of Albemarle County in right of what is usually termed their Grand Deed 'or Charter That the Inhabitants of said County have not the least Title or Privilledge to assume the payment of their Quit Rents in Commoditys. 68 COLONIAL RECORDS. I am well appraised that what has led many of you into mistakes is. That soon after the Restoration the Quit Rents of Virginia were settled by Act of Assembly to be paid in Tobaco's at 2d d lb. and that they were received upon that foot till the year 1684 at which time the King repurchased the soil from the Earl of Arlington and Lord Culpepper to whom by Letters Patent it was granted for 31 years. Upon this purchase the King declared that rather than take Tobaco's at the price then rated he wou'd accept of a piece of Eight for a Crown Sterling which offer was not generally accepted of the Law still subsisting Therefore in the year 1686. the King ordered a repeal of the said Law at the same time declaring by His Instructions to his Governour that he would accept of Tobaco at 1l f lb. And thus it hath continued ever since under a Standing Instruction to the Gov: to cause the Quit Rent Tobaco to be sold yearly by inch of Candle which is the Warrant as well for the receiving of it as for the sale of it. By the State which I have given you of the Proceedings of the Crown in relation to the Law above refer'd to it fully appears that the said Law in the repeal thereof was considered as a Law enacted contrary to the powers vested in the Governour Council and Assembly as void and nullety in itself for otherwise the said Law could not have been repealed so as to make such as held Lands under the Earl of Arlington and Lord Culpepper subject to any new conditions in the payment of their Quit Rents. Gentlemen I have endeavoured to demonstrate to you that by the deed of Grant you have not the least Title to any Priviledge enjoyed by His Majesty's subjects in Virginia other than what is comprized within the Terms and conditions, set forth in their Grants. That the Law above refer'd to was considered by the Crown as void in itself and that if it had been otherwise that the Deed of Grant does not intitle you to any Privilledge enjoyed by the Planters of Virginia in right of their Municipal Laws. The offers the Crown has been graciously pleased to condecend to make you in the aforegoing Instructions are very favourable and I hope in duty to His Majesty you will thankfully accept of them-the method and form to be observed in the receipt of your Tobaco is not fully pointed out to me by my Instructions but as I apprehend by the whole tenor of my Instructions that his Majesty's COLONIAL RECORDS. 69 gracious Intention in relation to the Tennants of the Crown in this Province is principally to invite them to their Duty by offering them the most reasonable and equitable Terms. I shall therefore in obedience to what I humbly conceive to be his Majesty's gracious intentions under the said Instructions and as a Temporary Expedient to prevent all disputes in the ensuing Collection of the Quit Rents give the necessary directions to the Receiver General of the Quit Rents. That the Gentlemen of Albemarle County who possess Lands in right of Grants which have been made out in pursuance of what they term their Grand Deed or Charter shall be at Liberty to pay their Quit Rents in the following manner, namely Two shillings sterling for every hundred acres of land possessed by them allowing to such as make prompt payment the same discount as is usually allowed in Virginia And to such as pay in good merchantable Tobaco's at 1ad lbf and per cent disct: for the charge in bringing it to the Publick Stores in each County, and the other four per cent which was formerly allowed under the late Quitrent Law to be apply'd towards answering the charge of the Store Keepers untill such time as provision can be made by the publick to answer that charge. But as to all such as do not pay their Quitrents within the time limited, that they are not to be entitled to any prompt or discount on payment of their Quitrents. 2dly In relation to such gentlemen as Claim Lands in right of Proprietory patents, His Majesty has been graciously pleased to signify His pleasure in the following terms namely, "And as an Encouragement to such Land holders to come'in and be obedient to your Summons, You are to assure them that upon their comnplyance with such summons We will be graciously pleased as an indulgence to such as hold Lands by virtue of Patents granted by the late Lords Proprietors before the Year 1727 to order their Titles to be confirm'd provided they were in actual possession of tle Lands at that time or had surveys regularly made and returned and on condition likewise that they register their grants regularly and claim no more Lands than are mentioned in their Patents and that in case they appear to be in possession of a surplus of land, We are graciously pleased in such case to admit them to take out new patents for the same subject to the Quitrent of 4s. Proclamation 70 COLONIAL RECORDS. money per 100 acres prescribed by Our Royal Instructions to our Govrs there. And as to all persons claiming lands by virtue of and under patents derived from the Lords Proprietors since 1727 upon producing to you the same Patents and having the same regularly Endorsed by you mentioning the conditions following, that is to say the paying of 4s. Proclamation money for every 1(0 Acres contained in their grants and that they bind themselves down to the usual terms and conditions of Settlement. In such case the producing the letters patents and your endorsement thereon shall be evidence of the grantees right, provided the same be regularly registered in the Auditors Office there within six months next after the date of such your endorsement. And whereas Sir Richard Everard when Governor of North Carolina under tie Lords proprietors in or about the year 1729 granted several Tracts of land in North Carolina in consideration of the trouble and expence of the commissioners for running the boundary line between that Province and Virginia, We are graciously pleased to declare and grant that every such person or persons as shall fully prove before you and to your satisfaction the right of purchase under that claim shall be allowed to hold their lands on conditions in their grants reckoning every thousand acres of land as an equivalent for Ten pounds sterling due to them or to such persons under whom they lawfully claim. You are therefore hereby required to take such proof or proofs, which proofs when taken, (if found agreeable to our instructions) and your allowance thereof being recorded within six months after in the said Auditors Office shall be sufficient evidence of the original right to ye Quantity of Lands by the said proportion limited, An extract of which proofs you are at the same time to transmitt to the Commissioners of our Treasury, And our commissioners for Trade and Plantations." By the aforegoing Instructions it will appear evident that what His Majesty has principally in view is to Establish order and quiet in the Province, which cannot be properly effected without the forming of a proper register or Record in the Auditor's Office, the doing of which is made a previous condition to that of the confirmation of property in the possession of your Lands. And I doubt not but that on your part you will readily comply therewith: the concessions of the Crown having been very great as it may with Justice be affirmed that this the Titles to the Patents COLONIAL RECORDS. 71 that were made out in due form before tie first of January 1727 are confirmed by the act of surrender that yet never the less the Crown has a right to demand the arrears of Quitrent due from the year 1716. And in relation to the purchase money which is supposed to be paid in consideration of said patents the Crown has equally a right to Enquire into that matter. And as to all patents which have been made out from after the first of January 1727, I apprehend that such as hold land in right of those patents have not the least Title in Law to-their possessions. I have mentioned these particulars to shew you what lengths the Crown has gone in order to invite you to your duty in the regular payment of their Quitrents in the laying a state of your patents before me. And in the registering of the same in the Office of the Auditor General or his Deputy. I am sensible that by the last instruction which I have above recited, some difficultyes will arise with respect to the claimants. The Lands ( as supposed under the instruction) not having been assigned over to the Commissioners who run the boundary line between this Province and Virginia but only sold in order to discharge the sum then due to them, As this is a new matter which arises under the Instruction I shall represent the same to the Right Honorable the Lords Commissioners of His Majesty's Treasury and I have not the least reason to doubt but that if you in the meantime comply with what I have proposed to you that such orders and instructions will be given by their Lordships as will be fully to the satisfaction of all the Partys concerned. In relation to such gentlemen am claim lands bye Warrants or grants immediately derived under the Crown His Majesty has been pleased to direct the Commissioner of the Quitrents; that if the conditions upon which the warrants were issued and those grants made out have not been comply'd with, In such cases to give Publick notice in writing, That if they do not comply with the conditions of their grants their Lands shall be deem'd as lapselands. I shall now beg leave to address myself in general Terms to all the gentlemen who may have any concern in the matters above hinted at. Gentlemen, you are sensible of the advantages that will acrue to yourselves as well as to the publick in the removal of all- disputes depending between the Crow;n and you in relation to the 72 COLONIAL RECORDS. possession and inheritance of your landed property. That the keeping up a regular record in the Auditor's Office may be a means of preventing many Disputes that might otherwise arise not only with the Crown but amongst yourselves, That if you possess greater quantitys of land than what you are entitled to by your grants, you ought to pay Quitrents for the same, that Justice should be done the Crown in the payment of the Quitrents and that some regular method should be prescribed and observed in the collection of the same. This is what the Crown expects from you and I hope in duty to His Majesty you will comply therein with the greatest cheerfullness. His Majesty's condescention has been very great in the indulgent terms offered to you and if you do not comply on your part I am commanded to inform you that you are not hereafter to expect the least indulgence from the Crown, but that you will be proceeded against as the law directs, therefore whatever consequences may attend a refusal must be wholy imputed to yourselves. As it regards myself I beg leave to assure you that I am with the greatest truth Your most Devoted and most obedient humble Servant HENRY MAcCULLOH Wilmington, 20th March 174SCape Fear North Carolina. [B. P. R. O. So: CAROLINA. B. T. VOL: 12. G. 109. ] T6 the Right Honourable the Lords Commrs1 for Trade and Plantations. 19 Aug. 1742 }May it please your Lordships. I have herewith transmitted to your Lordships the Copy of a publick notice address'd (the 20th of March last) to all Gentlemen Freeholders and others to whom it may concern in the Province of North Carolina which will inform your Lordships pretty clearly of the nature of the disputes which subsists in relation to what the COLONIAL RECORDS. 73 people in Albemarle County claim in right of their Grani Deed and also as it relates to such as claim Lands in right of Patents granted by Sir Richard Everard during the time the Land Office was shutt up in pursuance of orders given by the late Lords Proprietors in the years 1716 & 1718. I apprehend that the Terms offered under the said notice would very readily be accepted of by the Planters if it was not that they have imbibed a strong opinion that the Governor will be able to procure them as good Terms as those they had under the late Quit rent Law and that many of them have an opinion that as they comply'd with the Terms of the late Quit rent Law in regestering their Grants: that tho' the Law' is repealed yet nevertheless they are thereby confirmed in their possessions and what still confirms them the more in this way of thinking is That after the Governor had notice of the Repeal of the Quit rent Law he passed an Act Entitled An Act to enlarge the time for enrolling of Lands in the Auditor's Office and proving the Quiet possession of lands for twenty years past and upwards. This Act differs greatly from the Title given to it and in most respects (in the opinion of the Lawyers of this Province) confirms such Acts as were done under the late Quit Rent Law. The Officers of the Crown in this Province have not plainly refused to do their duty as Iammerton has done in South Carolina but hitherto they have given such affected delays under many Pretences that I cannot prevail on them to give me any regular state of the Grants & Quitrents Therefore I apprehend it to be for His Majesty'k service that I should remain inactive untill your Lordships pleasure is Known in relation to the Representation I did myself the Honour to transmitt to your Lordships in November last. I am May it please your Lordships your Lordsps most obliged and most obedient humble servant HENRY AM~CULLOII. Wilmington Cape Fear North Carolina 19tl Augst 1742. [ Endorsed ] Recd Febry ye 3d 17 Read June 31st 14' G. 109. 74 COLONIAL RECORDS. 1744. [B. P. R. O. PLANTATIONS GENERAL B. T. VOL. 56. P. 128.] King's Warrant appointing Enoch Hall Esqre Chief Justice of North Carolina. 21st April 1744. GEORGE R, Trusty and welbeloved We greet you well. Whereas We have taken into Our Royal consideration the Integrity and Ability of Our trusty and welbeloved Enoch Hall Esqrc We have thought fit hereby to require and authorize you forthwith to cause Letters Patents to be passed under Our Seal of that Our Province of North Carolina in America for constituting and appointing the said Enoch Hall our Chief Justice of and in Our said Province in the room of William Smith Esqr' deceased to have, hold, execute and enjoy the said Office, during Our pleasure and -his Residence within our said Province together with all and singular the Rights Profits, Privileges and Emoluments unto the said Place belonging or appertaining with full power and authority to hold supreme courts of Judicature at such Places and times as the same may and ought to be held within Our said Province And for so doing this shall be our Warrant. And so We bid you Farewell. Given at our Court at St. James's the twenty first Day of April 1744 in the seventeenth Year of our Reign. By His Majesty's Commnand HOLLES NEWCASTLE To our Trusty and welbeloved Gabriel Johnston Esqre Our Capt Gen' & Govr in Chief for our Province of North Carolina in America and in his absence to our Commander in Chief or to the President of our Council of our said Province for the time being. COLONIAL IRECORDS. 75 [B. P. R. O. So: CAROLINA. B. T. VOL: 13. H. 46.] Order of the King in Council. At the Court at St James's the 9th day of May 1744. Present. The Kings most Excellent Majesty in Council. Upon reading at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs dated this day in the words following vizt In Obedience to your Majesty's Order in Council of the 21st of March last referring to this Committee a Return made by the Commissioners appointed in behalf of your Majesty as also of the Lord Carteret to sett out and allott to His Lordship one full eighth part of the Province of Carolina together with a Plan of the Lands so laid out and allotted to him by the. said Commissioners-The Lords of the Committee have this day taken the said Return and Plan into Consideration and thought proper upon this occasion to look back into the several steps that have been taken upon this Affair-Whereupon their Lordships do humbly Report to your Majesty that they find Lord Carteret did sometime since present his humble Petition to your Majesty setting forth his Right under Letters Patents granted by King Charles the Second to one full undivided eighth part of the Provinces of Carolina and also of the arrears of Quit Rents and other dutys, Reckonings, Claims and Demands and humbly praying that his said eighth part of the soil of the said Province and Territorys might be set out and allotted to him in such part of the said Provinces and Territorys as should be agreed on between such persons as your Majesty should be pleased to appoint for your Majesty and such persons as the Petitioner should name on his part, to Have, Iold and Enjoy the same for ever hereafter in severalty to the Petitioner his Heirs and Assignes together with all and every the-same Royaltys, Powers and Libertys Franchises and Privileges (the Government thereof and of the said Province of Carolina only excepted) as far as concerns such Eighth Part to be so allotted to the Petitioner as the Petitioner is entitled unto under the said Letters Patents and an act of Parliament passed in the second year of your Majesty's Reign for establishing an Agreement with seven of the Lords Proprietors of Car 76 COLONIAL RECORDS. olina for the surrender of their Title and Interest in that Province to his Majesty in case such Division or Allottment was not or should not be made and under the like Quit Rents proportionably as is mentioned in the said Letters Patents according to the Petitioners Proportion or Eighth Part thereof, and thereupon the Petitioner humbly offered and proposed to surrender to your Majesty your Ieirs and Successors his share and interest of and in the Government of the said Province or Territorys and to convey, release and confirm to your Majesty your Heirs and Successors the other seven Parts of the said Province-Which Petition being referred by your Majesty to this Committee their Lordships did on the 24th of August I742 make their Report thereupon to your Majesty wherein they set forth that they had referred the said Petition to the Lords Commissioners for Trade and Plantations who had offered as their Opinion that it would be for your Majesty's service that the Lord Carteret's Property should be seperated from that of your Majesty wherein he should enjoy whatsoever he is entitled to by the Charters of Carolina and the aforesaid Act of Parliament, and for the better preventing any Difficulties that might attend the setting out an Eighth Part of the said Province the said Lords Commissioners conceived the Method proposed by the said Lord Carteret would be the most effectual and that upon consideration thereof this Committee did agree in Opinion with the said Lords Commissioners for Trade and Plantations that the said Lord Carteret's Property should be seperated from that of your Majesty and to that end this Committee humbly proposed that the respective Governors of South and North Carolina or either of them as your Majesty should be pleased to direct be ordered to nominate and appoint proper persons as Commissioners on your Majesty's behalf not exceeding five, who in conjunction with a like number of persons to be appointed by the Lord Carteret as Commissioners on his behalf should be empowered to set out and allott to the said Lord Carteret one full Eighth part of t~e said Provinces of Carolina in such part or parts of the said Provinces and Territorys as should be agreed upon by the Commissioners so to be appointed as aforesaid and that they should be required to make a return of their proceedings therein to your Majesty in Council within eighteen months after the date of your Majesty's Order to be made upon the said Report and also to lay before your Majesty a Plan contain COLONIAL RECORDS. 77 ing a full and exact description of the said Lands together with the respective Boundarys thereof in order to your Majesty's signifying your Royal Pleasure (in case your Majesty should approve thereof) for conveying the same to his Lordship in such manner as should be advised by your Majesty's Counsel learned in the Law, Provided the said Lord Carteret should at the same time make a surrender to your Majesty of all his Pretentions to the Government of the said Provinces of Carolina and should Convey release and confirm to your Majesty your Heirs and Successors the other seven parts of the said Provinces and for the better Guidance of the Commissioners so to be appointed on your Majesty's behalf in the discharge of their duty herein the Committee conceived that it might be advisable for your Majesty by your order in Council to require the said Commissioners to follow and observe such directions and instructions as might be found necessary to be given them from time to time either by your Majesty or by those who act under your Majesty's Royal authority-Which Report of the Committee being laid before your Majesty in Council on the 15th of September 1742, your Majesty was pleased to approve thereof and to give the necessary directions for appointing Commissioners on your Majesty's behalf and to empower them (in conjunction with the Commissioners to be appointed by the Lord Carteret) to set out and allott to the said Lord Carteret one full Eighth Part of the said Provinces of Carolina and to require them to make a Return of their 'Proceedings therein to your Majesty in Council within 18. months of the date of your Majesty's said Order together with a Plan containing a full and exact discription of the said Lands with the Boundarys thereof Pursuant whereto the Commissioners appointed to lay out the said Lands as well on behalf of your Majesty as of the Lord Carteret have made the Return now referred by your Majesty to this Committee dated the 6th day of December 1743. together with the Plan of the Lands they have laid out and allotted to the said Lord Carteret whereby it appears that they have allotted to His Lordship one full Eighth part of the Provinces of Carolina in one entire separate District in the Province of North Carolina next adjoyning and contiguous to the Province of Virginia which eighth part is bounded to the North by the line in the said Plan that divides Carolina from Virginia to the East by the great Wes 78 COLONIAL RECORDS. tern Ocean commonly so called and as far Southerly as a Cedar Stake set upon the Sea side in the Latitude of 35. Degrees and Thirty four minutes of North Latitude being six miles and a half to the Southward of Cluckinacomack Inlet from that Stake by a West Line which passed twenty five feet to the Southward of the House where Thomas Wallis liveth and so West as far as the bounds of the Charter granted to the Lords Proprietors of Carolina by His Majesty King Charles the Second which West Line went within 1660 Poles to the North of the South end of Bath Town All which Boundarys are marked out and ascertained by the said Plan. Upon consideration whereof the Lords of the Committee do agree humbly to report as their Opinion that your Majesty may be pleased to approve of the said Return and Plan and of the allotment thereby made to the said Lord Carteret for his one eighth part of both the Provinces of Carolina and that thereupon it may be advisable for your Majesty to order your Attorney and Sollicitor General to prepare the necessary Instruments or Deeds conformable to what is contained in the aforementioned Reports approved by your Majesty on the 15tl September 1742. for Conveying, Releasing and Confirming the said Lands to the said Lord Carteret and his Heirs and likewise for the said Lord Carteret's surrendering up to His Majesty this day took the said Report into consideration and was pleased with the advice of his Privy Council to approve thereof and also of the said Return and Plan hereto annexed and of the allotment of Land thereby made to the said Lord Carteret for his one eighth part of the Provinces of Carolina. -- And His Majesty doth hereby order that Mr Attorney and MI' Sollicitor General do prepare such Instruments or Deeds as are proposed by the said Report and present the same to His Grace the Duke of Newcastle His Majesty's principal Secretary of State who is to lay the same before His Majesty and to prepare a Warrant for His Majesty's Royal Signature in order to pass the Deed or Instrument for confirming the said Lands to the Lord Carteret under the Great Seal upon the said Lord Carteret's executing the Deed or Instrument of Surrender on his part. --- A true Copy. W. SHARPE. COLONIAL RECORDS. [B. P. R. O. So: CAROLINA B. T. VOL: 13. H. 44.] White Htall. October 26th 1744. MY LORDS, I send your Lordships herewith, by His Majesty's Order a printed Copy of the Grant and Release from His Majesty, under the Great Seal of this Kingdom, of one eighth Part of Carolina to my lord Carteret (now Earl of Granville) and also of the surrender of seven eighth Parts of Carolina from my lord Granville to His Majesty: which His Majesty has commanded me to transmit to your Lordships for your Information, and Direction. I am My Lords your Lordsl' most obedient humble servent HOLLES NEWCASTLE. [Endorsed] Reec Novber 6t' 1744. Read - 7 1744 [B. P. R. O. So. CAROLINA B. T. VOL. 13. H. 45.] GRANT AND RELEASE OF ONE EIGHT PART OF CAROLINA FROM HIS MAJESTY TO LORD CARTERET 22. pp. Printed. [Indorsed.] Received Novr 6th 1744 with the Duke of Newcastles' letter dated 26t' Oct. 1744. N. B. The above has been reprinted from the revised Statutes of North Carolina Vol. II. p. 15 in the Colonial Records of North Carolina Vol. IV. pp. 655-663, and is therefore omitted here.-W. N. S. so~~~~~~~~~~~~o r --- —--- "; -,,, ffi.50~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.36, ~ ~ xe ^ ~<e<^ ^ ^ 30 1 - I. ^ I I* ^~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~C rra^^ ^ ^O0 \. \f^ //; -----— J-f —^^ 7^^-y ^~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~J /o ^[1 ^.! ^w - J y P7s. '0.,p~~~~~~~~~~~~~~~~~~T 15~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~s B /O Y N --- st ^1 8v is ~~ / \~ /o I;~^ /'t~ 3~~' \~ */ EO ^wY1~4~ S~ y ^.____________________________________ _ __)~~a e~ L'30 /^ctn~l.^'e Cadw~u~ra. cc~d. ^rad ^w~r f A W teir ~IictimJ and thLe PRoposiO. Qoujtdwif db 4 ints hctLeaU Y, a2nd SoCithA Ca'Oblna, I 'W -theo Ca/du& iz a seriv in y''fervn SIta-eUa cd, at dotwt jy a scaler <4 kS /'inCA, 697, t one \ a e.o Q Grcrl Crcle C o / tceute himes. /o La~c_^/^/_c<:>~ unly~fctuenf^/jetu /^c ffeAundcry ^In..30 2S /.o o i i~-" -* - 80 COLONIAL RECORDS. [B. P. R. 0. So. CAROLINA. B. T. VOL: 13. H. 45.] Surrender of seven eight parts of Carolina from Lord Carteret to His Majesty. This Indenture made the seventeenth Day of September, in the eighteenth year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith &c: and in the year of our Lord 1744. Between our said Sovereign Lord the King's most excellent Majesty of the one part; and the Right Honourable John Lord Carteret of the other part. Whereas His late Majesty King Charles the second by his Letters Patent, under the Great Seal of Great Britain, bearing date at Westminster the 24th day of March, in the fifteenth year of his reign, did grant and confirm unto Edward then Earl of Clarendon, George then Duke of Albemarle William then Lord Craven, John then Lord Berkley, Anthony then Lord Ashley, Sir George Carteret Knt: and Bart: Sir William Berkley and Sir John Colleton Knt: and Bart: all since deceased, their Heirs and Assignes All that Territory or Tract of Ground situate lying, and being within his said late Majesty's Dominions in America, extending from the North End of the Island called Lucker Island which lyeth in the Southern Virginia Sea and within 36. Degrees of the Northern Latitude and to the West as far as the South Seas and so Southerly as far as the River St 1Mathias, which bordereth upon the Coast of Florida, and within 31. Degrees of Northern Latitude, and so West in a direct Line as far as the South Sea aforesaid; 'together with all and singular Ports, I-Iarbours, Bays, Rivers, Isles, and Islets belonging unto the country aforesaid; and also all the soil, lands, fields, Woods, mountains, farms, lakes, rivers, Bays and Islets, situate or being within the Bounds and Limits aforesaid, with the fishing of all sorts of fish, Whales and Sturgeons, and all other Royal Fishes, in the Sea, Bays, Islets, Rivers within the Premisses and the fish therein taken: And moreover all Veins, Mines, Quarries as well discovered as not discovered of Gold, Silver, Gems and Precious Stones, and all other whatsoever, whether of Stones, Metals, or any other Thing whatsoever found or to be found within the Country Islets and Limits aforesaid And also all the patronage and advowsons of all Churches and Chappels COLONIAL RECORDS. 81 which as the Christian Religion should increase within the Countries Isles Islets and Limits aforesaid shall happen then after to be erected Together with License and Power to build and found Churches, Chappels and Oratories in convenient and fit places within the said Bounds and Limits and to cause them to be dedicated and consecrated according to the Ecclesiastical Laws of the Kingdom of England Together with all and singular the like and as ample Rights, Jurisdictions, Privileges Prerogatives, Royalties, Liberties, Immunities and Franchises of what kind soever, within the country, Isles, Islets and Limits aforesaid To Iave, Use, exercise and enjoy and in as ample manner as any Bishop of Durham in the Kingdom of England ever theretofore had held used or enjoyed or of Right ought or could have, use or enjoy: And His said late Majesty did thereby for Himself, his Heirs and Successors make create and constitute the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret Sir William Berkley, and Sir John Colleton their Heirs and Assignes the true and absolute Lords and Proprietors of the Country aforesaid and of all other the Premisses (saving always the Faith, Allegiance and Sovereign Dominion due to His said Majesty, His Heirs and Successors for the same) To Have, Hold Possess, and enjoy the said Country, Isles Islets and all other the Premisses, to themi the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret Sir William Berkley and Sir John Colleton their Heirs and Assignes for ever, to be holden of His said late Majesty His Heirs and Successors, as of his Manor of East Greenwich in the County of Kent in free and common Soccage and not in Capite, or by Knight's Service; Yielding and paying yearly to His said Majesty His Heirs and Successors for the same, the fourth part of all Gold and Silver Ore within the Limits aforesaid which should from time to time happen to be found, the yearly Rent of Twenty Marks. And Whereas his said late Majesty King Charles the second, by other Letters Patent, under the Great Seal of England bearing date the 30th of June in the seventeenth year of His Reign reciting the Letters Patent Ierein first recited, did grant unto the said Edward Earl of Clarendon, George Duke of Albemarle William 6 82 8 COLONIAL RECORDS. Lord Craven, then Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their Heirs and Assignes All that Province, Territory or Tract of Ground situate lying and being within His late Majesty's Dominions of America extending North and Eastward as far as the North End of Carrahtuck River or Gullet upon a strait Westerly Line to Wyonoake Creek which lies within or about the Degrees of 36. and 30. M/inutes Northern Latitude, and so West in direct Line as far as the South Seas, and South and Westward as far as the Degrees of 29. inclusive Northern Latitude and so West in a direct Line to the South Seas; together with all and singular Ports, Harbours, Bays, Rivers, and Islets, belonging unto the Province or Territory aforesaid, and also all the soil, lands, fields woods farms, lakes, rivers, bays, and islets situate or being within the Bounds or Limits last before mentioned, with fishing of all sorts of fish, Whales, Sturgeons, and all other Royal fishes in the Sea, Bays, Islets and Rivers within the Premisses and the Fish therein taken together with Royalty of the Sea upon the Coast within the Limits aforesaid and all Veins, Mines and Quarries as well discovered as not discovered of Gold, Silver, Gems and Precious Stones, and all other whatsoever be it of Stones Metals or any other things found or to be found within the Premisses, Territory Islets and Limits aforesaid And furthermore the Patronages and Advowsons of all Churches and Chappels which as the Christian Religion should increase within the Province, Territory Isles and Limits aforesaid should happen then after to be erected, together with License and Power to build and found Churches, Chappels and Oratories in convenient places within the said Bounds and Limits and to cause them to be dedicated and consecrated according to the Ecclesiastical Laws of the Kingdom of England, together with all and singular the like as ample Rights, Jurisdictions Privileges Prerogatives, Royalties, Liberties, Immunities and Franchises of what kind soever, within the Territories Isles Islets and Limits aforesaid To Have, Hold, use and exercise and enjoy the same as amply and fully and in as ample a Manner as any Bishop of Durham, in the Kingdom of England ever theretofore had held used or enjoyed or of Right ought or could have, use or enjoy, and His said late Majesty did thereby for himself his Heirs and Successors make create constitute and appoint the said Edward Earl of Clarendon, COLONIAL RECORDS. 83 George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley Sir George Carteret, Sir John Colleton and Sir William Berkley their Heirs and Assigns the true and absolute Lords Proprietors of the said Province or Territory and of all other the Premisses saving always the Faith Allegiance and Sovereign Dominion to His said late Majesty His Heirs and Successors for the same: To Have, Hold, possess and enjoy the said Province Territory Islets and all and singular other the Premisses to them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assigne's for ever To be Holden of His said Majesty his Heirs and Successors as of the Manor of East Greenwich aforesaid in free and common Soccage and not in Capite or by Knight's service Yielding and Paying to His said Majesty Iis Heirs and Successors for the same the fourth part of all Gold and Silver Ore which within the Limits aforesaid should happen to be found. And His said late Majesty King Charles the second did by the said several Letters Patent or one of them grant to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret Sir John Colleton and Sir William Berkley their Ieirs and Assignes full and absolute Power to make and publish. Laws either appertaining to the publick state of the said Provinces or to the private Utility of particular Persons with the assent of the Freemen of the said Provinces or of their Delegates and for that Purpose to assemble them in such manner and form as to them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkeley their Heirs and Assignes should seem best and the same Laws duly to execute on all the people within the said Provinces and Limits thereof by Imposition of Penalties Imprisonment or any other punishment and if needful by taking away Members or Life either by them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven, John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assignes or by them or their Deputies Lieutenants Judges 84 COLONIAL RECORDS. Justices Magistrates or Officers whatsoever as well within the said Province as at Sea in such manner and form as unto the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley and their Heirs shall seem most convenient; Also to remit release pardon and abolish whether before Judgment or after, all Crimes and offences whatsoever against the said Laws and to do all and every other Thing and Things which unto the compleat establishment of Justice unto Courts Sessions and Forms of Judicature and Manner of proceedings therein do belong altho' in the said Letters Patents express mention is not made thereof and by Judges by him or them delegated to award Process hold Pleas and determine in all the said Courts and Places of Judicature, all Actions Suits and Causes whatsoever as well criminal as civil real mixed personal or of any other kind or nature whatsoever. And because such Assemblies of Freeholders could not be so conveniently called as there might be occasion to require the same His said Majesty did further grant to the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assignes by themselves or their Majestrates full power to make and ordain fit ordinances within the said Provinces as well for keeping the Peace as for the better Government of the People. And His said Majesty did further grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assignes full Power to make and erect within the said Provinces and the Isles and Islets aforesaid such Sea-Ports Harbours Creeks and with such Jurisdictions Privileges and Franchises to them belonging as to them shall seem convenient and to have and enjoy the customs and Subsidies therein payable for Goods and Merchandizes there laded to be reasonably assessed by themselves with the consent of the Free People there. And Further His said Majesty did grant to the said Edward Earl of Clarendon, George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and COLONIAL RECORDS. 85 Assigns full power to confer upon the Inhabitants of the said Province such Marks of Favour and Titles of Honour as they should think fit so as the Titles be not the same as are enjoyed by or conferred upon any of the subjects of England. And also power to raise and build Forts Castles, Cities Boroughs Towns Villages and other Fortifications and furnish the same with all Ordnance Powder Shot Armour and all other Weapons Ammunition Habilaments of War both Defensive and Offensive as shall be thought fit and convenient for the safety and welfare of the said Province and Places or any Part thereof and to dismantle and demolish the same and appoint Governors Deputy Governors Magistrates Sheriffs and other Officers Civil and Military and to the said Cities Boroughs Towns Villages or any other Place or Places within the said Province or Territory to grant Letters or Charters of Incorporation with all requisite and usual Liberties Franchises and Privileges and to appoint therein Fairs and Markets and to make and erect Manors and Courts-Baron and Courts-Leet for the Conservation of the Peace and better Government of the said Provinces And also full power to levy muster and train all sorts of Men of what condition and wheresoever born within the said Provinces and to make War by Land and Sea and to all and every thing which belongs to the office of a Captain General of an Army and to exercise Martial Law in as ample manner as any Captain General of an Army by virtue of his office might or has accustomed to use the same. And His said Majesty did further grant to the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Qolleton and Sir William Berkley their Heirs and Assigns full power from time to time for ever to assign alien grant or enfeoff the Premisses to such Persons as they should think fit To Iold in Fee simple or Fee Tail or for Term of Life or Lives or Years to be held of them and their Assignes by such Rents Services and Customs as shall seem fit to them and not of His said Majesty His Heirs and successors the Statute of Quia JEmnptores Terraeum or any other Statute Cause or Thing notwithstanding as in and by the said several recited Letters Patents. Relation being thereunto had, may appear. And Whereas the respective parts Shares Interests and Estates 86 COLONIAL RECORDS. of the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven, John Lord Berkley Anthony Lord Ashley Sir John Colleton and Sir William Berkley of and in the Provinces Territories Islets Hereditaments and Premisses in and by the said several recited Letters Patent, granted and comprized did come unto and vest in Henry Duke of Beaufort William late Lord Craven, James Bertie, Doddington Greville, Henry Bertic, Mary Dawson Elizabeth Moor, Sir John Colleton, Archibald IHutchinson, John Cotton and Joseph Blake or some or one of them and the Part Share Interest and Estate of the said Sir George Carteret of and in the same Premisses did come unto and vest in the said John Lord Carteret. And Whereas the said Henry now Duke of Beaufort William late Lord Craven James Bertie, Henry Bertie, Sir John Colleton and Archibald Hutchinson who was Trustee for the said John Cotton being six of the Lord Proprietors of the Provinces and Territories aforesaid did by their humble Petition to His Majesty in Council propose to surrender to Hiis majesty their several and respective Shares and Interests not only of the said Government Royalties and Franchises in and by the said Recited Letters Patents granted but also all the Right and Property they had in and to the Soil in the aforesaid Provinces or Territories under the said several recited Letters Patents or either of them and also to make an entire Surrender to His Majesty of their Right to all the Lands which they held under the Grants made by the said Lords Proprietors (except as therein is excepted) praying that in consideration of such surrender, his Majesty would be pleased to direct and cause to be paid to each of them the sum of 25001. a piece without any Deduction and Samuel Wragg of London Merchant, did on the Behalf and by the direction of the said Joseph Blake propose to surrender and convey to His Majesty Iis Heirs and Successors all Estate, Right and Interest of the said Joseph Blake in and to the Premisses upon payment of the like sum of 25001. to the said Joseph Blake without any Deduction. And Whereas the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Henry Bertie, Sir John Colleton and Archibald Hutchison who is a Trustee for the said John Cotton laid before a Committee of His Majesty's most Hon: Privy Council an Estimate of all the Arrears of Quit Rents and other Rents and Sum and Sums of money then due and owing COLONIAL RECORDS. 87 to them and the said Joseph Blake and the said John Lord Carteret which Estimate amounted to the Sum of 9500.1. and they the said Henry Lord Beaufort William Lord Craven James Bertie Henry Bertie Sir John Colleton and Archibald Hutchinson did likewise humbly propose and the said Samuel Wragg for and on the behalf of the said Joseph Blake did likewise propose that if His said Majesty would please to allow the sum of 50001. for the said arrears (over and above the said several Sums of 2500.1. to be paid to them respectively) they were willing to assign over to His Majesty their Right and Title to the said arrears and all other demands whatsoever which they had or could have upon the Farmers, Tenants or Inhabitants of the Provinces or Territories aforesaid or any of them and which said several Proposals His Majesty was pleased to accept and agree to. And Whereas by an Act of Parliament made in the second,year of His said present Majesty's Reign Entitled An Act for establishing an Agreement with seven of the Lords Proprietors of Carolina for the surrender of their Title and Interest in that Province to His Majesty reciting to the Effect herein before recited: It was enacted That all those seven undivided eighth parts (the Whole into eight equal parts or shares to be divided) and all other the part or share Parts or Shares, Interest and Estates of them the said Henry Duke of Beaufort,William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson and 'Elizabeth Moor Sir John Colleton, Archibald Hutchison as Trustee for the said John Cotton and Joseph Blake and each of them of and in the aforesaid Provinces or territories called Carolinas and all and singular the Royalties Franchises Lands Tenements Iereditaments and premisses in and by the said several recited Letters Patent or either of them granted or mentioned or intended to be granted by His said late Majesty King Charles the Second to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton deceas'd and Sir William Berkley their Heirs and Assignes aforesaid with their and every of their Rights Members and Appurtenances And also such Powers Liberties and Authorities Jurisdictions Preeminences Licences and Privileges as they the said Ienry Duke of Beaufort, William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson and Elizabeth 88 COLONIAL RECORDS. Moore the present Sir John Colleton the said Archibald Hutchinson as Trustee for the said John Cotton and Joseph Blake every or any of them could or might have hold use exercise or enjoy by virtue of or under the said recited Letters Patents or either of them (except as therein excepted) and the Reversions Remainders Rents Issues and Profits of the same Parts or Shares Baronies Lands Tenements Hereditaments and Premisses so as aforesaid proposed and agreed to be surrendered to his Majesty and of every part and parcel thereof should from and after the First Day of. June in the year of our Lord 1729. be vested and settled and the same were thereby vested and settled in and upon the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton and their Heirs to the use of them their Heirs and Assigns freed and discharged of and from all Estates Uses Trusts Entails Reversions Remainders Limitations Charges and Incumbrances whatsoever Nevertheless upon Trust to and to the Intent that they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton and the Survivors and Surviver of them and the Heirs of such Surviver upon payment by His Majesty I-is Heirs or Successors to the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton of the Sum of 17500.1. clear of all Deductions on or before the 29th' Day of September 1729. should by Deed indented and to be enrolled in His Majesty's High Court of Chancery surrender convey and assure to His Majesty His Heirs and successors all and singular the said seven Eighths Parts or Shares (the Whole into eight equal parts to be divided) and all other the Parts and Shares Interests and Estates of and in the said Provinces or Territories and all and singular the Premisses thereby vested in them and their Heirs aforesaid which said Sum of 17500.1. should be applied and disposed of in such manner as by the said Act is particularly directed. And it was by the said Act further enacted that from and after the payment of the said Sum of 5000.1. to the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton the Surviver or Survivers of them or the Executors or Administrators of such Surviver and after the Execution of the Grant and Assignment of the said Parts and Shares of the said Arrears by tlhe said Act directed to be made His Majesty might have rece4ve and enjoy the said seven Eighth Parts or Shares (the whole into eight cqual parts to be divided) and all and every other Parts and Shares of the said I~ COLONIAL RECORDS. 89 Arrears of Quit-Rents and other Rents and Sums of Money thereby vested in the said Edward Bertie, Samuel Horsey, Henry Smith and Alexins Clayton and should and might have use and pursue such and the like Remedies for Recovery thereof as the said Henry Duke of Beaufort,William Lord Craven, James Bertie, Henry Bertie, Mary Dawson, Doddington Greville, Sir John Colleton, Archibald Hutchinson John Cotton and Joseph Blake any or either of them might have had used or pursued if the said Act had not been made And in and by the said Act there is contained a reservation to the said John Lord Carteret His Heirs Executors and Administrators or Assignes of all such Estate Right Title Interest Property Claim and Demand whatsoever in unto or out of one Eighth part or share of the said Provinces or Territories with all and singular the Rights Members and Appurtenances thereof and of in and to one Eighth part or share of all Arrears of Quit-Rents and other Rents Sum and Sums of Money Debts Duties Accounts Reckonings Claims and Demands whatsoever now due and owing to the present Lords Proprietors of the said Provinces and Territories and all such other Rights Privileges and Powers whatsoever as the said John Lord Carteret his Iteirs Executors or Administrators then had or might have had or been entitled unto in case the said Act and the conveyances thereby directed to be made to His Majesty His Heirs or Successors or either of them had not been or should not be made as in and by the said Act of Parliament herein before recited, Relation being thereunto had, may amongst other things more fully appear. And Whereas by Indenture Tripartite bearing date the 25t" day of July in the year of our Lord 1729. and made or mentioned to be made between our said Sovereign Lord the King of the first part and the said Edward Bertie, Samuel Iorsey, Henry Smith and Alexius Clayton by the Names and Additions of Edward Bertie of Gray's-Inn in the County of Middlesex Esqre Samuel Horsey of Mortlake in the County of Surry Esq, Ienry Smith of Caversham in the County of Oxon Esqre, Alexius Clayton of the Middle-Temple London Esqre of the second Part and the most noble Henry Duke of Beaufort, the Honourable James Bertie of the Parish of St John the Evangelist in the Liberty of Westminster in the County of Middlesex Esq"r the Honourable Doddington Greville of Bulford in the County of Wilts Esqr, the said Doddington Greville and 90 COLONIAL RECORDS. James Bertie being the Devisees named in the last Will of the most noble Henry Duke of Beaufort deceas'd in Trust for the said Henry now Duke of Beaufort and for the Right Honourable Charles Noel Somerset Esqre commonly called Lord Charles Noel Somerset, his brother an Infant the Right Honourable William Lord Craven, Joseph Blake of the Province of South Carolina in America EsqrT, Archibald Hutchinson of the Middle-Temple London Esqre, John Cotton of the Middle-Temple London Esqre, Sir John Colleton of Exmouth in the County of Devon Bart: the Honourable Henry Bertie of Dorton in the County of Bucks Esqre' Mary Dawson of the Parish of St Andrew's Holbourn in the County of Middlesex Widow and Elizabeth Moor of London Widow of the third part reciting as therein is recited. It is witnessed That they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius,Clayton for the consideration therein pursuant to the Directions in the said recited Act of Parliament and the Trust thereby, in them reposed did bargain sell surrender and the said Henry Duke of Beaufort,William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton, Party thereto, Archibald Hutchinson John Cotton and Joseph Blake did ratify and confirm unto His said Majesty His Heirs and Successors the said seven undivided Eighth Parts (the whole into eight equal parts to be divided) and all other the Parts or shares Interests and Estates in and by the said recited Act of Parliament vested in them the said Edward Bertie Samuel IHorsey Henry Smith and Alexins Clayton (except as in the said Act is excepted) of and in the aforesaid Provinces or Territories called Carolina and of and in all and singular the Royalties, Franchises Lands Tenements Hereditarents and Premises in and by the said several recited Letters Patent or either of them granted, or mentioned to be granted with their and every of their Rights Members and Appurtenances and all the Estate Right Title Interest Trust Property Claim and Demand whatsoever of them the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton and of the said Duke of Beaufort, James Bertie, Doddington Greville, William Lord Craven Henry Bertie Mary Dawson, Elizabeth Moor, Sir John Colleton Party thereto, Archibald Hutchinson, John Cotton and Joseph Blake every or any of them of in and to the same To Hold the said seven undivided Eighth Parts (the whole into Eight equal COLONIAL RECORDS. 91 parts to be divided) and all other the Premises thereby bargained sold and surrendered with their and every of their Appurtenances (except as therein before excepted) unto the King's most Excellent Majesty His Heirs and Successors And it is by the said Indenture further witnessed That for the further consideration therein nmentioned they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton in Pursuance of the Trust in them reposed in and by the said recited Act of Parliament did grant bargain sell assign transfer and set over and the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton Party thereto, Archibald Hutchinson, John Cotton and Joseph Blake did ratify and confirm unto His said Majesty Iis Heirs and Successors the said seven Eighth Parts (the whole into eight equal Parts to be divided) of all and every the arrears of Quit-Rents Sum and Sums of Money, Debts Duties and demands whatsoever which at the time of making the said Act of Parliament were due and owing to the said Henry Duke of Beaufort or to the said James Bertie and Doddington Greville and to the said John Lord Carteret, William Lord Craven, Ienry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto, Archibald Hutchinson, John Cotton and Joseph Blake and all the Arrears Shares and Sums of Money and Premisses in and by the said recited Act vested or intended to be vested in them the said Archibald Bertie, Edward Bertie, Samuel I-Iorsey, Henry Smith and Alexius Clayton in Trust for the purposes aforesaid and all the Right Title Interest Trust Claim and Demand whatsoever of them the said Edward Bertie, Samuel Horsey I-Ienry Smith and Alexius Clayton and of them the said Henry Duke of Beaufort, James Bertie, Doddington Greville, William Lord Craven, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Cotton party thereto Archibald Hutchinson, John Cotton and Joseph Blake every or any of them of in and to the same To Hold Receive and enjoy the said Arrears Sums of Money and Premisses therein last before granted bargained sold and assigned unto His said Majesty his Heirs and Successors to and for his and their own Use and Benefit as in and by the said recited Indentures, Relation being thereunto had, may more fully appear. And Whereas the said John Lord Carteret by his humble petition to His Majesty in Council reciting the said several Letters 92 COLONIAL RECORDS. Patents and Act of Parliament herein before recited and that he is still entitled to one full undivided Eighth Part of the said Provinces and of all the Premisses granted by the said several Letters Patent and also of the arrears of Quit Rents and other Duties Reckonings Claims and Demands hath humbly prayed His Majesty that his said Eighth Part of the soil of the said Provinces and Territories might be set out and allotted to him in such part of the said Provinces and Territories as should be agreed on between such Persons as His Majesty shall be pleased to appoint for His Majesty and such persons as the said John Lord Carteret should name on his part To Have Hold and enjoy the same for ever hereafter in severalty to the said John Lord Carteret his Heirs and Assignes together with all and every the same Royalties Powers Liberties Franchises and Privileges (the Government thereof and of the said Provinces of Carolina only excepted) as far as concerns such Eigflth Part to be so allotted to the said John Lord Carteret, as he is intitled unto under the said Letters Patent and Act of Parliament in case such Division or Allottment was not or should not be made and under the like Quit-Rents proportionably as is mentioned in the said Letters Patent according to the Proportion or Eighth Part thereof and thereupon the said John Lord Carteret humbly offered and proposed to surrender to His Majesty his Heirs and Successors his Share and Interest of and in the Governmnent of the said Provinces or Territories and to convey release and confirm to his Majesty his Heirs and Successors the other seven Parts of the said Provinces. And Whereas his present Majesty was pleased to refer to said Petition to the Right Honourable the Privy Council for them to consider thereof and report the same with their opinions thereon to his Majesty in Council and which said Petition the said Lords of the Committee of his Majesty's most HIonourable Privy Council did refer to the Right Honourable the Lord Commnissioners for Trade and Plantations for them to examine the same and consider thereof and to report the same with their opinions thereupon to their Lordships. And Whereas the Lords Commissioners for Trade and Plantations having examined the said Petition and considered thereof did by their Report to the said Lords of the Committee of His Majesty's most Honourable Privy Council offer as their opinion That it would be for his Majesty's service that the said Lord COLONIAL RECORDS. 93 Carteret's Property should be separated from that of His Majesty wherein the said Said Lord Carteret should enjoy whatsoever he was entitled to by the Charters of Carolina and the aforesaid Act of Parliament and for the better preventing any difficulties that might attend the setting out an Eighth Part of the Soil of the said Province the said Lord Commissioner's conceived phe Method proposed by the said Lord Carteret would be the most effectual, which said Report the said Lords of the Committee of his Majesty's most Honourable Privy Council having taken into their Consideration did agree in opinion with the said Lord Commissioner's for Trade and Plantations. And Whereas the right honourable the Lords of the Committee of his Majesty's most Honourable Privy Council did on the 24th of August 1742. make their report thereupon to Iis Majesty reciting as herein last before is recited and that the said Lord Carteret's Property should be seperated from that of his Majesty and to that end the said Committee humbly proposed that the respective Governors of South and North Carolina or either of them as His Majesty should be pleased to direct be ordered to nominate and appoint proper persons as Commissioners on his Majesty's Behalf not exceeding Five who in conjunction with a like number of Persons to be appointed by the said Lord Carteret as Commissioners on his behalf should be empowered to set out and allott to the said Lord Carteret one full Eighth Part of the said Provinces of Carolina in such part or parts of the said Provinces and Territories as should be agreed upon by the Commissioners so to be appointed as aforesaid and that they should be required to make a Return of their Proceedings therein to his Majesty in Council within eighteen months after the date of his Majesty's Order to be made upon the said Report and also to lay before his Majesty a plan containing a full and exact description of the said Lands together with the respective Boundaries thereof in order to his Majesty's signifying his Royal Pleasure (in case his Majesty should approve thereof) for conveying the same to the said Lord Carteret in such manner as should be advised by his Majesty's Council learned in the Law Provided the said Lord Carteret should at the same time make a surrender to his Majesty of all his Pretentions to the Government of the said Provinces of Carolina and should convey release and confirm to his Majesty his Heirs and Successors the other seven 94 COLONIAL RECORDS. parts of the said Provinces And for the better Guidance of the Commissioners so to be appointed on his Majesty's behalf in the discharge of their Duty therein, the said Committee conceived that it might be advisable for his Majesty by his Order in Council to require the said Commissioners to follow and observe such directions and instructions as might be found necessary to be given from time to time either by I-Is Majesty or by those who act under his Majesty's Royal Authority and which said Report his said Majesty in Council was pleased to approve of. And Whereas his said Majesty by his Order in Council bearing date the 15t"' Day of September in the year of our Lord 1742. reciting as herein last above is recited and that his Majesty in Council was that day pleased to take the said Petition into his Royal Consideration together with the Opinion of a Committee of his Privy Council and of the Lords Commissioners for Trade and Plantations thereupon and was thereby pleased to order that the respective Governors of the Provinces of South and North Carolina or either of them as his Majesty should thereafter be pleased to direct should nominate and appoint proper persons to be Commissioners on his Majesty's Behalf not exceeding five who in conjunction with a like number of persons to be appointed by the said Lord Carteret as Commissioners on his behalf was thereby empowered to set out and allott to the said Lord Carteret one full Eighth part of the said Provinces of Carolina in such part or parts of the said Provinces and Territories as should be agreed upon by the Commissioners so to be appointed as aforesaid And that the said Commissioners should make a Return of their Proceedings herein to his Majesty in Council within eighteen months from the date of the said Order and that they should at the said time transmit to his Majesty a plan containing a full and exact description of the said Lands together with the respective boundaries thereof in order to his Majesty's signifying his Royal Pleasure (in case his Majesty should approve thereof) for conveying the same to the said Lord Carteret in such manner as shall be advised by his Majesty's Council learned in the Law, provided that the said Lord Carteret should at the same time make a surrender to his Majesty of all his Pretentions to the Government of the said Provinces of Carolina and should convey release and confirm to his Majesty- his Heirs and Successors the other seven parts of the said Provinces as by the said Petition and COLONIAL RECORDS. 95 Order Relation thereunto likewise being had, may more fully appear. And Whereas Commissioners were accordingly appointed on Behalf of His Majesty and of the said John Lord Carteret to set out and allott to the said John Lord Carteret one full eighth part of the said Provinces of Carolina who by their humble Report to his Majesty in Council bearing date the 6th day of December in the year of our Lord 1743. did certify that in pursuance of his Majesty's said Order in Council dated 15th day of September 1742. and of His iMajesty's Royal Instructions thereupon given the 25th day of April 1743. they did immediately proceed to set. out and allott to the said Lord Carteret one full Eighth part of the Provinces of Carolina in one entire separate District in the Province of North Carolina next adjoining and contiguous to the Province of Virginia which Eighth part is bounded to the North by the Line that divides Carolina from Virginia to the East by the great Western Ocean commonly so called and as far Southerly as a Cedar Stake set upon the Seaside to the Latitude of 35 Degrees and 34. Minutes of North Latitude being six Miles and a half to the Southward of Chickimacomack Inlet from that Stake by a West Line which passed 25. feet to the Southward of the house wherein Thomas Wallis liveth and so West as far as the Bounds of the Charter granted to the Lords Proprietors of Carolina by his Majesty King Charles the Second which West Line went 1660 Poles to the North of the South End of Bath Town and the said Commissioners did pursuant to the said Order in Council transmit to his Majesty a plan containing a full and exact description of the said one Eighth part of the said Provinces or Territories so set out and allotted to the said John Lord Carteret annexed to their said Report and all which Boundaries are mark'd out and ascertained by the said Plan a true and exact Copy whereof is stamped on the fourth Skin of these Presents which said Return of the said Commissioners his Majesty was pleased by his Order in Council bearing date the twenty first of March last to refer to the said Lords of the Committee of his most IHonourable Privy Council for them to consider thereof and report their opinion thereupon to his Majesty in Council. And Whereas the said Right Honourable the Lords of the Committee of his Majesty's most Honourable Privy Council for Plantation affairs did upon consideration thereof by their Report to his 96 COLONIAL RECORDS. Majesty in Council bearing date the last day of May last reciting such Orders, Reports and Proceedings upon the said Petition of the said Lord Carteret for his one Eighth Part of both the Provinces of Carolina and that thereupon it might be advisable for his Majesty to order his Attorney and Sollicitor General to prepare the necessary Instruments or Deeds conformable to what is contained in the aforementioned Reports of the 15th of September 1742. for conveying releasing and confirming the said Lands to the said Lord Carteret and his Heirs and likewise for the said Lord Carteret's surrendering up to his Majesty all his Pretentions to the Government of the said Provinces of Carolina and for conveying releasing and confirming to his Majesty his Heirs and Successors the other seven parts of the said Province. And Whereas on the said 9th of May last his Majesty in Council took the said Report last above mentioned into consideration and was pleased with the Advice of his Privy Council to approve thereof and also of the Return and Plan thereunto annexed and of the allotment of Land thereby made to the said Lord Carteret for his one Eighth Part of the Provinces of Carolina and his Majesty did thereby order that Mr Attorney and M'r Sollicitor General do prepare such Instruments or Deeds as are proposed by the said Report as by the said Orders and Reports relation being thereunto respectively had may more fully appear. Now This Indenture Witnesseth That for and in consideration of his Majesty's most gracious approbation of the said separating and setting out of the said one Eighth part of the said Provinces and Territories to the said Lord John Carteret as the same is separated set out and allotted to the said John Lord Carteret by the said Commissioners as aforesaid and in consideration of his Majesty's granting conveying and assuring unto the said John Lord Carteret the said one Eighth part of the said Provinces so divided set out and allotted to the said John Lord Carteret as aforesaid to be held in severalty by him the said John Lord Carteret his Heirs and Assignes for ever. And also for and in consideration of his said present Majesty's granting and assigning unto the said John Lord Carteret all and every the arrears of Quit-Rents and other Sum and Sums of Money Debts Duties Account Reckonings Claims and Demands whatsoever which are now due and owing to his said present Majesty and to COLONIAL RECORDS. 97 the said John Lord Carteret from the Farmers, Tenants and Inhabitants of the said one Eighth Part of the said Provinces or Territories so divided set out and allotted as aforesaid for the respective Lands and Tenements which are situate within and part4f the said one Eighth Part of the said Provinces or Territories so divided set out and allotted as aforesaid -le the said John Lord Carteret Hath granted bargain'd sold surrender'd released conveyed confirm'd and by these Presents Doth grant bargain sell surrender release convey and confirm unto his said Majesty his Heirs and Successors all the Estate Right Title and Interest of him the said John Lord Carteret of in and to the said seven Eighth Parts so separated and divided from the said one Eighth Part thereof and in the aforesaid Provinces or Territories called Carolina and of and in all and singular the Royalties Franchises Lands Tenements Hereditaments and Premisses in and by the said several recited Letters Patent or either of them granted or mentioned to be granted by his said late Majesty King Charles the Second to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton deceas'd and Sir William Berkley, his Heirs and Assignes as aforesaid with their and every of their Rights Members and Appurtenances And also all Powers, Liberties, Authorities, Jurisdictions, Preheminences, Licences and Privileges with their and every of their Appurtenances and of in and to the Reversion and Reversions, Remainder and Remainders, Yearly and other Rents, Issues and Profits of the same seven Eighth Parts and Shares, of, into, and out of the Premisses and every part or parcel thereof; and also all the Estate, Right, Title, Interest, Property, Claim and Demand of him the said John Lord Carteret, in and to the same every and any part and parcel thereof, To Have and To Hold all the Estate, Right, Title and Interest of him the said John Lord Carteret, of, in and to the said seven Eighth parts; and all other the Part, Shares, Royalties, Franchises, Lands, Tenements, Hereditaments and Premisses, hereby granted, bargain'd, sold, released, and surrender with their and every of their Appurtenances, unto the King's Most Excellent Majesty his Heirs and Successors, To the Use and Behoof of his said Majesty his Heirs and Successors for ever. And the said John, Lord Carteret for the considerations aforesaid, hath gi anted, surrender'd, released and confirmed, 7 98 COLONIAL RECORDS. and doth by these presents grant, surrender, release and confirm unto his said Majesty his Heirs and Successors, All his the said John Lord Carteret's Estate, Right, Title, Interest, Property, Claim and Demand of; in and to all and every or any the said powers of making Laws, calling or holding of Assemblies, erecting Courts of Justice, appointing Judges or Justices, pardoning Criminals of any nature, creating or granting Titles of H-onour, making ports or Havens, taking Customs or Duties on goods laden or unladen, making and erecting Counties, Forts, Castles, Cities, or furnishing them with Habiliments of War, incoporating Cities, Boroughs, Towns, Villages, or any other place or places; raising, employing or directing the Militia, making War, or executing Martial War, exercising any of the Royal Rights of a County palatine and of doing, using or exercising any other the Prerogatives, Preheminences, Rights, Jurisdictions and Authorities of, belonging, or relating to the Administration of the government of the said provinces or either of them, as well in the said one Eighth so separated as aforesaid as the said other seven Eighths, To have And to Hold all his the said John Lord Carteret's Estate, Right, Title, Interest, Claim and Demand of, in, and to all and singular the said Powers, Authorities, Jurisdictions, Prerogatives, Preheminences and government and all other the said premisses last mentioned to the King's Mlost Excellent Majesty, his Heirs and Successors. And This Indenture Further Witnesseth, That as well for the considerations aforesaid as for divers other good and valuable considerations to the said John Lord Carteret, he the said John Lord Carteret Hath granted, Bargained and sold, assigned and transferred and Set over and by these Presents Doth grant, Bargain and Sell, Assign, Transfer and set over his said Majesty, his Heirs and Successors, all the Right, Title, and Interest of him the said John Lord Cartet, of, in, and to all and every the Arrears of Quit Rents and other Sum and Sums of Money, which are at the Time of the Date of these Presents due and in Arrear to his Majesty, for all and every the Lands, Tenements, and Hereditaments included in the said seven Eighth Parts so divided from the said one Eighth allotted to the said John Lord Carteret, To Have, Iold, receive and Enjoy the same Arrears, Sums of Money, and Premisses herein last before granted, bargain'd and sold, and assigned unto his Majesty, his Heirs and Successors'to and for his and their own Use COLONIAL RECORDS. 99 and Benefit, And the said John Lord Carteret doth hereby for himself, his Heirs, Executors, and Administrators, covenant, promise, grant and agree to and with our said Sovereign Lord the King, his"Heirs a.d Successors, in Manner and form following; (that is to say) That our said Sovereign Lord the King, his Heirs and Successors shall and may forever hereafter peaceably and quietly have hold and Enjoy all the Estate, Right, Title and Interest of him the said John Lord Carteret, of, in, and to the said seven Eighth Parts of, and in the said Provinces or Territories, and of; and in all and singular the said Royalties, Powers, Franchises, Lands, Tenements, tHereditaments and Premisses in the said recited Act, mention'd to be then vested in the said I-Ienry Duke of Beaufort, James Bertie, Doddington Greville, William Lord Craven, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton, Archibald Hutchinson, John Cotton, Joseph Blake, or some or one of them with the appurtenances without any lawful Let, Suit, Trouble Denial, Disturbance or Interruption of, or by the said John Lord Carteret or of or by any other Person or Persons lawfully claiming or to claim any Estate, Right, Title, Trust or Interest, either in Law or Equity of, into or out of thb same Premisses, or any part thereof from, by or under or in Trust for the said John Lord Carteret, George Lord Carteret, deceas'd, Father of the said John Lord Carteret Party to these Presents, Sir Philip Carteret or the said Sir George Carteret, deceas'd, or any of them respectively and that free and clear of, from and against all and singular other Estates, Tithes, Troubles, Charges and Incumbrances whatsoever have made, done, committed, occasion'd or suffer'd by the said John Lord Carteret, George Lord Carteret deceas'd, Sir Philip Carteret deceas'd, or the said Sir George Carteret deceas'd, respectively or their respective Heirs or Assigns or by any other Person or Persons lawfully claiming or to claini, by, under, or in Trust for them respectively, or by, or with their or any of their Means, Consent, Act, Privity or Procurement except all such grants, Deeds, Instruments, and Conveyances under the common Seal of the said Lords Proprietors, Either in England or in the said Provinces made or executed at any Time before the First of January 1727, for the granting or conveying any Tracts of Lands, Tenements or Hereditaments within the said Provinces or either of them. And MIoreover, That the said John Lord Carteret, and his Heirs, and all and every; *., 100 COLONIAL RECORDS. other Person and Persons having or lawfully claiming, or which shall or may have or lawfully claim any Estate, Right, Title or Interest of him the said John Lord Carteret (except as therein excepted) of, in, or to the said seven Eighth -Parts of and in the said Provinces or Territories hereby or mentioned or intended to be hereby granted and surrender'd or any Part thereof, from, by, or under, or, in Trust for him or them shall and will from Time to Time or at any Time or Times hereafter, during the Space of seven years next ensuing the Date hereof upon due Notice and at the Costs and Charges in the Law of our said Sovereign Lord the King, His heirs or Successors, make, do, acknowledge, levy, suffer and execute and cause or procure to be made, done, acknowledged, levied, suffer'd or executed all and every such further and other lawful and reasonable Acts, Deeds and Things, Devises, Conveyances and Assurances in the Law whatsoever for the further, better, more perfect and absolute granting, conveying, surrendering and assuring the said seven Eighth Parts of and in the Provinces or Territories, hereby or mentioned or intended to be granted and surrended with their Rights; Members and Appurtenances unto our said Sovereign Lord the King, His Heirs and Successors, to his and their Use as by our Sovereign Lord the King, his Heirs or Successors or his or their Council learned in the Law, shall be reasonably advised or devised, or required so as such further Assurances contain in them no further, or other Warranty or Covenants against the Person or Persons, his or their Heirs who shall make the same and so as the Party or Parties who shall be requested to make such further Assurance or Assurances, be not compelled or compellable for making or doing thereof to go or travel further than the Cities of London and Westminster. And also that the said John Lord Carteret, his Ieirs,'Executors and Administrators, shall and will at any Time or times hereafter, within seven years from the Date hereof upon due Notice and at the Costs and Charges of our said Sovereign Lord the King, his Heirs or Successors do any further Act or Thing for the better enabling our said Sovereign Lord the King, His Heirs, Successors and Assigns to get in, recover and receive the said Arrears of Rent, Sum and Sums of Money, as by him or them or his or their Council, shall be reasonably advised or required, so as the said John Lord Carteret, his Heirs, Executors a.nd Administrators be saved harmless and indemnify'd of, and for ~.; e COLONIAL RECORDS. 101 all Costs, Charges, Damages, and Expences, for or in respect thereof. In Witness the said John Lord Carteret hath hereunto set his Hand and Seal the Day and year first above written. (P. R. O. PLANTATIONS GE'ENERAL. B. T.*VOL: 56. P. 130.) King's Warrant appointing Edward Moseley Esqre Chief Baron of North Carolina. 31st October 1744. GEORGE R. Trusty and welbeloved we greet you well. Whereas we have taken into our Royal consideration the integrity and ability of our trusty and welbeloved Edward Moseley Esqre we have thought fit hereby to authorize and require you forthwith to cause Letters Patents to be passed under our Seal of our Province of North Carolina for constituting and appointing him the said Edward Moseley our Chief Baron of our Court of Exchequer in our said Province in the room of W'n Smith Esqr deceased to have hold and enjoy the said office during our Pleasure and his Residence within our said Province together with all and singular the Rights Profits Privileges and Emoluments unto the said place belonging or appertaining. And for so doing this shall be your Warrant. And so we bid you farewell Given at our Court at St James's the 31st Day of October 1744. In the eighteenth year of our Reign. By his Majesty's command. HOLLES NEWCASTLE. To our Trusty and welbeloved Gab: Johnston Esqre our Cap: Gen' and Gov: in Chief of our Province of North Carolina in America and in his Absence to the Comd in Chief or to the President of our Counc' of our said Province for the time being. 102 COLONIAL RECORDS. 1745. [B. P. R. O. SOUTH CAROLINA B. T. VOL. 14. H. 75.] Henry MiacCulloh, commissioner to Thomas Hill, secretary to the Lords Commissioners of Trade etc 16th Janry 1744-5. SIR, I intended long before this to have Communicated my thoughts to you in retlation to the Act that was pass'd in 1743 in South Carolina, entitled an Act to remedy some defects in Htis Mbajesty's Rent roll etc. But I have not been able to procure a Copy of said Act 'till very lately. The reasons assigned for the passing of this Act are very specious, but when the Act is duly considered I apprehend it will appear that instead of improving the Revenue of the Quit rent it will in many respects be of great dis-service and open a door for new frauds to be practised on the Crown. The Planters in South Carolina have been for a considerable time pass'd very desirous of finding out a Method to dispose of such part of their lands as are of bad quality and after such sale to be discharged from the payment of Quit rents. Before my arrival in that Province they had an Opinion that by disposing of such Lands to Transient persons they would thereby be discharged from the Quit rents, But they have been lately better informed and want now to ease themselves by the sanction of Law. When the above mentioned law was brought into the House of Assembly the 6th Paragraph after the recital of His Majesty's 43d instruction run thus, viz; that there was not any effectual or proper conditions inserted in such grants to oblige the grantee to cultivate and improve the same. Contrary to His Majesty's most gracious Intentions and design in giving encouragement for increasing the settlement and strength of this Part of His Dominions and to the great disappointment and discouragement of such Poor Protestants and others who were willing to transport themselves and become inhabitants of this Province, And the Commons Iouse of Assembly further proposed that all those persons who had procured grants of the Township Lands contrary to the intention of His Majesty's Instructions should be obliged under the penalty of a considerable fine, to Set COLONIAL EECORDS. 103 tie and cultivate those lands at their own expence. But on the third reading the Council prevailed with the Assembly to assent to the Bill as it is now worded in the h1, 7th, 8th, and 9th paragraphs by which from the loose manner of wording the Bill, they have vested a power in the govr and Council to discharge all such as are inclinable to deliver up the Township grants from the Arrear of Quit rent and as several of the Members of the Council and their friends are the principal parties concerned in the Township lands they may have it in their power to continue the grants as long as they please in their possession and if they find the settlement does not take place so as to improve the value of their lands, they may surrender their grants at discretion. The abuses that have been heretofore committed in the Township Lands has been the ruin of the Province, And those concerned in them ought to meet with the most exemplary punishment. And I beg leave further to observe that the little regard that is paid to His Majesty's Instructions in most of His Majesty's Colony's on the continent of America renders them of little or no service to the Crown or to the Publick, And it is a reflexion of a meloncholy nature that all those wholesome guards and Provisions which the Crown has wisely Constituted are so evaded that the Governors and Councils may often commit acts of the greatest cruelty and oppression with impunity I am, Sir Your most obedient most humble servant HENRY MAcCULLOIH Cape Fear 16th Janry 1744. Revd Sept 2nd 1 Read Sept 19th f1745. F. 7.5. [B. P. R. O. SOUTH CAROLINA B. T. VOL. 14. H. 76. ] Henry MacCulloh to Thomas Hill Esqr 16t" Feb"y 1744-5 SIR, I have inclosed you a representation to the Right Honb'e the Lords Commissioners for Trade and Plantation, which I pray 104 COLONIAL RECORDS. favour you will lay before their Lordships. It is a great misfortune to me that I have not hitherto met with the least support from the Right Honorable the Lords of the Treasury and that the Right Honorable the Lords Commissioners for Trade and Plantation do not think proper to represent the several matters complain'd of to His Majesty. The nature and Duty of my office is such that it must naturally create me many enemies and the consequences has been such that when they found I was not the least supported they let loose their resentments upon me, And have not only insulted me in the grossest manner but have deprived me of all the means I had of supporting myself. I have been lately informed that Govr Johnston and Govr Glenn and several other gentlemen in the Provinces of North and South Carolina have industriously misrepresented my conduct. The nature of my Office is such that I can do no Act in relation to the same but what must be in writing, Therefore if those gentm have any thing to charge me with, it is their power to send home proper proofs under the Seal of the Provinces, And an Accusation without their taking this step, In my humble opinion implys fraud. I have acted with the greatest openess with the Govrs in every matter I have complain'd of. Before I transmitted my representations from South Carolina I laid them before the Govr and Council, That if the facts charged had not been true they might have taken an opportunity of disproving them, I have acted in like manner with Governor Johnston, but did not think it safe to lay the representation sent to him before the Council as there is a law in this 4Province that subjects any person to the Pillory who will openly sensure the conduct of the Gov' Council and Assembly. The security of His Majesty's subjects in America, depends wholly on a just Observation of His Majesty's Instructions, Therefore, if no notice is taken of so high a contempt of His Majesty's Commands. It is humbly apprehended that the treatment I have met with may be an inlet to many encroachments I am, Sir Your most obedient most humble servant HENRY MACCULLOH Cape Fear, 16th Feb'r 1744. COLONIAL RECORDS. 105 [B. P. R. O. SOUTH CAROLINA B. T. VOL. 14. H. 76.] To the Right Honorable the Lords Commissioners For Trade and Plantation The humble representation of Henry MacCulloh sheweth, That your Lordships memorialist humbly conceives it to be his Duty to submit to your Lordships consideration the several obstructions he has met with in regulating the Revenue of His Majesty's Quitrents. In the Province of North Carolina etc. And to explain himself on this head Iumbly begs leave to lay before your Lordships, A Brief State of Govr Johnston's proceedings in relation to the methods that have been observed by him, in the issuing of Warrants and grants etc. His Majesty by His 40th and 41st Instructions to the Govr was graciously pleased to prescribe the Rule and Method to be observed in the issuing of Warrants and grants for lands and limits the quantity to be granted, to 50 Acres to each person in the grantee's family, which was to be done by and with the advice and consent of His Majesty's Council in this Province, But the Govr finding that this restraint would be inconvenient to him and lessen the fees he exacted on the issuing of Warrants, took quite a different method, And without any regard had to IHis Majesty's Instructions, issued Warrants at pleasure, without obliging the parties to prove their rights and for the most part exacted fees from the Warrantee for his having given them Lands without rights, which was look'd upon by the Warrantee, as a kind of purchase and from that reason many of them have rested under their Warrants, for eight or nine years past, without taking out grants for their Lands. When Govr Johnston received His Majesty's instruction in 1740 (by which he was laid under a greater restraint in the manner of issuing of Warrants and grants) he thought proper to direct that all persons for the future, claiming Lands under His Majesty's Instructions should prove the number of persons in their family and that such proofs should be laid before the Council, but in Order to enlarge his fees and to evade the instructions he had received from the Crown, he did not oblige the petitioners to declare whether they had not formerly received Lands under the Crown by Virtue 106 COLONIAL RECORDS. of the very rights they then claimed under nor were they obliged to give any proof of their having settled, cultivated or paid Quitrents for the Lands that were formerly granted to them, and in many instances the Govr issued Warrants without the petitioners having proved their rights. Upon which I took leave to remonstrate to the Govr that if Iis Majesty's Instructions were not observed in the first instance that it could not be expected that the Officers or Tennants of the Crown would pay any regard to such directions as might be given to them in relation to the Revenue of the Quitrents, That the Inhabitants of this Province were very desirous to take up more Lands and that the only method to bring them to their duty and to recover the Records which from the forner method of issuing of grants were very defective was to prevent all persons from having more Lands, untill they could prove by the Recr Gen's receipts they had paid Quitrents for what they already held. If this method had been taken when I first arrived in this Province and that the Officer of the Crown had paid the least regard to the directions given them in pursuance of my instructions, it is more than probable that all disputes in relation to the Revenue would have been happily settled, But as the Govr and the other Officers of the Crown have acted in open contempt of His Majesty's Instructions; I have had the misfortune to meet with the greatest insults. The security of His Maajesty's subjects il America in relation to their Rights and properties, and the security of His Majesty's trading subjects from Great Briton to America depends wholly upon a just deservation of His Majesty's Instructions. That the Govr has not acted agreable to IHis Majesty's Instructions will I humbly conceive appear evident from the several Laws he has passed of a most extraordinary nature, without his first having incerted a suspending clause untill His Majesty's pleasure was known thereupon, namely the late Quitrent Law, which I humbly apprehend broke in upon the rights of the subject and limited the prerogative of the Crown to such a degree, that let the conduct of the Govr and Council be of ever so extraordinary nature, the subject could have no appeal to the Crown therefrom, And after the Govr had notice of the repeal of the said Law the 19t' of March 1740-1, the 4th of April following he passed an Act entitled An Act to inlarge the time of enrolling of Lands in the Auditor's COLONIAL RECORDS. 107 Office, andprovingy the quiet possession of Lands, for twenty years pass'd and upwards, This Act differs greatly from the title given to it and was passed only with a view to ascertain all grants that were entered in the Auditor's Office, in pursuance of the late Quitrent Law that was then repealed. In 1738 the Govr passed an Act by which all the Taxes arising by former Acts for sinking the Bills of Currency were applied to the use of himself the Council and Assembly, so that when the Bills expire the 25t' of March next there is not one farthing left for the sinking of them. By which the trading part of Great Briton to this Province may be greatly injured, There is also an Act passed in 1740 (which is usually termed the Aid Act) by which all persons that are sued in this Province, have it in their power upon executions being taken out against them to pay the sunm due in rated commodities, such as Rice, Beef, Pork, Tallow etc which makes it better for the Creditor to receive any composition the Debtor may think proper to offer him then to sue for the same, There are many other Laws of like nature in this Province which would be to tedious to mention. Your Lordships Memorialist prays leave further to represent that Eleazer Allen Esq r Recr Gen' of North Carolina has not 'till very lately deliver'd to the Deputy Auditor, any Accompts of the Receipt of His Majesty's Quitrents. That the Recr has omitted to give His Majesty Credit for the full amount of the Tobacco's, Beeswax etc received in Albemarle County in 1739 and pretends at present that there was a loss of near Four Hundred Pounds Sterling on the sale. of the said commodities altho' at the same time he made a private sale of said goods and refused to deliver in an Accompt in what manner the loss arose That the Recr has taken upon him to discharge His Majesty's Tennants on payment of Less Quitrents than what they are liable to by their grants. That the accompts lately exhibited are all together defective, the Recr not having deliver'd to the Deputy Auditor a specifick acconmpt of the receipt of Iis Majesty's Quitrents nor any Vouchers for the sums charged to the Debit of His Majesty's Accompt Current, and that it appears clearly from the accompt that he has charged several sums to the Auditor which have; not been paid by him That the Deputy Auditor applied to the Recr on this head 108 COLONIAL RECORDS. and asked him, how he could give the testimony of his Oath before the Govr that the accompts exhibited was a true charge and discharge of His Majesty's Quitrents, upon which the Reer told the Deputy Auditor that he mentioned it to the Govr that he had not paid part of the money charged to the Auditor General's Acct. The accompts are certified by the Govr in the usual form. If Mr Allen has sworn to the accompts in the manner they are certified, I apprehend he has sworn to an untruth, but if he did not swear to his Accompts in the manner the Govr has certified them, it is humbly submitted whether such a conduct is not very sensurable. That George Saxby Esqre Recr Gen' of His Majesty's Quitrents in South Carolina is fallen into a method of taking interest from such Planters, as are in large arrear of Quitrents And in other instances (to my knowledge) he takes advantage of the necessity of the Officers of the Crown and exacts considerable sums from them before he will agree to the payment of their salarys. That Mr Saxby has made several charges to the Debit of His Majesty's Accompt Current which is not allowed of on the Establishment. That Your Lordship's M/emorialist has often applied to Mr Saxby to have his Accompts laid before him and that he would make return of such Planters as are in arrear of Quitrents which Mr Saxby has often refused to comply with. Therefore your Lordship's Memorialist humbly prays that Your Lordships would be pleased to take the premisses into consideration and that Your Lordships in your great wisdom, would be pleased to determine whether from the nature and design of my Office, there is not much greater and stronger reasons for supporting of me in the execution of His Majesty's commands then there was at first for the appointment of an Officer for the Special uses set forth in my commission. I am with all submission may it please your Lordships Your Lordships most obedient and most humble servant HENRY MAcCULLOH. Cape Fear, 1Gth Febry 1744. LNOTE.-As the year then began on 25 Mar. of each year, 16 Feb. 1744 is 16 Feb. 1745 by our notation.-W. C.] COLONIAL RECORDS. 109 1746. (P. R. O. PLANTATIONS GENERAL. B. T. VOL: 56 P. 131.) King's Warrant appointing Thos Child Esqre Attorney General for North Carolina 28th February 1745-6. GEORGE R. Trusty and welbeloved we greet you well. Whereas we have taken into our Royal consideration the Loyalty Integrity and Ability of our trusty and welbeloved Thomas Child Esqre We have thought fit hereby to authorize and require you forthwith to cause Letters Patents to be passed under our seal of that our Province of North Carolina in America for constituting and appointing him the said Thomas Child our Attorney General of and in our said Province the said Office being vacant by the promotion of John Montgomery Esqr late Attorney General there deceased to the Office of Chief Justice in our said Province to have hold exercise and enjoy the said office of our Attorney General unto him the said Thos Child during our Pleasure and his residence within our said Province together with all and singular the Rights Salaries Fees Profits Privileges and Emoluments thereunto belonging or appertaining and for so doing this shall be your Warrant and so we bid you farewell. Given at our Court at St James's the 28th Day of Februry 1745-6. in the nineteenth year of our reign. To our Trusty and welbeloved Gabr' Johnston Esqre our Captain General &c: (P. R. O. PLANTATIONS GENERAL. B. T. VOL: 56. P. 133.) King's Warrant appointing Benjamin Wheatley Gent: Naval Officer of North Carolina 26th June 1746. GEORGE R. Our Will & Pleasure is that you prepare a Bill for our Royal Signature to pass our Great Seal containing our Grant to our 110 COLONIAL RECORDS. Trusty and welbeloved Benja: Wheatley Gent. of the Office or Place of Clerk of the Naval or Navy Office in our Province of North Carolina in America to have hold exercise and enjoy the same to him the said Benja: Wheatley by himself or his sufficient Deputy or Deputies for and during our Pleasure together with all and singular the Fees Rights Profits Privileges Perquisites and advantages to the said Office belonging or appertaining with a Priviso that nothing in the said Letters shall extend or be construed to extend to the Prejudice or disadvantage of the Office of our High Admiral of Great Britain or of our Admiralty of our foreign Plantations for the time being or any the Rights Privileges Jurisdictions Powers and Authorities to the same in anywise appertaining. And for so doing this shall be your Warrant. Given at our Court at Kensington the twenty six day of June 1746. in the twentieth year of our reign. By his Majesty's command HOLLES NEWCASTLE. 'To our Attorney or Solicitor General. 1748. [B. P. R. O. PLANTATIONS GENERAL B. T. VOL. 51. P. 281.] James Abercromby Esqre Agent. Oct. 1748 NORTH CAROLINA. An Act to appoint an Agent to solicit the affairs of this Province at the several Boards in England Whereas for want of an Agent appointed by Public Authority to solicit and truly represent the affairs of this Province at the several Boards in England they have often been misrepresented there to the great prejudice of the Inhabitants of the said Province Wherefore We pray that it may be Enacted. And it is hereby enacted by His Excellency the Govenor Council and General Assembly and the Authority of the same that James Abercrorby of London in the Kingdom of Great Britain Esqr' be and is hereby appointed Agent of the Province from the COLONIAL RECORDS. Ill ratification of this Act for and during the term of two years next after the twenty fifth day of March ensuing to solicit represent and transact all such publick Affairs and business now relating to the said Province or that shall or may be moved concerning the same at any of the Boards in England during the said term or time according as he shall from time to time find occasion or be directed and instructed by the Committee Aof Correspondence after appointed. And that the said James Abercromby Esqre in consideration of his trouble charges and expences in Transacting the Public Business of this Province as Agent to this time and untill the Twenty fifth-.day of March next Ensuing be and is hereby Allowed the sum of one hundred Pounds sterling to be paid immediately after the Ratification of this Act to the said Conmittee for the use of the said James Abercromnby Esqre out of the Publick Treasury by Warrant from His Excellency the Govenor which said sum shall by the said Committee be remitted to the said James Abercromby by the first opportunity and also the further sum of Fifty Pounds sterling yearly for the said two years next after the Ratification of this Act which said sum of Fifty Pounds shall be yearly paid out of the Publick Treasury to the said Committee for the use of the said James Abercromby by Warrant from his Excellency the Governor and be remitted by the said Committee to the said James Abercromby. And be it further enacted that the Honourable Robert Halton, and Eleazer Allen Esquires and Samuel Swan, John Swan and John Starkey Esquires and the Majority of them or the majority of the survivors of them be and they are hereby nominated and appointed a Committee of Correspondence from the Ratification of this Act and during the correspondence of the said Agency and shall from time to time during the said two years correspond with the said James Abercromby Esquire and advise direct and instruct him in all such matters relating to this Province as may be moved or solicited or that they may think proper at any time to move or solicit before Iis Majesty in Council or at any of the Boards in England. And the said Committee shall from time to time as often as required lay before the Governor or Council and General Assembly the advices they shall receive from the said Agent during the 112 COLONIAL RECORDS. said two years and also copies of such Dispatches Orders and Directions as they shall send to him And be it Enacted by the Authority aforesaid that this Act shallbe in force for and during the space iand term of two years next after the Twenty fifth day of March next and no longer (signed) GAB. JOHNSTON NATH. RICE Read three times and ratified in Open Assembly the day ot October Anno. Dom. 1748, (signed) SAM' SWAN, speaker These are to certify that the foregoing is a true copy of the Law passed last Sessions for appointing an Agent the day of October Anno Dom. 1748 (signed) ~ JNO. RICE Dep. Sec' 1749. (P. R. O. PLANTATIONS GENERAL B. T. VOL: 56. P. 135.) King's Warrant appointing Enoch Hall Esqre our Chief Justice of North Carolina 11h July 1749. GEORGE R. Trusty and welbeloved we greet you well. Whereas our trusty and welbeloved Enoch Hall Esqre our Chief Justice in our Province of North Carolina in America hath humbly prayed us to grant him our Royal Licence to be absent for the space of eighteen months from our said Province for recovery of his health We are graciously pleased to condescend to his request and accordingly do by these presents give and grant unto him the said Enoch Hall our full and free leave Licence and permission to be absent from our said Prov- / ince for and during the Term of eighteen months as aforesaid to be computed from the day of the date hereof And so we bid you fare COLONIAL RECORDS. 113 well. Given at our Court at Kensington the eleventh day of July 1749. in the twenty third year of our Reign. By his MIajesty's command BEDFORD To our Trusty and welbeloved Gabriel Johnston Esqre our Cap: Gen' & Govr in Chief of our Province of North Carolina in America and in his absence to our Coinmr in Chief or to the President of our Councl of our said Province for the time being. [B. T. R. O. S~ CAROLINA B. T. VOL: 15. I. 47.] Answers from James Glen Esquire Governor of South Carolina to the Queries fiom The Right Honourable the Lords Commissioners for Trade and Plantations. RePe Sepbr ye 13th 1749. With Govr Glen's Letter dated ye 19th July 1749. Ext'ract. MY LORDS *X- - * * * *-% * * — -X* His Majesty by his Instructions to me was graciously pleased for preventing disputes betwixt the Provinces of South and Nor'th Carolina to direct a line to be run thirty miles to the Southward of Cape Fear River parelel to and observing the Course of the River to its head for a Boundary on that part, these orders are so express and plain that one would imagine there could be no dispute but lawless People never want a Pretext not to do what they have no mind to; and I am sorry to say that numbers of such who are settled in those parts without legal Titles evade paying any Quit Rents to the Crown and shew little regard to either Government; When they are questioned by the Officers of this Province they pretend they belong to North Carolina whose Officers I suppose they rather silence than satisfie by a like answer. I say pretend because a little before my arrival here, a line was run or said to be run by persons who I am afraid did not rightly understand or at least did not duly execute his Majesty's Instructions Wherefore if the Governor of North Carolina were De Novo instructed upon that head agreeable to His Majesty's pleasure 8 114 COLONIAL RECORDS. expressed in the 36t' Article of my Instructions I make no question but His Majesty's gracious Intentions might yet be fulfilled. An Indian Nation called the Catawbas in amity with this Government distant about eighty miles North from Saxa Gotha one of our new Townships bounds us on that Quarter. On the Northwest we have the Cherokees our Allies whose nearest Towns are about three hundred miles from Charles Town tho indeed their hunting grounds stretched much nearer to us. 1752. [B. P. R. 0. PLANTATIONS GENERAL B. T. VOL 52. P. 1.] Warrant appointing James IIassel Esqr' to be a Councillor in North Carolina in the room of James Stallard Esqre. May 13th 1752. By their Excellencies the Lords Justices We being well satisfied of the Loyalty Integrity and Ability of James Hassel Esq r do hereby in His Majesty's Name direct and require you forthwith upon the Receipt hereof to swear and admit him the said James Iassel to be one of His Majesty's Council in His Majesty's Province of North Carolina in the room of James Stallard Esq whose name was inserted in His Majesty's Instructions to you but has never taken his seat in the said Council or appeared in the said Province and for so doing this shall be your Warrant Given at Whitehall the Day of in the twenty fifth year of His Majesty's Reign By their Excellencies Command To Gabriel Johnston Esq His Majesty's Governor of the Province of North Carolina in America, and in his absence to the Commander in Chief or to the President of His Majesty's Council of the said Province for the time beinge. COLONIAL RECORDS. 115 [B. P. R. O. PLANTATIONS GENERAL B. T. VOL. 52. P. 2.] Warrant appointing James Innes EsqrT to be a Councillor in North Carolina in the room of Richd Egans. 13. May 1752. By their Excellencies the Lords Justices We being well satisfied of the Loyalty Integrity and Ability of James Innes Esqre do hereby in His Majesty's name direct and require you forthwith upon the Receipt hereof to swear and admit him the said James Innes Esqre to be one of His Majesty's Council in His Majesty's Province of North Carolina in the room of Richard Egans Esqre whose name was inserted in His Majesty's Instructions to you but has never taken his seat in the said Council or appeared in the said Province. And for so doing this shall be your Warrant. Given at Whitehall the Day of in the twenty fifth year of His Majesty's Reign. By their Excellencies Command To Gabriel Johnston Esqre His Majesty's Governor of the Province of North Carolina in America, and in his absence to the Commander in Chief or to the President of His Majesty's Council for the time beinge. [B. P. R. 0. PLANTATIONS GENERAL B. T. VOL. 52. P. 3.] Warrant appointing John Rutherford Esqre a Councillor in North Carolina in the room of Robert Halton Esqre 13. May 1752. By their Excellencies the Lords Justices We being well satisfied of the Loyalty Integrity and Ability of John Rutherford Esq redo hereby in His Majesty's name direct and require you forthwith upon the Receipt hereof to swear and admit him the said John Rutherford to be one of his Majesty's Council in His Majesty's Province of North Carolina in the room of Robt Halton EsqTr deceased. And for so doing this shall be your warrant Given at Whitehall the Day of in the twenty fifth year of His Majesty's reign. [NoTE.-James Innes and Robert Halton had served as Captains in the Carthagena Exp., 1740. —W. C.] 116 COLONIAL RECORDS. By their Excellencies Command To Gabriel Johnston Esqre His Majesty's Governor of the Province of North Carolina in America, and in his absence to the Commander in Chief or to the President of His Majesty's Council of the said Province for the time beinge. A like Warrant was prepared for Francis Corbin in the room of Eleaz: Allen, and John Swan o Edwd Moseley John Dawson L,I Roger Moon James Craven E ua Cullen Pollock deceased. Lewis de Rosset Jr. J William Forbes [B. P. R. 0. PLANTATIONS GENERAL B. T. VOL. 52 P.1 Warrant appointing John Ricusset Esqre to be a Councillor in North Carolina. 13. May 1752. By their Excellencies the Lords Justices We being well satisfed of the Loyalty integrity and Ability of John Ricusset Esq do hereby in His Majesty's name direct and require you forthwith upon the Receipt hereof to swear and admit him the said John Iicusset to be one of His Majesty's Council in His Majesty's Province of North Carolina. And for so doing this shall be your warrant Given at Whitehall the Day of in the twenty fifth year of His Majesty's leign. By their Excellencies Command To Gabriel Johnston Esqre His Majesty's Governor of the Province of North Carolina. in America, and in his Absence to the Commander in Chief or to the President of His Majesty's Council of the said province for the time beings. [B. P. R. O. AM: & W. IND: VOL: 114.] At the Council Chamber Whitehall. the 28th day of May 1752. Present. Their Excellencys the Lords Justices in Council. Upon reading this day at the Board a Report from the Lords Commissioners for Trade and Plantatians together with Draughts COLONIAL RECORDS. 117 of Warrants prepared by them directing and requiring Gabriel Johnston Esq"r His Majesty's Governor of North Carolina to sweare and admit James Hassell, James Innes John Rutherford, Francis Corbin, John Swan, John Dawson, James Craven, Lewis De Rosset Junior and John Ricusset Esqre to be of His Majesty's Council in the said Province. Their Excellencys the Lords Justices this day took the said Report and Draughts of Warrants into consideration and were pleased with the advice of His Majesty's Privy Council to approve thereof and to order as it is hereby ordered that Claudius Amyand and Richard Potenger Esqre Secretary to the Lords Justices do lay the said Warrants (which are hereunto annexed) before their Excellencys for their signing.W. SHARPE. 1753. [B. P. R. O. AMr: & W. IND. VOL: 103.] At the Court at St James's the 7th day of February 1753. Present. The Kings most Excellent Majesty in Council. Upon reading this day at the Board a Representation from the Lords Commissioners for Trade and Plantations together with the Draught of a Commission prepared by the said Lords Commissioners for Arthur Dobbs Esq`r to be Captain General and Governor in Chief of His Majesty's Province of North Carolina and it appearing that the said Draught of Commission is drawn in the usual Form His Majesty was pleased with the advice of His Privy Council to approve thereof and to order as it is hereby ordered that the Right Honourable the Earl of Holdernesse One of His Majesty's Principal Secretarys of State do cause a Warrant to be prepared for His Majesty's Royal Signature in order to pass a Commission under the Great Seal of Great Britain agreeable to the said Draught which is hereto annexed. W. SHARPE. 118 COLONIAL RECORDS. 1754. [B. R. R. 0. PLANTATION GENERAL B. T. VOL. 51. P. 285.] NORTH CAROLINA D' SIR, I herewith send you a letter for Mr Dobbs if he is sailed I desire you will open it- for your Information our Assembly met at Wilmington the 19th of last month We have continued your appointment for three years and to the end of the next Session of Assembly and have taken care to secure the fund excuse hast and am with the greatest regard Dr Sir *s~~ ~Your most Obedt Servt (Signed) MATT ROWAN Rowan Capefear March 15th 1754. [B. P. R. O. Nor: Carolina B. T. Vol: 12. c. 33.] To the Right Honule the Lords Commissioner" for Trade and Plantations. The humble memorial of H. MlCulloh. Sheweth That as your Lordships have now under consideration the state of the Grant in which your Memorialist is concerned in N~ Carolina he most humbly prays leave to submit it to your Lordships whether it doth not in all respects appear reasonable and equitable and also for the service of the Crown to set off part of the ~6200. due to your Memorialist by warrant from the Crown in S~ Carolina in discharge of the Quit Rents of your Memorialist's Lands which will hereafter become due to the Crown in NO Carolina and also that in order to keep up the Record in said Colony such Persons as purchase Lands from him shall be at Liberty to attorn to the Crown for the payment of their respective Quit Rents in which case your Memorialist is to be exempt from any further demand in respect to the same. COLONIAL RECORDS. 119 Your Memorialist hath nothing more at heart than if possible to prevent all manner of disputes in relation to his said settlement. And therefore most humbly prays your Lordships to take the Premises into Consideration and as your Memoriolist hath ~1035. sterling the last payment of His Majesty's said Warrant unapplied that your Lordships will be pleased to recommend it to His Majesty to grant him the Liberty to set off said summ of ~1035. sterl: to the payment of such Quit Rents as may hereafter arise and become payable by him in No Carolina and that when his Tenants or such as have Mesne Conveyances under him hath attorned to the Crown the payment of their respective Quit Rents he shall be thereafter exempted from the payment of such part or proportion thereof. P9 ~ And your Memst as in Duty bound shall ever pray &c HENRY MCCULLOH. (Endorsed) Recd May 15th 1 5 Read May 24th [B. P. R. O. So. CAROLINA B. T. VOL. 27. P. 434.] May 28th 1754. To the Kings most Excellent Majesty. May it please your Majesty We have had under our Consideration a Memorial presented to us by Mr Henry MICulloh who under Grants from your Majesty is possessed of many large Tracts of Land within the Province of North Carolina setting forth that by virtue of your Majesty's Warrant on the Receiver of your Quit Rents in the Province of South Carolina the Sum of Six Thousand two hundred pounds are due to the Memorialist and his assigne on account of His Salary as late Comptroller of your Majesty's Quit Rents in the said Province that the Sum of one thousand thirty five pounds sterling part of the said six thousand two hundred remain unassigned and at the disposal of the Memorialist and therefore praying that he may have your Majesty's permission to set off the sum of one thousand thirty 120 COLONIAL RECORDS. five Pounds in discharge of such Quit Rents as may hereafter arise and become payable by him in North Carolina and that when his Tenants or such as have Mesne Conveyances under him have attorned to your Majesty for the payment of their respective Quit Rents he may be thereafter exempted from the payment of such part or proportion of them. As this request appears to us to be reasonable and such an Indulgence from your Majesty may enable the Petitioner to comply with the Terms of his Grants and to cultivate his Lands We humbly beg leave to lay before your Majesty the annexed Copy of the said Memorial and to submit to your Majesty to give such Directions upon it as to your Majesty shall seem most proper. Which is most humbly submitted DUNK. HALIFAX. T. GRENVILLE. T. PELHAM. R. EDGCOMBE. Whitehall May 28th 1754. [B. P. R. O. PLANTATIONS GENERAL. B. T. VOL: 52. P. 37.] Warrant appointing Henry M"Culloh Esqre to be Secretary and Clerk of the Crown in North Carolina. June 21. 1754. G. R. Trusty and Welbeloved, We greet you well. Whereas we have taken into our Royal consideration the Loyalty, Integrity and Ability of our Trusty and Welbeloved Henry M"Culloh Esqrc we have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under our Seal of that our Province of North Carolina for constituting and appointing him the said Henry MeCulloch Secretary and Clerk of the Crown of and in our said Province to have, hold, execute and enjoy the said Offices during our Pleasure and his residence within our said Province together with all and singular the Rights, Salaries and Fees, Profits, Privileges and emoluments therennto belonging or appertaining. And for so doing this shall be your COLONIAL RECORDS. 121 Warrant and so we bid you farewell. Given at our Court at Kensington the day of 1754 in the 28th year of our reign. By His Majesty's Command. To our Trusty and Welbeloved Arthur Dobbs Esqre our Captain General and Governour in Chief of our Province of North Carolina in America and in his absence to our Commander in Chief or to the President of our Council of our said Province for the time being. [B. P. R. O. Am: & W. Ind: Vol: 103. At the Court of Kensington. the 21st day of June 1754. Present. The King's most Excellent Majesty in Council. His Majesty having been pleased to approve of Henry MiCulloch Esqre to be Secretary and Clerk of the Crown in the Province of North Carolina in America. The Lords Commissioners for Trade and Plantations did this day lay before His Majesty at this Board (pursuant to His Majesty's order for that purpose) a Warrant to authorize and require the Governor and Commander in Chief of the said Province to cause letters patent to be passed under the seal of the said Province for constituting and appointing the said Henry MICulloch Esqr Secretary and Clerk of the Crown accordingly to hold and execute the said Offices during his Majesty's Pleasure and the Residence of the said M1r I'iCOulloch within the said Province-and His Majesty in Council having been pleased to approve of the said Warrant doth hereby order that the Right Honorable Sir Thomas Robinson one of HisMajesty's principal Secretarys of State do lay the said Warrant (which is hereunto annexed) before His Majesty for His Royal Signature. W. SHARPE. 122 COLONIAL RECORDS. [FROM THE DINWIDDIE PAPERS VOL. 1ST PAGE 331.] Governor Dinwiddie to Earl Granville. Sept'r 23rd (1754). R't Hon: My last Let'r I troubled Y'r L'ds. (with) was the 15th Ulto, to w'ch I beg (you) to be refer'd. The No. Car. Regmi't y't was raised for our Assistance on this Expedit'n to the No: of 400, deserted and disbanded themselves before they reached the Place of Act'n; they raised in that Colony 12,000 ~ towards their Pay and Maintenance. The Presid't fixed the Pay of the private Men at 3s Proclamation Mo(ney) per Day, a monstrous Error, and more so, as I wrote him the Establishin't of the Pay of our Forces was 8d per Day. The Soldiers were so elated with their high Pay, that they made slow Marches, and before (reaching) the other Forces, the 12,000 ~ was near all expended, and they w'd not serve unless they had security for the above Pay, w'ch c'd not be done, as all the other Soldiers were at 8d per Day. This unexpected Desert'n of so many Men has entirely put an End to the Operat's I had intended this Fall. [FROM THE DINWIDDIE PAPERS VOL. 1ST PAGE 322 & 323.] Governor Dinwiddic to Secretary Robinson. Sept'r 23 (1754) per Capt. Whitwell. R't Hon: My last Let'r to You was the 15th ulto., w'n I wrote You our Forces at Will's Creek were about 900 Men: y't they had my Orders to march over the All'y M)ount's, and if possible, to dislodge the French from the Fort they took from us last May (sic); if they found y't impractible, to call a Council of War, and choose a proper place for erecting a Fort, and place therein a proper No. of Mien to defend the same, and to be ready for Act'n in the Spring. To my great Surprize, the Week following, I had Acc't y't all the Forces raised in No Carolina had disbanded themselves and marched home; the conduct'g of the Supply from y't Colony is with't Preced't. They raised 12,000 ~. I wrote the President the i COLONIAL RECORDS. 123 Establishm't of the Pay of the regim't raised here: the Private M3en at 8d. Per Day, and the officers, viz't: Colo., 15s., Lieut Colo., 12s. 6d.; Maj'r, 10s.; Capts., 8s.; Lieuts., 4s.; Ensigns, 3s.; Serg'ts, Is. 6d.; Corporals and Drum's, Is. Without Due Notice thereof; he gave the private Men, 3s. per Day; and the officers near the same, as in the reg't raised here. The Dillatoriness of their Forces marching, with the excessive high Pay to the Private Men, exhausted the 12,000 ~, before they had properly jointed the other Forces, and without Assurances of the Continuance of s'd Pay, they w'd serve no longer, w'ch by no means c'd be complied with, as the other Men had only 8d. Per Day; at y't Pay they w'd not serve, so deserted in large Parties. This unforseen Affair put an end to my Scheme to march'g over the Allegany Mount's as there did not remain above 480 Men. The French is th't to have near 1,500 Mlen. 1755. [FROM THE DINWIDDIE PAPERS VOL 1. PAGE 512.] Governor Dinwiddie to Lord Halifax. Feb'y 24th, 1755. R'T HON'BLE: I have the Hon'r of Y'r Letter of the 26th Nov'r by Gen'l Braddock, this Day Y'r L'd's. of the 19th Dec'r, both w'ch I have very seriously read and considered. His M'y's great care of his Colonies on y's Cont't are of so remarkable and distinguish'd paternal Affect'n, y't it ought to rouse the most obstinate People to a dutiful Compliance with his direct's and Orders for a mutual Supply. But my Heart is grieved, and I want Words to express the obdurate and inconsist't Behavior of our Neighbor'g Colonies, not as yet awaken'd from y'r Lethargy, No. Car. only excepted, who have voted (~) 5,000 for the Expedit'n. M'yl'd Assembly now sitting. Pennsylva'a Assembly adjourn'd with't vot'g one Farth'g, and by pretence of a Misunderstanding between the Gov'r and them, they reject the royal Instruct's, and I fear are not well inclined to their own preservat'n, for no small Punctilios sh'd preside w'n so imminent Danger appears. 124 COLONIAL RECORDS., [ B. P. R. O. PLANTATIONS GENERAL. B. T. VOL: 52. P. 64.] Warrant appointing Peter Henley Esqre to be Chief Justice of North Carolina. May 13. 1755. By the Lord Justices. This Warrant is not entered. [B. P. R. 0. AM: & W. IND. VOL: 104.] At the Council Chamber Whitehall. the 13th day of May 1755. Present The Lords Justices in Council. Whereas the Lords Commissioners for Trade and Plantations have this day laid before the Lords Justices at this Board (pursuant to their Excellencys Order for that purpose) a Warrant to authorize and require the Governor and Commander in Chief of the Province of North Carolina in America to cause Letters Patent to be passed under the Great Seal of the said Province for constituting and appointing Peter Henley Esqre Chief Justice of that Province in the room of Enoch Hall Esqre deceased to hold and execute the said Office during His Majesty's Pleasure, and the residence of the said Peter Henley within the said Province-And the Lords Justices in Council having been pleased to approve of the said Warrant (which is hereunto annexed) do hereby order that Claudius Amyand and James Rivers Itsq`r Secretary to the Lords Justices do lay the said Warrant before them for their signingW. SHARPE. [B. P. R. O. AM: & W. IND: VOL: 104.] At the Council Chamber Whitehall the 24th day of June 1755. Present. The Lords Justices in Council. Upon reading at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs COLONIAL RECORDS. 125 dated the 12th of this Instant humbly offering to the Lords Justices for their approbation a Draught of an additional Instruction prepared by the Lords Commissioners for Trade and Plantations for Arthur Dobbs Esqrc Governor of His Majestys Province of North Carolina empowering him to give his assent to any Act or Acts for re-establishing the several Towns and Countys heretofore erected by the Laws which have been repealed by His Majesty's Order in Council of the 8t" of April 1754. Provided such new Acts do not give Power to such Towns or Countys to send Representatives to the Assembly nor ascertain the number of Representatives to be sent And provided also that any other Laws which may have been passed in the said Province since the date of His Majesty's aforesaid Order in Council which might not at that time be laid before His Majesty by which any Townships or Countys may have been erected and empowered to send Representatives to the Assembly be repealed and other Laws passed for the said purposes not liable to that objection The Lords Justices this day took the said Report and Draught of Additional Instruction into their consideration and were pleased with the advice of His Majesty's Privy Council to approve of the said Draught of Additional Instruction (which is hereunto annexed) and to order as it is hereby ordered That Claudius Amyand and James Rivers Esqr8 Secretary to the Lords Justices do lay the same before them for their Signature. W. SHARPE. 1756. [B. P. R. O. PLANTATIONS GENERAL. B. T. VOL: 52. P. 82.] Warrant appointing Edward Brice Dobbs EsqT0 to be a Councillor in North Carolina. Febry 5th 1856. G.R. Trusty and Welbeloved, we greet you well. We being well satisfied of the Loyalty Integrity and Ability of our Trusty and Wellbeloved Edward Brice Dobbs Esqro have thought fit hereby to signify to you and Will and Pleasure that forthwith upon the Receipt of these Presents you swear and admit him the said 126 COLONIAL RECORDS. Edward Brice Dobbs to be of our Council in our Province of North Carolina in America in the room of James Craven Esquiredeceased and for so doing this shall be your Warrant and so we bid you farewell. Given at our Court at St James's the day of 1756 in the 29th year of out Reign. By His Majesty's Command. To our Trusty and Welbeloved Arthur Dobbs Esqr' our Captain General and Commander in Chief in and over our Province of North Carolina in America or in his absence to the Commander in Chief or President of our Council of our said Province for the time being. 1757. [B. P. R. O. PLANTATIONS GENERAL. B. T. VOL: 52. P. 94.] Warrant appointing Richard Spaight Esqre to be a Councillor in North Carolina Feb'r 4t" 1757. G. R. Trusty and Wellbeloved we greet you well. We being well satisfied of the Loyalty Integrity and Ability of our Trusty and Wellbeloved Richard Spaight Esquire, have thought fit hereby to signify to you our Will and Pleasure that forthwith upon the Receipt of these Presents you swear and admit him the said Richard Spaight to be of our Council in our Province of North Carolina in America in the room of Henry M"Culloch Esqre deceased. And for so doing this shall be your Warrant And so we bid you farewell. Given at our Court at St James's the 14th day of February 1757. in the thirtieth year of our Reign. By His Majesty's command. To our Trusty and Wellbeloved Arthur Dobbs Esqre our Captain General and Governour in Chief of our Province of North Carolina in America, or in his absence to the President of our Council and Commander in Chief of our said Province for the time being. COLONIAL RECORDS. 127 [B. P. R. O. AM: & W. IND: VOL: 104.] At the Court at St James's the 4t" day of February' 1757. Present The King's most.Excellent Majesty in Council. Whereas the Lords Commissioners for Trade and Plantations have this day laid before His Majesty at this Board (pursuant to His Majesty's Order for that purpose) a Warrant directing and requiring Arthur Dobbs Esqre His Majesty's Governor in Chief of the Province of North Carolina in America to swear and admit Richard Spaight Esqre to be of His Majesty's Council in the said Province in the room of Henry McCulloh Esqrc deceased-And His Majesty in Council having been pleased to approve of the said Warrant (which is hereunto annexed) Doth hereby order that the Right Honourable William Pitt Esqro one of His Majesty's principle Secretary's of State do lay the same before His Majesty for His Royal Signature. W. SHARPE. [B. P. R. 0. So: CAROLINA. B. T. VOL: 18. K. 169.]. Report of both Houses of Assembly concerning the Pretentions of this Province (vizt South Carolina) with respect to a Boundary Line between it & North Carolina. Without Date. Rec' with Govr Lyttelton's Letter dated the 24t' May 1757. Cape Fear River was the Ancient Boundary between South & North Carolina. That River divides these Provinces nearly in a North West direction Bounding North Carolina to the South West & South Carolina to the North east. Hence it is that as the former Province was long since distinguished by the name of North east so the latter was known by the appellation of South west and hence also it is that the Authority of Government and exercise of Jurisdiction were respectively limited in each of these Provinces by Cape Fear River and so remained during the Proprietorship of South Carolina some years after his Majesty was graciously pleased to take the Inhabitants of this Province under his more immediate Protection it happened that sundry Persons who were settled near 128 COLONIAL RECORDS. Charles Town removed from thence with their Families and Slaves and sat down upon the South Banks of Cape Fear River near the sea. They built a Town and gave it the name of Brunswick; There tho' those so New settlers were within the Legal Jurisdiction of the Courts of this Province yet practicably they were beyond the reach of Process and tho' Taxable for the support of this Government yet by reason of their great distance from the seat of Government no Taxes could be levied The Inhabitants of this Province were then few in number. Their Settlements Northward from Charles Town extended very little further than Santee River-Alnd they not being very Opulent the expences of Government which were greatly enhanced by their vicinity to Numerous Tribes of Indians became a very heavy burthen upon them while the Inhabitants of the North east parts felt little or no weight of annual Taxes- The People of Brunswick therefore became desirous to be legally as well as practicably freed from sharing this burthen with their Brethren and moved by their own private Interest, chosed rather to be deemed Inhabitants of North Carolina and if possible to be included within the Limits of that Province The Brunswick Settlement encreased aud by reason of its contiguity to North Carolina and distances from Charles Town it became expedient nay for many other reasons necessary to annex it to North Carolina; And therefore in 1730 when his MIajesty was graciously pleased to take into his Royal consideration the establishment of a Boundary Line between the two Provinces the Royal Will was in that respect so adapted to the Local circumstances of the People of Brunswick as to include them within the Bounds of North Carolina yet in such an equal manner as to limit this Province in its ancient natural Boundary to no more than Thirty Miles southerly distance from the whole course of Cape Feai River from the sea upward to its main source or head. This appears by His Majesty's Instruction to Robert Johnson Esqre then Governor of South Carolina and to George Burrington Esqre then Governour of North Carolina which is in the words following "And in order to prevent any disputes that may arise about the Northern Boundary of our Province under your Government we are graciously pleased to signify our Will and Pleasure that a Line should be run by the Commissioners appointed by each Province beginning at the sea Thirty miles distant from the North COLONIAL RECORDS. 129 of Cape Fear River on the South west part thereof keeping the same distance from the said River as the Course thereof runs to the main source or head thereof. And from thence the said Boundary Line shall be continued due west as far as the south seas But if Waccamaw River lies within Thirty miles of Cape Fear River then that River to be the Boundary from the sea to the Head thereof And from thence to keep the distance of Thirty Miles parralel from Cape Fear River to the Head thereof and from thence a due West Course to the South Seas." This His Majesty's Instruction remained unexecuted nor was any steps taken by either of the two Governments in pursuance thereof until the year 1734. and then during the Government of Gabriel Johnston Esqre Commissioners were mutually appointed by both Provinces in order to run a Line of Division according to the said Instruction. As His Majesty had not been pleased to direct a Boundary to be fixed by taking the Latitude of different places at the extremitys of the intended Line But that a Line should be run paralel to the Course of Cape Fear River at the distance of Thirty Miles to the South west thereof. It was expected that the said Commissioners would have made an actual survey of the said River in order from thence to ascertain a Boundary Line agreeable to the said Instruction But upon the most diligent search into our Records and Journals of that time no such survey can be found. It appears indeed from the Council Journals that for settling the said Boundary certain preliminary Articles were stipulated between the No & South Carolina Commissioners But it is equally manifest that the mode of division pointed out by these Articles was neither warranted by His Miajesty's said Instruction nor countenanced by any Act of the Legislature of this Province And consequently had any survey been made in virtue of such Articles the same would have been void and ineffectual as done without authority But we have good reason to believe and with Truth we can affirm that no Line or Boundary between North and South Carolina has ever hitherto been run in exact conformity to His Majesty's said InstructionWe beg leave to observe that if the said Instruction is still to be kept in view and is now to be regarded as a direction in ascertaining a dividing Line between the two Provinces All reasoning in support of our pretentious to an extensive North Boundary and upon the equality of a dividing Line must in our apprehension be 9 130 COLONIAL RECORDS. inconclusive until a survey be made and taken of the real cours of Cape Fear River up from its entrance at sea to its main source or head and the exact Parallel of Latitude thereof be taken But in case His Mlajesty shall in His Royal Will be pleased to settle the said Boundary without such a survey as is proposed or shall think proper to issue any new Instruction to that end It is incumbent on us even now to offer to His Majesty such general reasons & considerations as may tend to procure such an allotment of Territory to this Province as may be most condusive to His Majesty's Interest in these Parts and to the Welfare of His Mtajesty's subjects whether residing in this or that Province. 1. And in the first place we beg leave to observe that the Southern parts of this Province are very greatly retrenched by GeorgiaThe distance between Cape Fear River and Savannah River by the Coast is indeed considerable. Charles Town Bar is not less than Seventy Miles from the Mouth of Savannah River which gives to this Province a considerable Eastern Front But as Savannah River from the sea upwards extends itself North westerly and inclines still more and more Northerly as it approaches the Mountains And as that River divides Georgia from South Carolina we humbly conceive a strong reason arises for enlarging the North boundary of this Province. 2" Unless the North Boundary of this Province shall in His Majesty's good pleasure be largely extended this His Majesty's flourishing Province will very probably be checked in its growth. A lirnitted North Boundary Intersecting Savannah River will form this Province into a triangle and reduce its Western Frontier. Hereby the most fertile and best Body of Lands will be loppt off and the Inhabitants of the upper parts of Pedee and Santee Rivers who are the strength of this Province will be sequested from us. 3d We humbly conceive it to be for His Majesty's Interest that a West Front in some good measure suited to the East Front of this Province be allotted. As the Lands near the Coast in this Province are in general of a barren and sandy nature and far less fertile and valuable for corn and indigo than those lands which lye remote from the sea. It is of the highest consequence so to proportion and accommodate the good lands to the bad as not only to preserve but invite inhabitants. Such a boundary therefore as will favour this equality of Distribution is the most likely to support COLONIAL RECORDS. 131 and bear up this province in its present vigour and to save it from that decay into which it must hereafter fall by a loss of Inhabitants and a want of fit soil for Cultivation. 4th As Pedee and Santee Rivers run thro' the very center of this Province the Inhabitants and Proprietors of Lands upon the upper parts of these rivers are naturally connected with those upon the coast They have easy and convenient navigation for small boats to George Town and Land carriage to Charles Town and there they find a ready market for their Commodities and supply of Merehandize- Is it not reasonable therefore to include them within the limits and Jurisdiction of South Carolina. 5th As Georgia yet remains in a weak and Infant state this Irovince is in reallity the South Frontier of His' Majesty's North American Dominions. North Carolina is much more populous with Freemen than South Carolina but this Province far exceeds that in the Number of Slaves-The greatest disproportion there is between our White Men and Negroes renders us less formidable to a Forreign Enemy. In case Georgia or any of the Southern parts of this Province shall happen to be invaded then an exertion of our whole strength from every quarter will be absolutely necessary at once to oppose the invader and preserve our Slaves from a revolt. This double task cannot be undertaken with a prospect of success without the ready aid of those Inhabitants who are settled upon the upper parts of our several Rivers and their branches nor can this aid be procured in such an exigency unless these Inhabitants are subject to the immediate authority of this Government and within the Influence of our Militia Laws. 6t' The expenses of Government have at all times been much higher here than in N~ Carolina. Our Taxes have heretofore been enlarged not only by means of common and ordinary Provincial charges but by reason of our attachment to the Colony of Georgia whose Interest has ever been the object of our attention and also by reason of our connection with all the surrounding Tribes of Indians particularly the Creeks, Chickesaws, Cherrockees and Catawbaws. 2d It is true that His Majesty has been graciously pleased of His Royal Bounty to lessen our Indian Expences for Presents (which with gratitude we acknowledge) yet still do they compose a large Article in our annual Estimates. We raise themn with chearfulness 132 COLONIAL RECORDS. and it is with real pleasure we can say that within these few years In obedience to His Majesty's command upon the earnest request of the Cherockee Indians and at the expence of~6000 sterling and upwards we have compleated Fort Prince Geo: at Keowee in the Lower, and Fort Loudoun at Tennessee in the upper, Cherrockee country These considerations while they furnish us with a claim to the contribution of our numerous back Settlers in aid of taxes as also they in some degree point the expediency of granting to this Province such a North Boundary as will include within it those parts of the Cherrockee Country where the said Forts are erected. 7th These different Tribes of Indians have always used this Government as the medium between His Majesty and them. There they offer their comnplaints renew Treatys give Intelligence & negociate all that concerns them. By long usages we have become thoroughly informed of their various policy their connections, inclinations, and dependancy and are acquainted with most of their affairs whether Forreign or domestick. It may prove a dangerous experiment to divert this long established communication between them and us into a different channel by throwing their Lands and Forts within the bounds of another Government especially in a juncture so critical as the present when the French are practicing every art in their power to seduce them from our Interest. We are hopeful that the Peace and Union which we have maintained and preserved with these expensive yet important allies for these forty years past and upwards and which still continues even in these times of danger will not only hold the conduct of this Government in that respect approved to His Majesty but will have a proper weight in determining the Limits and extent of South Carolina. 1758. [B. P. R. O. AM. & W. IND. VOL: 104] At the Court at Kensington the 6th day of November 1758. Present The King's most Excellent Majesty in Council. Whereas the Lords Commissioners for Trade and Plantations have this day laid before His Majesty at this Board (pursuant to COLONIAL RECORDS. 133 His Majesty's Order for that purpose) a Warrant to authorize and require the Governor or Commander in Chief of His Majesty's Province of North Carolina in America to cause Letters Patent to be passed under the Seal of the said Province for constituting and appointing Charles Berry Esqre to be Chief Justice of that Province in the room of Peter Henley EsqrT deceased to hold and execute the said Office during His Majesty Pleasure, and the Residence of the said Charles Berry within the said Province-And His Majesty in Council having been pleased to approve of the said Warrant (which is hereunto annexed). Doth hereby Order that the Right Honourable William Pitt EsqrT One of His Majesty's Principal Secretarys of State do lay the same before His Majesty for His Royal Signature. — W. BLAIR. [B. P. R. O. PLANTATIONS GENERAL. B. T. VOL: 52. P. 139.] Warrant appointing Charles Berry Esqre Chief Justice of North Carolina. Novber' 7th 1758. G. R. Trusty and Wellbeloved we greet you well. Whereas we have taken into our Royal consideration the Loyalty Integrity and Ability of our Triisty and Wellbeloved Charles Berry Esqrc we have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under the seal of our Province of North Carolina constituting and appointing him the said Charles Berry our Chief Justice of and in our said Province in the room of Peter Henley Esqre deceased, to have, hold execute and enjoy the said office unto him the said Charles Berry for and during our Pleasure and his Residence within our said Province together with all and singular the Rights Profits Privileges and Emoluments unto the said Place belonging in as full and ample manner as the said 'Peter Henley or any other person hath formerly held and enjoyed or of Right ought to have held and enjoyed the same with full Power and Authority to hold the Spreme Courts of Judicature at such Places and Times as the same may and ought to be held within our said Province and for so doing 134 COLONIAL RECORDS. this shall be your Warrant and so we bid you farewell Given at our Court at St James's the 27th day of Novber 1758. in the 32. year of our Reign. By His Majesty's command. To our Trusty and Wellbeloved Arthur Dobbs EsqrT our Captain General and Govr in Chief in and over our Province of North Carolina in America or in his Absence to the President of our Council or Commander in Chief of our said Province for the time being. 1759. [B. P. R. 0. PLANTATIONS GENERAL. B. T. VOL: 52. P. 162.] Warrant appointing Benjamin Turner Naval Officer of North Carolina. Miay 22nd 1759. G. R. Trusty and Wellbeloved We greet you well. Whereas we are well satisfied of the Loyalty Integrity and Ability of our Trusty and Wellbeloved MIr Benjamin Turner We have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under our Seal of our Province of North Carolina for constituting and appointing him the said Benjamin Turner Clerk of the Naval or Navy Office in our said Province in the room of Benjamin Wheatly Esqre deceased to have hold exercise and enjoy the same to him the said Benjamin Turner by himself or his sufficient Deputy or Deputies during our Pleasure together with all and singular the Fees Rights Privileges Perquisets and advantages to the said office or Place belonging or appertaining with a Proviso that Nothing in the said Letters Patent contained shall extend or be construed to extend to the Prejudice or disadvantage of the Office of our High Admiral of Great Britain or of our Admiralty of our Foreign Plantations for the time being or of any of the Rights Privileges Jurisdictions powers and Authorities to the same in any wise appertaining and for so doing this shall be your Warrant. And so we bid you farewell Given at our Court COLONIAL RECORDS. 135 at Kensington the 23r' day of May 1759. in- the thirty second year of our Reign. By His Majesty's command. To our Trusty and Wellbeloved Arthur Dobbs Esqr' our Captain General and Governor in Chief in and over our Province of North Carolina in America or in his absence to the Commander in Chief of our said Province for the time being. [B. P. R. O. AM: & W. IND VOL: 104.] At the Council Chamber Whitehall the 31st May 1759. Present. The Lords of His Majesty's most Honourable Privy Council. Upon reading at the Board a Report from the Right IHonhe the Lords of the Committee of Council for Plantation Affairs dated the 28th of this Instant upon considering a Draught of an Instruction prepared by the Lords Commissioners for Trade and Plantations for His Majesty's Governor of the Province of North Carolina authorizing and directing him to recommend it in His Majesty's name to the Council and Assembly of that Province to pass an Act for Amending in the manner' therein proposed two Acts passed there The One in 1748. Entitled "An Act for granting to His Majesty the sum of Twenty One Thousand Three Hundred and fifty Pounds Proclamation Money and for stamping and emitting the said sum of Twenty One Thousand and Three Hundred and fifty Pounds Publick Bills of Credit of this Province at the rate of Proclamation Money &c" And the other in 1754. Entitled-"An Act for granting to His Majesty the sum of Forty Thousand Pounds in Publick Bills of Credit at the Rate of Proclamation Money &c"-Which Report and Draught of an Instruction being this day taken into consideration and approved-It is thereupon ordered in Council, that the Right Honourable William Pitt Esqre One of His Majesty's principal Secretarys of State do lay the same Instruction (which is hereunto annexed) before His Majesty for His Royal Signature. W. BLAIR. 136 COLONIAL RECORDS. [B. P. R. 0. AMl: & W. IND. VOL. 14. H. 104.] At the Council Chamber Whitehall. the 26th day of June 1759. Present. The Lords of His Majesty's most Honble Privy Council. Whereas the Lords Commissioners for Trade and Plantations have laid before this Board (pursuant to an Order in Council for that purpose) a Warrant to authorize and require the Governor or Commander in Chief His Majesty's Province of North Carolina in America to cause Letters Patent to be passed under the Sea] of the said Province for constituting and appointing Thomas Child Esqr3" to be His Majesty's Attorney General of that Province to hold and execute the said Office during His Majesty's Pleasure and the Residence of the said Thomas Child within the said Province And the said Warrant having been this day approved It is hereby ordered in Council that the Right Honourable William Pitt Esqr' One of His Majesty's Principal Secretarys of State do lay the same before His Majesty for His Royal Signature. W. SHARPE. [B. P. R. O. PLANTATIONS GENERAL. B. T. VOL: 52. P. 171.] Warrant appointing Thomas Child Esqre Attorney General of North Carolina. July 6th 1759. G. R. Trusty and Wellbeloved we greet you well.-Whereas we have taken into our Royal consideration the Loyalty Integrity and Ability of our Trusty and Wellbeloved Thomas Child Esqrc We have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under our Seal of our Province of North Carolina in America for constituting and appointing him the said Thomas Child our Attorney General of and in our said Province to have hold exercise and enjoy the said Office of our Attorney General unto him the said Thomas Child during our Pleasure and his Residence within our said Province together with all and singular the Rights Salaries Fees Profits Privileges and Emolu COLONIAL RECORDS. 137 ments thereunto belonging or appertaining and for so doing this shall be your warrant and so we bid you farewell. Given at our Court at Kensington the 6t' day of July 1759. in the thirty third year of our reign. By His Majesty's command. W. PITT. To our Trusty and Wellbeloved Arthur Dobbs Esquire our Captain General and Governour in Chief in and over our Province of North Carolina in America or in his absence to the President of our Council or Commander in Chief of our said Province for the time being. 1760. [B. P. R. 0. AM:I & W. Ixn. VoL; 77.] Circular Letter. WAhitehall Jans 7th 1760. SIR. His Majesty having nothing so much at heart as to improve the great and important advantages gained the last campaign in North Carolina and not doubting that all his faithfull and brave subjects there will continue most chearfully to cooperate with and second to the utmost the large expence extraordinary succours supplied by this Kingdom for their preservation and fiture security: And His Majesty considering that the several Provinces from Pensylvania inclusive' to the Southward are well able with proper encouragement to furnish a Body of several Thousand Men to join the King's Forces in those Parts for some offensive Operation against the Enemy. And His Majesty not judging it expedient to limit the Zeal and Ardor of any of his Provinces by making a Repartition of the Forces to be raised by each respectively for this most important service I am commanded to signify to you the King's Pleasure that you do forthwith use your utmost Endeavours and Influence with the Council and Assembly of your Province to induce them to raise with all possible dispatch within your Government as large a Number of Men as the Number of it's Inhabitants may allow 138 COLONIAL RECORDS. and forming the same into Regiments as far as shall be found convenient that you do direct them to hold themselves in readiness as early as may be to march to the Rendezoous at such Place or Places as may be named for that purpose by the Commander in Chief of His Majesty's Forces in America or by the Officer who shall be appointed to command the King's Forces in those Parts in order to proceed fron thence in conjunction with a Body of His Majesty's British Forces and under the supreme command of the Officer to be appointed as above so as to be in a situation to begin by the First of May if possible or as soon after as shall be any way practicable such offensive operations as shall be judged by the Commander of His Majesty's Forces in those Parts most expedient for annoying the Enemy and the better to facilitate this important service the King is pleased to leave it to you to issue Commissions to such Gentlemen of your Province as you slhll judge from their weight and credit with the People and their Zeal for the Public service may be best disposed and enabled to quicken and effectuate the speedy levying of the greatest number of Men in the disposition of which Commissions I am persuaded you will have nothing in view but the good of the King's service and a due subordination of the whole when joined to Iis Majesty's Commander-And all Officers of the Provincial Forces as high as Colonels inclusive are to have Rank according to their several respective Commissions agreable to the regulations Contained in His Majesty's Warrant of the 30th of December 1757. The King is further pleased to furnish all the men so raised as above with Arms Ammunition & Tents as well as to order Provisions to be issued to the same by His Majesty's Commissaries in the same Proportion and Manner as is done to the rest of the King's Forces-And a sufficient Train of Artillery will also to provided at His Majesty's expence for the operations of the Campaign-The whole therefore that the King expects and requires from the several Provinces is, the Levying Cloathing and Pay of the Men and on these Heads also that no encouragement may be wanting to the fullest Exertion of your Force His Majesty is further most graciously pleased to permit me to acquaint you that strong Recommendations will be made to Parliament in their Session next year to grant a proper Compensation for such expences as above according as the active vigour and strenuous Efforts of the respective Provinces shall justly appear to merit. COLONIAL RECORDS. 139 It is His Majesty's Pleasure that you do with 'particular Diligence immediately collect and put into the best Condition all the Arms issued last Campaign which can be any ways rendered serviceable or that can be found within your Government in order that the same may be employed as far as they will go in this Exigency. I am at the same time to acquaint you that a reasonable supply of Arms will be sent from England to replace such as may have been lost or have become unfit for future service. I am further to inform you that similar Orders are sent by this conveyance to Maryland Virginia N~ Carolina and So CarolinaThe Northern Governments are also directed to raise Men in the same manner to be imployed in such Offensive Operations as the Circumstances and situation of the Enemy's Possessions in those parts may point out which it is hoped will oblige them so to divide their attention and Forces as will render the several attempts more easy and successfull. It is unnecessary to add anything to animate your Zeal in the Execution of His Majesty's Orders on this great Occasion where the future and safety and the Welfare of America and of your own Province in particular are so nearly concerned And the King doubts not from your known Fidelity and Attachment that you will employ yourself with the utmost Application and Dispatch in this promising and decisive Crisis. I am &" W. PITT. [ B. P. R. O. AM: & W. INTD VOL: 105.1 At the Court at St James's the 3rd day of December 1760. Present. The Kings most Excellent Majesty in Council. Whereas the Lords Commissioners for Trade and Plantations have this day laid before His Majesty at this Board (pursuant to His Majesty's Order for that purpose) a Warrant directing and requiring the Governor or Commander in Chief of His Majesty's Province of North Carolina in America to swear and admit John Samson Esq"r to be of His Majesty's Council in the said Province in the room of James Innes Esqrc deceased And His Majesty in Council having been pleased to approve of the said Warrant 140 COLONIAL RECORDS. (which is hereunto annexed) Doth hereby order that the Right Honourable William Pitt Esqre One of His Majesty's principal Secretarys of State do lay the same before His Majesty for His Royal Signature. W. SHARPE. [B. P. R. 0. AM: & W. IND: VOL: 77.] Circular Letter. Whitehall Dec: 17th 1760. SIR, - His Majesty having nothing so much at heart as by the most vigorous Prosecution of the War to reduce the Enemy to the necessity of accepting a Peace on Terms of Glory and advantage to His Majesty's Crown and beneficial in particular to His Subjects in America and as nothing can so effectually contribute to that Great and essential Object as the King's being enabled to employ as immediately as may be such part of the regular Forces in North America as may be adequate to some great and important Enterprize against the' Enemy I am commanded to signify to you the King's Pleasure that in order the better to provide for the full and entire Security of His Majesty's Dominions in North America and particularly of the Possession of His Majesty's 'Conquests there during the absence of such part of the regular Forces you do forthwith use your utmost endeavours and Influence with the Council and Assembly of your Province to induce them to raise with all possible Dispatch within your Government as large a 1Body of Men as the Number of its Inhabitants may allow (your Province having hitherto been extremely wanting to the King's service in this respect) and forming the same into Regiments as far as shall be found convenient that you do direct them to hold themselves in readiness and particularly as much earlier than former years as may be to march to such place or places in North America as His Majesty's Commander in Chief there or the Officer who shall be appointed to command the King's Forces in those Parts shall appoint in order to be employed there under the supreme Command of His Majesty's said Commander in Chief or of the Officer to be appointed as above in such manner as from the circumstances COLONIAL RECORDS. 141 and situation of the Enemy's Posts and the state and disposition of the Indian Nations on that side he may judge most conducive for the King's service and the better to facilitate this important service the King is pleased to leave it to you to issue Commissions to such Gentlemen in your Province as you shall judge from their Weight and Credit with the people and their Zeal for the Publick Service may be best disposed and enabled to quicken and effectuate the speedy levying of the greatest number of Men: In the disposition of which Commissions I am persuaded you will have nothing in view but the Good of the King's Service and a due subordination of the whole to His Mlajesty's Commander and all Officers of the Provincial Forces as high as Colonels inclusive, are to have Rank according to their several respective Commissions agreeable to the regulations contained il His late Mjesty's Warrant of the 30th of Dec: 1757. which is renewed by His present Majesty. The King is further pleased to furnish all the Men so raised as above with Arms Ammunition and Tents as well as to order Provisions to be issued to the same by His Majesty's Commissaries in the same proportion and manner as is done to the rest of the King's Forces: The whole therefore that the King expects and requires from the several Provinces is, the levying cloathing and pay of the Men and on these Heads also that no encouragement may be wanting to the fullest exertion of your Forces: His Majesty is further most graciously pleased to permit me to acquaint you that strong recommendations will be made to Parliament in their Session next year to grant a proper compensation for such expences as above according as the active vigour and strenuous Efforts of the respective Provinces shall justly appear to merit. It is His Majesty's Pleasure that you do with particular diligence immediately collect and put into the best condition all the arms issued last campaign which can be anyways rendered serviceable or that can be found within your Government in order that the same may be employed for His Majesty's Service. I am further to inform you that similar Orders are sent by this conveyance to Maryland Virginia North Carolina and South Carolina. The Northern Governments are also directed to raise Mlen in the same manner to be employed as His Majesty's Commander in Chief shall judge most conducive for the King's service in North America. 142 COLONIAL RECORDS. It is unnecessary to add anything to animate your Zeal in the Execution of His Majesty's Orders in this important injuncture which is finally to fix the future safety and Welfare of America and of your own Province in particular and the King doubts not from your known Fidelity and Attachment that you will employ yourself with the utmost application and Dispatch in this promising and decisive crisis. I amn &ce W. PITT. 1761. [B. P. R. O. AM: & W. IND: VOL: 105.] At the Court at St James's the 10th day of March 1761. Present The King's most Excellent Majesty in Council. Whereas the Lords Commissioners for Trade and Plantations have this day laid before His Majesty at this Board (pursuant to His Majesty's Order for that Purpose) a Draught of a Commission prepared by them for Arthur Dobbs Esq`r to be Captain General and Governor in Chief of Iis Majesty's Province of North Carolina together with a Warrant for His Majesty's Royal Signature for passing the said Commission under the Great Seal of Great Britainwhich Draught of a commission and warrant being in the usual form, His Majesty was pleased with the advice of His Privy Council to approve thereof and to order as it is hereby ordered That the Right Honourable William Pitt Esqre One of His Majesty's Principal Secretarys of State do lay the said Draught of a Commission and Warrant (which are hereunto annexed) before His Majesty for His Royal Signature. W. SHARPE. [B. P. R. 0. AM: & W. IND: VOL: 105.] At the Court at St James's the 10th day of March 1761. Present. The Kings most Excellent Majesty in Council. Whereas the Lords Conmmissioners for Trade and Plantations COLONIAL RECORDS. 143 have this day laid before His Majesty at this Board (pursuant to His Majesty's Order for that purpose) a Warrant to authorize and require the Governor or Commander in Chief of His Majesty's Province of North Carolina to cause Letters Patent to be passed under the Seal of that Province for constituting and appointing Charles Berry Esq'~ to be Chief Justice of the said Province to hold and execute the said Office during His Majesty's Pleasure and the Residence of the said Charles Berry within the said Province and His Miajesty in Council having been pleased to approve of the said Warrant (which is hereunto annexed) Doth hereby order that the Right Honourable William Pitt Esqrc one of His Majesty's Principal Secretarys of State do lay the same before His Majesty for His Royal Signature. W. SHARPE. [B. P. R. 0. AMI: & W. IND: VOL: 105.] At the Court at St James's the 14th day of April 1761. Present. The King's most Excellent Majesty in Council. Whereas the Lords Commissioners for Trade and Plantations have this day laid before His Majesty at this Board (pursuant to His Majesty's Order for that purpose) a Warrant authorizing and requiring the Governor or Commander in Chief of His Majesty's Province of North Carolina to cause Letters Patent to be passed under the Seal of that Province for constituting and appointing Thomas Falkner EsqrT to be Secretary and Clerk of the Crown of and in the said Province in the room of Henry McCulloh Esqr' deceased to hold exercise and enjoy the same during His Majesty's Pleasure. And His Majesty in Council having been pleased to approve of the said Warrant (which is hereunto annexed) Doth hereby order that the Right Honourable William Pitt Esqr - one of His Majesty's principal Secretarys of State do lay the same before Iis Majesty for His Royal Signature. HEN: FANE. 144 COLONIAL RECORDS. [B. P. R. O. AM: & W. IND: VOL: 105.] At the Court at St James's the 14th day of April 1761. Present. The King's most Excellent Majesty in Council. Whereas the Lords Commissioners for Trade and Plantations have this day laid before. His Majesty at this Board (pursuant to His Majesty's Order for that purpose) a Warrant to authorize and require the Governor or Commander in Chief of His Majesty's Province of North Carolina to cause Letters Patent to be passed under the Seal of that Province for constituting and appointing Robert Jones Junior Esqre to be His Majesty's Attorney General of and in the said Province To hold and execute the said Office during His Majesty's pleasure and the Residence of the said Robert Jones Junior within the said Province And His Miajesty in Council having been pleased to approve of the said Warrant (which is hereunto annexed) doth hereby order that the Right Honourable William Pitt EsqrT one of His Majesty's principal Secretarys of State do lay the same before His Majesty for His Royal approbation. HEN: FANE. [B. P. R. O. AM: & W. IND: VOL: 105.] At the Court at St James's the 25th of June 1761. Present. The King's most Excellent Majesty in Council. Upon reading at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs dated the 18th of this Instant in the words following. Vizt [This report is omitted, being identical with the Report of 6 May 1761 printed in "Colonial Records" VI. pp. 558-561.-W. N. S.] His Majesty this day took the said Report into consideration and was pleased with the advice of His Privy Council to approve thereof and also of the said Draughts of Instructions so amended and altered and to order as it is hereby ordered that the Right Honourable William Pitt Esqre one of His Majesty's principal Secretarys of State do lay the same before His Majesty for His Royal Signature. F. VERNON. COLONIAL RECORDS. 145 [B. P. R. 0. AMERICA AND WEST INDIES. VOL: 105. P. 361.] At the Court at St James's the 3rd day of December 1761. Present The Kings most Excellent Majesty in Council, Upon reading at the Board a Report from the Lords Comnmissioners for Trade and Plantations dated the 2nd of this Instant together with two Draughts of Instructions prepared by them, the One for the Governors of such of His Majesty's Colonies upon the Continent of North America as are under Iis iMajesty's immediate Government and where the property of the soil is in Iis Majesty forbidding them to pass Grants of or encourage Settlements upon any Lands within the said Colonies which may interfere with the Indians bordering thereon-And the other for the Governors of His Majesty's American Islands and for the Governors of those Colonies of the Continent of America which are under His Majesty's immediate Government containing Directions with respect to the Tenure of the Commissions to be by them granted to the Chief Judges and Justices of the Courts of Judicature in the said Colonies- His Majesty this day took the said Draughts of Instructions into Considertion and was pleased with the advice of His Privy Council to approve thereof and to order as it is hereby ordered that the Riglt Honorable the Earl Egremont One of His Majesty's Principal Secretarys of State do Cause Instructions to be prepared agreeable to the said Draughts (which are hereunto annexed) for the Governor or Commander in Chief of His Majesty's Colonies on the Continent of North America and also for the Governors or Commanlders in Chief of His MIajesty's American Islands and of those Colonies on the Continent of America which are under His Mojesty's immediate Government and lay the same before His Majesty for His Royal Signature. HEN: FANE. [B. P. R. O. AM:i & W. IND: VOL: 77.] Circular Letter. Whitehall Dec: 12th 1761. SIR, The King having taken it into his most serious consideration how highly essential it is to the Interest and Security of his Sub10 146 COLONIAL RECORDS. jects in North America that the regular regiments serving in that Country be recruited with all convenient Expedition to their full Complement of Effectives and at the same time seeing the impracticability of compleating them from Great Britain, considering how this Country is drained by the great number of Men furnished for the various services in all parts of the World I am therefore to signify to you the King's Pleasure that you do immediately on the receipt of this Letter exert your utmost Influence to induce your Province to carry into the most speedy and effectual Execution this very important object by immediate compliance with any Requesition which Sir. Jefferey Amherst shall in consequence of his {Majesty's Orders make for furnishing on certain conditions which he will explain to you such a number of recruits from your Province as he shall demand as their Quota towards compleating the regular regiments which have been sent to America for the defence and protection of the possessions of his lMajesty's subjects there. And the King cannot doubt but that the Provinces will cheerfully and readily comply with this reasonable demand so obviously calculated for their own security and advantage at the same time that your Zeal for His Majesty's service will naturally excite you to use all your Influence and Power in bringing effectually to bear a Measure which His Majesty has so much at heart and with regard to which any Failure or Disappointment would be extremely disagreable. I am &" EGREMONT. 1762. [B. P. R. 0. AM: & W. IND: VOL: 105.] At the Court at St James's the 19th of June 1762. Present. The King's most Excellent Majesty in Council. Upon reading this day at the Board a Representation from the Lord's Commnissioners for Trade and Plantations dated the 9: of this instant setting forth that John Swan Esqre one of His Majesty's Council in the Province of North Carolina is dead and it being COLONIAL RECORDS. 147 usual and expedient for His Majesty's service that the Chief Justicc of the several Colonies should have Seats in the Councils of those Colonies respectively the said Lords Commissioners propose that Charles Berry Esqrc whom His Majesty was graciously pleased in March 1761. to appoint Chief Justice of North Carolina may be appointed of His Majesty's Council in that Province in the room of the said John Swan Esqre deceased-His Majesty in Council approving thereof is pleased to order as it is hereby ordered that the said Charles Berry Esqre be constituted and appointed a Member of Iis Majesty's Council in the said Province of North Carolina in the room of the said John Swan Esqre deceased-And that the Right Ionourable the Earl of Egremont one of His Majesty's principal Secretarys of State do cause the usual Warrant to be prepared for His Majesty's Royal Signature accordinglyW. SIARPE. [B. P. R. O. S~ CAROLINA B. T. VOL: 20. M. 46.1 Report of the Assembly of South Carolina upon the Boundary Line between that Province and North Carolina [Read 24. Novlcr 1762.] Cape Fear River was the antient Boundary between South and North Carolina. That River divides these Provinces nearly in a North-West Direction bounding North Carolina to the South-West and South Carolina to the North-East. Hence it is that as the former Province was long since distinguished by the name of NorthEast so the latter was known by the Appellation of South-West and hence also it is that the Authority of Government and Exercise of Jurisdiction were respectively limited in each of these Provinces by Cape Fear River and so remained during the Proprietorship of South Carolina. Some years after His Majesty was graciously pleased to take the Inhabitants of this Province under IIs more immediate Protection it happened that Sundry persons who were settled near Charles Town removed from thence with their Families and Slaves and sat down upon the South Banks of Cape Fear River. Near the sea they built a Town and gave it the name of Brunswick There the these new Settlers were within the legal Jurisdiction of the Courts of this Province yet practicably they 148 COLONIAL RECORDS. were beyond the reach of Process and tho taxable for the support of this Government yet by reason of their great distance from the Seat of Government no Taxes could be levied. The Inhabitants of this Province were then few in number Their Settlements Northward from Charles Town extending very little further than Santee River and they not being very opulent the Expences of Government which were greatly enhanced by their Vicinity to numerous Tribes of Indians became a very heavy burthen upon them while the Inhabitants of the North East parts felt little or no weight of annual Taxes. The People of Brunswick therefore became desirous to be legally as well as practicably freed from sharing this Burthen with their Brethren and moved by their own private Interest choose rather to be deemed Inhabitants of North Carolina and if possible to be included within the Limits of that Province. The Brunswick Settlement increased apd by reason of its inconguity to North Carolina and distance from Charles Town it became expedient nay for many other reasons necessary to annex it to North Carolina therefore in 1730. when His Majesty was graciously pleased to take into His Royal Consideration of a Boundary Line between the two Provinces the Royal Will was in that respect so adapted to the Local Circumstances of the People of Brunswick as to include them within the Bounds of North Carolina yet in such an equal manner as to limit this Province in its antient natural Boundary to no more than Thirty Miles southerly distance from the whole course of Cape Fear River from the sea upward to its main source of head. This appears by his His Majesty's Instruction to Robt Johnson Esqre then Governor of South Carolina and to George Burrington Esqre ther Governor of North Carolina which is in the words following "and in order to prevent any disputes that may arise about the Northern Boundary of our Province under your Government we are graciously pleased to signifiy our Pleasure that a Line should be run by the Commissioners appointed by each Province beginning at the sea Thirty Miles distant from the mouth of Cape Fear River on the South West part thereof keeping the same distance from the said River as the course thereof runs to the main source or head thereof and from thence the said Boundary Line shall be continued due West as far as the South Seas But if Waccamaw River lies within Thirty Miles of Cape Fear River then that COLONIAL RECORDS. 149 River to be the Boundary from the Sea to the head thereof and from thence to keep the distance of Thirty Miles parrallel from Cape Fear River to the head thereof and from thence a due West Course to the South Seas." This I-Is Majesty's Instruction remained unexecuted nor was any step taken by either of the two Governments in pursuance thereof until the year 1734. and then during the Government of Gabriel Johnson Esqre Commissioners were mutually appointed by both Provinces in order to run a Line of Division according to the said Instruction. As Iis MIajesty had not been pleased to direct a Boundary to befixed by taking the latitude of different places at the Extremities of the intended Line but that a Line should be run parralel to the course of Cape Fear River at the distance of Thirty Miles to the SouthWest thereof it was -expected that the said Commissioners would have made an actual survey of the said River in order from thence to ascertain a Boundary Line agreable to the said Instruction But upon the most diligent search into our Records and Journals of that time no such survey can be found. It appears from the Council Journals that for settling the said Boundary certain preliminary Articles were stipulated between thle North and South Carolina Commissioners but it is equally manifest that the mode of division pointed at by these Articles was neither warranted by IHis MVIajesty's said Instruction nor countenanced by any Act of the Legislature of this Province and consequently had any survey been made in virtue of such Articles the same would have been void and ineffectual as done without authority. But we have good reason to believe and with truth we can affirm that no line or boundary between North and South Carolina has ever hitherto been run in exact conformity to His Majesty's said Instruction. We beg leave to observe that if the said Instruction is still to be kept in view and is now to be regarded as a direction in ascertaining a dividing Line between the two Provinces all reasoning in support of our Pretentious to an extensive North Boundary and upon the equality of a dividing Line must be inconclusive until a survey be made and taken of the real course of Cape Fear liver up from its Entrance at Sea to its main source or head and the exact parallel of Latitude thereof be taken But in case His Majesty shall in His Royal Will be pleased to settle the said Boundary without such a 150 COLONIAL RECORDS..survey as is proposed or shall think proper to issue any new Instruction to that end it is incumbent on us even now to submit such general reasons and considerations as may tend to procure such an Allotment of Territory to this Province as may be most conducive to Iis Majesty's Interest in these Parts and to the Welfare of His Majesty's Subjects whether residing in this or that Province. And in the first Place we beg leave to observe that the Southern Parts of this Province are greatly retrenched by Georgia. The distance between Cape Fear River and Savannah River by the coast is indeed considerable. Charles Town Bar is not less than Seventy Miles from the mouth of Savannah River which gives to this Province a considerable Eastern Front But as Savanna River from the Sea upwards extends itself North Westerly and inclines still more and more Northerly as it approaches the mountains and as that River divides Georgia from South Carolina We humbly conceive a strong reason arises for enlarging the North Boundary of this Province 2dly Unless the North Boundary of this Province shall in His Majesty's good Pleasure be largely extended this His Majesty's flourishing Province will very probably be checked in its growth. A limited North Boundary intersecting Savanna River will form this Province into a Triangle and reduce its Western Frontier whereby the best and most fertile Body of Lands will be lopped off and the Inhabitants of the upper parts of Pedee and Santee Rivers who are the strength of this Province will be sequestered from us 3V'y We humbly conceive it to be for His Majesty's Interest that a West Front in some good Measure suited to the East Front of this Province be allotted. As the Lands near the Coast of this Province are in general of a barren and sandy nature and far less fertile and valuable for corn and Indico than those Lands which lie remote from the Sea It is of the highest consequence so to proportion and accommodate the good lands to the bad as not only to preserve but invite Inhabitants Such a Boundary therefore as will favour this Equality of Distribution is the most likely to support and bear up this Province in its present vigour and to save it from that decay into which it must hereafter fall by a loss of Inhabitats and a want of fit soil for cultivation 4thl' As Pedee and Santee Rivers run thro the very centre of this Province the Inhabitants and Proprietors of Lands upon the upper parts of these Rivers are naturally connected with those COLONIAL RECORDS. 151 upon the Coast, they have easy and convenient navigation for small Boats to George Town and Land carriage to Charles Town and there they find a ready Market for their Commodities and supply of merchandise It is but reasonable therefore to include them within the Limits and Jurisdiction of South Carolina 5thlY As Georgia yet remains in a weak and infant state this Province is in reality the South Frontier of His Majesty's North American Dominions. North Carolina is much more populous with Freemen than South Carolina but this Province far exceeds in the number of Slaves The great disproportion there is between our White Men and Negroes renders us less formidable to a foreign enemy. In case Georgia or any of the Southern parts of this Province shall happen to be invaded then an exertion of our whole strength from every quarter will be absolutely necessary at once to oppose the invader and preserve our Slaves from revolt This double Task cannot be undertaken with any prospect of success without the ready aid of those Inhabitants who are settled upon the upper parts of our several Rivers and their Branches nor can this aid be procured in such an exigency unless these Inhabitants are subject to the immediate authority of this Government and within the influence of our Militia Law 6thly The Expences of Government have at all times been much higher here than in North Carolina. Our Taxes have been enlarged not only by means of common and ordinary Provincial Charges but by reason of our attachment to the Colony of Georgia whose Interest has ever been the object of our attention and also by reason of our connection with all the surrounding Tribes of Indians particularly the Creeks, Chickesaws, Cherokees and Catawbas. It is true that His Majesty has been graciously pleased of His Royal Bounty to lessen our Indian Expences for presents which with great gratitude we acknowledge yet still do they compose a large article in our annual Estimates We raise them with cheerfulness and it is with real pleasure we can say that within these few years in obedience to His Majesty's command we have compleated Fort Prince George at Kewokee in the Lower and Fort Loudoun at Tannisee in the Upper Cherokee Country. These considerations while they furnish us with a claim to the contribution of our numerous Back Settlers in aid of Taxes so also they in some degree point out the expediency of granting to this Province such a North Boundary as will include within it those 152 COLONIAL RECORDS. Parts of the Cherokee Country where the said Forts are erected. 7thly These different Tribes of Indians have always used this Government as the Medium between His Majesty and them, here they offer their complaints renew their Treaties give Intelligence and negqciate all that concerns them. By long usage we have become thoroughly informed of their various Policy their connections inclinations and dependencies and are acquainted with most of their affairs wether foreign or domestic. It may prove a dangerous experiment to divert this long established communication between them and us into a different channel by throwing their Lands and Forts within the Bounds of another Government especially in a juncture so critical as the present when the French are practising every Act in their Power to seduce them from our Interest We are hopeful that the Peace and Union which we have maintained and preserved with these expensive yet important Allies for these forty years past and upwards even in these times of danger will not only hold the conduct of this Government approved to His iMajesty but will have a proper weight in determining the Limits and Extent of South Carolina. 1763. [B. P. R. O. S~ CAROLINA B. T. VOL: 29. P. 185.] To the Right IHonble the Lords of the Committee of His Majesty's most IHon"l Privy Council for Plantation Affairs. MY LORDS, Pursuant to your Lordships Order dated the 12th instant we have prepared Draughts of Instructions to the Governors of North and South Carolina signifying to them His Majesty's Pleasure concerning the immediate Establishment of a temporary Line of Jurisdiction between the said Provinces and we beg leave herewith to lay the said Draughts before your Lordships. We are my Lords &c: C. TOWNSHEND. SOAME JENYNS. Ed BACON. EDMOND THOMAS. GEO: RICE. CROWELL. Whitehall MIarch 29th 1763. COLONIAL RECORDS. 153 (p. 186.) Instruction to Our Trusty and Wellbeloved Thomas Boone Esq'0 our Captain General and Governor in Chief in and over Our Province of South Carolina in America or in his Absence to the Lieutenant Governor President of our Council or Commander in Chief of our said Province for the time being- Given at our Court at St James's the day of 1763. in the third year of our Reign. Whereas it hath been represented to us thatgreat disputes have arisen and much mischief and confusion are likely to ensue amongst our subjects on the Frontiers of our Provinces of North and South Carolina from the want of a certain known Line of Jurisdiction between the said Provinces. In order therefore to prevent all further disputes of the like nature and to preserve the Peace and Tranquility of both our said Provinces until a perpetual Line of Partition between them shall be finally determined by us Wle have thought fit hereby to signify to you our Will and Pleasure that the Line already agreed upon begun and in part set out by Conimissioners appointed by both the said Provinces in the year 1735. in consequence of His iMajesty's late Instructions to Gabriel Johnston Esql' then Governor of North Carolina shall be the temporary Line of Jurisdiction between our said Provinces of North Carolina and South and in case it shall appear that the said Line has not been marked out by the said Commissioners so far North as the Thirtyfifth degree of North Latitude you are hereby authorized and required to appoint Commissioners to proceed jointly with comrn'r to be appointed by our Governor of North Carolina in continuing the said Line in the same direction in which it has hitherto proceeded to the said Thirty fifth degree of North Latitude and from thence due West until it meets the Eastern Limits of the Lands claimed by the Catawba Indians. And it is our express Will and Pleasure that no Settlement whatsoever be made nor the Jurisdiction of either Province exercised upon the Lands claimed by the said Indians until the said claims shall be finally adjusted. And our further Will and Pleasure is that the Forts which have been erected by either of our said Provinces to the Westwards of the said Lands so claimed by the Catawbas shall be deemed to belong to and continue to be maintained by that Province at the expence of which they were erected and have hitherto been supported 154 COLONIAL RECORDS. [B. P. R. O. AMERICA & WEST INDIES. VOL: 105. P. 449.] At the Court at St James's the 30t' day of March 1763. Present. The King's most Excellent Majesty in Council. Upon reading at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation affairs humbly offering to His Majesty for His approbation Two Draughts of Instructions prepared by the Lords Commissioners for Trade and Plantations for the Governors of North and South Carolina signifying to them Iis Miajesty's Pleasure concerning the immediate Establishment of a Temporary Line of Jurisdiction between the said Provinces-His Majesty this day took the said Report and Draughts of Instructions into Consideration and was pleased with the advice of his Privy Council to approve of the said Draughts of Instructions (which are hereunto annexed) aad to order as it is hereby ordered that the Right Honourable the Earl of Egremont One of His Majesty's principal Secretarys of State do cause the same to be prepared for His Majesty's Royal Signature. W. SHARPE. [B. P. R. 0. AM: & W. IND: VOL: 77.] Circular Letter Whitehall 21st May 1763. SIR, I send you inclosed a Petition of Cap: John Dalrymple Commander of Fort Johnston in North Carolina complaining of having been put under Arrest by Governor Dobbs and being still a close Prisoner in North Carolina under pretence of his having gone to England without His, the Governor's leave tho he had obtained that of the Commander in Chief of His Majesty's Forces in North America, I am therefore to desire that you will be pleased to make the necessary enquiry into the state of this matter and in case it shall appear to you that Capt Dalrymple's conduct has not been irregular you will take any measures you shall judge proper to obtain all due redress for him, and you will let me know for His Majesty's Information what you shall have'done in this mat ter. I am &c EGREMONT. COLONIAL RECORDS. 155 To the King's most excellent Majesty. The most humble Petition of John Dalrymple Esqre Captain and Commander of His Majesty's Fort Johnston in North Carolina. Humbly sheweth, That the Petitioner having served upwards of Thirty years as an Officer in your Majesty's Army was appointed Captain and Commander of Fort Johnston by General Bradock. That some time after he obtained Leave from the Commander of your Majesty's Forces in America to return to England. And from your Majesty's most gracious favor had a new Commission for the said Fort dated Oct: 27th 176(). That on the Petitioner's return to take the command he waited on Governor Dobbs who with many circumstances of severity put the Petitioner under Arrest and confined him in an open Barrack, with Centinels over him under pretence of his having gone to England without his leave altho he had superceded him before he went to England and appointed another in his place. That your Petitioner still continues a close Prisoner the Governor refusing to release him except he will give it under his hand that he has been disobedient to order and broke the Articles of War. Under these unhappy circumstances your Petitioner humbly throws himself at your Majesty's Feet begging your Majesty will be most graciously pleased to take his case into consideration and order such redress as your Majesty's sees meet And the Petitioner shall ever pray [B. P. R. 0. AM: & W. IND VOL: 105.] At the Court at St James's the 31st day of August 1763. Present. The King's most Excellent Majesty in Council. Upon reading this day at the Board a Representation from the Lords Commissioners for Trade and Plantations dated the 4th of this Instant setting forth that John Swan and John Dawson Esqres two of His Majesty's Council in the Province of North Carolina are dead and that William Dry and Bobert Palmer Esqres have been 156 COLONIAL RECORDS. recommended to them as Persons every way qualified to serve His Majesty in that station, they therefore propose that they may be appointed of His Majesty's Council in the said Province in the room of thesaid John Swan and John Dawson Esqre —decesed-His Majesty in Council approving thereof is pleased to order, as it is hereby ordered that the said William Dry and Robert Palmer Esqr's be constituted and appointed Members of His Majesty's said Council in the Province of North Carolina in the room of the said John Swan and John Dawson Esqres deceased- And that the Right Honourable the Earl of I-Ialifax His IMajesty's principal Secretary of State do cause the usual Warrants to be prepared for His Majesty's Royal Signature. W. SHARPE. [B. P. R. 0. SOUTH CAROLINA B. T. VOL: 20. M. 92.] Journal of the Proceedings of the Southern Congress at Augusta from the arrival of the several Governers at Charles Town South Carolina the 1st of October to their return to the same Place &"" the 21st November 1763. Saturday October 1st 1763. Arrived His Excellency Arthur Dobbs Esqre Governor &c:a' of North Carolina at Charles Town; And on Monday the 3d arrived His Honour Francis Fauquier Esqr' Lieut; Governor of Virginia; pursuant to Orders they had respectively received from HIs Majesty signified by His Principal Secretary of State to be present at a Congress appointed to be held by the Sduthern Governors with the Chickasaw, Chactaw, Creek, Cherokee and Catawba Indians at Augusta or elsewhere. Tuesday October 4th 1763. Present Their Excellencies GOVr THO5 BOONE GOVY ARTHUR DOBBS His Honr Lt GOVr FRANCIS FAUQUIER and JOHN STUART Superintendt of Indian Affairs. It was agreed to give Notice to His Excellency Governor James Wright of the Inconveniences attending a Journey by Land or COLONIAL RECORDS. 157 Water to Augusta to the respective Governors for the more full explanation of which the Letter referred to is as follows; viz: SIR, We take the earliest Opportunity after our being met together to give your Excellency Notice of it and this we look upon to be the more necessary since our conversing upon the subject of the future Congress has occasioned an alteration of the place of meeting. A Change in every respect so much more convenient to Us will, we flatter ourselves, not be otherwise to you, the distance will, we understand be the same and the accommodations no doubt better. It was the Intention of some of us to have gone up Savannah River by Water but the tediousness of that passage has deterred us as the difficulty if not impracticability of conveying ourselves and the necessary conveniences by Land has made us lay aside all Thoughts of this also. The Behaviour of some of the Indians to the King's Subjects and their ill disposition towards one another points out too the Propriety of assembling them at some Place where they will be under a greater Check & Controul than they would be in so stragling and ill settled a Place as Augusta but with regard to the Indians themselves we imagine the alteration will not be disagreeable. They were before apprized that Augusta was pitched upon because the Small Pox was in Carolina. That Disorder having long since ceased will be reason therefore sufficient to assign for the change of Place. The Chactaws, Chickesaws, and Catawbas are not at all likely to make objections. The Cherokees are extremely averse to going to Augusta and if the Creeks should entertain any Jealousy the Superintendant will no doubt be able to convince them that Nothing is intended by the Change of Place but to render the Meeting more commodious to the Governors some of which have already come a great way and will suffer unavoidably by proceeding farmer. Captain Stuart will either lodge the Presents at Augusta or order them back again as may appear to him the most proper when he has sounded the Indians on this subject. We should have been glad if Time would have permitted to have known your Sentiments upon this Alteration but the day appointed draws so near that Captain Stuart thinks it proper to 158 COLONIAL RECORDS. sett off on Thursday in order to be ready to receive such Indians as may arrive. We are with great regard &A THOS BOONE ARTHUR DOBBS. FRAN. FAUQUIER. JOHN STUART. His Ex: GOVr WRIGHT. It was further agreed that M' Stuart should proceed to Augusta and collect what Indians were there and conduct them to Dorchester.Agreed also that from a Representation that the Goods ordered up the River Savannah from the Lowness of it could not possibly arrive there and from a supposition that the Indians might be disgusted at not receiving the Presents in the usual manner and at the usual time the finishing of the Congress it was Agreed and accordingly Ordered that the said Goods should be stopped and ordered to Dorchester. Resolved that Fenwick Bull be Secretary to the future Congress. Friday 14th Oct:br 1763. This day I the Scout Boat arrived a Letter from Governor James Wright in answer to that wrote to him of the 4th Inst: &e- and is as follows: vizt Savannah in Georgia 8th Oct: ber 1763. GENTLEMEN, I have just received your's of the 4t' inst: acquainting me with an intended Alteration of the Place of Meeting to hold the future Congress. The Change if to be in Charles Town is certainly more convenient and agreeable to you and it ever gives me pleasure when in executing any part of my duty I can do it in such manner as may be most agreable to those concerned. Tho' I must observe that the difficulties thrown in the way I conceive (on a Trial) wou'd not have proved so great as represented or imagined. The Place affords sufficient Houses plenty of Provisions and Accommodations of every kind tho' not so elegant as in Charles Town. As to any particular convenience or Inconvenience to myself I set that COLONIAL RECORDS. 159 quite out of the question where His MajtYs service interferes and altho' some very few of the Upper Creeks misbehaved lately yet I am fully persuaded the Meeting at Augusta would have been perfectly safe and all Parties secure from Danger. I wish the Creeks &c ' may be prevailed on to proceed any further than Augusta but doubt very much whether they will. MIr Stuart in his letter to me does not mention the least difficulty or objection made by the Cherokees against Augusta but that they had received his Invitation with the greatest cordiality and joy And I should suppose the Chactaws and Chickesaws would have no objection to a saving of 300. Miles travelling You have omitted to mention the Place only in a Postcript say "The Indians will be ordered down to Dorchester" the time I presume is now uncertain but when you are pleased to inform ime of that and the Place I shall certainly attend if Health permits. With respect to any reasons that may be given to the Indians or Directions about the Presents or my Sentiments on the Propriety of the Alteration it's needness of me to give any Opinion on Matters predetermined shall only say that I still think the King's intentions might be more effectually executed at Augusta I am &cf JAMES WRIGHT. Their Ex:cies Thomas Boone & Arthur Dobbs Esqre The Honble Francis Fauquier Esq'T & John Stuart EsqrT Which letter being read in the presence of their Ex:is0 Thomas Boone and Arthur Dobbs Esqre and the Honbl' Francis Fauquier Esqre the following answer was written, agreed to and dispatched by two opportunities. Charles Town So Carolina 14th Oct:ber 1863. SIR1 We have this morning been favored with your letter of the 8th inst: upon which we think it just necessary to observe that Augusta its accommodations and security must have been misrepresented to us and besides that the getting there at all with the least degree-of convenience to ourselves was scarce possible. Mr. Stuart might have omitted acquainting your EXCY with the Disinclination of the 160 COLONIAL RECORDS. Cherokees to meet at Augusta in consequence of two of their nation being killed by the Creeks but they expressed it strongly to him, Proposed Saludy Old Town for the Congress and determined to wait on the Path in hopes of an alteration of Place. We are in great hopes that the late outrages committed by the Upper Creeks are not the acts of the Nation in General but if the generality were well inclined they would either prevent or punish such frequent Repetitions of Insolence and Murder. A letter of the 4th Instant which Govr Boone has received from Augusta says that none of the Upper Creeks will be there at the Congress. If this was their Resolution before the Place of Meeting was changed it looks as if they could not hope that their offences would be forgiven them: with regard to the Choctaws and Chickasaws, they are already on their Route; We all know that 2. or 300 Miles to an Indian when he is in expectation of either Rewards or Revenge and they frequently come that distance uninvited and upon an Incertainty. We before declared how agreeable it would have been to u's to have consulted you upon the alteration if Time would have permitted; We now express our hopes that your arrival here or in Dorchester the Place- appointed for the Congress will be as soon as possible that everything may be concerted previous to the coming of the Indians and we flatter ourselves that by the assistance we shall be able to give each other the King's Intentions will be executed faithfully effectually and with dispatch. We are with great regards &o THOS B)OONE. ARTHUR DOBBS. FRAN: FAUQUIER. His Excy Govr Jas: Wright. Saturday the 15th Oct'er 1763. This day a letter arrived by express from His Excy James Wright Esqre Govr &c" of Georgia. The underwritten is copy thereof. Savannah in Georgia 11th October 1763. GENTLEMEN, Last night I received a letter sent by express from Augusta, informing me, that the Wolfe King has gone to Pensacola to make some demands relative to the ceded Lands and giving an account COLONIAL RECORDS. 161 of the Situation of affairs in the Upper Creeks which to say no more I think have not a very pleasing aspect and make me determine to call the Gentlemen of the Council together for their opinion on the present appearance of things amongst the Indians and what may be most proper to be done for His Majesty's Service in general and the safety of this Province in particular in case Mr Stuart cannot prevail on the Creeks to proceed to Dorchester or Charles Towp. My last by Joyner I wrote immediately on the Receipt of yours, on a supposition and in hopes that Mr1 Stuart might prevail with the Creeks to proceed down but on the Receipt of my letter last night I began to reflect more fully on the consequence of their refusing to go any further and the more I reflect on the critical situation of affairs with these Indians the more I am convinced of the danger that in all probability will attend their returning home disgusted. And I very much fear they will not go down to Dorchester. They are not in a situation or humour to follow Orders Nay I am apprehensive if they should hear of an Intention to carry then down to Charles Town They will not even come to Augusta. And therefore I have now wrote to Lieut; Barnard and Mr. McGalphin desiring them to give Mir Stuart their best assistance in the Affair. Gentlemen at a distance may not see or consider this matter in the Light it Strikes me And a Creek War may be as little felt in Virginia as the Northern Mlassacres are in this Province. Our Commisseration is of little service to those who feel and suffer even North and South Carolina would feel little or nothing of a rupture with the Creeks in comparison of this Province I must therefore consider this matter in a more serious Light than you may and it is to be presumed I am better acquainted with their Situation and our own than Gentlemen at a greater distance and His Majesty's Council are unanimously and clearly of opinion that should the Creek Indians refuse to go down to Charles Town and return back from Augusta displeased at this critical conjuncture it might be productive of the worse consequences to His MIajtYs service in general and the safety of this Province in particular. And therefore in order to prevent if possible the dangers that may attend their returning disgusted have advised me in case the Indians refuse to proceed to Charles Town to meet them at Augusta as the best if not the only method to prevent further Misunderstandings with them and to 11 162 COLONIAL RECORDS. promote His MajtYs most gracious Intention and establishing Peace and Friendship with them on a more firm Basis. This advice entirely coincides with my own opinion and I judge it altogether expedient for me to go up to Augusta to meet them in case they will not proceed to Charles Town and can be prevailed on to wait at Augusta. I send a Person express to acquaint your Exci~" with this matter. If the Indians, in general go to Charles Town I shall attend the Congress there. If they will not go then it seems absolutely necessary for me to proceed to Augusta where I shall give them a Talk and proceed further with them according as I find them authorized by the Nation or not and as things may be circumstanced in which Mr Stuart may join if he pleases If this event should happen I doubt not but you will join in opinion that a Proportion of the Presents His Majesty has been graciously pleased to send out on this occasion will be necessary to give them. I have sent an Express to Augusta and wrote to /Mr Stuart on the subject. The Bearer has orders to wait a day for any commands you may have. I am &ca JAS: WRIGHT. Their Exci"' Tho5 Boone & Arthur Dobbs Escqr & The Honb" Fran: Faucuier Esq'r And P: M: IHora 4:t1 the following answer was sent by the said Express. Cha8 Town. So Carolina October 15th 1763. SIR, We are this moment favoured with your Letter of the 11t"' by Express and after having seriously considered it find no fresh Intelligence than what our Letter of yesterday observed upon nor conceive a difficulty or objection to be started by the Creeks against coming to Dorchester but what may and according to our Information will be urged by the Cherokees against their going to Augusta this in great measure induced us to change the Place appointed. The Superintendant who is supposed to know the disposition of Indians in general and from whom we are supposed to receive the Information regarding them so far from advancing reasons against concurred in the Alteration of Place and we have no COLONIAL RECORDS. 163 sort of doubt but he will be able to reconcile the Lower Creeks (for the Upper will not come at all) to the Meeting being held at Dorchester especially if you should think it advisable to go to Augusta and give him your assistance as that will effectually prevent any ill designing low People from instilling Jealousies into the Creeks meerly because it may be more beneficial to them to have the Congress at Augusta. You may observe Sir that they are not in a humour to follow Orders but if the Creeks or any after so solemn an Invitation on the part of four Provinces should be either refractory or sulky we cannot think they should be caressed or indulged. On the service we are now ordered by the King it is our Duty and Intention to promote the security and advantage of every Colony concerned nor can this be more effectually done as we conceive than by convincing each Nation of Indians that the four Southern Governors act in concurrence every expression of kindness will then have additional weight and the danger of breaking with us will be evidently greater and this is certainly the spirit of the Kings' Intention we therefore must beg you to exert your Influence with the Creeks that the Congress may as it was intended to be general We have not heard fronm Mr Stuart since he left this place so that at present we may presume he sees no furthur objection tho' apprized of all Indian Intelligence We send him a Copy of your Letter that when acquainted with your doubts he may be more attentive to remove every suspicion or umbrage. We are with great regard &c" THOS: BOONE. ARTHUR DOBBS. FRAN: FAUQUIER. At the same time it was agreed to write to John Stuart Esqre and is as follows. Charles Town 15th Oct:r 1763. SIR, We inclose you a copy of a letter we have wrote this morning in answer to one received from Govr Wright which is also sent you the Sight of both will be a clue to you how to conduct yourself in the removing, every Umbrage that may have been taken by or given to the Creeks we depend on your using your utmost Influence 164 COLONIAL RECORDS. in bringing all the invited Indians to the Congress at Dorchester and we have requested Mr Wright to cooperate with you It is a material part of your Duty to discover and prevent the ill effects of private Tamperings & Insinuations thrown out to Indians and to take care as far as you are able that they listen to nothing but what is to be said to them by the Persons appointed by the King You will no doubt set the coming of the two distant Governors in its full light and force and that the sentiments of four Provinces will be upon this occasion communicated to them publicly solemnly and in presence of one another that every Nation may be apprized of the King's gracious Intention towards them. We are, Sir, Your most humble servts THOS: BOONE. ARTHUR DOBBS FRAN: FAUQUIER. John Stuart Esqre Superintendent of Southern Indian affairs at Augusta. Wednesday 18th Oct: 1763. Yesterday in the evening arrived an Express from John Stuart Esqre superintendent &c: with the following letter &c: &c: Fort Augusta 15. Oct: 1763. SIR I got to this Fort the 11th current where I found no other Indians than about sixty Catawbas including Women and Children who had been here about two days before my arrival on the 13th in the morning I received a letter by express from Lieutenant Taylor dated the 10th referring me to the intelligence contained in the inclosed letter to your Excellency and which I imagine contains full Accounts of what passes in that Nation I, likewise send a Duplicate of the Talk sent here from the Lower Creeks by the Messenger of whom M' Campbell wrote you with Lieutenant Barnard's answer by which your Excellency and the other governors will be able to judge of their Temper and which gave me bad hopes of success in endeavouring to persuade them to go further. COLONIAL RECORDS. 165 Yesterday in the morning the Upper Creek Warrior Mustisiqua with the second man of the Tuquabachies and a number of their followers came here with them were the Leader of the Chickasaws Paya Matta one considerable leading man of the Chactaw Nation called Red Shoes and about Twenty Chickasaws of Note and their Followers Colbert who had arrived some days before them informed me that his reception in the Chactaw Nation had been most friendly that many of the most considerable amongst them had determined to accompany him down but upon receiving news that two of their people were killed by the Creeks none thought proper to venture except this Red Shoes Colbert adds that the Treatment which he and the Chickasaws received in their way through the Creek Nation was extremely insolent and had made those Indians extremely anxious to return home Accordingly they pressed me much to dispatch them I invited them to come to the Fort this day with the Catawbas and Creeks I acquainted them with the alteration of the Place of Meeting proposed and the reasons for it The Chickasaw Leader said he had come a great way upon my invitation and found himself disappointed that he was too much tired to go any further and should return without taking anything amiss as such accidents were often not to be avoided that he was [glad] he had seen me and when ever he should promise me anything I might depend upon meeting with no disappointment. The next who spoke was the second man of the Creeks who said that he had come punctually at the time and to the place of appointment and expected to have seen the Governors that it was their hunting season when they should have been in the woods providing for their Faniilies but that their time was taken up in this visit which they should not think lost if I -would deliver the King's talk to them and dispatch them immediately that several of their own People had promised to attend the meeting who were not come but that it seemed to be the present prevailing custom for men to speak 'with two tongues I repeated the reasons for altering the Place of Meeting which I enlarged upon as much as the subject would admit and desired they would let me know after considering the affair maturely whether or not they would go to Dorchester they did not hesitate a moment but possitively refused to go one step further I then asked if they would stay here till the return of a messenger I should send to the Governors This with great difficulty the Creeks 166 COLONIAL RECORDS. were prevailed upon to consent to they have agreed to wait here ten days at the Expiration of which time if they do not see the Governors or receive the King's message from me they are infallibly to go away Lieutenant Barnard sends an Express to Governor Wright who will be unacquainted with what has past about the Time this reaches your Excellency's Hands The Bearer Kalteisen has undertaken to carry this with the greatest dispatch and by him I beg to be favoured with your determination by all the intelligence I can pick up from the Traders the Creeks were never more disposed to a rupture than at this time and as those who are now here and who are supposed to be the best affected to us of any, are so jealous there cannot be any room to hope that others who are hourly expected here will consent to go down to Dorchester. They are conscious of their bad behaviour and (upon Indian principles) do not chose to put themselves any more in our power by going farther into the settlements The Wolfe and a deputation of Leading men are now gone to Pensacola to circumscribe the Limits of the Garrison within such a narrow Compass as will hardly allow them Garden Room. The Chickesaws knew the Determination of the Creeks to go no farther than this Place as all the Indians had received Intimation of the Alteration proposed and had consulted upon it before they spoke with me Pia Mlatta considered that if the Creeks should return disgusted it would be dangerous for him and his people to remain here and return through their Country after them it was from this consideration that he refused to go down although he has many other objections of seeming weight which however I should have got the better of if this material one had not occurred. I find it absolutely impracticable to satisfy these Indians now here with allowance of Provisions stipulated by Sir Jeffry Amherst they have always been used to a very different Treatment and such an innovation introduced by me would give a very unfavourable impression of me at my first Entrance on the Execution of my Office besides they would be disgusted and would probably go off which I would by all possible means avoid till I am made acquainted with the determination of yourself and the other Governors it being the general opinion of People here that in such an Event a Creek War would immediately take place and by the Intelligence I can procure I think it probable they are right. COLONIAL RECORDS. 167 Matters being in this situation I have not sent any directions for the Boats with the Presents to return because that may be done in sufficient time after the return of the Express for them to be at Dorchester if any Congress do take place there. I have the honour of being with the greatest respect. Sir your Excellency's most obedient and most humble servant JOHN STUART. His ExcelleY Tho8 Boone Esqre Copy of the Lower Creeks Talk alluded to in Mr Stuart's Letter. Sepr 16t 1763. We Headmen of the Lower Creeks have heard bad Talks and are desirous to hear the Truth when we were young Men the Governor of Charles Town always spoke good and friendly to us and told us that the path should be strait and white to the Nation and it is our desire it should so continue and to let the Governors see our good Intentions We Headmen of the Lower Towns will still hold the English fast by the hand It is the Great God above that gave us the knowledge so to do. We have heard a word amongst us which has put us in a Fright and don't know what to do till we hear the truth we were intending down to Augusta till this news came up amongst us for we saw the Great King's Talk and it was a very good one; We all got together to hear it and agreeable to the White Peoples desire we intended to go down, it was not we Lower Towns only that were sent for it was all the English Friends the Upper Towns do not intend to go down and we are afraid that if only the. Lower Towns go we might be detained till the Upper Towns came down and thereby might lose our Horses. These three Rivers are all one People and the Upper Towns do not want to go down but we dont throw away the White People's Talk and we desire the Governors to send us word whether we Lower Towns may be dispatched when we go down When the Governors see this Talk they may consider and think that we have some Reason for not coming down at the time appointed it seems you keep your Talk very private but there is nothing to be hid from the Red People there was a Red Man from the Tuckabackers went 168 COLONIAL RECORDS. down with the White People and when he got to Augusta the White People desired him to go back immediately and he came away according to their desire as he returned back he overtook a Gang of packhorses and kept Company with them to the Oakmulses and a White Man told him several things but whether it be true or not we cannot tell, this Man that brings us this News is an old man and would not tell Lies we have heard that the Governor of Charles Town intends to buy our Lands from us as far as Ogeeche and as high up as Broad River and the Governor of Savannah intends to buy from us as far as the Fort of Alatamaha and the Governor of North Carolina intends to buy as far as the Oconies The Lower People desired this Man not to speak of this to any of the Towns where the number was committed but keep it secret till we heard the Truth and we have sent down a Red Man with the White Man and We desire that the Red Man and the White Man may be paid for their trouble All at present from your Friends. Indian Ellick. Cusselaws Hoyanny Chehaws White Cabbin DO War King D~ Scotch Man Cussclaws. Lieut: Barnard's Talk to Captain Ellick, Hoyanny, White Cabbin, War King, Scotch Man and other Head Men and Warriors of the Lower Creek Towns. The Talk you sent by Sam' Thomas and one of your own people I shall forward to the Governors by the first opportunity but as you require an answer forthwith I acquaint you that there is not one word of Truth in what you have heard you have seen the Great King's Talk and say its a good one hold fast by that and you will have nothing to fear the Great King is desirous of making you a happy People and the Governors and Beloved Man who are to meet you at Augusta invite you with all their other Friends and Brothers of the Red People to convince you of his good Intentions and not to ask for your Lands they dont want any of your Lands you see it is the Great King's Talk that you shall keep your Lands and you may rely on his word he never alters. COLONIAL RECORDS. 169 You'll soon be convinced when you see the Governors and Beloved Man at the Meeting that they only want to brighten the chain of Friendship with their Friends and Brothers the Red People and to give them a few Presents to let them see that the Great King remembers his Red People as well as his White Children. Continue in your first mind come down and see the Governors they will be.here at the time appointed your hearts will be glad and you will return home with joy. You must not give ear to such Talks they are made by bad designing People the White People will never throw you away but continue your fast friends for ever. From your Friend &c: Present. i TH()MAS BOONE Their Excellencies { TH UAS DOBBS ARTHUR DOBBS & The Hon'ie FRATCIS FAUQUIER. MI' Stuart's Letter, Creeks Talk & Mr' Barnard's reply being read the following Letter and Talk were agreed on and sent by an express in answer vizt. Chal Town. 18th October 1763. SIR, We last night received your Letter of the 15t' instant and are sorry you met with any difficulty's in bringing the Indians down to Dorchester from your account we have little reason to suppose that the Congress will be general and if that is the case it cannot be so effectual as was intended but that we may be liable to no blame in spite of the inconveniences which present themselves on every side in spite of the impossibility which Kalteisen represents of getting a Waggon to Augusta We have resolved to set out as soon as possible and give you this information by Express that the Indians now there may wait with less impatience As those with you knew several Nations were to be invited could they think it probable that all would be punctual to the time The Cherokees were not at Fort Prince George the 10t' and tho we must wait the return of Colonel Randolph's vessel we apprehend that some Indians will be after us at Augusta For the satisfaction of those 170 COLONIAL RECORDS. now assembled we inclose a Talk which you will deliver them and use your endeavours to prevail upon them to stay till our arrival but if you cannot succeed we must beg you to let us know by Express that we may not by proceeding to Augusta encounter difficulties and suffer inconvenience to no purpose We hope to set out by Monday at farthest. And are Sir your humble servants THOO BOONE. ARTHUR DOBBS. FRAN: FAUQUIER. John Stuart Esqre Superintendant &" at Augusta. We have detained Wm Kalteisen to conduct us to Augusta. Copy of the Talk inclosed to Ml' Stuart for the Indians at Augusta. We the Governors to the Great King George of his colonies of South and North Carolina and Virginia entertained hopes of seeing our brothers of the Indian Nations at Dorchester in South Carolina there to brighten the chain of Friendship between the White and Red Men according to the directions we have received from the Great King our Common Father for that purpose which chain we are desirous to hold fast by one end and if you are inclined to lay strong hold on the other nothing hereafter will be able to break a single link of it and our Friendship will last as long as the sun shall shine or the Waters flow and to convince you that our Talk is strait and that we do not talk with double Tongues We are determined to set out to meet you at Augusta since you find the difficulties so great to come so near to Charles Town No difficulties can stop us tle Great King's appointed Governors from executing his orders. We have been informed of the evil News you have heard that the Governors intended to possess your Lands. We take this opportunity to assure you in the King's name that you have been misled by ignorant people who do not know the Great Kings Intention which has been communicated to us his officers. and that no such intention is harboured in the breast of any of us. The Great COLONIAL RECORDS. 171 King's design in ordering all his Governors to act in concert as one Man and in inviting all the Nations bordering on these Colonies to hear his Talk was directly contrary to what you have heard for we shall there declare that your Lands will not be taken from you. And this is to be done before you all and not in secret that no Nation of Indians may be ignorant of his gracious Intentions and of his fatherly care of the Red as well as the White. We have sent this Talk previous to our coming but which we shall follow immediately to convince you of our sincerity and to indaceyou to remain at Augusta till our arrival that the Great King's Orders may be strictly complied with. THOb BOONE. ARTHUR DOBBS. FRAN: FAUQUIER. Done at Cha' To SO Carolina 18th Oct: 1763. By their Excellencies command. Fenwicke Bull Secy And then the undermentioned Letter was sent by Express to His Excellency Govr Wright. Cha8 T~ So Carolina 18th Oct:br 1763. SlI, Having last night received a Letter from M' Stuart mentioning the disinclination of the Indians now assembled at Augusta to proceed downwards to Dorchester that nothing may be wanting on our parts to fulfil his Majesty's directions We have agreed to set out for Augusta by Monday at farthest. And as M' Stuart informs us that you are apprized by Lieutenant Barnard of the Indians Resolution to come no farther we take it for granted we shall meet you at Augusta. We are with great regard Sir your Excellency's most obedient & most humble servants THOS: BOONE. ARTIUR DOBBS. FRAN: FAUQUIER. His Excell"Y James Wright Esq'6 0 172 COLONIAL RECORDS. The Ways and Means to raise supplies to pay Contingencies such as Express &c: &c: being debated and duly considered the following Expedient was approved of as the ensuing Letter will more filly explain vizt Chas TO S~ Carolina 18th Oct: 1763. SIR We have this day drawn a Bill of Exchange on you for ~100 Sterling at 30. days sight in favour of Robert Raper Esqr in consequence of your Letter of the 11th June to Governor Boone regarding the Indian Presents which arrived safe presuming that by this time you are in cash for their amount and that the residue of the money given for this service remains in your hands if we should be mistaken we beg you will present our Bills to the Secretary of State that they may be duly honoured for no other Method is pointed out to us how we should defray the contingencies of this Southern Congress. We are Sir your very humble servt THOS: BOONE ARTHUR DOBBS. FRAN: FAUQUIER. To Mr Samuel Smith Merchant in Cheaton Street. London. Exch" ~100 Stg. Chas Town 18 Oct: 1763. SIR, At thirty days sight pay this first of our Exchange (second and third of the same Tenor and Date not paid) to Robert Raper Esqre or his order the sum of one hundred pounds sterling being for value rec'd of him for the contingencies to the Southern Congress. We are Sir your honbie servts THOS: BOONE. ARTHUR DOBBS. FRAN: FAUQUIER. To Mr Samuel Smith. Cheaton Street London. COLONIAL RECORDS. 173 Which Bill being ordered to be sold the Secretary Fenwick Bull did sell the same to Mji Raper for ~271. Currency the present price of Exchange and the said money was ordered to be vested in the hands of the said Fenwick Bull as Treasurer to enable him to answer contingent demands relative to this Southern Congress and that he be accountable for the same. Thursday 20th October 1763. Arrived Col~ Randolph from Georgia in the scout Boat and brought the following letter from His Excellency James Wright Esquire vizt Savannah 18th Oct: 1763. GENTLEMEN, I had the honour to receive yours of the 14th inst: last night by Col~ Randolph and another this morning by Joyner and had the Indians proceeded down to Dorchester I should have set off immediately for Charles Town in order to have contributed to the utmost of my power every thing that might appear necessary on the occasion but this morning I received Letters from Augusta in which 1Vr Stuart acquaints me "That after explaining to the Indians the motives that induced the Governors to alter the Place of Meeting he put the question whether or not they would proceed to Dorchester to which both the Chickesaws and Creeks answered flatly in the negative that he then desired to know if they would wait the return of an Express which he would immediately dispatch to the Governors which they also at first refused. But after much persuasion he had prevailed on them to wait the ten days at the Expiration of which time they will undoubtedly go away if none of the Governors get there." I am therefore to acquaint your Excellencies that agreable to what I wrote you in my last I shall proceed to Augusta instead of doing myself the pleasure of waiting upon you in Charles Town. I am with great regard your Excellencies most obedient and most humble servant JAMES WRIGHT. Their Excellencies Thos: Boone. Arthur Dobbs & the Honble Fran: Fauquier Esquires. 174 COLONIAL RECORDS. Fort Augusta 20th Oct: 1763. GENTLEMEN, Last night I was honoured with your Excellencies Letter of the 15t' current enclosing a copy of Govr Wright's letter of the 11th and your Answer and before now Govr Boone must have received my letter of the 16th by express in which I fully informed him of my transactions with the Indians and of their absolute refusal to proceed to Dorchester The Lower Creeks and Cherokees will be here this day being only a few miles off. The Upper Creeks of whom a considerable number are here remain firm in their determination to proceed no farther into the Settlements and their resolution will determine the Chickasaws. A regard to your Excellencies conveniency induced me to acquiese in your proposal of altering the place of meeting and to use my utmost endeavours to reconcile the Indians to that measure altho I then expressed a doubt of being able to prevail on the Creeks to proceed further into the Settlements. Having had no intelligence from the Upper Creeks Chactaws and Chickasaws or answer to the invitation I sent them on the part and by order~of the King to meet your Excellencies and me upon the special service we have in charge I could not be certain of success and I did not doubt but your Excellencies had resolved on the measures to be pursued by you in case of a disappointment I am conscious of having done my duty by endeavouring to remove their Jealousies and using every argument that occured to me to induce them to proceed if the Indians be privately tampered with (which I suspect) it must be by4he Traders the very Channel thro which I am obliged to converse with them my best endeavours to engage the good offices of the Traders on this occasion have and shall not be wanting but my Influence may possibly to very insufficient for as matters are now situated. They have nothing either to hope or fear from my authority as superintendent but perhaps Mr Wright's endeavours may be more efficacious and I learn that he is soon expected. Upon the whole as I shall use all possible means to accomplish what I came about If I fail I hope to be free from censure and blame. COLONIAL RECORDS. 175 I have the honour of being with the greatest respect Gentlemen your Excellencies most obedient humble servant JOHN STUART. Their Excellencies Thos: Boone. Arthur Dobbs & the I-Ionl'l Fran: Fauquier Esq'r P. S. The Cherokees are just arrived. I am sorry to hear that a Boat with some Presents on board her is sunk in this River. I send down two boats to lighten the rest which are said to be deep loaded which however shall not prevent any Directions you may think fit to send relative to the Presents being complied with. Fort Augusta 23rd Octber 1763. GENTLEMEN, On the 21st late at night I had the honour of receiving your Excellencies letter of the 18tl inst: I am sorry to acquaint you that my endeavours to carry the Indians to Dorchester have proved unsuccessfiul the Creeks and Chickesaws will not think of going one step farther of the Upper Creeks there are now here about seventy including some women there will be a few from the Lower Towns of that Nation who are now at Mr Galphins. Agreable to your Excellencies desire I went yesterday to the Creek Camp where I convened the Chickesaws Catawbas and the Chactaw King. I delivered to them your Ex0"Y Talk and having waited some time desired to know their answer They told me they had no particular answer to give that they had heard your Talk and should think of it I was surprised at the indifferent dissatisfied behaviour of the Creeks but I soon after discovered the cause the Interpreter came to me in less than an hour after I left them and acquainted me that all the Creeks were setting out on their return home one of their Nation who for many years had resided in the Chickesaw Camp near this Place went to his Countrymen yesterday in the morning and told them that we had determined to take revenge for the late Murders committed by the Mortars and that some particular People amongst them were pitched upon as the 176 COLONIAL RECORDS. Sacrifice; they were naturally alarmed and would all have gone off without my knowing the reason if the affair had not been made known to us by the Chickesaw Leader. I immediately sent for some of their Head Men who I endeavour to convince that what had been told them was false and desired that the Indians from whom they had received this Information should be brought to the Fort this Forenoon that I may have an opportunity of talking to him before their faces I look for them in less than an hour. The Cherokees are all arrived abot Three hundred including Women and Children almost all the Head Men in the Upper and Lower Towns are among them The Great Warrior sends word by the Little Carpenter that the Creeks have bad Intentions and that his Presence at home is absolutely necessary to prevent his young men from going to War against them that this is the true cause of his not being here and not any Jealousy or Doubt of his personal safety. The Indians being perpetually going and coming I cannot be exact as to Numbers but think there are 500. or more including the Lower Chickesaws. If your Excys have any particular commands I shall with the greatest chearfulness execute them being with the greatest respect Gentlemen your ExcYs most obt and most humble servant JOHN STUART. Their Exeys Tho: Boone Arthur Dobbs and the Honbl Fran: Fauquier Esq'" Copy of M3r Colberts Journal as inclos'd in the Superintendant's Letter to the Govr" vizt Augusta 13th July 1763. I set out with an Express to the Upper Creeks Chactaws and Chickasaws. 19th I arrived in the Okehoys and called all the Head Men of the Upper Creeks together and.was well treated there by pointing their Guns at me. COLONIAL RECORDS. 177 23d' I set out from the Chactaw Nation on the way I met with Mr John Buckles & three Chactaws one of which went back with me. 29th I arived in the Chactaw Nation and on my arrival I called all the Ieadmen of the Chactaws together and there delivered my message. But none cf the Headmen of the French party would come to hear it: The Talk was very agreable to them of the English Party and they all with one consent agreed to come down. Angst the 3rd I arrived in the Chickasaw Nation (Two days before my arrival there) there came a Chactaw Fellow from the Brud Camp giving an accot that the Creeks had killed the Chactaw that went to the Brud Camp with Mr Buckles and that he the same Fellow narrowly made his escape. Four Chickasaws that had been at War and having strayed from the rest of their gang came on a Camp of People and killed three French men and two English women and took a Negro Boy alive. 5th I had Talk with the Headman of the Chickasaws and they were all agreed thereto 12th A Runner came to me from the Chactaws and acquainted me that none of them would go down on account of the Creeks being at War with them. 13th This day I sent a Runner back and on the 22d I received an answer that n6ne of them would go down by reason of the Creeks killing one of their People and threatening destruction to them all and that if they should go down it might be a detriment to their Brethren the Chickasaws for which reason they referred it and concluded to go to war to take satisfaction for the man they lost. 25th News came from the Creeks that three White Men were killed and all their Goods taken and that the Mortar threatened to Kill every White 3Man that should come up to the Chickasaw Nation. 28th A Headman came from the Chactaws and desired the Chickasaws to act for them as they would for themselves and the Chactaws would stand to everything or proposal the same as if they themselves were present. 30th The Chickasaws held a Council whether it was proper for them to go down or no, and after five days deliberation they con/~~~~~~~~~~~~~ 12 178 COLONIAL RECORDS. eluded to go down and pitched on the 7th day of Sepb'r for their setting off. Sept 17th I arrived at the Brnd Camp and there met with very bad Talks hearing of the Creeks threatening to kill the Chickasaws. 23rd I set out from the Brud Camp. 25tl I arrived in the Waukakoes with the Chickasaws and was well treated there. 29th I arrived in the Ockehoys with the Chickasaws and there I invited the Ockehoy King down. All the reason he had for his not coming was that the Governor would not send him a Negro Boy to mind his Stock -while he came to see the Governor. 27th The Chickasaws had a Talk in Ockehoy Square giving very good talks and the Ockehoy King told the Chickesaws that if it was good talk that the Governors gave below it would be better times than ever has been But if bad talks he would not cut his Land in pieces and give it away to the White People for nothing. Wednesday 2d Nov. 1763. Arrived at Fort Moore on Savannah River in the Province of South Carolina their Excellencies Thomas Boone, Arthur Dobbs and the Hon''T Fran: Fauquier Esqr &c: &c: &c: from Charles Town when their Excellencies sent over to Augusta to His Excellency Governor Wright to inform him of their arrival and that they proposed to meet him the next day at the King's Fort Augusta at 10 o'clock in the morning to proceed to Business. And His Excellency Governor Wright by return of the said Messenger informed their Excellencies of his readiness to meet them agreable to their Proposal. Augusta in Georgia. Nov. 3d Hora 10. Present Their Exc's James Wrigh. Arthuir Dobbs. Theo Boone. The Hon'"'1 Fran: Fauquier Esqr's With John Stuart Esq' Superintendan.t &' of Southern Indian affairs. When a Talk was prepared agreed on and ordered to be engrossed and the several Instructors were ordered to inform the respective Indians that the Congress would be opened the next day being Friday the 4tl at 10 o'clock in the morning. COLONIAL RECORDS. 179 And at which time the Governors attended to give their Talk but the Upper Creeks having a desire to consult the Lower Creeks requested that it might be postponed till Saturday the 5th at the same honr and place. Which delay however extraordinary, as they were only to hear, they were notwithstanding gratified in. MEETING OF THE GOVERINORS. Augusta 5th Novr 1763. Present Their Excy ( James Wright Arthur Dobbs. Thos B1oone The IHonl"~ i Fran: Fauquier & John Stuart Esqr8 Chickesaws. Hopoymatohah, Poucherimatahah, I-Ioupastubah Piam atta, I-opoyamingo, IIourahtimatahoh, Hopayamingo, Jockeys son & 20 more warriors &T Chactaws. Red Shoes & Shapaholnah Creeks Capt Ellick, Sampiafi, Boheteher, Sawseekaw, Uppr & Lo Boysoneoha, Hillabasunaga, Firmieho, PoyUpper & Lower )i - ij i p ^ ' -n n hucher, Poyhuchy & their Followers. Over Hills Attakullakulla, Ostinakow Prince of Choti, Willenowaw, Ontori, Shiagusti of shote moitey Fiftoi of Hiowee, The Wolfe I-ookonata, Mankiller of Hoowee, Good Warriors of Estatoi, Young Warrior of Estatoi, the Warrior of Tuxoi &c Middle Settl:tg Will: Headman of Wattogah &" Catawbas Col~ Ayres & his Followers. Total number of Indians about 700. Interpreters. James Colbert for the Chickesaws & Chactaws. James Butler. James Beamer & F or the Cherokees John Watts Stephen Forrest for the Crees & John Proctoreeks And they being sworn Col~ Ayres the Catawba Chief was allowed to interpret for his nation. 1.80 COLONIAL RECORDS. The Conference was opened by Gov' Wright in consequence of its being in his own Province. He observed to the Indians that the day was fair and hoped that the Talks would not prove otherwise That the several Governors had pitched upon Capt Stuart to deliver their sentiments that they were agreed upon the declarations to be made to the Indians and desired them to pay attention to what MI' Stuart uttered as they were the words of all the Governors And each respective Governor for himself desired the Indians to look upon what M' Stuart said as said by the respective Governor himself Mr Stuart accordingly begun as follows Friends and Brothers, We are come here in the name and by the command of the Great King George who under God the Master and Giver of Breath is your and our Common Father and Protector. The Talk you are now to hear is from the Great King and ordered to be delivered to you by four Governors of different Provinces and the Superintendant who is equally connected with all for this reason he is pitched upon to be our mouth. Our words our hearts our intentions are the same. As our respective Provinces join together so are our interests inseparable. No Conference was ever intended to be more general none more friendly. This is not a partial Meeting of one Nation of Indians with one Governor but the Great Kings good disposition towards his red children is to be communicated to you in the presence of one another. His goodness is as extensive as the Dominions he possesses At a time when he has nothing to apprehend from any enemies he opens his arms to receive his red children and he does it the rather at this juncture as he knows the insinuations and Falsehoods which have been formerly circulated among you by the perfidious and cruel French. We desire you to recollect in how many instances they have misled and deceived you, you will remember their lies and have been the dupes of their proinises. They are never easy unless engaged in mischief themselves or when engaging others. Incapable of supplying your wants they endeavor to detach you from your best and only friends the English. COLONIAL RECORDS. 181 The great King who wishes to extend the commerce of his subjects to live in Peace and Friendship and relieve the distress of all Mankind bore with uncommon patience the repeated insults and excessive cruelties which the French alone could perpetrate. To cruelty they added Treachery and Perfidy. Fair speeches were in their mouths but mischief in their hearts and when they did not act openly themselves they deceived and instigated the Red People to outrages which could only end in separating them from the White People with whom they ouglft for the advantage of both to be united. At length when the Great King saw his moderation disregarded his children plundered and destroyed and that the French were resolved to contend with him for superiority that one Country in short could not hold them both he then exerted himself like a man and in a short time defeated and humbled that perfidious enemy and also the Spaniards who by the fatal and mischievous Practices of the French had been involved in the quarrel. The King has now given Peace to both nations and to prevent the revival of such disturbances and troubles by repetition of such dang'erous proceedings and for this purpose only he insisted in the Treaty of Peace that the French and Spaniards should be removed beyond the River Missisippi that the Indians and White People may hereafter live in Peace and brotherly Friendship together. It will be your Faults if this does not happen for we are authorized by the Great King to give you the most substantial Proofs of our good intentions and desire to live like Brothers with you. If you bring the same Friendly disposition what can you desire more than the repetition of the assurances already given you by the King's orders with regard to your Lands which we now from our hearts confirm. Do we not act like Friends & Brothers when we declare that all past offences shall be buried in oblivion and forgiveness & this we do because we are persuaded that the French imposed on your credulity & deceived you. Do you wish for anything more than to be plentifully supplied with goods by the White People who alone can supply you this we promise you but it must also depend on yourselves for those Nations where Traders reside must provide for their security or no man will stay with them. 182 COLONIAL RECORDS. Besides this we engage as far as we can for ourselves and those under our controule to manifest an attention to your Interests and a readiness to do you justice upon all occasions. Lastly we promise you faithfully and solemnly that those Forts now ceded to us by the French shall be employed for your Protection assistance and convenience and for tie better carrying on Trade with you by which we all shall be benefitted. Consider now likewise men whether this is the language of ill designing people whether there is any occasion at this time to make you such friendly assurances unless it was our intention to keep our words. The White People value themselves on speaking Truth but to give still greater weight to what we say the Great King has thought proper as we observed before that his four Governors and the Superintendant from a great distance should utter the same words at the same time and to remove every Umbrage or Jealousy that you should all hear them in Presence of one another in case we should ever hereafter act contrary to our declarations. JAMES WRIGHT. ARTHUR DOBBS. ' THO8 BOONE. FRAN: FAUQUIER. JOIN STUART. Given at Fort Augusta in the Province of Georgia 5th Nov: 1763, by order of their Excys. Fenwicke Bull, Secy. His Ex"Y James Wright informed the other Governors that if their Secretary Fenwicke Bull was in want of an assistant to copy Talks or any business relative to the congress he had with him an able Gentlemen 'Mr Box Secretary for Indian Affairs in his Province of Georgia and he was for the sake of dispatch employed accordingly. And then the Congress was adjourned to Monday the 7t"' of Nov: b" Hora 11'"' at which time the Indians promised to give their Talks. COLONIAL RECORDS. 183 The Talks of the Chickesaw, Upper & Lower Creeks Chactaw Cherokee & Catawba Indians to their ( James Wright } Georgia Excellencies Arthur Dobbs Esqrs GovrS of. N~ Carolina Thomas Boone S Carolina The tlonh'T Fran: Fauquier Esqre Lient: Govr of Virginia and John Stuart Esqre Agent and Superintendant of Southern Indian Affairs at Fort Augusta the 7th & Tuesday the 8th November 1763. James Colbert Interpreter for the Chickesaws. Pia Matta a Chickesaw Leader delivered himself to the following effect: That he had been a long time and would give his Talk first and then give leave to the Creeks That the day was at length come on which he hoped to see his dearly beloved Brother of Charles Town and also the other Governors And now the day has come he will give his Talk that he is come to return thanks for the services already done them and says that if it had not been for the assistance of their Excellencies he should not have been here at this time -le was the man that sent Express when in want of things and is ready to give any Proofs of his attachment to the English you must not look on him as on other Indian Nations for he is true and trusty He and his are few but faithful that he has no fault to find as none have been found with them That we of late heard of no Mischief being done by the Chickesaw that he looks on the White People and them as one That they are as good Friends as if they had sucked one breast Altho his skin is not white his heart is so and as much so as any White man-He has now done on that subject and and will proceed to something else. lie wants not to imitate other Indian nations and declares he cannot do without the White People and that lie believes it is the same case with all the Red People he cannot find out the reason why other People are not as he is he leaves it to the Governors to find it yet he will give his sentiments vizt He and every one with him are of opinion that so many White men being among the Indians as Traders is the occasion thereof and he thinks in time it may be his case to act like other Red People the great number of Traders create disturbances between the Red and the White People He has a very great regard for the White People but they have not for one another. This is from his heart and he hopes to be believed The young People may become outrageous and mischief be done because 184 COLONIAL RECORDS. the Traders will not stay in one place and before he can interpose harm may happen he hopes not to be doubted as to the Truth He therefore desires that the Head men may be asked & they will confirm what he says He never saw either of the Governors yet was always in their Interest as having heard well of them and is willing to convince them in any shape. He has now given his Talk and would be glad of an answer. Which request being considered he was desired to proceed and he should have an answer to the whole at once He then went on as follows vizt Many White People go through his Towns to trade with the Chactaws He wou'd not have the whole stopped the number only lessened And upon his being asked what number would be sufficient to supply his own Towns He replied High Rider and John Brown were enough and he desired no more. Pouchymatyhad the second Man of the Chickesaws then said it is not out of any I]l will to other Traders but that the two above mentioned have always been with them I-He is heartily glad to see his Brothers here in good health and that he only reminded his brother Pia Matta relative to the above two Traders. Creeks talk. Stephen Forrest Interpreter. Captain Ellick for the Upper and Lower Creeks delivered himself thus: IHe is glad to see you all here a-hd having received a good talk will now give his vizt It is not his own speech but of the whole nation put into his mouth by them the Talk is much the same as formerly given there is no need of variation all the Headmen Upper and Lower have given their Talk and heard that of the Governors with satisfaction and as for the Absentees of the Creeks they have sent word they will abide by the Proceedings of those Present. Formerly they had a good Talk from the great King George and such shall always remain with them that the Lower Towns were always well inclined and as for the White People he desires they may remain quiet amongst them. Telletcher the second Creek then declared that the Red People were formerly ignorant but God Almighty and the King of England had made them otherwise, and proposed that the Lands above the Rocks should remain Unsettled and that the Line between the White People and the Indians hunting grounds should run from the Rocks down to Savannah River and the other way from the said COLONIAL RECORDS. 185 Rock to M' Galphin's Cow Pen from thence to the Lower Ford on Ogeechy River near the Settlement of one Lambert and from thence to cross to Santa Sevilla to the Alatamnaha River. Little River by no means to be settled but from thence ---- He talks nothing but good Talks and hopes none others will That the Children in the Place described may grow up and flourish. The White People may settle the inside of the River St Johns to Augustine. St Johns (a Marsh) the Spaniards only possessed the English must not exceed the same Bounds as from thence is their Iunting Grounds he has described the Bounds of the Lands to the White People and hopes they will make no Encroachments upon them. And then Capt Ellick said that the Lands he was settled upon were run out and as the Governor of Georgia knew nothing of it he desires to know fromn the four Governors the Reasons of it. Then Telletsher said that no settlements should be made by the White People at Pensacola but within the ebbing and flowing of the Tide. Mobile to be settled in the same manner the Tide to determine the Line. The path shall be kept open to the traders that are peaceable of the Brud (or Chickesaw) Nation lie is very glad to see the Governors and gives a good Talk and hopes it will be received as such. Samnpiaffi or Fool Harry then said as the Governors had heard the rest of his Nation lie hoped they would hear him and then desired them not to suffer any People to trade in the woods but to go into the Towns to Trade no Rum to be sold to the Indians in the woods because the young People there got drunk and disposed of their Skins for that Commodity and so were unable to pay their Debts to the Traders in the Nation which frequently occasioned Quarrels and Mischief among them. He speaks boldly before the Whites and Red and that the Reds often send Runners for Rum which he desires may be prevented and if the Governors will not forewarn the White People he will not kill them but he will take all they have from them and ask if they are French or Spaniards. The Young Twin said his Father was a Great Man he behaved well, when he died the White People thought proper to deceive him 8. years since and none but bad Talks have been since then 186 COLONIAL RECORDS. because he was a boy. A Commission was given him for Peace but as blood has been spilt he desires to return his Commission as he is not minded in the Nation being young th5 he gives up his Commission yet he will hold to the White People. Mico Hatkee a Coweta King informed that his brother died on the Path and that he went to Savannah and Governor Wright gave him a Commission which he produced. Mustisiqua having declared to the same effect finished the Creeks Talk. Colbert Interpreter for the Chactaws. Red Shoes the Chactaw Leader declared he was a new friend his Talk is not long and he hopes t'will be accepted. The invitation sent up by the four Governors and the Great King was received chearfully and intended to be complied with by the whole nation but an Accident happened on the path which prevented their coming down He is now come to affirm his attachment he always was faithfull the Peace between him and the Chickesaws and him hath been faithfully Keep. Now he wants his nation to be under the English as well as other Red People and as a proof of his sincerity anything required of their Nation he will to the utmost of his power comply with. Watts Interpreter for the Clerokees. Judd's Friend desires he may be listened to this is the day appointed as well by the Great Being above as by the Governors he is now as well with his Red Brothers as the White People and desires the Governors and Captain Stuart may see the Testimonial the Great King George presented to him in England he hath and always will take care of the same (which Testimonial is a Certificate of his having been at the Peace of Williamsburg in Virginia and obtained leave to go home to England in a Man of War was graciously received there and sent back again in a ship of War). And then the Prince of Choti said now you Governors are all here and Captain Stuart he desires you will all smoke and then he will give his Talk and when they had all smoked with him he proceeded and said now you beloved Men are met together he is a beloved Man as well as you he knows nothing that niay happen the Being above only knows, he has a house at Choti where the beloved talks are made and all the Warriors may hear he has made a Path from Choti to the English he hopes nothing will ever spoil it he gave a string a Beads with three knots and said the middle knot COLONIAL RECORDS. 187 represented Fort Prince George the one end his Town of Choti the other Charles Town and he hopes the Talks and Paths will always be straight the King George has sent a good Talk the Path shall always be kept straight to hear good talks. Then Attakullakulla the little Carpenter observed that it was a great while since he heard the Invitation but he is now come down and will give his Talk. You are all acquainted with his good opinion of King George and there is no need of repetition twas at his own Town he heard this Invitation and he is now come and is glad to see the several Nations. Gave a String of Beads --— and then said the great Warrior had a Talk with him before he came away but he is now gone down the River to look after his people the Great Warrior sent Beads as a Testimony of )lis Friendship for the White People and good Intentions towards them. Gives the Warrior's Beads. Choti is the beloved Town and there is none but good Talks he hopes to hear none else He lives at the farthest Towns and all that passes between the Governors and him shall be remembered and the path kept straight this is the day that the Great Being above made for this purpose and that we below know nothing The King sends his Messengers with all necessaries and he hopes will always continue to supply them. Gives a Belt of Wampum some of the young men have been Rogues but tis over and he hopes the Governors will forget it he will endeavour it shall be no more repeated he pities all in distress and will do all in his power to help them. Gives another Belt of. Wampum. He hopes you are unanimous he has lost some of his people but as you forgive he will he promises you to make reparation for fiture Injuries and hopes you will do the same and that there may be no more bad TalksGives a String of Beads His Overhills Brothers have sent down a String of Beads with their Talk which shall be a good one. As we came along many of the Warriors of the Valley were at a loss to know what the Invitation meant and they have sent beads to be informed. He has but one Tongue and hopes that there will be none but good Talks he has lost overhills men and lower Towns yet he hopes the children now will grow up in peace. Gives a String of Beads. It is very rare at this Town to see any Goods brought amongst them which distresses them niuch he expects to see Goods brought amongst them that they may purchase with their Skins &3 As his People 188 COLONIAL RECORDS. are now a hunting if the Traders will come with goods they shall with safety if anything happens twill be supposed to be done by the Northward Indians Enemies to the Cherokees as well as White People. He is now to beg leave that a Trade may be carried on over the mountains and a price set on the goods some people did come from Virginia but had exorbitant prices and got their Skins almost for nothing they being in distress he took little notice then as he was soon to see you he did not know but that the Governors had given such orders as respected the prices but as he was present before the Governors he wanted the matter cleared up and lie (Attakullakulla) gave a Talk to the several Nations of Indians viz. He has now met all the Red People of various Nations and will now give his Talk to them. lie has heard a many Lies from the Coersaws and that way but he is now intending to make the Path straight he says the Governors by the Great King's Orders sent for them all together and not to dwell together in enmity but like friends and brothers. He desires all people here will remove Blocks that may obstruct the Path to and from Choti he says the beloved Headman of Choti sits under a White Flag and wishes to preserve it from Blood and any one who may make it otherwise will be foundl out He says in the Spring of the year some of his People and Hunting were killed among the Creeks (not by desire of the beloved men) but it will be no more thought on as he hopes they will not be guilty of the like again he or his people bear no ill will to the Southward Indians but the Northward Indians are troublesome when any mischief is done they are always sure to find out who they are as a little bird always tells from the top of a Tree. He has no more to say but promises to Keep clean his Path in future aud hopes they will do the same. *Gave a String of Beads. The Prince of Choti presented a pipe and some Tobacco as a Testimony of Friendship between the Cherokees and White People. Captain Ellick (a Creek) mentioned the frequent stealing of horses by both the Creeks and White People and proposed the preventing it for the future. 4 COLONIAL RECORDS. 189 Col~ Ayres chief of the Catawbas said (in English) he always minds the White People the King George's Talk and four Governors are all good, to day all the people meet here, he hears all the Red people and the White right well and they Talk good (Gives a String of Beads) these are white beads all none black all for King George and the four Governors they all send a Talk a good Talk to the Red People he and his People are as White Men and is well pleased with what he has heard he did and will keep it to his heart he goes to sleep and rises but never loses the Talk of the White People The Catawbas and he are all of one mind. All the Indians that are now good their children should be suffered to grow up he has very little to say he lives among the White People and came to hear the Talks of Others he holds fast his commission receives none from the French and in consequence of his commission from his Brethren the White People he came to hear the Talks of others. He informed the Governors his Land was spoilt he had lost a great deal both by scarcity of Buffalos and Deer they have spoiled him 100. Miles every way and never paid him his hunting Lands formerly extended to Pedee Broad River &" but now is driven quite to the Catawba Nation if he could kill any deer he would carry the meat to his Family and the skins to the White People but no Deer are now to be had he wants 15. miles on each side his Town free from any encroachments of the white People who will not suffer him to cut Trees to build withal but keep all to themselves. After having finished his Talk to the Governors he presented Strings of White Beads to each of the Nations of Indians in which he desired them to observe there was not one black one amongst them and that he presented them as tokens of the Friendship he professed for them all and which he desired might continue. Augusta. Tuesday 8th Novr 1763. Present Their Excellencies the Governors Superintendant Interpreters Indians &' as at the Congress yesterday The Reply to the Indians requiring more time than was expected the Governors informed them that it should be delivered the next day being the 9tb at 11 o'clock in the morning. But in the mean time if any of the Tribes of Indians had any thing to add to their former Talks the Governors were ready to hear them, when Ellick a Creek 190 COLONIAL RECORDS. Indian (by the Interpreter) said the four Governors here are all belov'd and he is appointed to speak, he saith half of his body is English and half Indian therefore he holds both by the hands the Talk the Governors gave was in writing he cannot write yet his heart is the same in Inclination he now speaks for the Upper Miiddle and Lower Towns and acknowledges that the King was good in giving such a Talk. Second Creek added as the King had been so good to forgive and give them a good Talk he is in hopes the children will grow up without interruption on either side there is a Road to Charles Town and the Line of Ogeechy is the Line for the White people to grow. between. And then Ellick resumed and said to prevent any further disturbances the Upper Part of the Ogeechy's shall be the hunting grounds beneath that free for the White People. First when this Country was settled Savannah River was the Boundary and any Negro Horse &" that strayed beyond the same was returned as a Gratuity formerly agreed upon. But now the ()geechy is the Boundary any Negro Horse Cattle &t that exceeds such bounds he declares openly and in the presence of all the Governors he will seize and keep. They were then reminded that the Gratuity formerly offered for returning such negros &~ subsisted upon which they agreed to comply with the Terms. Attakullakulla or the little Carpenter, by Watts the Interpreter said many White People are assembled here and he is very glad to see them White People are settled beyond the long Canes they may stay there but must proceed no farther the White People and his are as one and when they meet in hunting good behaviour may be by and between both. The Lands towards Virginia must not be settled nearer the Cherokees than the Southward of New River HIunting is their Trade and they have no other way of getting a living. Gave a string of Beads. Now he is before the Governors he desires they will order Traders to his Town there is a plentifill store at Keowee but it is a long way from him and it is very hard work to carry Leather over the Mountains and a long way for the women to fetch any small matter he desires good Traders staid Men, not rioting Fellows who commit disturbances 8. Traders will be sufficient and to have them placed in the Towns. COLONIAL RECORDS. 191 Gave a String of Beads & Wampum. He desired to have Traders sent him from Virginia when he was desired to explain whether he did not address the four Governors he replied that one or more Traders might come from each therefore he addressed the four Governors and as King George had ordered him Goods he hoped the Governors would send them accordingly. He has now done and will be glad to be on his journey home as soon as their Excellencies please to dispatch him. Salui the young Warrior (Beamer his Interpreter) said he had heard the Talk from the Great King George that the people of his nation had been often to Charles To-wn to hear Talks he never was therefore he came to see the Governors he never is inclined to be at Meetings but is well pleased with what he has heard and hopes the Governors are also. As the Warriors are now done he will speak and begs to be heard he says some time ago twas cloudy all was darkness but it is now clear and he hopes all will be forgiven and then nothing offensive shall be more repeated The Great King George in Pity hath taken them into favour and as the day is bright and clear he hopes twill ever be so on the Path. The Warriors who have been in England had a right to speak first but now he informs that his heart is as firm to the English as ever in his Life lie sees all around his Friends both Red and White People that the White People of Georgia were the first that gave them goods after the War he now hopes to have a supply from Charles Town there are goods at Keowee plenty but people who live 8 or 10. miles distant and want Trifles find it hard to send or go to Keowee for them. The Lines run out between the English and them he is satisfied with tho they are small for his People. The White People settled at or near Long Canes he desires not to remove but none more to settle nearer the Cherokees. After reminding again concerning the Traders he declared he had finished his Talk. And gave a String of Beads. Augusta 9th Novr 1763. At a full Congress of the Governors Superintendant Indians &c the Replys were delivered as follows. Answer of the several Governors and the Superintendant to Pia Matta the Chickesaw Leaders Talk. (Colbert Interpreter) Friend Brother and Ally 192 COLONIAL RECORDS. We the several Governors and Superintendant are extremely pleased with the Talk you delivered the day before yesterday as our eldest Brother you began replying and gave an Example to the other Indians your Talk was as straight and as grateful as your conduct has been for these many years we acknowledge your Fidelity we have had repeated Proofs of it and we hope that by this Meeting the chain of Friendship which has long united us will receive additional strength and Brightness. The words you have uttered are those of a wise and generous man and such as Experience has taught you, you observe that you cannot do without the White People this is most certainly true but it is as certain that by preserving your heart entirely English by making their Enemies your Enemies & their Friends your Friends you have felt no wants whatever. The Great King has liberally supplied you he has convinced you that let his children be ever so remote let seas or mountains separate them that as long as they behave faithfully as you have done they never will be cast off. You say that the number of Traders which pass through your Country to the Chactaws and the too great number which trade with your People breed disturbances which you may not always be at hand to prevent You now shall have a Reply to both these remarks. By the cession of Mobile to the English the Chactaw Trade will be carried on from thence because it will be more convenient to both English and Indians so that from this time you will have no complaints of that Kind to make Your other request that High Rider and Brown only should traffick among you has been considered by us as your Friends and we are persuaded that some White Man for his own Interest has imposed upon you. You may believe us as the Great King's beloved -Men that when the Trade is in few hands the price of Goods is always higher, but if you give a preference to the Traders you have mentioned you are under no obligation to buy Goods of Others if High Rider and Brown are Your Friends deal with them only but they are more likely to continue to use you well when you have other Traders to resort to in case they abuse you. This advice comes from us all and we give it because we esteem and value you. We have nothing further to add but that you may safely rely on the continuance of that friendship and assistance which the Great King has always given you. COLONIAL RECORDS. 193 To the above they seemed satisfied. Previous to the answer of the Creeks, Forrest (the Interpreter) being desired to ask Capt Ellick on behalf of himself and Brothers if he understood the Line as settled yesterday he answered in the AffirmativeThen the Reply was proceeded on vizt. Friends and Brothers In reply to the answer of you-the Creek Indians-to the Great King's Talk the Governors and Superintendant say that your repeated assurances that your hearts and the hearts of your whole people (for whom you speak) are straight and good toward the Great King George and his subjects they receive cordially and that such friendly declarations as these duly observed on your Parts you may depend shall be properly regarded by us who will continue to exercise the King's great Benevolence and Goodness towards you agreable to his Talk given you at our first Meeting. The complaint made of straggling People going about the Woods between Augusta and the Creek Country and carrying them and others Things to trade with such Indians as they may meet with when hunting is a mischief which we are sensible of and what we are very desirous of putting a stop to and you may be assured that everything which can be done shall be done in order to prevent such Practices. You have also mentioned that if any Negros run away or Horses or Cattle stray into your Grounds that you will seize upon them and keep them but with respect to these two Points you must recollect and well remember the Treaties and Agreements you have formerly entered into with the White People and that you are not to do any Mischief or Damage to them or take away their property or take any satisfaction yourselves against the White People-But if you think you receive any injury you are to make your Complaint to the Governor of the Province who will always be ready to hear you and do you justice and this is the method you must observe and not attempt to do any Mischief to the White People or take away the Goods and Horses of such as you may find trading in the Woods for that would be contrary to your former Engagements which are still binding and must be observed and kept but you must complain against them to the Governor. And you well remember that by a former Treaty you are allowed a Reward for taking up any Negros that run away from their Masters and you will still be rewarded for 13 194 COLONIAL RECORDS. taking up any such. You know it is very difficult to prevent Negros from running away and Cattle and Horses from rambling and it would be unjust in you to claim them as your own for straying into your Lands at the same time you may be assured that the utmost care will be taken to prevent it. And here we think it necessary to observe that great complaints have been made by the Traders that some of you have stolen their Horses and refuse to deliver them when found in their possession Also by several of the Inhabitants that you wantonly kill their Cattle and that even since the holding of the Congress several Cattle in this Neighborhood have been wantonly shot and the Carcasses left on the spot. If these things be true it is not agreable to the Friendly Declarations made by you and we expect that nothing more of this sort be done for the future. We have examined the Commission delivered by Thougulskie (the young twin) and have heard and believe that his Father was a good King and Warrior in the Creek Country and we hope Thougulskie may be so too but we shall not interfere with you in the choice or appointment of your Emperors or Kings but whenever you shall agree amongst yourselves upon the Election or Choice of an Emperor we shall be ready to confirm such choice. Capt Ellick has mentioned a claim to his settlements at Santa Sevilla which he says has been run out as to which the Governors observe that they know of no Survey being made on any Settlement of his that if any such thing has been done it is without their Privity and if the lands are really his nothing that has been done can affect his property thereto but he will continue to enjoy them. You have proposed enlarging and extending the Boundaries or Limits of the Lands to the westward which may be settled by the White People. And this you declare to be in gratitude and return for the great clemency and generosity shown to you by his Majesty and which in his name we agree to accept of so that for the future the Settlements of the White People are to extend up to Savanah River to Little River and back to the Fork of Little River to the end of the South Branch of Bryer Creek and down that Branch to the Lower Creek Path and along Lower Creek Path to the main stream of Ogeechee River and down the main stream of that River just below the Path leading from Mount Pleasant and from thence in a strait Line cross to Santa Sevilla on the Alatamaha River and COLONIAL RECORDS. 195 from thence to the Southward as far as Georgia extends or may be extended to remain to be regulated agreable to former Treaties, and His Majesty's Royal Instruction a Copy of which was lately sent to you. And this Matter may be more particularly mentioned and described in the Treaty which we shall propose now to be made between us. N. B. Upon an explanation of the Boundary Line in the Talk to them, they were again asked if they clearly understood it. To which they all (and the Wolfe King in particular) answered in the affirmative. And as to what you have mentioned about the Lands to the Southward of Georgia near St Augustine Pensacola and Mobile. These are Matters that the Great King has not empowered us to talk with you about. He has appointed Governors for those countries who will soon come over and be there And we shall acquaint them with what you have said and must leave you to talk with,them and settle that matter for we cannot do anything in it. Reply to Red Shoes the Chactaw Leader-Colbert, Interpreter. Friend and Brother Your Talk was but short but we are well satisfied with it, we are sorry for any accident which prevented more of your People from complying with the Great King's Invitation As they are not come you must be more carefull to remember what you have heard and relate it to your Nation, you desire to be under the English as the other Red People are Do you behave as well as the faithful Chickesaws your Friends and you will meet with the same Treatment from the English Probably long before you get home plenty of English goods will be in your Nation. In your Transactions with the White People take the Chickesaws for your Pattern they have reaped the advantage of our Friendship and we sincerely hope that your whole nation will embrace the offers of good will which we have made you and that one heart only may be in the bosoms of the White People and the Chactaws With this Talk Red Shoes was well pleased, To the Cherokees (Watts Interpreter) Cherokee Friends & Brothers. The Governors and Superintendant observe with pleasure the good dispsoition with which you are come to this Meeting apparent in your Talks and in your Countenances and the just sense you 196 COLONIAL RECORDS. shew of the Great King's kind and fatherly Intentions to you and all his Red People and children. In your answers to the Talk delivered from him you mentioned two Points to each of which you will now receive particular answers. The first relates to the Trade carried on between the White People and your Towns the other to the Lands on which the White People are settled. As to the Trade you have Goods sent among you by almost all the Colonies over which we preside but the prices you are inclined to give for Goods are so small that few Traders choose to carry goods into your Towns you must consider that if Traders do not make an advantage of their Goods they will not carry them. You would do the same yourselves. The Trade of South Carolina stands on another Footing. At the same Time the Path into your Towns was but lately cleared from Blood to preserve it clean to prevent the same Mischiefs from being repeated which had been occasioned by the madness of your young men and the misbehaviour of our Traders a Factory was settled at Keowee and a Trader whom we may depend upon for using you well established there. Plenty of Goods are constantly kept for your supply and the Price as low or lower than any private Trader can afford them This regulation the Province of South Carolina cannot alter because it has been laid before the King. It is in his power and in his alone to make an alteration and until this is done South Carolina has not the Power of Sending Private Traders. In North Carolina there are no Indian Traders at all either to your Nation or any other. And as to Virginia the Traders there are free to carry up their Goods or not as they find their advantage there are no Laws to compel them to go or to restrain them from going. Every man carries up his goods as he thinks proper & sets such prices upon them as he judges will answer his Expence in carrying them up into your Towns you are also free to purchase them or not as you approve of the prices set upon them And all we have to add on. this subject is that the Government of Virginia sets no Prices on the Goods sent up to you but leaves you and the Traders to agree upon the Price in such manner as is suitable to you both. We shall now come to the other point relative to Lands you COLONIAL RECORDS. 197 have complained of Settlements being made on the part of Virginia to the Westward of the new River and desire no further Settlements may be made there-In order to comply strictly with the' Great King's Instructions Copies of which you have among you and that we may in no shape deceive you we will explain the state of those Settlements. By a former Governor and above Twenty years since a large Grant of Lands in that part of the Country was made to one Col~ Patten who under that Grant sold out Parcels of Land to People who settled there. In these Settlements you have acquiesced without complaint to this Time as they are at a great distance from your Country. Another large Grant was also made by the Great King just before the breaking out of the War with the French but those Disturbances prevented many persons settling under that Grant and by the King's late Instructions to the Governor of Virginia no land can be granted even as far as the Eastern Banks of that River and in obedience to that Instruction not a foot has been since granted upon that River so that you have nothing further to apprehend on that account. And we now take this opportunity to confirm you in your Security by assuring you that on the Return of the Governor of Virginia into His Colony all Treaties will be carefilly examined and punctually observed and you may depend on strict justice being done to you. It is possible some Idle person may set down on Lands without any Authority whatever but this you ought not to consider as an Act of the Government which does not nor ever will countenance and protect people settling in that Manner but heartily concur with you in removing them on Complaint made by you to the Governor for that Purpose. In relation to the Settlements above Long Canes in South Carolina, those Settlements were allowed and agreed to in the Treaty of Peace signed at the close of the last War by Lieut: Govr Bull & Attakullakulla between the White People and your Nation. And then the Interpreters were ordered to inform' the several Nations of Indians that the Great King had sent them presents as a Mark of his Esteem for them and that the four Governors & Superintendant should agree in the Distribution and the Superintendant would then deliver them. 198 COLONIAL RECORDS. To Col~ Ayres and Brothers of the Catawbas. It gives us great pleasure and satisfaction to find that the good Talk which we gave you from Our Great King and Father of both the Red and White Children is so satisfactory to you as you have always been fast Friends to all his White children so our King and Father holds out his arms to receive and protect you from all your enemies and is very sensible of your constant Love and Friendship for all your White Brothers and you may be assured of his confirming to you all your just claims to your Lands and Hunting Grounds pursuant to the Agreement made between your Nation and his Governor of South Carolina and M' Atkins his Superintendant of Indian Affairs upon your having a Fort built for your Protection from your Enemies when you deserted your old Towns which was then agreed upon on both sides to be a square of Fifteen Miles to be laid out on both sides of the Catawba River and part of the Line was actually surveyed. If you stand to your former Agreement your Lands shall be immediately surveyed and marked out for your use but if you do not your claim must be undecided till our Great King's Pleasure is known on the other side the Waters. The Talks being given to the Indians the Cherokees acknowledge of their own accord that they had claimed more than were their Hunting Grounds and what they now desired was that they might not be molested in hunting as for as the Spring Head of Holstein River. They desired the Governors to write to M- Wilkinson at Keowee to send Goods from thence to Estitoi to which t'was replied that the Governors had it not in their power the Great King had ordered it otherwise. The Catawbas upon appearing satisfied with the Line of 15. Miles square were informed that a new Survey should be made and when the Line was run the People settled within should be removed and no new Warrants granted them or any others to settle within those Limits. Upon which they desired a new Line should be run out immediately. The Catawbas being asked if they approved Col~ Ayres as their Chief or Emperor answered unanimously Yes. In consequence of such their Declaration the Governor and Superintendant accepted him. COLONIAL RECORDS. 199 Then the question was put to the respective Chiefs of the several Tribes of Indians whether in consequence of their good Professions towards the English they were inclined to enter into a Treaty of Peace &O in Writing for that Purpose and they all consenting thereto were informed that on the morrow being the 10th of Novbr they were to assemble at the same place at 11 o'clock when such a Treaty should be ready to be signed by the Governors, Superintendant and them. The Prince of Choti made Overtures of Peace and Friendship to Pia Matta the Chief Chickesaw which being accepted the Prince of Choti gave him a String of White Beads. The Young Warrior and Tiftoi (Cherokees) had friendly Talks with Mustisiqua and Fool Harry (two Creeks) and give Beads to each of them. At a Congress held at Augusta in the Province of Georgia on the 10t of Nov: in the year of our Lord God 1763. by their Excellencies James Wright. ) Georgia Arthur Dobbs. Esq" Governors N Carolina Thoe Boone ) S( Carolina The Honble Francis Fauquier Esqre Lieut: Gov: of Virginia and John Stuart Esqre Agent and Superintendant of Southern Indian Affairs. A Treaty for the Preservation and continuance of a firm and perfect Peace and Friendship Between His most sacred Majesty George the Third by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth and the several Indian Chiefs herein named who are authorized by the King's Head Men and Warriors of the Chickesaws Upper and Lower Creeks Chactaws Cherokees and Catawbas for and in behalf of themselves and their several Nations and Tribes Article 1st That a Perfect and perpetual Peace and sincere Friendship shall be continued betwv n His Majesty King George the Third and all his subjects and the several Nations and Tribes of Indians herein mentioned that is to say the Chickesaws, Upper and Lower Creeks, Chactaws & Catawbas and each Nation of Indians hereby respectively engages to give the utmost attention to preserve and maintain 200 COLONIAL RECORDS. Peace and Friendship between their People and the King of Great Britain and his subjects and shall not commit or permit any kind of Hostilities injury or Damage whatever against them from henceforth and from any cause or under any Pretence whatsoever And for laying the strongest and purest foundation for a perfect and perpetual Peace and Friendship His most sacred Majesty has been graciously pleased to pardon and forgive all past offences and injuries And hereby declares there shall be a general Oblivion of all Crimes Offences and Injuries that may have been heretofore committed or done by any of the said Indian Parties. Art: 2nd The Subjects of the Great King George and the aforesaid several Nations of Indians shall forever hereafter be looked upon as one People and the several Governors and Superintendant engage that they will encourage Persons to furnish and supply the several Nations and Tribes of Indians aforesaid with all sorts of Goods usually crrried amongst them in the manner in which they now are and which will be sufficient to answer all their Wants. In consideration whereof the Indian Parties on their Part severally engage in the most selemn manner that the Traders and others who may go amongst them sball be perfectly safe and secure in their several persons and Effects and shall not on any account or pretence whatsoever be molested or disturbed whilst in any of the Indian Towns or Nations or on their journey to or from the Nations. Art: 3d The English Governors and Superintendant engage for themselves and their successors as far as they can that they will always give due attention to the Interest of the Indians and will be ready on all Occasions to do them full and ample justice. And the several Indian Parties do expressly promise and engage for themselves severally and for their several Nations and Tribes pursuant to the full Right and Power which they shall have so to do that they will in all cases and upon all occasions do full and $Apple justice to the English and will use their utmost endeavours to prevent any of tbeir People from giving any disturbance or doing any damage to them in the Settlements or elsewhere as aforesaid either by stealing their Horses killing their Cattle or otherwise or by doing them any r COLONIAL RECORDS. 201 Personal hurt or injury And that if any damage be done as aforesaid satisfaction shall be made for the same to the Party injured and that if any Indian or Indians whatever shall hereafter murder or kill a White Man the Offender or Offenders shall without any delay excuse or pretence whatsoever be immediately put to death in a public manner in the Presence of at least two of the English who may be in the Neighborhood where the offence is committed. And if any White Man shall kill o1 murder an Indian such White Man shall be tried for the Offence in the same manner as if he had murdered a White Man and if found guilty shall be executed accordingly in the presence of some of the relations of the Indians who may be murdered if they choose to be present. Art: 4.tl Whereas Doubts and Disputes have frequently happened on account of Encroachments or supposed encroachments committed by the English Inhabitants of Georgia on the lands or hunting grounds reserved and claimed by the Creek Indians for their own use. Wherefore to prevent any mistakes Doubts or Disputes for the future and in consideration of the great marks of Clemency and Friendship extended to us the said Creek Indians. We the King's Head Men and Warriors of the several Nations and Towns of both Upper and Lower Creeks by Virtue and in Pursuance of the full Right and Power which we now have and are possessed of Have consented and agreed that for the future the Boundary between the English Settlements and our Lands and hunting Grounds shall be known and settled by a Line extending up Savannah River to Little River and back to the Fork of Little River to the Ends of the South Branch of Briar Creek and down that Branch to the Lower Creek Path and along the Lower Creek Path to the Main Stream of Ogeechee River and down the Main Stream of that River just below the Path leading from Mount Pleasant and from thence in a Line cross to Santa Savilla on the Mhatamaha River and from thence to the Southward as far as Georgia extends or may be extended to remain to be regulated agreeable to former Treaties and His Majesty's Royal Instruction a copy of which was lately sent to you. And We the Catawba Head Men and Warriors in Confirmation of an Agreement heretofore entered into with the White People 13i 202 COLONIAL RECORDS. declare that we will remain satisfied with the Tract of Land of Fifteen Miles square a Survey of which by our consent and at our request has been already begun and the respective Governors and Superintendant on their Parts promise and engage that the aforesaid survey shall be compleated and that the Catawbas shall not in any respect be molested by any of the King's subjects within the said Lines but shall be indulged in the usual Manner of hunting Elsewhere. And we do by these Presents give grant and confirm unto his most sacred Majesty King George the Third all such Lands whatsoever as we the said Creek Indians have at any time heretofore been possessed of or claimed as our hunting grounds which lye between the sea and the River Savannah and the Lines herein before mentioned and described to hold the same unto the Great King George and his successors for ever. And we do fully and absolutely agree that from henceforth the above Lines and Boundary shall be the mark of Division of Lands between the English and Us the Creek Indians notwithstanding any former agreement or boundary to the contrary. And that we will not disturb the English in their Settlements or otherwise within the Lines aforesaid. In consideration whereof it is agreed on the Part of his Majesty King George that none of His subjects shall settle upon or disturb the Indians in the Grounds or Lands to the Westward of the Lines herein before described and that if any shall presume to do so, then on complaint made to the Indians the party shall be proceeded against for the same and punished according to tho Laws of the English. In Testimony whereof we the underwritten have signed this present Treaty and put to it the Seals of our Arms the day and year above written And the several Kings and Chiefs of the several Nations and Tribes of Indians have also sent their Hands and Seals to the same at the Time and Place aforesaid. COLONIAL RECORDS. 203 dv0' ^/ A A i^; y^) A<^^*j^.;c44aa ~%<AA 4-^*~IA&/'6 X' 4 / 4 ^2 4^ S i/^t* 7L4f ( n5~ t ^oAa t A(Y9 ^ffLFiu4b f6o^e/ai,? '$~K F/-ia< t ')nahhf(cy} ) Be~Y4 Oyale.....*Ae 4i jge,4~L ~ec 4 f2,e^ ~Z the General Congress at which time the Guns of Fort Augusta were discharged as they were at the opening of the Congress. The Indians were informed that the Presents woull begin to be distributed to them the following day by their Beloved Man the Superintendant to which they appearing satisfied their Excellencies and the Superintendant withdrew into the said Fort of Augusta and ordered the following letter to be engrossed and sent to the Secretary of State vizt 204 COLONIAL RECORDS. \ Augusta in Georgia 10th Nov:ber 1763. MIY LORD, In obedience to the King's commands signified to us severally by your Lordship by Letters of the 16th March we have met the different Chiefs of the Chickesaws, Chactaws, Creeks, Cherokees and Catawbas and have used our utmost Endeavours to carry His Mlajesty's Intentions into Execution. The Removal of the French and Spaniards from the ceded Places which your Lordships meant the Indians should be apprized of by us they were before acquainted with. This was unavoidable. The dispatching of Invitations to Nations so remote as the Chactaws and Chickesaws necessarily took up a great deal of time their Consultation upon them not much less and their Journey hither still more However my Lord we do not apprehend that their receiving the above Intelligence from other hands has been detrimental to the King's service The Chickesaws ever faithful to the British Interest are perfectly satisfied with the change The Chactaw Leader now in Confederacy with the Chickesaws had before made repeated Offers of declaring against the French provided he was supplied with English Goods and seems well pleased with the Neighborhood of the English whose assistance he had before courted. We have in our reply to him given him reason to expect that by the time he reaches home there will be Traders in his Nation by the way of Mobile and We beg leave to recommend to your Lordship that the Chactaws being supplied with goods from that Quarter as a Measure necessary to confirm them in their present possessions and to render them independent of the Creeks against whom they may be a very useful Check when their supplies are no longer so precarious as they now are by passing through the Creek Country. The Creeks had been represented to be very ill disposed the murders they had committed were frequent even subsequent to the Receipt of your Lordships Letter since the holding of the Congress tho amply supplied with Provisions they have been accused of wantonly killing the people's Cattle yet their Talks have been more friendly than we expected and their voluntary offer of an augmentation of Boundary of Georgia upon the King's forgiveness of all past Injuries being signified to the'm supposing their Professions sincere and t]e Chiefs of consequence enough to act for the COLONIAL RECORDS. 205 whole Nation which they declare they do is certainly as strong a Proof as they can at present give of their Good Will. It will be necessary however to mention to your Lordship that we have been privately cautioned by the Leader of the Chickesaws against confiding in the Creek professions he says he knows them that nothing done here will be confirmed by the absent Leaders in comparison of whom the present Chiefs are inconsiderable. The Cherokees in their Intelligence have gone still farther but as they seem on the point of a War with the Creeks, their Testimony is to be suspected. Though the Talks will convey to your Lordship our opinions of the different Dispositions of the Indians yet we thought necessary to add thus much and to acquaint your Lordship that the Cherokees seem very Pacific but mortified at the refusal of Traders from South Carolina which the Act now in force there prevents being gratified with. And we beg leave to observe to your Lordship on this Head and that the general Promise of Goods which we have made by the Kings orders to the respective Indians requires such a performance as it is impossible circumstanced as we are to be answerable for we have no coercive Power over Traders. Your Lordship will pardon us for suggesting that there never was a time more seasonable for the establishing the Commerce with Indians upon a general safe equitable footing and which we are afraid will never be done by respective Provinces. The Catawbas Boundary as before agreed upon is now confirmed and they are well satisfied with it. Permit us to refer your Lordship for all further particulars of the Congress to the original Papers which we shall have the honour of transmitting with the utmost dispatch and to hope we have faithfully executed the King's commands and approved ourselves, VMy Lord your Lordships most obedient & most hb'l servants JA: Wright ARTHUR DOBBS. THOb BOONE FRAN: FAUQUIER To JOHN STUART The Earl of Egremont His Majesty's principal Secretary of State for the Southern Department. &" &C &C 206 COLONIAL RECORDS. Then the Secretary being ordered to withdraw Their Excellencies &~ were pleased to agree that he should out of the Fund in his hands pay M' Box the sum of ten pounds ten shillings sterling for assisting Fenwicke Bull their said Secretary at the Congress and that the said Fenwicke Bull should from the same Fund pay himself Fifty two pounds ten shillings sterling as a Gratuity for the executing his Office At the same time ordering him to write a fair Copy with Marginal Notes &c with all possible dispatch after his arrival in Charles Town to be forwarded to the Earl of Egremont His Majesty's principal Secretary of State for the South District &" &e &" &c and also that he procure 50. copies of the same to be printed from the said Fair Journal for the use of the Secretary of State Sir Jeffery Amherst (the four Governors Superintendant &" who attended at the Congress) and that they be also sent to the Northward America Governors and to those of the new ceded places that they may be informed of the proceedings at the said Congress. Charles Town South Carolina Novber 21st 1763. SIR, Since we had the pleasure of seeing you Governor Boone has received a Letterfrom M' Samuel Smith of London Merchant acquainting him that he had a Ballance in his Hands from the money issued by the Treasury amounting to ~354. 2. 11. over and above the costs and damages of the Presents which h'e was ready to pay to Governor Boone's Order towards the expence of distributing the Presents and contingencies of the Congress We have therefore agreed to draw for the whole to add ~47. 10. 0. sterling more to the Gratification of 50. guineas already agreed to be given to Mr Bull in consequence of our thinking that he will have much more trouble than we at first imagined and that it will be necessary he should take a good deal of pains with the Papers to be transmitted to the Secretary of State the Remainder will be deposited in the Hands of the Superintendant to be applied towards the incidental Expences of the Congress. We should have been glad to have had your Concurrence but as this fresh step appears perfectly reasonable to us we have no doubt but it will be equally agreable to you & are &c THOS: BOONE ARTHUR DOBBS.. FRAN: FAUQUIER His Excy James Wright Esqro COLONIAL RECORDS. 207 Charles Town SO Carolina 21st Nov'er 1763. SIR, In consequence of your Letter of Advice dated the 10th Augst to Iis Exccy Govr Boone We have this day drawn Three Bills of Exchange on you for the Ballance vizt 1 at 30 Days in favour of the Honf'le Fran: Fauquier for 50. 1 at Do in favour of Willm Stead for 100: 0:0 1 at D0 in favour of j 104: 2: 11 sterl: ~254: 2: 11 Amounting to Two Hundred Fifty Four Pounds Two Shillings & Eleven Pence Sterling which please to honour. We are (&e0 TI-IOs BOONE. ARTHUR DOBBS FRAN: FAUQUIER MIlr Samuel Smith Cateaton Street London. Fair Copy of the Journal of The Congress at Augusta, transcribed by FENWICKE BULL Secry Rec' Jan.ry 26th 1764 [ B. P. R. O. So: CAROLINA VOL: 20 M. 102. Governor Boone to the Lords of Trade & Plantations Charles Town SO Carolina Nov: ber 24th 1763. MIY LORDS. In my Letter to your Lordships of the 15th of Sep: ber I had the honour to acknowledge the receipt of His Majesty's Instructions for the establishing a temporary Line of Jurisdiction between this Province and N~ Carolina I have since by advice of Council agreed with Govr Dobbs that two Commissioners on the part of each Province shall be appointed and the line begun to be run the 1lt day of March; In the mean time to quiet the Settlers I have issued a Proclamation containing the Substance of the King's Instruction and enjoining a forbearance from all sorts of violence and have procured Govr Dobb's consent that all process should mutually be stayed and no Warrants of survey issued by either of us I hope my Lords that this conduct of mine will be acceptable to your Lordships and that you will be pleased to recommend that the expence of running the Line be defrayed out of the quit rents and a War 208 COLONIAL RECORDS. rant upon the Receiver General sent me for that Purpose to be made use of in case the Province should refuse to provide for the expence which I am apprehensive of and upon a suspicion of which the Gentn of the Council have advised me to make the application to your Lordships The whole expence will be within ~300. Sterling. I have the honour to be My Lords, your Lordshp" most obt & most humb1' servant. THO: BOONE. Recd FebTY, 1764 Read July 19th f. 1766. [B. P. R. O. S~: CAROLINA B. T. VOL: 21. N. 35.] [Extract.] Charlestown. June 9. 1766 MY LORDS I had the honor to acquaint your Lordships some time ago that I had ordered a Boundary Line to be run between the Cherokee Indian and the Settlers of this Province I have now the satisfaction to acquaint your Lordships that the Line is actually run and marked and for ascertaining the Geography of this Country thereabouts I had it measured. It extends 27. miles South and 18. North of the said Cherokee Road. I thought it proper on this occasion to issue a Proclamation notifying the same to all persons concerned. As the Boundary between this Province and North Carolina is not settled in those Parts I would not presume to carry the Line further than Reedy River nearly the 35. degree of Latitude lest it should be His Majesty's Pleasure that the Line of Partition run in the year 1764. should be continued from the Catawba Lands in that Paralell. And your Lordships will please to permit me to observe that if the continuation of the Line of Partition shall be according to that Degree of Latitude the North West B oundary of this Province will be contracted to the small extent of about forty five miles. *%- -* X- ** *% - '* COLONIAL RECORDS. 209 I have the honor to be with the greatest respect My Lords Your Lordships most obedient & most humble servant Wm BULL. To the Right Honbe the Lords Commissioners for Trade & Plantations at Whitehall. Reed July 25. 166. Read " 29. 16 [B. P. R. O. PLANTATIONS GENERAL B. T. VOL: 52. P. 289.] Martin Howard Esqre Chief Justice of North Carolina. July 29th 1766. GEORGE R. Trusty and Wellbeloved we greet you well Whereas we have taken into our Royal consideration the loyalty Integrity and Ability of our trusty and wellbeloved Martin Howard EsqTr We have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under the seal of our Province of North Carolina constituting and appointing him the said Martin Howard our Chief Justice of and in our said Province in the room of Charles Berry Esqrc deceased to have hold exercise and enjoy the said Office unto him the said Martin Howard for and during our Pleasure and his residence within our said Province together with all and singular the Rights Profits Privileges and Emoluments unto the said Place belonging in as full and ample manner as the said Charles Berry or any other person hath formerly held and enjoyed the same with full power and authority to hold the supreme Courts of Judicature at such places and times as the same may and ought to be held within our said Province and for so doing this shall be your warrant. And so we bid you farewell. Given at our Court at St James's the twenty ninth day of July 1766. in the sixth year of our reign. By His Majesty's command RICHMOND &C 14 210 COLONIAL RECORDS. 1767. [B. P. R. O. PLANTATIONS GENERAL B. T. VOL: 52. P. 309.] Samuel Strudwick Esqre to be of the Council of North Carolina. Febuary 20th 1767. GEORGE R. Trusty and Welbeloved, we greet you well We being well satisfied with the Loyalty Integrity and Ability of our Trusty and Welbeloved Samuel Strudwick Esqre have thought fit hereby to signify to you our Will and Pleasure that forthwith upon receipt hereof you swear and admit him the said Samuel Strudwick to be of our Council in our Province of North Carolina in the room of Richard Spaight Esqrc deceased and for so doing this shall be your warrant, and so we bid you farewell. Given at our Court at St James's the 20t' day of February 1767. in the 7th year of our reign. By His Majesty's command. SHELBURNE. To our Trusty and Wellbeloved William Tryon Esqr' our Cap tain General and Governor in Chief in and over our Province of North Carolina in North America or in his Absence to the President of our Council or Commander in Chief of our said Province for the time being. [B. P. R. O. AMi: & W. IND: VOL: 106.] At the Court at St James's the 13th of February 1767. Present. The King's most Excellent Majesty in Council. Upon reading this day at the Board a Representation from the Lords Commissioners for Trade and Plantations dated the 6th of last month setting forth that Richard Spaight Esq1T one of His Majesty's Council for the Province of North Carolina is dead and that Samuel Strudwick Esqre hath been recommended to them as a person every way qualified to serve His Majesty in that station and therefore proposing that he may be appointed of His Majesty's said Council for the Province of North Carolina in the room of the COLONIAL RECORDS. 211 said Richard Spaight Esqre deceased. His Majesty in Council approving thereof is pleased to order as it is hereby ordered that the said Samuel Strudwick Esqrc be constituted and appointed a Member of Iis Majesty's said Council for the Province of North Carolina in the room of the said Richard Spaight Esqre deceasedAnd that the Right Honourable the Earl of Shelburne one of His Majesty's principal Secretaries of State do cause th'e usual Warrant to be prepared for His Majesty's Royal Signature accordingly. ROBERT WALPOLE. [B. P. R. O. AMERICA AND WEST INDIES VOL. 106. P. 103.] At the Court at St James's the 13th day of April 1767. Present. The King's most Excellent Majesty in Council. His Majesty in Council having this day approved of fourteen new seals for the following Islands and Provinces in America viz: Jamaica Barbadoes Leward Islands Bahama Islands Nova Scotia Massachusets Bay New Hampshire New Jersey New York Virginia 'North Carolina South Carolina Georgia. Is hereby pleased to order that the Right Honourable the Earl of Shelburne one of His Majesty's principal Secretarys of State do cause Warrants to be prepared for His Royal Signature for transmitting the said Seals to the Governors of the said Island and Provinces empowering them to make use thereof And Iis Majes ty's said principal Secretary of State is hereby further ordered to cause the said Warrant and New Seals to be transmitted accordingly And to require the said Governors respectively to return the old seals to the Council Office at Whitehall in order to their being defaced by His Majesty at this Board. W. BLAIR. 212 COLONIAL RECORDS. [B. P. R. O. PLANTATIONS GENERAL B. T. VOL: 52. p. 320.1 Thomas McGuire Esqre to be Attorney General of North Carolina. May 22nd 1767. GEORGE R. Trusty and Welbeloved We greet you well Whereas we have taken into our Royal Consideration the Loyalty Integrity and Ability of our Trusty and Welbeloved Thomas M0Guire Esqre We have thought fit hereby to authorize and require you forthwith to cause Letters Patent to be passed under our Seal of our Province of North Carolina for constituting and appointing him the said McGuire our Attorney General of and in our said Province in the room of Robert Jones Junior Esq~ deceased to have hold exercise and enjoy the said office of our Attorney General unto him the said MCGuire during our Pleasure and his residence within our said Province together with all and singular the Rights Salaries Fees Profits Privileges and Emoluments thereunto belonging and for so doing this shall be your Warrant and so we bid you farewell. Given at our Court at Stt James's the 22nd day of May 1767. in the seventh year of our reign. By His Majesty's command. SHELBURNE. To our Trusty and Welbeloved Wm Tryon Esqre our Captain General and Governour in Chief in and over our Province of North Carolina in America or in his absence to the President of our Council or Commander in Chief of our said Province for the time being. [B. P. R. O. AM: & W. IND. VOL: 106.] At the Court at St James's the 26th day of June 1767. Present. The King's most Excellent Majesty Arch Bishop of Canterbury Earl of H-arcourt Lord President Earl of Shelburne Duke of Grafton Viscount Townshend Duke of Queensberry Viscount Howe Lord Steward Viscount Barrington Earl of Huntingdon Viscount Clare COLONIAL RECORDS. 213 Earl of Denbigh Viscount Villiers Earl of Litchfield Lord Sandys Earl of Cholmondeley James Stuart Mackenzie Esqre Earl of Marchmont James Oswald Esqre Earl of Bristol Sir Edward Hawke Earl of Ashburnham. Whereas the Governor Council and Assembly of his Majesty's Province of North Carolina did in the year 1764: pass three acts which have been transmitted intitled as follows vizt "An act for the more effectual suppressing of Felonies and Punishment of Counterfeiters of the Paper Currency of this Province and of Virginia." "An act for rendering more effectual the Laws making Lands and other real estates lyable to the Payment of Debts." "An act confirming the Title of William Dry Esqe to certain Lands therein mentioned. Which acts together with a Representation from the Lords Commissioners for Trade and Plantations thereupon having been referred to the consideration of a Committee of the Lords of His Majesty's most Ionourable Privy Council for Plantation Affairs the said Lords of the Committee did this day report as their opinion to His Majesty that the said acts olght to be repealed. His Majesty taking the same into consideration was pleased with the advice of His Privy Council to declare his disallowance of the said acts and pursuant to His Majesty's Royal Pleasure thereupon expressed the said acts are hereby repealed declared void and of none effect-Whereof the Governor or Commander in Chief of His Majesty's said Province of North Carolina for the time being and all others whom it may concern are to take notice and govern themselves accordingly. ROBERT WALPOLE. 214 COLONIAL RECORDS. [B. P. R. O. AM. & W. IND: VOL: 106.] At the Court at St James's the 26t' day of June 1767. Present. The King's most Excellent Majesty. Arch Bishop of Canterbury Earl of Harcourt Lord President Earl of Shelburne Duke of Grafton Viscount Townshend Duke of Queensberry Viscount Howe Lord Steward Viscount Barrington Earl of Huntingdon Viscount Clare Earl of Denbigh Viscount Villiers Earl of Litchfield Lord Sandys Earl of Cholmondeley James Stuart Mackenzie Esqre Earl of Marchmont James Oswald Esqre Earl of Bristol Sir Edward HIawke Earl of Ashburnham Whereas by Commission under the Great Seal of Great Britain the Governor Council and Assembly of his Majesty's Province of North Carolina are authorized and empowered to make constitute and ordain Laws Statutes and Ordinances for the Publick Peace Welfare and good Government of the said Province which Laws Statutes and Ordinances are to be as near as conveniently may be agreeable to the Laws and Statutes of this Kingdom and to be transmitted for His Majesty's Royal approbation or disallowance. And whereas in pursuance of the said Powers an Act was passed in the said Province in May 1765: and transmitted Entitled as follows vizt "An Act for establishing an Orthodox Clergy." Which Act together with a Representation from the Lords Commissioners for Trade and Plantations thereupon having been referred to the consideration of a Committee of the Lords of His Majesty's most honourable Privy Council for Plantation Affairs the said Lords of the Committee did this day report as their opinion to His Majesty that the said Act was proper to be approved-His Majesty taking the same into consideration was pleased with the advice of His Privy Council to declare his approbation of the said Act and pursuant to His Majesty's Royal Pleasure thereupon expressed the said Act is hereby confirmed finally enacted and ratified accordingly-Whereof the COLONIAL RECORDS. 215 Governor or Commander in Chief of His Majesty's said Province of North Carolina for the time being and all others whom it may concern are to take notice and govern themselves accordinglyROBERT WALPOLE. [B. P. R. O. AM. & W. IND VOL: 106.] At the Court at St James's the 24th day of July 1767. Present. The King's most Excellent Majesty in Council. Whereas there was this day read at the Board a Report from the Lords Commissioners for Trade and Plantations together with the Draught of an additional Instruction prepared by them pursuant to His Majesty's order in Council of the 26th of last month for the Governor of his Majesty's Province of North Carolina requiring him to recommend to the Council and assembly of the said Province to pass an act explanatory of an act passed there in May 1765. intitled an Act for establishing an Orthodox Clergy providing that when the Incumbent of any Parish shall be suspended the whole or a reasonable part of the proclamation Money allowed to such Incumbent shall be paid to such deserving Clergyman as shall be appointed to officiate during the Incumbents suspension-His Majesty taking the said Report and Draught of Additional Instruction into consideration was pleased with the advice of His Privy Council to approve of the said Draught of additional Instruction (which is hereunto annexed) and to order as it is hereby ordered that the Right Honourable the Earl of Shelburne one of His Majestys principal Secretaries of State do cause the same to be prepared for His Majesty's Royal Signature. W. SHARPE. 216 COLONIAL RECORDS. 1768. [B. P. R. O. AMERICA AND WEST INDIES VOL: 107. P. 25.] At the Court at St James's the 6th day of July 1768. Present The King's most Excellent Majesty in Council. Whereas there was this day read at the Board a Representation from the Lords Commisioners of His Majesty's Treasury dated the 2nd of this Instant in the words following vizt "We the Commissioners of your Majesty's Treasury beg leave humbly to represent to your Majesty, that whereas by an act passed in the last Session of the last Parliament intituled An Act for the more easy and effectual recovery of the Penalty's and Forfeitures inflicted by the Acts of Parliament relating to the Trade or Revenues of the British Colonies and plantations in America. It is enacted that from and after the first day of September 1768. all forfeitures and Penaltys inflicted by any Act or Acts of Parliament relating to the Trade or Revenues of the British Colonies or Plantations in America may be prosecuted sued for and recovered in any Court of Vice Admiralty appointed or to be appointed and which shall have jurisdiction within the Colony Plantation or Place where the cause of such prosecution or suit shall have arisen and that in all cases where any Prosecution or suit shall be conmmenced and determined for any penalty or forfeiture inflicted by any such Act or Acts of Parliament in any Court of Admiralty in the respective Colony or Plantation where the Offence shall be committed either party who shall think himself aggrieved by such Determination may appeal from such Determination to any Court of Vice Admiralty appointed or to be appointed and which shall have Jurisdiction within such Colony or Plantation or Place-And whereas it will greatly contribute to the due Collection of your Majesty's Revenue and to the prevention and punishment of Frauds committed against the same and will likewise tend to the more speedy and effectual administration of Justice within the said Colonies and Plantations and be agreable to the Intention of the Legislature in passing the said Act that a sufficient number of such Courts of Vice Admiralty be constituted and established at proper and convenient places within the said Colonies and Plantations COLONIAL RECORDS. 217 We humbly submit to your Majesty whether it may not be expedient and necessary for the purposes above mentioned to revoke the Commission appointing one only Court Vice Admiralty over all America and in lieu thereof to establish four other Courts of Vice Admiralty the first at Halifax in the province of Nova Scotia the second at Boston in the Province of New England the third at Philadelphia in the Colony of Pensylvania and the fourth at Charles Town in the Colony of South Carolina: The said Courts to have Jurisdiction within certain Districts to be allotted to them respectively by your Mhajesty And We humbly lay before your Majesty the enclosed plan of Districts proper to be allotted to the said Courts which we submit to your Majesty's consideration each of the Judges of the said Courts respectively to be allowed such Salary as your Majesty shall think proper to be paid in the first place out of your Majesty's Moiety of the money arising from any Penalties and Forfeitures to be levied within the said Colonies and Plantations and if this Fund shall not be sufficient out of the money arising from the sale of old Naval Stores and the said Judges to be expressly enjoined in their Commissions upon pain of loosing their Offices not to take any Fee or Gratuity whatsoever for any Judgment given or "business done in their respective Courts" His Majesty taking the same into His Royal Consideration is pleased with the advice of His Privy Council to approve thereof and accordingly to order as it is hereby ordered that a Commission be passed under the Great Seal authorizing the Lords Conmmissioners of the Admiralty to revoke the Commission appointing one only Court of Vice Admiralty over all America and empowering them in the lieu thereof to establish four other Courts of Vice Admiralty the first at Halifax in the Province of Nova Scotia, the second at Boston in the Province of New England, the third at Philadelphia in the Colony of Pensylvania and the fourth at Charles Town in the Colony of South Carolina as proposed by the aforegoing Representation of the Lords Commissioners of His Majesty's Treasury and the plan of Districts to be allotted to such Courts hereunto annexed —And the Right IHonourable the Earl of Hillsborough one of His Majesty's principal Secretarys of State is to cause a Warrant to be prepared for His Majesty's Royal Signature in order to pass such Commission under the Great Seal accordingly. W. BLAIR. 218 COLONIAL RECORDS. [B. P. R. O. AMERICA AND WEST INDIES. VOL: 107. P. 29.] A Plan of Districts proper to be allotted to the Courts of ViceAdmiralty to be appointed in America. The Court of Vice-Admiralty to be established at Halifax to have original Jurisdiction in all causes arising within the limits of the following Colonies and within three leagues of the shores thereof. Quebec Newfoundland Nova Scotia The said Court to have also original Jurisdiction in all Causes arising from the Capture of Ships to the Nortlhward of the Latitude of 43.15. North or of Ships whose Port of destination shall be within either of the said Colonies. The said Courts to have also Jurisdiction in Appeals from the Courts of Vice-Admiralty established or to be established within either of the said Colonies. The Court of Vice-Admiralty to be established at Boston to have original Jurisdiction in all causes arising within the limits of the following Colonies and within three leagues of the shores thereof. New Hampshire Massachusetts Bay Rhode Island Connecticut. The said Courts to have also original Jurisdictiction in all causes arising from the capture of ships between latitudes of 40. 30 & 44. 30 North or of ships whose Port of destination shall be within either of the said Colonies The said Court to have also Jurisdiction in appeals from the Courts of Vice Admliralty established or to be established within either of the said Colonies. The Court of Vice Admiralty to be established at Philadelphia to have original Jurisdiction in all causes arising within the limits of the following Colonies and within three leagues of the shores thereof New York. New Jersey. Pensilvania The Lower Counties on Delawar Maryland. Virginia. The said Court to have also original Jurisdiction in all causes arising from the capture of ships between the Latitude of 41. & 36. 15 North or of ships whose Port of destination shall be within either of the said Colonies. COLONIAL RECORDS. 219 The said Court to have also Jurisdiction in Appeals from the Courts of Vice Admiralty established or to be established within either of the said colonies-The Court of Vice Admiralty to be established at Charles Town to have original Jurisdiction in all causes arising within the following Colonies and within three leagues of the shores thereof North Carolina South Carolina Georgia East Florida West Florida The said Court to have also original Jurisdiction in all causes arising from the capture of ships to the Southward of Latitude 36. and 45 North or of Ships whose port of destination shall be within either of the said Colonies. The said Court to have also Jurisdiction in appeals from the Courts of Vice Admiralty established or to be established within either of the said Colonies. [B. P. R. O. PLANTATIONS GENERAL. B. T. VOL: 52. P. 366.] George Mercer Esqre Lieut: Governor of North Carolina. Sepb" 14th 1768. GEORGE R. George the third by the Grace of God King of Great Britain, France and Ireland Defender of the Faith &c: To our Trusty and Welbeloved George Mercer Esqre Greeting: We reposing especial Trust and Confidence in your Loyalty courage and Prudence do by these Presents constitute and appoint you to be our Lieutenant Governor of our Province of North Carolina in America to have hold exercise and enjoy the said Place and Office during our Pleasure with all Rights Privileges Profits Perquisites and advantages to the same belonging or appertaining and further in case of the death or absence of the Captain-General and Governor in Chief in and over our said Province of North Carolina now and for the time being. We do hereby authorize and empower you to execute and perform all and singular the Powers and authorities 220 COLONIAL RECORDS. contained in our commission to our said Captain General and Governor in Chief according to such Instructions as are already sent or hereafter shall from time to time be sent unto him or as you shall receive from us and from our said Captain General and Governor in Chief of our said Province of North Carolina now and for the time being and all and singular our Officers Ministers and loving subjects of our said Province and all others whom it may concern are hereby commanded to take due notice hereof and to give a ready obedience accordingly. Given at our Court at St James's the 14t" day of September 1768 in the eighth year of our reign. By His Majesty's command. HILLSBOROUGH. [B. P. R. O. SO: CAROLINA B. T. VOL: 22. 0. 32.] Extract from a Letter of Lord Charles Greville Montagu's to His Excellency Govr Tryon dated Charles Town Novber 29th 1768. The occasion of my troubling you with this Letter is concerning the Boundary Line between our two Provinces the settling of which is so essentially necessary to both. As you communicated to me the temporary Line you proposed applying for to be run, I beg leave in return to send you the Account of one I propose which if you should concur in with me your signifying the same by letter to Lord Hillsborough or authorizing me to do it will much facilitate and expedite the settling it I send you a few reasons at the same time for running it in the way that I have described and for your better understanding me a sketch of it upon Paper. The Line to go from where the due Wt of 1764. intersects the Salisbury Road along the Road till it intersects the South Bounds of the Catawba Lands and there round the Eastern Bounds of the Catawba Lands 'till it intersects the Catawba River and then proceed up that River to that Branch which is called the South Branch and along that to its source in the Cherokee Mountains Reason for it 1St The Catawbas have often expressed their desire to be within this Province which built a Fort for them and fed and cloathed them and their Families during the Cherokee War 2nd1y The course of the South Branch is said to be nearly East from the COLONIAL RECORDS. 221 Mountain and being a natural Boundary will save the expence of surveying and besides the Settlers between the South Branch and the West Line were all defended by our Rangers and fed and clothed by this Province during the Cherokee War. I should be very desirous we might agree upon this plan and I shall be always willing to concurr with you in every Measure that may be for the mutual Interest of the two Provinces. 1769. [B. P. R. O. So: CAROLINA B. T. VOL: 22. C. 32.] (No. 9.) Report. Survey. t Copy of a Letter from Lord Charles Greville Montagu to the Earl of Hillsborough Dated Charles Town 19th April 1769. MY LORD The Boundary Line between this Province and North Carolina not being settled creates great Disorder and Confusion upon the Borders of each Province and Governor Tryon having informed me that he had applied to your Lordship for a Line to be run in a part of the Country that appeared to me would be a great injury to this Province I referred this matter to the consideration of the Gentlemen of the Council, whose Committee drew up a Report upon it which I transmit to you for your consideration together with a survey taken upon the occasion I am &c" CHA8 G. MONTAGU. Report of a Committee of the Council of South Carolina relative to the proposed Boundary Line between North and South Carolina. 4 t The original letter is in America & W. Ind: Vol. 225 also the Report indorsed as above and the "Survey" which is not in So. Car. B. T. Vol. 22. 222 COLONIAL RECORDS. The Committee to whom it was referred to prepare and report such Reasons as may be proper to be urged in behalf of this Province against the Boundary Line between this province and North Carolina being continued as proposed by Govr Tryon in a Letter to Iis Excellency Lord Charles Montagu dated the 11th day of December last and also to delineate such a line as would be reasonable and equitable between both Provinces. Report In order to proceed in the most deliberate manner in the examination of the important matter referred to their consideration they beg leave to state and hope to answer the objections made by Gov' Tryon against making a branch of the Catawba River the Line of Jurisdiction between North and South Carolina and then to offer some arguments from the principles of Policy in general and others founded on equity arising from the particular circumstances and conduct of this Province in support thereof. Governor Tryon Represents the making a Branch of Catawba River the Boundary as injurious to North Carolina "first by shutting out all its communication of Commerce with the Western Indians having only impassable Mountains as was experienced when the western Frontier was run last year as the Boundary between the Indians and North Carolina." "Secondly, as the whole of the Western Frontier Line run at the expence of ~2,000. would fall into South Carolina" "Thirdly, for that by an Act of the last Session of Assembly all that Tract of Land to the Westward of the Catawba River and to the Southward of Rowan Country is formed into a County by the name of Tryon County an inferior Court established and provision ordered for erecting a Court House Jails &C add to this commissions issued for Justices of the Peace and Melitia Officers and that the plan his Lordship transmitted with his letter is prodigiously erroneous, with respect to the South Branch of the Catawba River as its direction is not more by M' Churton's Map and every other creditable Information than two or three points to the Westward of North its branches run far into Rowan County and is cut off from the Cherokee Mountains by the meanders of the Catawba River and the head branches of the Broad River and that His Excellency Governor Tryon proposed a Line to be continued a due west course from the point where the line run in 1764 left off." CO I()NIA TL RECOR.I)S. 223 'To the first of tllese three ol)jcctions the Comm'nittee answer that tlle Liiel of pfarltitiol cannot preclude the people of North Carolina frolm passilngr wIitl - goods to tr'aflick withl the Inlians lwhenever they nlayv tllintk proper to begin that Trade. Tlhe people of Soutl Carolina in their very large Trrade( with tile Creeks Chiekesaws and Cli(actaws havae constantly and freely passed through the ]Province of' Georgia f'or these 38 years which lilerty has lately been further seculred to tliem by -IHis Maljesty's Royal Proclamnation in 1763 relatinld to the F'reedoin of' Trade with. all Indians. To tile seconld Ol)jection it is answered that great part of the expelncc thlerein menitioned was occasioned by tlhe Jealousy of the thell (overnor of Northl Carolina least tlhe line between tlhe Province of Soulth Clarolina and. tihe Chlerokees in 1765. should be carried ilto the Province of North Carolina and the Lieutenant G -oernor of South (Carolina from a respectful attention which he \was willi rg to show to G(overnor D)obl))'s remonstrance on the inatteri orde reld the C(omm)issioners employed on thlat service inot to proceed in running the Cherokee Liine beyond Reedly River (a lnatural B!oundary thalt was far within th.e undoubted 'Jurisdiction of Soul th. Carolina, rather than give umbrage to a neighbouring Governor or the least IPretext to complain of any Trespass or incroaclhmient even the] the Jurisdiction of the Lands lying to the W''estwrd of the Catawbla River r nar which the Line of 1764 ended were not settled by any -Royal In:struction. The Comnllittee take leave to anlncx a Copy of the Paragraph of the Lieu't: (Gov'rs Letter to the Lords of Trade on tliis matter. lDatced:. M1arc. 1 t 1 5t 76i5, Tllhe rThid olbjection f'ounded on an. t of Assembly of North Carolina lately passed and other Acts in consequence thereof it is conceived can have but little weight to the prejudice of South Carolina,l as tllis Province being sensible that the actual ascertaining of the bounds of Jurisdiction of Ilis Majesty's Provinces was solely an exercise of I'Royal Prerogative accordingly forebore any attempts towaids it without the Royal conmmand, notwithstanding the Trrespasses conmmitted by several of the North Carolina Deputy Surveyors against whose proceedings Complaints were made by our back settlers to the Governor and Council of South Carolina for corning very far beyond even the pretended continuation of the west Line of:1764 besides many other inconveniences sustai.ied in Civil as well as crimninal matters and as to an. inconven 224 CO.LONIAL I.ECOR.lS. iency mentioned by Governor Tryon to arise from the course of the South Branch of the Catawba River supposed to be erroneously laid down the weight of such objection we conceive may be better judged of, by a view of the Map of the course of the South Branch of that River surveyed by your Lordships Direction expressly to clear up the matter and we further observe on the view thereof that as the North Branch inclosing the Heads of the Broad River by its Eastern Course from its source in the mountains appears to us to be the most proper Boundary as thereby the necessity of running any Line will be prevented but if thle South Branch is adopted there is a smnall space of Ground from its source where the latitude 35~ 37. was taken to the Cherokee Boundary thro' whichi it will be necessary to mark the Line. The.Committee now beg leave to offer a few Reasons why it will be improper to make the Continuation in a due West Course of the Line of 1764. to be the Line of Jurisdiction By repeated observation of Latitude by MAI Cook employed by this Province to make a general survey and Maps at the expence of near ~3,000 sterling it appears that the Line run in 1764 which ends at the Salisbury Road near the Catawba River is eleven miles south of what His Majesty intended by some mistake in the observation of Latitude taken by the Commissioners in 1764. by which Error this Province loses about 660. square Miles or 422,000. acres of Land equal to one of the smaller Counties in England and as the length of the Line propose(d by Governor Tryon to be continued due West through the Woods is greater than the West Line already run in 1764. and intended by the King's instructions to be run in the Latitude 35. but erroneously run in 34. 49 there wil be a loss to this Province 'of near 600,000. acres of Land more by the continued West Line both together containing more Land than two not the least Counties in England. If the Line is to be marked thro the Woods the Lands of mlany private People will be cut in two, part will lye in one Province ind the house in another which will be very inconvient in payment of Taxes and quit Rents in levying Executions upon Lands and many other matters which will be avoided by a natural Boundary. If the Line of 1764. is continued due West which is now found to be eleven Miles South of the 35~ of North Latitude it will run several Miles South of Fort Prince George and lately thoroughly repaired at a great expence to this Province whicll Fort has been COLONIAL RECORDS. 225 and may be of great use to this Province as a place of arms in case of a Cherokee War and Savannah River to the South Boundary of South Carolina running a N. N. West Course this continued West Line will contract the Western parts of this Province to a small compass reducing the shape of this Province almost to a Triangle and thereby this Province will have but a small proportion of those rich Lands which are the most suitable for the raising of IIemp which has by the Bounties given by this Province been so happily introduced in the North West back settlements. The Committee now proceed to adduce some reasons for including in South Carolina the Lands lying west of the natural Boundary of the Cat'awba River founded by the principles of general policy. The staple Commodities of South Carolina being Rice Indico and Naval Stores and lately Hemp not rivelling or interfering with the produce of Great Britain but being very advantageous to the Trade thereof it is humbly hoped whatever may tend to secure and promote the raising such beneficial Staples must merit the Royal attention. These kinds of produce cannot be raised and extended but by the labour of Slaves supplied by the African Trade which is also very beneficial to Great Britain. But the number of such labourers their condition of slavery being apt to raise in them Ideas of an Interest opposite to their M'aster becomes dangerous to the publick safety where the number of White Men is overbalanced by a superior number of Negroes wherefore it has been the Policy of South Carolina at great charge to give encouragement to the Importation of Europeans as a Counterpoise thereto, this measure tho very constantly pursued has not been adequate to the growing evil which is the natural consequence of the growing prosperity of the Province It is therefore very expedient to include in this Province all those Settlers who live on Rivers whose Streams arise to the Westward of Line of 1764. down which the Iemp Flour and Lumber begin to be brought to Markett at Charles Town, at a less expensive carriage than the present general means of waggons. Bounties are given by South Carolina to Iernp raised in this Province and many living North of where the West Line proposed by Governor Tryon have received our Bounties accordingly and it is but justice to mention the readiness which many of the back settlers expressed to have marched down to assist in suppressing the 15 226 COLONIAL RECORDS. general Insurrection of our* Negroes which was apprehended in 1766. and here let it be remembered that North Carolina is secure from this danger of Negroes for the White men are vastly superior to the Number of Slaves in that Province. It may be further observed that the opening an easy way down those Rivers to MIarkett where South Carolina produce may be bartered for Efuropean Goods is the most likely way to prevent Establishing Manufacturers in those Inland Parts of Home Materials for Holne Consumption. We humbly conceive that there are also many reasons'why this Province should be strengthened by allotting this Body of Lands now pretty well settled with White men to South Carolina because during the Cherokee War in 1760. & 1761. many of the Inhabitants near those parts at the first consternation and ravages of the Indian Incursions fled into the Northern Provinces but several who ventured to defend themselves in stockaded Forts we'e enabled to maintain their posts by the assistance of the arms ammunition provisions and clothing received from this Province which the Journals of the Assembly making provision for the expence thereof abundantly prove and it is more than probable that a derelict Country would not have been so soon or so well repeopled if these Forts had not been thus supported. These Forts were also covered by very large patroles of Horse Rangers in the pay of this Province traversing the Country from the Catawba to the Savannah River. As the Settlers imported at the Expence of this Province are not now confined to Townships but are allowed to choose Lands where they are most suitable to their minds many have settled up the Broad River whose upper Branches will be cut off from this Province by the continuation of the Line of 1764. in a West Course and several Settlers imported at the expence of this Province thrown into North Carolina. It would be convenient and reasonable that the Catawba Indians should be comprehended in the proposed Boundary as a very useful Body of Men to keep our numerous Negroes in some awe. The year 1766. afforded a very strong proof of their Utility on such services for about the Christmas of 1765 many Negroes having fled into large Swamps and other circumstances concurring there was great room to apprehend that some dangerous Conspiracy and Insurrection were intended and tho the Militia were ordered on Duty and were very alert on this occasion the Governor thought it proper COLONIAL RECORDS. 227 also to invite a number of the Catawba Indians to come down and hunt the Negroes in their different recesses almost impervious to White Men at that season of the year. The Indians immediately came and partly by the Terror of their name their Diligence and singular sagacity in pursuing Enemies thro such Thickets soon dispersed the runaway Negroes, apprehended several and the most of the rest of them chose to surrender themselves to their Masters and return to their Duty rather than expose themselves to the attack of an Enemy so dreaded and so difficult to be resisted or evaded for which good service the Indians were very amply rewarded. It is not improper to mention that this Province hath acquired a powerful Influence over this Tribe of Indians now our Inmates by a long train of Acts of Friendship Protection and Liberality. Their Complaints when injured by any White Men have been attended to and redressed by the Governor and in 1760 they consented to contract their claim of Lands where their numerous ancestors had long resided to a spot of 15. miles square on condition that this Province would be at the expence of building a stockaded Fort (which was immediately complied with) to secure their Women and children while their Men accompanied the King's Troops and the Troops in the pay of the Province in the two Cherokee Expeditions during which their Men were in the pay of and their Women and Children were fed and cloathed by this Province for proof of which we refer to the Journals of the Council and Assembly. The Committee having thus as they hope impartially stated and maturely considered the matters referred to them upon the whole are of opinion and propose that the Limits of Jurisdiction between the Provinces of North and South Carolina run in 1764 ending at the Salisbury Road near the Catawba River should be continued Northerly along the said Lands to the Catawba Lands and then Easterly Northerly and Westerly around and along the Line bounding the Catawba Lands surveyed in 1763. till it intersects the Catawba River and then to proceed along the North or Main Branch of the Catawba River to its source in the Cherokee Mountains. Extract of a Letter from Lieut: Govr Bull to the Right Honourable the Lords Comnmissr for Trade. Dated March 15t 1769. I have acquainted the Cherokees that according to their desire I 228 COLONIAL RECORDS. shall send next June a Commissioner to meet them and mark out the Boundary between the English and them. As our Boundary with North Carolina is not ascertained so far West I must stop a few miles to the North of the Road from Ninety six to Fort Prince George. Governor Dobbs of North Carolina has already expressed a jealousy that in running this Boundary I shall perhaps give up some Lands in his Province which he can by no means consent to but I have acquainted him that 1 had no Intention of going beyond the reputed Boundary of my own Provinee tho I hear the people of North Carolina are making quick advances to the foot of the Cherokee Mountains which is the chief hunting ground for the Lower CherokeesN. B. Two letters from Gov. Tryon here follow, one dated 11th Dec. 1768 the other 12th Dec. 1768 but both are printed ia No. Car. Col. Records Vol. VII. pp. 876 & 879. W. N. S. [B P. R. 0. AMERICA AND WEST INDIES. VOL: 108. P. 79.] At the Court at St James's the 28th Day of June 1769. Present. The King's most Excellent Majesty in Council. Whereas there was this Day read at the Board a Report from the Right I-onourable Lords of the Committee of Council for Plantation affairs dated the 21st of this Instant humbly offering to his Majesty for his Royal approbation Draughts of additional Instructions prepared by the Lords Commissioners for Trade and Plantations to the Governors or Commanders in chief of the several Colonies and Plantations in America directing them not to give their assent to any Act or Acts for raising money by the Institution of any Publick or private Lotterys whatsoever until they shall have first transmitted a Draught of such Act or Acts and shall have received his Majesty's Directions thereupon-His Majesty taking the same into consideration was pleased with the advice of Iis Privy Council to approve of the said Draughts of Additional Instructions (which are hereunto annexed) and to order as it is hereby ordered that the Right Honourable the Earl of Hillsborough one of His Majesty's Principal Secretarys of State do cause the same to be prepared for His Majesty's Royal Signature. STEPH: COTTRELL. COLONIAL RECORDS. 229 [B. R. R. 0. PLANTATIONS GENERAL B. T. VOL. 51 P. 286. 1769. Nov. 6. HENRY EUSTACE MCCULLOCH ESQ TO BE AGENT.] NORTH CAROLINA An Act for appointing an Agent to solicit the Affairs of this Province at the several Boards in England. Whereas it is neccessary that some person or persons properly qualified be appointed by Publick Authority to solicit and truly represent the Affairs of this Province at the several Boards in England, Be it enacted by the Governor Council and Assembly and by the Authority of the same that Henry Eustace McCulloch Esqe be and is hereby appointed Agent for this Province to solicit, represent, and transact all such Publick Affairs and Business now relating to the said Province or that shall or may be moved concerning the same at any of the said Boards in England during the said term, according as he shall from time to time find occasion or be directed and instructed by the Committee of Correspondence herein after appointed, and that the said Henry Eustace McCulloch have and receive for his trouble and expences in soliciting the Affairs and Publick Concerns of this Province, the sum of Two hundred Pounds sterling paid in London annually to be paid by Warrant from his Excellency the Governor out of the Public Treasury to the said Committee and by them be remitted to the said Henry Eustace McCulloch. And be itfurther Enacted by the Authority aforesaid that the Honble Lewis Henry De Rosset, Alexander McCulloch and Robert Palmer Esqres members of Council, John Harvey, Joseph Monfort, Edward Vail, John Campbell, and Benjamin Harvey Esquires or the Majority of them or the majority of the survivors of them, be and they are hereby nominated and appointed a Committee to correspond with and from time to time during the continuance of this Act to advise, direct and instruct the said Henry Eustace McCulloch in all such matters relating to this Province as may be moved or solicited or that they may think proper at any time to move or solicit before any of the Boards in England and the said Committee shall from time to time when thereto required lay before the General Assembly of this Province the advices they 230 COLONIAL RECORDS. shall receive from the said Agent and also Copies of such Dispatches, Orders and Directions as they shall send to him. And be it further Enacted by the Authority aforesaid, that this Act shall continue and be in force for and during the term of two years from and after the second day of December next. Exd [B. P. R. O. S~: CAROLINA B. T. VOL: 22. 0. 32.] At the Council Chamber Whitehall the 21s December 1769. By the Right Hon"bl the Lords of the Committee of Council for Plantation Affairs. His Majesty having been pleased by His Order in Council of the 4th of August last to refer unto this Committee several papers transmitted by the Governors of the Provinces of South and North Carolina to the Right Honorable the Earl of Hillsborough one of His Majesty's principal secretaries of State relative to a Boundary line proposed to be run between the said provinces The Lords of the Committee this day took the same into Consideration and are hereby pleased to refer the said papers (copies whereof are hereunto annexed) to the Lords Commissioners for Trade and Plantations, to consider the same and report their opinion thereupon to this Committee — PHIL. SHARPE. 1770. [B. P. R. 0. AMERICA AND WEST INDIES. VOL: 108. p. 139.] At the Court at St James's the 5th day of January 1770. Present. The King's most Excellent lMajesty in Council. Whereas there was this day read at the Board a Representation from the Lords Commissioners for Trade and Plantations dated the 22nd of last month in the words following vizt " In obedience to your Majesty's commands signified to us by the Earl of Hillsborough one of your Majesty's principal secretaries of COLONIAL RECORDS. 231 State We have taken into our consideration a letter to his Lordship from John Stuart Esqre your Majesty's Superintendant of Indian Affairs in the Southern Department of North America dated the 30th July 1769. stating the expediency of appointing the said Superintendant an extra Member of the several Councils in the district for which he acts which as he conceives will be very useful and advantageous for your Majesty's service Whereupon we humbly beg leave to represent to your Majesty " That the reasons urged for the proposed appointment appear to us to be well founded inasmuch as he will thereby be the better enabled to confer and consult upon many matters with the Governors of your Majesty's Provinces and their Councils agreeable to your MIajesty's Instructions as likewise to assist with his advice in framing any irovincial Law or regulation respecting the local and iiecdiate concerns of any particular province with the Indian Nations for the reasons therefore We humbly recommend to your Majesty to appoint the said Mr Stuart a Councillor extraordinary for the several Provinces within his Department during the continuance of his Superintendancy agreable to the proposal contained in his letter, but we would humbly submit to your Majesty whether he should not be restrained from acting in a judicial capacity in any cases of civil property which may be brought before your Majesty's Councils of those Provinces as Courts of Justice or Equity as likewise from taking upon him the administration of the Government in cases of vacancy when the same is to devolve upon the Councillor next in Seniority.-His Majesty taking the said Representation into His Royal Consideration is pleased with the advice of His Privy Council to approve thereof and to order as it is hereby ordered that the said John Stuart Esqre be appointed a Councillor extraordinary for the several Provinces within his department during the continuance of his superintendancy but that he be restrained from' acting in a judicial capacity in any cases of civil property which may be brought before His IMajesty's Councils of those Provinces as Courts of Justice as likewise from taking tpon him the administration of Government in cases of vacancy when the same is to devolve upon the Councillor next in Seniority And the Right IIonorable the Earl of Hillsborough one of His Majesty's principal secretaries of State is to cause a warrant to be prepared for that purpose and lay the same before His Majesty for His Royal Signature. STEPI-I: COTTRELL. 232 COLONIAL RECORDS. 1771. [B. P. R. O. AM. & W. IND. VOL: 109.] At the Court at St James's the 6th day of February 1771. Present. The Kings most Excellent Majesty in Council. Whereas there was this day read at the Board a Representation from the Lords Commissioners for Trade and Plantations dated the 30th of last month in the Words following-vizt "In obedience to your Majesty's commands we have prepared and herewith humbly lay before your Majesty Draughts of General Instructions as well as of those which relate to the observance of the Acts of Parliament for the encouragement and regulation of the Plantation Trade for Josiah Martin Esquire, whom your Majesty has been pleased to appoint to be Captain General and Governor in Chief of your Majesty's province of North Carolina in America to which Draughts we have made no material alterations from the Instructions given by your Majesty to William Tryon Esquire except in the following particulars" " We have inserted in the present Draught of General Instructions two Articles number fourteen and nineteen restraining the Governor on certain conditions from assenting to any Acts by which the number of the Assembly shall.be increased or any regulations made in respect thereto inconsistent with your Majesty's Rights or by which publick or private Lotteries may be instituted both which articles are conformable to what your Majesty has already approved for the Governors of other Colonies. " We have omitted all such Articles of the former Instructions the objects of which appear to have been carried into execution or which from a variation in the circumstances of the Province are become unnecessary and improper. " We have inserted in the first Article the names of only ten Councillors exclusive of the Lieutenant Governor but so soon as we are apprized of the names of persons proper to serve your Majesty in that Station we shall not fail humbly to recommend them to your Majesty in order that the said Council may be completed to its usual Number." COLONIAL RECORDS. 233 His Majesty taking the same into consideration was pleased with the advice of His Privy Council to approve of the said Draughts of Instructions together with the alterations made therein and to order as it is hereby ordered that the Right Honourable the Earl of Hillsborough one of His Majesty's principal Secretaries of State do cause the said Instructions (which are hereunto annexed) to be prepared for His Majesty's Royal signature. STEPH: COTTRELL. [B. P. R. 0. AM: & W. IND: VOL: 109.] At the Court at St James's the 1st day of May 1771. Present. The King's most Excellent Majesty in Council. Whereas there was this day read at the Board a Representation fiom the Lords Commissioners for Trade and Plantations dated the 26t" of last month setting forth that there are two vacancies in Iis MIajesty's Council for North Carolina and Sir Nathaniel Duckenfield Baronet and Marmaduke Jones Esquire having been recommended to the said Lords Commissioners as persons well qualified to serve His Majesty in that station They therefore humbly propose that the said Sir Nathaniel Duckenfield and Marmaduke Jones may be appointed of Iis Mlajesty's said Council-His Majesty in Council approving thereof is pleased to order as it is hereby ordered that the said Sir Nathaniel Duckenfield Baronet and Marmaduke Jones Esqre be constituted and appointed M1embers of His Majesty's said Council in North Carolina-And that the Right Honourable the Earl of Hillsborough one of His Majesty's principal Secretaries of State do cause the usual Warrants to be prepared for His Majesty's Royal Signature. STEPH: COTTRELL. [B. P. R. O. AMERICA AND WEST INDIES. VOL 109. P. 151.] At the Court at St James's the 7th day of June 1771. Present. The King's most Excellent Majesty in Council. Whereas there was this day read at the Board a Report from the 234 COLONIAL RECORDS. Right Honourable the Lords of the Committee of Council for plantation affairs dated the 3rd instant humbly offering to Iis Majesty for his Royal approbation Draughts of additional Instructions prepared by the Lords Commissioners for Trade and Plantations for the Governors of the provinces of North and South Carolina directing them to appoint Commissioners for settling the boundary Line between the said Provinces-His Majesty taking the same into consideration was pleased with the advice of his Privy Council to approve of the said Draughts for additional Instructions which are hereunto annexed and to order as it is hereby ordered that the Right Honourable the Earl of Hillsborough one of His IMajesty's principal secretaries of State do cause the same to be prepared for His Majesty's Royal Signature. STEPH: COTTRELL. [B. P. R. O. AM: & W. IND: VOL: 434 p. 87.] GEORGE R. Additional Instruction to our Trusty and Welbeloved Josiah Martin Esqre our Captain General and Governor in Chief in and over our Province of North Carolina in America. Given at our Court at St James's the Tenth day of June 1771. In the eleventh year of our reign. Whereas We thought fit in consequence of representations made to us that great disputes had arisen and much mischief and confusion had ensued amongst our subjects on the Frontiers of North Carolina and South Carolina from. the want of a certain known Line of Jurisdiction between the said Provinces to direct by our Royal Instructions to the Governors of our said Provinces in the year 1763. that a line should be run out in the manner therein prescribed in consequence whereof a Line hath been accordingly run out and marked by Commissioners appointed for that purpose as far as the Salisbury Road near the Catawba Lands Now it is Our Will and Pleasure and you are hereby authorized and required to appoint Commissioners to proceed jointly with Commissioners to be appointed by our Governor of South Carolina in continuing the Boundary Line from the said Salisbury Road where it now ends along the said road to where it enters the Catawba Lands from COLONIAL RECORDS. 235 thence along the Southern Eastern and Northern boundary of the said Lands to where the Catawba River Enters the said Lands on the North from thence to follow the middle stream of that River northerly to the confluence of the Northern and Southern branches thereof and from thence due West until it reaches the Line agreed upon with the Cherokee Indians as a Boundary between their Country and the Settlements of our Subjects. And it is our farther Will and Pleasure that the line beginning at the Sea Thirty Miles distant from the mouth of Cape Fear River on the South West thereof following the direction in which it hath been already run out and marked as far as the said Salisbury Road near the Catawba Lands and as it is hereby directed to be continued from the station Point on that Road to the Cherokee line in the manner above mentioned shall be the final boundary between our said Provinces of North and South Carolina. G. R. LB. P. R. 0. AM: & W. IND: VOL: 434. P. 90.] Whitehall. 3rd July 1771. oN 3. Gov: Martin. SIn, Inclosed I send you by His Majesty's Command an Order of His Majesty in Council on the 7th of June last disallowing two Laws passed in North Carolina in December 1768. and that you may know the reasons which have induced the Disaliowance of these Laws I send you inclosed for your own Information a Copy of the Board of Trades Representation thereupon. I am, etc: HILLSBOROUGH. 236 COLONIAL RECORDS. Inclosure. At the Court at St James's the 7th Day of June 1771. Present. The King's most Excellent Majesty The Chancellor. Lord Chamberlain. Viset Falmouth. Lord President. 'Earl of Rochford. Lord North. Lord Privy Seal. Earl of Bristol. IHans Stanley Esqre Duke of Ancaster. Earl of Pomfret. Richd Rigby Esq'r Duke of Queensberry. Earl of Hillsborough. Geo: Onslow EsqrT Whereas by Commission under the Great Seal of Great Britain the Governor Council & Assembly of His Majesty's Colony of North Carolina are authorized and empowered to make constitute and ordain Laws Statutes and Ordinances for the Public Peace Welfare and good Government of the said Colony which Laws. Statutes and Ordinances are to be as near as conveniently may be agreeable to the Laws and Statutes of this Kingdom and are to be transmitted for His Majesty's Royal approbation or Disallowance; And Whereas in pursuance of the said Powers two Acts were passed in the said Colony in Decelr 1768. and transmitted intitled as follows vizt 1st An Act to encourage the Importation of British Copper Halfpence and for making them a Tender for the payment of small debts. 2d An Act for declaring certain Lots in the Town of Newbern taken up by the Trustees for promoting the public school in the said Town saved and improved according to Law and to impower the said Trustees to collect the subscriptions due to the said School. Which Acts together with a Representation from the Lords Corns for Trade and Plantations thereupon having been referred to the Consideration of a Committee of the Lords of His MajtyS most HIon"' Privy Council for Plantation Affairs. The said Lords of the Committee did this Day report to His Majesty as their opinion that the said Acts ought to be disallowed. His Majesty taking the same into consideration was pleased with the advice of His Privy Council to declare His disallowance of the said Acts and pursuant to His Majts Royal Pleasure thereupon expressed the said Acts are hereby disallowed declared void and of none effect. Whereof the Govr or Command~r in Chief of His MajtYs said Colony COLONIAL RECORDS. 237 of No Carolina for the time being and all others whom it may concern are to take notice and govern themselves accordingly. STEPH: COTTRELL. [B. R. R. O. PLANTATIONS GENERAL B. T. VOL. 51. P. 289.] NORTH CAROLINA An Act for appointing an Agent to solicit the Affairs of this Province at the Several Boards in England Whereas it is necessary that some person properly qualified be appointed by Publick Authority to solicit and truly represent the Affairs of this Province at the several Boards in England. Be it Enacted by the Governor, Council and Assembly and by the Authority of the same, that Henry Eustace McCulloch Esq~ be and is hereby appointed Agent for this Province to solicit, represent, and transact all such Public Affairs and Business now relat-. ing to the said Province or that shall or may be moved concerning the same at any of the said Boards in England, according as he shall from time to time find occasion or be directed or instructed by the Committee of Correspondence herein after appointed. And that the said Henry Eustace MICulloch shall have and receive for his trouble and expences in soliciting the affairs and Public Concerns of this Province the sum of three hundred Pounds sterling paid in London annually to be paid by Warrant from his Excellency the Governor or Commander in Chief for the time being out of the Public Treasury to the said Committee and by them remitted to the said Agent. And be it further enacted by the Authority aforesaid, that the Honorable Lewis Henry De Rossert and Marinaduke Jones Esquires Richard Caswell, John Harvey, James Moore, Joseph Monfort, Robert Howe, Maurice Moore and Cornelius larnett Esquires, or the majority of them or the majority of the survivors of them be, and they are hereby nominated and appointed a Committee to correspond with, and from time to time during the continuance of this Act, to advise direct and instruct the said Henry Eustace McCulloch in all such matters relating to this Province, as may be moved or solicited or that they may think proper at any time to move or solicit before any of the Boards in England, 238 COLONIAL RECORDS. and the said Committee shall from time to time, when thereto required lay before the General Assembly of this Province the the advices they shall receive from the said Agent and also copies of such dispatches Orders and directions as they shall send to him. And be it further Enacted by the authority aforesaid, that this Act shall continue and be in force for and during the term of two years from and after tho second day of December in the year of our Lord One thousand seven hundred & seventy one and no longer. (signed) JO: MARTIN JAS HASELL, president Rd CASWELL, speaker Read three times and ratified in open Assembly, This 23rd Day of Dec. 1771. NORTH CARoLINA-Ss. I Sam' Strudwick, secretary of the said Province do hereby certify that the foregoing writing is a true and exact copy of an Act of the Assembly of this Province passed and ratified on the twenty third day of December last and that I have carefully examined the same with the original thereof now remaining in my office SAM' STRUDWICK, secretary. Exd 1772. [B. P. R. 0. PLANTATIONS GENERAL B. T. VOL. 51. P. 288. 1771. HENRY EUSTACE MCCULLOCH ESQ TO BE AGENT.] NORTHI CAROLINA His Excellency Josiah Martin EsqrT His Majesty's Captain General Governor and Commander in Chief in and over the said Province. To all whom these Presents shall come greeting, know ye, that Sam' Strudwick EsqrT who hath certified, that the Paper-writing hereunto annexed contains a true and exact Copy of an Act of the COLONIAL RECORDS. 239 Assembly of this Province passed on the twenty third day of December last and hath attested the same, is Secretary of this Province of North Carolina and therefore all due faith and credit is and ought to be had and given to such his Attestation, and the said Paper writing in all or any of His IMajesty's Courts of Judicature or elsewhere within His Dominions. In Testimony wherefore I the said Josiah Martin have hereunto set my hand and caused the great Seal of His Majesty's said Province to be affixed at New Bern the second day of Janry Anno. Dom. 1772. JO: MARTIN. By His Excellency's Command, James Biggleston. Private Secrey [B. P. R. 0. AMERICA AND WEST INDIES. VOL: 109. p. 187.] At the Court at St James's the 3rd day of February 1772. Present. The King's most Excellent Majesty in Council. Whereas there was this day read at the Board a Report from the Lords Commissioners for Trade and Plantations together with Draught of additional Instructions to the several Governers in America (prepared by the said Lords Commissioners in pursuance of His Majesty's Order in Council of the 15th of last month) to restrain them from giving their assent to any Laws by which the Lands, Tenements, Goods, Chattels, Rights and credits of Persons who have never resided within the respective Colonies shall be attached for the payment of Debts due from such persons otherwise than as allowed by the Laws of this Kingdom-His Majesty taking the same into consideration was pleased with the advice of His Privy Council to approve of the said Draughts of additional Instructions (which are hereunto annexed) and to order as it is hereby ordered that the Right Honorable the Earl of Hillsborough one of His Majesty's Principal Secretaries of State do cause the same to be prepared for His Majesty's Royal Signature STEPH. COTTRELL. 240 COLONIAL RECORDS. (P. R. 0. AMERICA & WEST INDIES VOL. 109 PAGE 231.) Order in Council. Additional Instruction to Our Trusty and Wellbeloved Josiah Mlartin Esquire Our Captain General and Governor in Chief in, and over Our Province of North Carolina, in America. Given at Our Court at St James's the 15 day of May in the year of Our Reign. [1772] Whereas it hath been represented unto Us, that a Law was passed in Our Province of North Carolina in 1771, intitled, "An Act for preventing Tumults and riotous Assemblies, for the more speedy and effectual punishing the Rioters, and for restoring and preserving the public peace of this Province," enacting amongst other things, That upon Indictment found, or Presentment made against any Person for any of the Crimes described in the Act, the Judges or Justices of the Court shall issue their Proclamation, to be affixed or put up at the Court House, and each Church and Chapel of the County, where in such crime was committed, commanding such Offender to surrender within sixty days, and stand Tryal, on failure of which he shall be deemed guilty of the Offence charged in the indictment found, or Presentment made, and it shall be lawful for anyone to kill and destroy such Offender, and his Lands and chattels shall be confiscated to the King for the use of Government, which said clause appears to Us to be irreconcileable with the principles of the Constitution, full of danger in its operation, and unfit for any part of the British Empire: But whereas it hath been also further represented unto Us, that the said Act, which also contains many useful and proper regulations for the preservation of the Publid Peace of Our said Province, of late disturbed by outrages and Insurrections of a very dangerous nature, is by its own limitation upon the point of expiring, and that the total repeal of it might in the present state of affairs have very fatal consequences, and revive seditious spirit (not yet wholly subsided amongst some of the Inhabitants) which has been productive of so much Tumult and Confusion. We have therefore not thought fit to disallow the said Act, But it is nevertheless Our express will and Pleasure, that, in case it shall be found necessary to enact any new Law within Our said Province of North Carolina for prevent COLONIAL RECORDS. 241 ing Tumults and riotous Assemblies, you do take especial care, that the said Law be framed as near as may be agreable to tlle Laws of this Kingdom, and that you do not upon any pretence whatever give your assent thereto, unless the same shall appear to you to be entirely fiee from the objections stated to the Clause before recited. [NoTE}.-This should have been printed on p. 289, Vol. 9, Colonial Records. -W. C.] 177:. (FROM CALENDER OF VIRGINIA STA'TE.i: PAPERIS. VOL. 8, I'AGEE 5.) Copy of a Letter to the Speaker of the H:Iose of Representatives of the colony of North Carolina. Williamlsbulrg, Virginia, April 6tl, 1 T73. s Coloy avig of late ears sstined t east i This Colony having of late years sustained thle greatest iinjur, by having their paper currency forged, and it having been represented to our General Assembly at their last session, that tlhe supposed principal author of tllis mlischief is an inhabitant of INorth Carolina, they judged it necessary, as well to prevent such dlangerous practises in the future, as to show their regard for tlle other Colonies, to pass an Act, to prevent counterfeiting the paper currency of other Colonies. Our Governor will transmit copies of thlis Act to the different Governors on tlie Continent witl the request that they wouldl be pleased to recommend to totleir different Assemblies to enact laws of the salme import respecting Virginia. We have it in cormmand to firnish the S)peakers of tlhe different Assemblies witlh the like copies, and to request the favour of their countenance and assistance in acconmplishing our wishes upon so important an occasion. We therefore take the liberty of inclosilng you a copy of tlhe Act. We have the honour to be very respectfully, Sir, your lmo. ob't serv'ts, PEYTON RANDOLPIH, ROBERT CARTER NICIOLAS, DUDLEY DIGGES. 16 242 COLONIAL RECORDS. (P. R. 0. AmEnIcA & WEST INDIES VoL 110. PAGE 113.) At the Court at St James's the 19th day of November 1773 Present The King's miost Excellent Majesty in Council Wicreas there was this day read at the Board a Report froim the Lords Comjjur8 for Trade and Plantations, together with draughlts of Additional Instructions (prepared by them in pursuance of His Majesty's Orders in Council of' the lt of September last) to the Governors or Coimmanders in Chief of all Ills Majesty's Colonies and Plantations in America, directing them, not, upon any pretence whatsoever, to give their assent to any B3ill or Bills "that mnay have been, or shall hereafter be, passed by the Councils and Assemnblies under their -Government for the Naturalization of Aliens, nor for the Divorce of Persons joined together in 1holy. Mlarriage, nor for establishing a Title in aniy Persons to Lands, Tenenients and real Estates, originally granted to, or purchased by, Aliens antecedent to Naturalization. Ills Majesty talkig the said Rteport into consideration, was ple-ased, with the advice of HIis iPrivy Council, to approve of the said Draug'hmts of AdditionCcal In'structioniis (which are hereunto annexed) and to order, as it is hereb.)y ordered, that the Right HonTourabi:, )e the Earl of Daritimouth, one of H-Iis AMajesty's Principal Sec'retaries of State, do cause the saine to be prepared, for Ills Mahjesty's R oyal Signature W. B3LAIR (.Endorsed) OI.rder in Council, 19"'t N ovr 1773 App')roving thie Drafts of Add' ilustruct" to tihe following' Gov"s forbidding theni givitig their Assent to any; B ills for Naturalizing Aliens-nor for I) i vorce &c. Go 0\v1 of' Quebec St John.-Is 2"N''o-va Scotia 2\ew Itnmipshire Mlassachunsetts BI.ay.New1 York New Jersey COLONIAL RECORDS.24 243 Virg'inia No Carolina So Carolina Georgia East Florida Wr Florida B3arbadoes Lewd Islands Greni ades IDoin in ic a Jamaica B3aharnas l3erm -inda 1774. (B. P. R. 0. Amip,,ICA & WEST I.NIDIRS VOLd. 111. P. 1.) At the Court at St James's the 2Tld of February 17'74. Present. The King',s, most Excellent Majesty in Counicil.. Whereas there was this day read at the Iloard a Report froin the Right Hlonourable the Lords of the Comrmittee of Council for Planta(tion Affa-irs dated the 25th of last month in the words followini-g viz, 'Your _T[~a~esty having been 1)ieased lby yonr Order in Counceil of the 9"" of Junme 1773. to referr unito this Commnittee a 'Report of' tlie Lords Commissioners *for Trade anid iPiantatiois, setting forth That in obedience to your M-jesty's Order in Council of' the 7`1~ of April last they had takenl inito consideration thie powers an-t-d aluthorities for gr~antin.-g Lands conta:{ncd in the, Comi~illssion and Instructions to your M1\ajesty's Governor in the IPlantations and did hnuni' beg' leavre to lay ibefore your M,1,,jesty a S'ketch of' addlitional In struct ions to your Ma-Uj sty's said Governors conitaminiig sn ci reguiations as considering' the presenmt state and conditions of thec said Colonies aid the real value of the waste and unsettled Lanlds thereini are m~rost adviseabie to lbe adopted in all the said Colonies 24:4 COLONIAL RECORDS. except that of Quebec, within which Province your Majesty hath to the great satisfaction of all your M[ajesty's faithful subjects there been graciously pleased to direct that the Lands shall be granted in the same mode and upon the same conditions as were practised when that Colony was under the dominion of the Crown of France, the Lords of the Committee in obedience to your Majesty's said Order of Reference did on the 28t' of October last take the said Report and Sketch of Additional Instructions into consideration and thought proper to direct the said Lords Commissioners for Trade and Plantations to prepare Draughts of particular.Instructions to the respective G-overnors or Commanders in Chief of your Majesty's several Colonies and Plantations in North America (except Quebec) conformable to the said Sketch and the said Lords Commnissioners for Trade and Plantations having accordingly prepared Draughts for such particular Instructions for the Governors of Nova Scotia, New Hampshire, New York, Virginia, N orth Carolina, South Carolina, Georgia, East Florida and West Florida- The Lords of the Committee this day resumed the consideration of the same and having maturely weighed and considered the several regnltions therein contained are humbly of opinion that the said Draughts of Instructions are proper for yr MajtY8 Royal approbation except that article whlich contains the table of Fees to be taken. il the respective publick Offices in the Plantations which have been fixed and settled by Laws passed in yr' Majt'S several Colonies in America The Lords of the Commrittee are of opinion that the Article containing the Table of 'Fees aforesaid is unnecessary and have accordingly amended the Draughts of Instructions in that particular in striking out tlie Table of Fees therein inserted & directing that the Fees to be taken shall be such as are allowed by Law and no other and humbly lay the sa.id Draughts of Instructions so amended before your oMajesty for your Royal. approbation" His;Majesty taking the said Report into His Royal consideration was pleased with the advice of His Privy Council to approve of the said Draughts of additional Instructions together with the alteration therein made by the Lords of the Committee and to order as it is hereby ordered that the Right IHonourable the Earl of Dartnmouth one of IHis Majesty's principal Secretaries of State do cause the said additional Instructions (which are hereunto annexed) to be prepared for His Majesty's Royal Signature. G. CHIETWYND. COLONIAL RECOR2DS.4 245 [B P. R. 0. AMERICA AND WEST INDIES. VOL. 111. P. 17.] At the Court at St James's the 9th day of March 1774 Present The King's most Excellent Masjesty in Council Whereas there was this day read at the Board a Irepresentation fromt the Lords Commissioners for Trade and Plantations, dated the 21"t of last month Setting forth, That there being two vacanlcies in His Majesty's Council of the Province of North Carolina, and Thioimas McNIGwire Esqr. His Majesty's Attorney General, together with Willie Jones Esqr having been recommiended to them. as Persons every way qualified to serve His Majesty in that station, tlh! sazid Lords Commissioners humbiiy propose that the said two Gentleinen may be appointed of His -Majesty's said Council-I-us Maajesty taking the same into consideration is pleased with the advice of His Privy Council to approve thereof, and accordingly to order, and it is hereby ordered, that the said Tbomas MA- -C;Gwire and Willie Jones Esquires be constituted and appointed Members of IIis Majesty's Council for the said Province of North Carolina Ai-d the Right Honourable the Earl of Dartm'onth one of His M211ajesty's Principal Secretaries of State, do cause the usual Warrant to be prei)ared for His Ma11tjesty's Itoyal Signature. W. B)L A.I R. [FROM CALENDIER OF VIRGINIA. STATE PAPERS. VOL. 8 PAGES 58 & 59.] (To the Gentlemen, the Commllittee of correspondence appointed by the Colony of Southtl Carolina.) Northi C~arolina., June 10th, 17 74. We sendI vyou Iy express copies of' sundry Letters and Papcers which cain'le yesterday fronml the "Northern Colonies respecting the arbitrary~ and oppressive proceedings agoainst the town of l'oston1 in the Province of MTIassachusetts B1cay-Proceedings wNlhich miiust necessatily affect every free inhtabitant of Blritish Am.Yerica wvithi the most alarining apprehenSions for their dearest righits. We wish it were in onr power to furn.-ish you with the united sense ot the inhabitants of this Province froi.n the Avotes of their RZepresentatives, buit as this cannot be had on this einergency, we can only give you our own sentiments and whtat we- believYe will 1)0 246 COLONIAL RECORDS.. theirs whenever they have an opportunity of expressing them: That the inhabitants of this Province ought to consider themselves interested in the cause of the town of Boston as the cause of America in general. That they will concur with and co-operate in such measures as may be concerted and agreed on by their Sister Colonies on this occasion. That in order that there may be a conformity and unanimity in the Councils of America, it is absolutely necessary and expedient that deputies be appointed by the several Colonies to meet and deliberate on all measures that may be deemed necessary to the support of the general interest. That in case the Governors of the different Colonies should refuse or decline to call an Assembly of the Representatives of the people that they should in pursuance of the laudable example of the respectable members of the late House of Burgesses of Virginia meet and form associations to consider the most probable means of defeating and counteracting every attack on the rights of the Colonies in general, or any of them, and that in case the act of Parliament, on which our apprehensions are grounded, should be carried into execution, they ought as soon as possible to put a stop to all Commercial intercourse between this Province and Great Britain until the act is repealed. We join with the Committee of Correspolndence of Virgilnia in requesting that you will be pleased to forward copies of the inclosed papers, together with your own sentiments, to our friends in Georgia by express, and that you will favor us with the results of your deliberations on this very important affair as soon as possible. We have the hon.or to be:entlemen, Y1our mo. obl)c't serv'ts, JOHN HARVEY, JOHN IN ASHE, CORNELIUJS HARN.ETT, RO)lIBERT HO(WE, ED)WARD VAIL, WILLIA3M H-()OPER, SAMIUEL JOIIHNSTON, JOSEPH HEWES. Committee for Corresponden ce for North Carolina. COLONIAL RECORDS. 247 [FROM CALENDER OF STATE PAPERS OF VIRGINIA. VOL. 8 PAGES 64 & 65.] North Carolina June 21st, 1774. GENTLEMEN: We have been favored with yours of the 31"t of May last, accompanied with copies of several letters and papers relative to the unhappy Divisions which now prevail between Great Britain and the Colonies, and the ruinous condition in which the town of Boston is involved as a recent consequence of them. We sincerely sympathize in the distress of that brave people, and mourn over it as over the common cause of America. We conceive this attempt made on their natural and Constitutional rights as a presage to a similar or more flagrant violation of the Rights of the rest of the Colonies, and that upon the success of this in a great measure depends the fate of American Liberty. We are of opinion that the method proposed by you of a general Congress to be held by Deputies from the different Colonies will be an expedient, calculated to produce that union in practice and sentiment which is necessary to give success to the measures which may be adopted as Regulations for their conduct at this critical tera. As this cannot be effected but by a Convention of the Representatives of the several provinces from whom such deputation must proceed, we think that the conduct pursued by the late Representatives of Virginia is worthy imitation when the Governors of the several p)rovinces, in obedience to ministerial ilstructions or of their own accord, shall decline to convene the people in their Legislative capacity. We had been happy if we had been fully authorized to speak the general sense of the people of this province. Be assured that we will, with all lpossible expedition, use the best means to obtain it. Should not our Assembly meet on the 26t" of July, to Awhich time it now stands prorogued, we shall endeavor in some other manner to collect the Representatives of the people and shall immediately afterwards transmit to you what nmay be the result of their deliberations. In the mean time e e have the filllest confidence that the share they may take in this important controversy will not be unnwortly of men who lhave ever been sacredly retentive of their Constitutional Rights, and desirous to hand thelm unimpaired to posterity. 248 COLONIAL RECORDS. They will, we flatter ourselves, concur with you that the lest expedieut to bring about a reconciliation with the mother Country and the Colonies will be to put a stop to all commercial Intercourse with her and the West Indies, and thus to carry home to Great Britian the calamitous consequences of her own measures. We cannot enough applaud the generous spirit exhibited by the Colony of Virginia upon this emergency, and wish the example may be as diffusive as~it is truly laudable. We are with great mrespect, Gent. your mno. ob't humble serv'ts, EDWRID VAIL JOHN HARVEYr JOHN ASHE, ROBERT HOWE, SAMIN. JOHNSTON, JOSEPI-I HEWES, CORN4' HARK ETT WILL. HOOPER To the Committee of Correspondence of Virginia. 1725. LB. P. R. 0. AmIERICA & W. INDIES. VoL: 229. NO 90.] Charlestowvn. May 15. 1775. My LOuD, Jr Irving Receiver General of His MafTjesty's QUit Rents for this Proviiice put into my hands the enclosed Petitioji to the 'King with an apology for the paler on which it is written as truly represeiiting thwe conditioin of the Petitioners which'I pr1~mesl1n to transmriit in. that hbumble dress rather than that they shouild lose time in its b)einl' returnied to themi in order to make its appearance in a formi miore suitabl)e to the King's -Majosty being confident that tine Royal Goodness will discerin an.i d con sider 'any reason able request it manfly conlltain tllough every clou'd of homely undress. WVlhen the temporary Boundary Line b: etweeiin South anid North Carolina was runi in 1764. m-icany who had received Grants of Land fromu the Goveru-r of -NIorthi Carolina were foun.d to be South of the Liine. Upon their application to ine I thougrlt amd so advised COL)ONIAL RECORDS. 249 them if they entered their Grants in the Auditor's Office of this Province witl a discharge from' the -Receiver General of His Majesty's Quit Rents in North Carolina, it would give them an equitable right to possess their Lands in quiet without further expence, as Justice would be done to the King in complying with the Terms of the Grant which many accordingly conformed to. But some Persons having by surprize obtained a Grant in this Province for Lands that had been granted by the Governor of N'orth Carolina an ejectment was brought and judgment given against the validity of the North Carolina Grant. This encouraged others to obtain Grants in the like ungenerous maniner and thob the North Carolina Grantee deterred by this precedent yielded his possession, the hardsllip and equity of tills case induced the Governor and Council to give what relief was in tlheir power by )publisling notice that suhll Grantees should have the preference of new Grants for tthese Lands. Many applied and received new Grants; others relying on the e(lquity of tlieir case obstinately refised. Tho the Deputy Surveyors were forbid to tay Warrants Iupon Lands so circumstanced many Grants were obtained by surprize as it was difficult for thle Govereor to discover sluch practises. By these means mllalny North Carolina Grantees were ru ined, al.l were mulch prejudiced. Andc lately a further mode of prevention has been adopted(. Exceptions tare inserted in Grants to make tlhemw void if theyl are for Lands forinerly granted by North Carolina. As tlhese.nay nevertleless be eluded, I b)eg leav e humbly to suggest to your Lordship) a mealns that wolld beyond doubt secure them in their possessioli wrlic(h I wotuld not p1.resumle to lmake use of without the Royal 1)ermiission as it is disposing of the King's land. It is to establitsh and confirm all s(uc.h G(lrants to the Grantee, or IPerson holding under himi, which hav\e inot yet )been new granted by the Governor of this Province, by an A(ct ot' the -eneral Assembly which is sub.mnitted to your Lordship's consideration. I have notlhirg new to add to mny last letter relative to the Proceedings of the discontented in thi.s Province. They continule in the same temper. The account of the Skirmish or Engagement between the Kings Troops and the Provincials of Miassachusets near Lexington oil the 1 9th of last month seems to plrodue(e effects lhere very dlifferelt from intimida.tion. 250 COLONIAL RECORDS. On the 10t' instant Barnard Elliot Esqre resigned his seat as a Member of his Majesty's Council. I have the honor to be with the greatest respect, My Lord Your Lordships Most obedient and Most humble servant W"n BULL. To the right hon"lo the Earl of Dartmouth his Majesty's Principal Secretary of State for America at Whitehall. [B. P. R. O. AMERICA & W. INDIES. VOL: 229.] In Lieut Gov: Bull's (N~ 90.) of 15th May. 1775. To the King's most Excellent Majesty in Council. The humble Petition of sundry of your Maljesty's dutiful and loyal slubjects, being Freeholders of Lands, by virtue of your Majesty's Letters Patents under the Great Seal of tlhe Province of North Carolinal, which Lands by the extending and establishing the late Boundary Line between the Provinces of North and South Carolina in pursuiance of your Majesty's ()rders in Courncil have fallen within the li'mits of the said Province of Soutlh Carolina. Sheweth, That until the extending and establ.i.sling the said Boundary Line to the Westward, as far as the above said Lands the same Lands were generally deelmed ald taken by the Inhabitants of botl the said Provinces to be within the limits of tlhe said Province of North Carolina. That prior to any extension of the said Bonudlary Linie, as far Westward as tlie sai( Lands your Petitioners in order to settle and subsist themselves and their Families, applied for and obtained Grants of the samie Lands by your.Maajesty's Letters P atent under the Great Seal of the said Provinee of North Carolina and in consequence thereof did settle cultivate and improve the same. That by the late Establishlentt of the said Boundary Line the same Lands thus granted by your Ma.jesty to your Petitioners have fallen within ths Limits of the said Province of South Carolina. COLONIAL RECORDS. 251 That your Petitioners thereupon most humbly conceived that no further authentication of your Majesty's said Grants were necessary for the quieting them in the peaceable enjoyment of their said Lands than the entering a Memorial thereof and of the mesne conveyances thereupon in the Office of your Majesty's Auditor General of the said Province of South Carolina as this Measure must effectually assertain where and by what authority your Majesty's Quit Rents and the Arrearages thereof due for and accruing on the same Lands are to be collected and received. That your Petitioners have in consequence thereof procured Memorials of the said Grants and of the mresne Conveyances thereupon to be entered, or have tendered the same to be entered, in the said Office of your Majesty's Auditor General of the said Province of South Carolina. But That your Petitioners to their Great concern are notified by Proclamation and Instruction from your Governors of South Carolina that the Officers employed in your Ma!jesty's Land Office in that Province do require that your Petitioners should be at the further trouble and expence of surrendering your Majesty's said Letters Patent for granting the said Lands under the great Seal of the said Province of North Carolina and of procuring thereupon new Grants of the samne Lands from your Majesty under the Great Seal of the said Province of South Carolina, or otherwise theat tlhe said Lands shall be deemed vacant and liable to be granted to any other Persons applying for the same. That your Petitioners are apprehensive that such surrender of your Majesty's said old' Grants and procuring of sullc new Grants will not only be attended with great trouble and expence but with manifest injustice and oppression to your JPetitioners as such a measure will probably open a door to great litigation suits and controversies relative to the Title of the said Lands by reason that Grants thereof may have been obtained by other Persons under the Great Seal of the said Province of South Carolina subsequent to your Majesty's said old Grants but prior to such new Gran ts. That your Petitioners conceive that in consequence of such new Grants the Revenue arising to your M[ajesty from the Quit Rents due and accruing on the said Lands may suffer considerable diminution as many years Quit Rents on some of the said old Grants 252 252 ~COLONIAL RECORDS. are now in arrears and therefore th~at the aforesaid Officers employed ii) your Majesty's said Land Office in South Carolina will be the only persons benefitted therelby. Your Petitioners thereupon most humbly pray that in consideration of the Premises your Majesty will be graciously pleased to make such order in Council for the relief of your Petitioners as may effectually tend to quiet and establish themn in the peacable possession and enjoymnent of their said Lands and their Habitations and I t-provements thereon. An bound shall ever pray &( ROBERT TI]OAMAS. ELIJAH WELLS. JOHN PORTMAN. TOBIAS POASTLAT. GEORGE ANSON. JOHN GPUINDLE. TIHO0 NICHIOLS. CH-ARLES I-lAMES. IRO BERT W ILKI NS. WILLIAM FAWCETT. JONAS EVAN S. JOHN DENARD. JOHN SCRAGS. JOI -l N T IMM-i\A0IN S. THO" TYINITMONS. J OSEPH B URTCHFIELD JOhN WE [-)I-N`GMT-AN. DAVI D ALLIN JOSs M\ COOLIL CHRISTOPHER SKEAD J'OII1N YO UTNG JAM'N/ES WOOD JOHN WOOD MOSES WOOD WILLIAM-N WO00D JEAMIVES B13U RTCHlFIELD. 01BEDIAH- OLIPHANT ROBIERT AMORtE J-01hNj CLAR.-%K Ld your' Petitioners as in duty ALEX: MKARTIN. SAM1 SPENCER. JOHN FAG-ERT. J-0 KIR-K CON E-lFLL. THO NEEL. JO0 1lN I)U N'.N. JAMES COOK.-~" H E NRYt WRIUGH11T. ROB't LUSK. JOSEIPH MN-OO.)-N.' JAMES LUJSK. WI LLIAM SM~I TiI. JOHN GOUD YCOC K. TOBY DOCOBEYRRY. J'A'A J\ES INtl ) A1) E. WILLIAMA- JOI-INSON GEORZGE WEBB1. AD AI)A (-x'OtUDYCOCK. HUTGL (,I-[ QIN W-T SOLDIIE:j WILlLIAMl GASTON. J'OHlN7 TIB-IIOMAS. ROBE-RT PATTON PETER 1PATT.ERSON. JAMfES PATTERSON. R1OBE'RT BILACK~ R.OBI3ET LJOONPEY ThOM0AllAS W AI) L COLONIAL RECORDS.25 253 ALEXANDER KILPATRICK JOHTN M-ceGIN PATRICK. MOR11Y JOHN M~AYFIELD JA-MES STEIN MATTHEW ROBERTSON JOHN MLOOSE ROBERT EVANS JAMES M0BePEE. ELIJAH WATTS JOHN STEON JOHN SHIPPEY THOMAS MOI.'RTON SATMUEL BLAN ROBERT M(MILLUMl THOMAS KEEN MATTHEW PORTER WILLIAAM VINES JOHN MOSS. MATTHEW MOSS. SAIMIEL MOSS MOSES QUAWLE EPHRAIM CLARK HENRY CLARK JUNr ISAAC PARKER. JACOB BARNS JONATHAN KILKEE Jno Mcil ALEXANDER. RO,,013PATERSON ROIB'PATERSON JUNEr WILLIAM LAMPLIN NATHANIEL PORTER JAMES REED WILL"' Me11ADOW SENs 'WILL"' ]VI'"ADOW JUiNr DAVID MeNADOW ARTER McADOW JAMATES M\0AI)OW DAVID BYERS JOHN B3EARD WILLIAAM CLINTON NUBERY STOCKTON DAVID NEEL ROBERT LOWRY MATT: FLOYD. JAMES HOPE. JAMNES WILSON. DAVID WATSON JAMT\ES PATERSON Wm,, MA,,'E'INEE JA'MES TEMPELTON THO.MAS CLARK JOHN WATSON. WILLIAM WATSON JOHN CHAMBERS JAMES SMAITH RICHARD PRICE WILLIAM WILSON. JOHN MTANER JOI:N DOR~TIN THOS1 MANER HUTGH HOR/l)kTO'Nl ROBERT BLACK 'GEORGE JULIAK WILLIAM CARR HENRY SMI1TH ABRHAMA~ SMTITH WILL"' S —M1TH J"' SMITHI. GII)E SM~ITh1 DAINEL SMTIThJno SHIPEY JAS COB GARNER WILL"' WILLSON JOSEPH KILPATRICIK MATT: FLOYD WILL"' M0cMULON NATHANIEL GITES 0 '254 * 254 ~COLONIAL RECORDS. DANEAL MCCAPON DANIEL MOCLEWEN DAVID PORTER CHARLES GILEHAMl EZEKIELF GILLHAM GILBERT DUNLAP THOMAS G-ILEHAM WI LLIAM GILEHAMN JAMNES GILLHAM THOMAS GILLI-AM SENr MATTHEW CLARK JOHN DAVIDSON ROBERT MlCORDAY ROBERT LOIK.ER-EG JAS: DAWEN THOS BRANDI.ON JAMNES SCOTT. Jno LOYLADAY MARSHEL LOVELEDAY FRANCES WILLKEY DAVIS MITCHEL FRANCES MITCHEL JOHN M0MULON l.. AlM0COUN GEO: MCCOIJN. JOHN MTORIHEAD RIC-HARD ROSE I-UH ROSE J'n0 TIHOMPSON JAS: STEN.1 no~ STEN. WILL", STEN. RO)IERT LUSKE J'" HINDAMAN. [P. R. 0. AmER'ICA & WEST INDIES VOL. 112 PAGE 37.] At the Court at S' Jamies' s the 26th day of Mi~ay 1775. -Present The King's iniost Excellent Majesty in Council1 Whereas there was thi~s day read at the, Board a REepresent-atiou from the Lords Conunnissioners for Trade and Plantations, dated the 11"' of this instant, setting forth that there is a vacancy in 1-is Mlajesty's, Council in the IProvince of North Carolinca, by the Resi~gnation ot iRobert Palmer Esq. an~d Williallm Panlmer Esq. hIls sonl heavino' been recommiended. to then.i as a p~erson every way (.-llailfied to serve His Majesty' in that station, the said ILords Comimi~ssioners therefore pro~pose that lie ulay be appointed ot His M majesty's said Council1 in the room of the -said Robert Palmer E squire. His Ma~jesty in Counc-il app..rov~hng( thereof i~s p)Ieausd 'to order, as it is hlereby) Ordlered, that the said Will1iami Palmer E~sq. be constitu ted and'l a1plohinted aANMember of His Maje-sty's sai~d Council in tI.le Province of North Caroli~na, i~n the room of his Father the said Robert Palmner 'Esquhre, and theat,. the Right ilonourable tihe Earl of IDart COLONIAL RECORDS.25 265 mouth, one of Ilis Majesty's Principal Secretaries of State, do cause the usual Warrant to be prepared for His Mlajesty's Royal Signature accordingly. STEPH: COTTRELL. (ASHE, HARNETT AND HOWE TO SAMUEL1 JOHNSTON.) Wihininogton 29thi June 1775 For the third time, Dear"Sir, wve take the Liberty to addrcss you, &to solicit that yvou would oblige us, & serve yonr., country so far, as to call a provincial Congress; the Circumstances of the times, the expectations of thc people in this CounTitry, as well as the initiimatioji.s we ha-ve received fromn Mr. Ilo0oper require it, and these are induicem).ents whichi we doubt -not your patriotic Iiisposition will think sufficient. We therefore rely th at you will himmeditately order a Con-vention, & tliat you will oblige us with the ecarliest Information as to the place and time; Let us now, IDear Johliistou, reproach you for not obliging uts with a line in answer to our foim-rer letters, & then with that regard that w e truely bear you Subcrllbe ourselves Dear Sir, Your m-ost obedt. hb. Servts FJOHN ASHE CORV.N. IIARNETT RoB013ERT HOWE P. S. It is by desire 6f the Commuittee f'or the IDistrict of Wihlmingq)ton11 that we write this letter. To Samnuel Johinston Esq.-r. A iLetter frorm iNewbern, North Carolina, (lated. SeptA. 22, 1775, bsays, "This week will ever be reinembered as thre mIost remuar k.ablc 'epoch inL the aninals of this country, for the discovery of the granld rep)ository and dlark. depositum' of Governor i\lartirn's infernal Inoa zince, which, with clool. deleiber~ation, hie inten'ded to (leal out in mnissive -weapons of' death to the good lpeoiple of this province. In the, pal-ace garden, and ilnsier a flue bed of' cabbage, was foun-d anid chug up a barrel, conainling albollt. three bushels of gun-Tpowder,; in 256 COLONIAL RECORDS. the palace cellar was also dug up two quarter casks of the same commodity, the casks quite new, and marked R. B. In the palace.garden was also dug up about 1000 weight of musket balls, lately cast, about 500 weight of iron swivel balls, a large quantity of small shot, lead, iron, worms for the cannon, with swabs, ranmmers, artillery boxes, matches, and the whole apparatus for his park of artillery, which he certainly would have mounted at the Palace, had not the appearance of the people of Newbern, on his attempting to move the Palace guns, driven him fiom the trenches before he had made them quite tenable. It is said his Excellency, the night before he took his precipitate flight from the Palace, buried these engines of death, as they might remain in places of safety till he or his creatures might have an opportunity to use them. The Palace cannon, it is said, were spiked up after his Excellency left the Palace, by a person who will no doubt, be obliged to answer for his conduct, as it is improbable the Governor could procure those deadly weapons without assistance. The Committee of this town and country are using their utmost diligence to discover the authors of so black a treachery." [B. P. R. 0. AM: & W. IND: VOL: 222.1 (Order suspending Samule! Johnston as Naval Officer.) In Gov: Martin's (N~ 8.) of 17th -IMay 1 777. (4.) Cruizer Sloop of War in Cape Fear River. Octo)ber 7th 1775. SIR, Notwithstanding the respect I have entertained for your private character, notwithstanlding 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 necessity I wished to have avoided by choosing between the two disagreeable alternatives of testifying my disapprobation of your conduct officially or taking upon myself the guilt of conniving at the undutifull behavior 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'i Johnston makes that decision. " COLONIAL RECORDS. 257 I have seen with astonishment your late appearance ill the conspicious 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 usuage conferred -upon you. by this Body of your own creation on whose othler act, so derogatory to the just authority of the King and so utterly subversive of the Constitution of this country I shall not here enlarge althloughl I do most sincerely and unlceasiigly deplore thetm. YYour conduct in these instances Sir 1 am bound to consider sucli m ian ifestations of your undutifullness to tHis IMajesty and His Government and sucha an avowal of your participation in the present fatal disorders of this Country afs 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 informn you that I have accordingly appointed M" Archibald Neilson to supersede you asDeputy Naval ()Officer of this Colony friom which office you are hereby suspended until His Majesty's Royal Pleasure shall be known. I aml Sir your mlost humblle servant J(): MARTIN. (A true Copy.) JO: MARTIN. [B. P. R. 0. AM: & W. INI): VOL: 222.] In Gov: Martin's (No 8) of 17t" May 1777 (3.) Edenton. November 16t'h 1775. SIR, I have this day hlad the honour of receiving your Excellency's letter signifying tllat you had been l)leased to suspend me fromn acting as Deputy to M1' Turner in the Naval Office with tlle reasons for such removal and it gives me pleasure that I do not find neglect of the duties of my Office in the catalogue of my crimes. At the same time that I hold myself obliged to your Excellency 17 258 COLONIAL RECORDS. for the polite manner in which you are pleased 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 public transactions when you consider the late meeting of the Delegates or Deputies of the Inhabitants of this Province at Hillsborough a Body of my own creation. Your Excellency cannot be ignorant that I was a mere instrumlent ol this occasion 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 whom I am bound by gratitude (that most powerful and 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 and property. You will further Sir be pleased to understand that I never considered myself in that honourable light in which you place me One of the King's servants. Being entirely unknown to those who have the disposal of the King's favours 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 Mr Turner was an honest purchase for which I paid punctually an annual sum which I shall continue to pay 'till the expiration of the termn for which I should have held it agrcably to our contract. Permit ie, Sir, 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 ]iave been and taken the same pains to promote peace good order and obedience to the laws that I flatter myself I have done tilI source of your Excellency's increasing lamentations had never existed or had it existed it would have been in so srlall a degree tllat 'ere this it would Ihave been nearly exhausted but Sir a recapitulation of past errors which it is now too late to correct would l)c painful to ie and mtighlt appear impertinenlt to your Excellentcy I shall therefore declinle the ungrateful lask and tbeg leave with all due respect to sublnit myself Sir, your Excellenlcy's most obedient humbllle servant SA.M1 JO()HNNSTON. (a tllrue Copy) J O i: MAI:TIN. COLONIAL RECORDS. 259 [B. P. R. O. ArMERICA & W. INDIES. VOL: 229.] In Lord Wm Campbell's (N~. 10.) of 1st January 1776. Cherokee Armed Ship. in Rebellion Road. 1. Dee: 1775. SIR, In the present critical and distressed situation of Affairs I cannot express how happy. I think myself in meeting your Excellency in this Province a Pleasure I have long and ardently wished for. A mature consideration of the state of the two Carolinas and Georgia will I conceive make it very apparent that every rebellious measure which has been adopted in this part of the Continent originated in Charleston and should we be able with our little Force to make any impression here I am convinced it would be attended with the best consequences not only in this but in the neighbouring Governments. As this is my firm opinion I most sincerely hope that while we have any prospect of effecting this great point your Excellency will agree with me in thinking our Force should not be divided but should it be thought impracticable to do anything material in this Province I shall not hesitate a moment in going wherever the Kings arms can be employed to t;he greatest advantage. We are engaged Sir in one common cause and I have not a doubt but that we shall maintain the most cordial Friendship and you may command every information it is in my power to give that can assist you in judging on this occasion of the real state of this important Province. I am with the greatest esteem Sir, your Excellency's most obedient and most humble servant WILLIAMA CAMPBELL. To Iis Excellency Josialt Martin sFl'"re (7; C)VCl'T ll' (C 5" e: Governor &c: &c: [:G OV. MARTIN TO LORD) VWM. CA.MPB1;.Ki.] Scorpion Sloop of Wa-ar in Rebel)lion Road. Dcc': lst 1.775. MY LO)D, I al hlonoured with your Excellency's letter of this day's date lby the hand of Captain Innier and I feel myself sensibly obliged 260 COLONIAL RECORDS. by your Lordship's very kind and flattering expressions of your satisfaction on my arrival in this Province. The pleasure I enjoy in meeting your Government I owe to the prevalence of your Lordship's instances with Captain Thornbrough to order the Scorpion Sloop of War from her station at N~ Carolina to this place that reduced me to the necessity of choosing between the alternatives of returning to my very inconvenient and streightened quarters on board the Cruizer Sloop whose little Force did not assure me of protection from the Rebels in that Colony or of coming hither in the Scorpion which I could not think myself justified in detaining there while I was taught to believe that danger so nearly impended or rather so closely pressed upon your Excellency aTnd Captain Thornbrough Amidst this choice of difficulties I determined on the latter part that the Scorpion might give such succour as your immediate exigencies should require and that I mlight at the same time concert some plan of operations for the restoration of His Majesty's Government in both our Provinces agreable to your Lordships proposition to me by your letter of September on being made acquainted with the foundations of it and make my representations to your Excellency and to Captain Thornbrough on the Expediency of the Scorpion's return to her appointed station in North Carolina where the posture of affairs is so critical and in a state promising so great advantages to Government as to demand every cherishing support and all my most vigilant attention. In this situation of Things your Lordship I am persuaded will not be surprized that my satisfaction on meeting you here is not without alloy, arising from the anxiety and sollicitude of which I cannot possibly divest myself while I am conscious of being out of the sphere of my Duty to the King and when I consider that I am remote fiom my proper station which becomes every day more interesting and important and wherein I expect very soon to be enabled effectually to promote his Majesty's service. It can little avail your Excellency or myself to inquire or to know where the now generally prevailing spirit of Rebellion in America originated. It is a melancholy Truth of which no evidence is wanting that at this day it is spread almost universally over this Continent that both our Provinces have received the fatal contagion and that they are deeply involved in all the crimi COLONIAL RECORDS. 261 nality and guilt belonging to it; and I flatter myself your Lordship will do me the justice to believe that I am most heartily willing and disposed to cooperate with your Lordship for the restoration of his Majesty's Government in the one and the other. AMy duty to the King as Governor of North Carolina your Lordship knows necessarily makes the reclaiming that Province to obedience to Lawful authority the first object of my attention, next to that my wishes would lead me to make myself as much and as far useful as my humble abilities may render me to His Majesty's services in general and I should be particularly happy to find myself in any situation to be at all conducive to the success of your Lordship's endeavours to restore the authority of His Majesty's Government in this Colony. An impression made here or anywhere else my Lord at this time would produce extensive good effects without doubt and no opportunity of making it ought to be neglected but I am not acquainted with any means your Lordship has to make impression here in the present moment and your Excellency must be sensible from my representations of the state of North Carolina how unfit and unbecoming as well as how unjustifiable it would be in me to desert my Post there and to turn my back upon all my fair prospects of reducing that Colony to order on pretence of watching in your Excellency's Province and Department for possible or even probable remote favourable contingencies of which your Lordship expects to avail yourself for the restoration of the authority of Government here and that I may sincerely hope nay accomplish all your good wishes. As I do not understand that his Maj:tv" service can be at all promoted by the Scorpion's dtay here at this time and as my Duty indispensibly and pressingly urges my return to North Carolina I have requested Captain Thornbrough to order the Scorpion to repair to her station forthwith, lamenting that I have it not in my power to spend more time with your Excellency at present. I beg leave to repeat my assurances to your Excellency that I shall be happy on every occasion to cooperate with you for tle advancement of His Majesty's Service and to maintain the kindest reciprocations of Friendship by every means of communication and correspondence. I have the honor to be with the greatest respect MIy Lord, your Excellency's most obedient and most humble servant J" MARTIN 262 COLONIAL RECORDS. [FROM MS. RECORDS IN OFFICE OF SECRETARY OF STATE.] Col. Robt. Howe's Letter to Provincial Council with sundry papers Inclosed 30th Dec 1775 SIR, I have not been able to get a Man to Ride Express to Johston tho' I have been endeavouring it for several Days and now am obliged to send this Packet to Edenton to be forwarded from thence. This may be very surprising to you but we are shut out from all direct commnuniication with Johnston Court House, so I am forced to take this round about way. Indeed I had notlhing very imlportant to communicate so that I was the less anxious about it, especially as I hardly expected to find you Sitting. I have directed Mr. Robert Smith of Edenton to forward this letter to the Council (if Sitting) by Express and if not to send it to the President wherever he may happen to be. I inclose you a Copy of a Resolution transmitted to me by the President of the Virginia Convention by which you will see the I-igh sense that Honorable body entertain of the assistance sent them by our Province. I likewise send you a Copy of the Presidents letter in which it was Inclosed, in that you will observe the care they took to give credit to our Currency, in Consequence of some difficulties I found on my first arrival from the Tory Spirit of opposition in this Neighborhood, but as the money now passes with the readiest acceptance I shall not trouble them to Exchange it. I send you Sir several Copies of letters passed between Capt. Bellew of His Majesty's Ship the Liverpool, Lord Dunmore and myself. And I shall be happy if my conduct meets with the probation of your Honorable Board. The Liverpool is a large Frigate, with her came a store ship with 4000 stand of Arms anrd every other kind of military stores. We were informed they had mounted two Mortars, we therefore have been in M:oinentary Expectation of being Bombarded, they fired very smartly last night upon one of the Guards and tho' they shott thro' the Guard House and among the men not a man got hurt. Last night arrived a large Vessel and several less vessels on board of which some soldiers, they say, 300 are arrived. The Imen of war many times yesterday fired signal Guns which were distinctly answered from vessels in the Bay. I have sent scouting parties down the Bay to make obser COLONIAL RECORDS. 263 vations, they are not yet returned I expect them with anxiety. Everything here wears the face of action, for which we are not so well prepared as I wish, the men we have are not enough to occupy a place so extensive as this is. Their duty is very fatiguing, to which the very cold and very wet weather has very much added, we shall however I persuade myself give a good account of them come when they will. Every circumstance conspires to demonstrate this colony will be the seat of war, and Norfolk a place of Arms. To those who have command of Navigation, it is the most advantageous situation I ever saw and Government would be wanting to itself should the Fatal policy of Enslaving America continue, did they not endeavor to obtain a place which would Barrack any number of troops and at once annoy two Colonies with the same number of men, I look up on it that Virginia and North Carolina must stand or fall together, and then if they fall Norfolk will be the cause of it. I send you a copy of my letter in the Virginia Convention upon this subject, this will more fully explain my Sentiments upon this occasion. I have been long in expectation of Receiving your instructions Particularly as to Mr. MceKnight. I inclose you two Depositions and if they are not enough can get fifty of the same sort. I induced Col Gregory and sonie other Persons to have an Eye to his Effects, and if Necessary to call out some of the minute Men and Militia rather than let his property be removed, I send you Col. Gregory's Letter just now received, Please let me be favored with your Instructions as soon as possible, you nmay be Assured it will be my Pleasure to obey them upon all Occ(asions. Our Commissary has hitherto supplied us with provisions, Please inform me if he is to Continue to do so. I am more anxious to hear from the Council than I can express, oblige ime for God sake with a letter. I think it my Duty to mention how absolutely Necessary it is in my humble opinion to prepare for a defence at this Alarming Crisis, when Arms alone can give us safety. I lament when I reflect upon the Disarmed Situation of North Carolina, and can Sir assure you that when to-day I sent out by order of tile Committee of Safety to Procure Arms for my own Regiment, the officers could find hardly any Inhabitants armed, and such as had Arms, not one in twenty fit for service, This Sir I take the Liberty to Mention, and in which I hope I have not Deviated from that 264 COLONIAL RECORDS. respect which I so truly bear to your Honorable Board. Virginia seems to grow out of conceit of the minute Battallions, and place their reliance upon Regulars of which they are going to raise several thousands, they are getting up workmen to make Arms, and are taking every method to procure Artillery and Ammunition, and are putting their Army upon the most Respectable footing. They expect every moment to be invaded and are sitting night and day to make preperation for it. Give me leave sir thro' you to present my Respectful Compliments to the Hon Council whose Orders I shall be happy to be favored with and to whom I hope my conduct has been agreeable. I am Sir with the Greatest Respect, Your most obedient humble servant, ROBT. HOWE Norfolk 30th Dec. 1775. Maj. I-Iangerford admitting me to take a copy of Mr. Pendleton's letter please send me Back or a copy of it. Since I wrote the above I have received the letter fiom Captain Bellew a copy of which and of my answer I send you. I have broke open the Pacquet to inclose them. the Inhabitants of the Town are to Evacuate on demand, and I then imagine we begin to com-,mence a different kind of correspondence. [FROM JOHNSON'S TRADITIONS OF THE REVOI]UTrlION, 1776.] Tory Insurrection in South Carolina 1775. The committee of Safety, as soon as they heard of the Cunningham's resistance, sent off orders to General Richardson, of the militia, and to Colonel William Thomson, of the rangers, to march forward and suppress it. Richardson was already advancing with eleven hundred men, and his forces were increasing every day. The Patriots of North Carolina, with nine hundred men, under Colonels Polk, Rutherford, and Caswell, joined him after he crossed the Saluda, and with othbr reinforcements, gave him the corinand of more than four thousand men. All opposition was considered desperate, but the royalist continued in arms, retreating under Patrick Cunniingham into the Indian Nation, whose neutrality they supposed might protect them. The powder which they had seized was recovered, most of their leaders were arrested and COLONIAL RECORDS. 265 sent down to Charleston. Cunningham's party, when much reduced, was surprised in the Cherokee country, and many of his men captured; but he escaped on his horse, bare-backed. [REPRINTED F.ROM THE REMEMBRANCE OF PUBLIC EVE'NTS 1776.' Part 1. Pages 110 and 111.1 The Provincial Congress of North Carolina broke up on Sunday the 10th of September, 1775, after having sat three weeks at Iillsboroughl: they have raised 1000 menand have voted 50,0001 proclamation money to be immediately struck for the subsistence of the troops and 3000 minute men who are to be immediately enlisted: they have appointed a Provincial Council of Safety, consisting of 13 persons, with full powers to regulate the army, and in all things to act for the strengthening, securing, and defending the Colony, against the attempts of external and internal enemies; which Council is to meet at Johnston's court-house on the third Tuesday of this month, and every three months thereafter, if found necessary. Committees of safety, consisting also of 13 persons, are appointed for each district in the Province, who, under the control of the Council of Safety, are to direct the operation of the army; they are likewise, with the Council of Safety, to compel all debtors, suspected of intending to remove tlemselves out of the province, to give security to their creditors, and in default thereof, to cause the person or effects of such debtor, at the option of the creditor, to be secured till the creditors are satisfied. 177(. [B. P. R. O. AMERICA & W. INDIES. VOL: 229. N~ 10] Lord William Campbell to Earl of Dartmouth. Oherokee Armed Ship in Rebellion Road. 1. January 1776. MY LORD, -x- -* * * * * * -X- * -X- -* - X- - * -- *X - - * * - *XOn the 30t' of November the Scorpion with the Transport under her convoy arrived here having Governor Martin on board who I soon found had left Cape Fear only to secure the Scorpion's inmmne 266 COLONIAL RECORDS. diate return. His situation has long been very disagreeable on board a very small sloop and it was natural for him to wish to keep the ship appointed to the North Carolina Station and he therefore applied to. Captain Thornbrough to order the Scorpion immediately back which he did. I plainly foresaw the consequence of this step would be abandoning Charlestown Harbour I therefore thought it my duty to remonstrate against it but without effect and the Scorpion with the Transport and three vessels that had been stopped here sailed for Cape Fear leaving us in a worse situation than they found us, as the Rebels were greatly elated at their departure and the very next morning landed a body of men on Sullivan's Island where they never had ventured before, burned the only house upon it, consumled the little all of three poor families who had taken refuge there, carried off the people with two nen belonging to the Cherokee who were ashore watering and destroyed their Casks. The day after the Rebels got some Guns upon the Main Land on the North side of the Harbour nearly opposite to the end of Sullivan's Island, off which, the King's ships lay and immediately threw up a work and erected a Battery of four eighteen Pounders. These circumstances which I clearly foresaw are so truly distressing to me as I could not agree in opinion with Governor MaLrtin as to the comparative importance of the two Provinces, nor with the commanding Officer of the King's ships as to the Propriety of his conduct; that I will not dwell any longer upon the slubject I only beg leave to transmit to your Lordship some letters that passed between Governor Martin, Captain Thornbrough and myself. I can with the greatest truth assure your Lordship 1io consideration of any merit that might be attributed ine from the first impression being made in his Majesty's Province under my command influenced my conduct; had I thought it would have been more conducive to the King's service I would have chearfully served as a volunteer with M1 Martin in North Carolina rather than have divided our little Force but I cannot from what I have hitherto seen give up my opinion of the vast difference between the Provinces in wealth, strength and of course in the power of doing mischief I therefore must have good reason to make me think our whole puny Force ought not to have been collected in Charles Town Harbour to keep that Port open: leaving a small vessel to COLONIAL RECORDS. 26-7 cruize off Cape Fear to give necessary information to any King's ship that might arrive. While I so freely declare my sentiments and my dissent from the proceedings in Rebellion Road, I have the pleasure to assure your Lordship, the only dispute that can be Mr' Martin and me will be which of us call most effectually serve -our most gracious Sovereign. -I+* * *< -x- *- * * * * '{ —X-9-~- ~ —X- - X —XI have the honor to be with great Truth and Esteem My Lord Your Lordships most obedient and most humble servant WILLIAM CAMPBELL. To the Earl of Dartmouth (Recd 29t" February.) [HENRY LAURENS TO PROVINCIAL COUNCIL OF WILMINrIiON.] (From Collections of the Historical Society of South Carolina Vol. 3. pages 142 & 143. Journal of the Council of Safety.) Charles-Town, South Carolina Jan. 2nd, 1776. GENTLEIENYour several letters of the 20th and 25th Nov. and 9th Dec., and one of the 5th Dec., from the Committee of Safety for the district of Wilmington, are before this board. We return our thanks for the several important advices communicated to us, and we are particularly indebted to your colony for the assistance given, by provincials and militia under several North Carolina conmmanders, to Col. Richardson in his expedition against the insurgents on our western frontier. Those people are, we hope, effectually subdued; many of their leaders are in jail; others have field the country; hundreds of the common class have surrendered their arms, and plighted their solemn promises to behave quietly for the fiture. The knot is broke, and we shall be watchful to prevent a reunion. We wish it was in our power to assist you with the article of gun-powder, But as we are ordered by the continental representatives to defend Charles-town to the last extremity; and as we have undoubted intelligence that a formidable attack is very 268 COLONIAL RECORDS. soon to be made on this capital-we consider our stores very scanty, even for the purpose of defence-and we trust our people will exert themselves to such effect, as to make, if we are to be overpowered, the want of ammunition the last extremity. We have various voyages in motion for procuring that article; and if your wants continue, you mnay depend upon sharing in our success, if one half of our vessels return agreeable to oilr expectations. The Scorpion man-of-war has been here, and sailed again about a fortnight ago, with two Burmuda sloops and a coasting schooner, together with, as we are informed, thirty or forty negroes which Capt. Tollemache was pleased to seize while he was in Rebellion Road. From the time of such seizures, we resolved to supply the men-ofwar with no more provisions; nightly mnaraudings and robberies on our sea-coast immediately followed; but those being soon well guarded, and a descent made upon Sullivan's Island, where the house thereon was burnt, and some important prisoners taken, the Tamar and Cherokee, together with the Sandwich packet and an armed schooner, have been reduced to a very small stock; these vessels, therefore, are now to remove from out of this harbour in search of provisions, and would have gone over the bar yesterday if tile wind had not failed. We are told they are bound to the river Savannah —and we fear they have more mischievous schemes afoot than merely to obtain bread and beef-probably to protect ships loading there in violation of the General Association, and to overawe the friends of liberty. Mr. John Lot Phillips, we apprehend, did not come to Charles-Town, as we never heard of him. Had he appeared, we should have cheerfully rendered the services which you desired. We have been frequently spurred on to preperations for defence, by such reports as you had received of ships and fleets on our coast. Hitherto, however, we have remained quiet from the sea board. But no doubt the day will come; the longer it is postponed the better, we shall be provided against it. We have no great powers, and, therefore, make no boast-such as we have we trust will be fully and properly exerted. The bearer of this Capt. Alex. Wylly, is the owner of the schooner which Capt. Tollemache conducted from hence, as Mr. Wylly learns from North Carolina, in order to obtain a condemnation in admiralty. COLONIAL RECORDS. 269 He is satisfied in himself, that there is no foundation for condemning the vessel, and, therefore, intends to lay a claim, and hopes for success. He has procured recomnmendations, from some of his friends here to merchants in your colony. We beg leave to recommend him to your countenance, and such protection as you can. afford to an unfortunate man brought to poverty by our coimmon enemy. By order of the Council of Safety. EIENRY LAURENS, President. Provincial Council of Wilmington, N. C. LB. P. R. O. AM: & W. IND: VOL: 222.] (M. Moore to Gov. Martin.) In Gov: Martin's (N~ 8.) of 17t" May 1777. (1.) Wilmington Jan'r 9th 1776. SIR, It appears from the King's speech to Parliament of the 26th of October last that the military operations which will probably be pointed against America in the Spring are founded on the principle of retaining the constitutional dependance of the Colonies and preventing them from establishing an independant 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 Doctor 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 1763. 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 independency on the present state and asking the favour of its' Sovereign and a reconciliation with their fellow subjects at home on the terms Lord North says the administration will be satisfied with I verily Believe Sir should your excellency think it proper to call an Assembly it will be found to be the sence of this Province that it is the duty of all the Colonies to submit and to return with cheerfulness to the same political condition they were in in the year 1763 270 COLONIAL RECORDS. I wish your Excellency would favour me with your Sentiments on the subject of my letter as soon as may be I am Sir your Excellency's most obedient and most humble servant M. MOORE. (A true copy) JO: MARTIN. [FROM RECORDS IN OFFICE OF SEC. OF STATE] To the Hon"'e the Provincial Council of Safety of North Carolina from The Honu' the President of the Convention of Virginia Letter 10 Jan. 1776 respecting Col. Howe's spirited Conduct. Williamsburg Jany 10t' 1776 GENT. The Convention of Virginia have received your polite favour of the handed to them by Col. Howe. And I am commanded to make their acknowledgements for the very Friendly and well timed Assistance afforded this Colony and the Common Cause in the March of that Gent & your Troops to our Assistance at Norfolk. The Success was important, and if it may not seem unnecessary to speak of this worthy Officer to you, Gent, we can with equal truth and pleasure assure you, he has in everything conducted himself like a brave, prudent & spirited Commander, and given general Satisfaction to the Country and Army. Pleased however as we are with his Services and sensible of their great advantage, we shlall provide for his relief as soon as possible, lest you should be attacked in his absence and receive Injury by your kindness to us. I aml with great resplect G(ent. Your m11ost Obed. Servt. EDMD. PIEN DLETON Presidt of the Convention.,.. COLONIAL RECOR~DS.21 271 [FROM JOURNAL OF THE COUNCIL OF SAFETY (Vol. 3, pages 237-238.] Charles-Town, South Carolina, 30"tI ~Januiary 1776. Gentlemnen-We are favored with your letter of the 24t1 tilt., by the hands of Waightstili Avery, esquire, to which we have paid all possible attention and regard, by consentiiig, out of our very small fund of gunpowder, to supply your colony with one thousand pounds weight; which, according to M1r. Avery's arrangement, we have ordered to be delivered from George-Town and Cam-rden stores, viz:seven hundred pounds on the Committee of George-Town, and thiree hundred pounds by Col. 'Itichardson 01' MIr. Joseph Kershaw, at C'aiden. Your order to thie, Committee to whioi we have written, at George-Town, will. be complied with; Mr. Avery will take charge of that which is to go froin Camnden. We are extremely sorry that we cannot send you time fuill qualmtity which you require. Two days before -Mr. Avery's arrival we received a miost pressing demand from Savannah, in Georgia, for 50001b, claimed in r eturn for a loan. We had it not in our power to repay (if it was duie) more than 20001b. This unexpected demiand was mnade in consequence of menaces from the Commodore of the ships-of-war at Cockspuir to burmi Savannah, and has proved a bar to further supplies to you.. We had. inideed received, some months,, ago, 50001th powvder from Georgia, but the wol~mie was f'orwarded to Philadelphia for' thie use of' the Contineittal arirny. These several c,-irctiinmst-anc~es have really i'l verishied us at a junctuire when wve, also, are threatened with severe attacks, against wh~ich we are pe par'ig to mnake a prmoper' defence. We have mnany vessels a'broad in secarchi of tlhe miecessary amrticle, and we o'ive gi'eat encouraogeinent to the mnanufactutre of saltpetre-I and gunpowder. We lately paid a p1'e~miumi for the fimrst fif'ty ipolmlds produced at one works. If every pine'and farmier would (devote a vem'y little of' the timi-e and labourm of' his servants to thie manuifacture of' thait article, Amem',i c would not reqiuire supplies of' grinpowder fri'on abmroad. We' wrote you. the, ~2" Inst. by a Capt. Wylly, wh.-Io w-as (-rilg to your Colony in order to claum a scoonom' wlm-ich Capt. Tollemnache, had sej.zcd fr'om him; 'but. hiavingc heam'd on- his joiurne10y thlat tihe scoonem'r had foundlered in the intended voyagge t o C~a pe Fe("a r, hLe, 272 COLONIAL RECORDS. turned back, but assured us he had forwarded our letter by a safe hand. By order of the Council of Safety. HENRIY LAURENS, President. [Vol. 3, PAGE 241.] Provincial Council, North Carolina. The following nmemorandum was delivered to Waightstill Avery esqr., "1000 lbs. gunpowder from South Carolina to North Carolina. Cost 37s 6d per lb., ~875; equal to $1154, and 5s over." In the Council of Safety, at Charles-Town, 31st January, 1776 HENRY LAU RENS, President. "Draughts to be made payable to the order of Congress, or the Council of Safety, for the time-being, of South Carolina, and remitted to the Treasury in Philadelphia-subject to the order of such Council of Safety or Provincial Congress." [FRO.M Ms. RECORDS IN OFFICE OF. SECIRETA.RY OFb S'ITATE;.] Continental Resolve respecting the exporation of Naval stores from Colony to Colony In Congress Tuesday February 13th 1776 Resolved that when Naval Stores shall be wanting in any of the United Colonies, the Assembly Convention, or Committee of Safety of such Colony may intrust a proper person or persons to Import the same taking sufficient security of him or them that they will faithfully use their best endeavours to import the same, into such Port or Ports as the said Assenbly, Convention, or Committee of safety shall direct, and as much as possible to avoid all British men of War and matters giving him or them a certificate or certificate of the Naval Stores wanted, and also of his having given the said security and that it will be Recommended to the Convention, Council of Safety and Committees of observation and Inspection of North Carolina, upon receiving such certificates to permit the person or persons producing the same, to export the Naval Stores wanted by the Colony applying for the same, to such Colony. COLONIAL RECORDS. 2'i3 It is further recommended to the said Convention Couieil of Safety Commu-ittees of Inspection aiid observatioun in North Car-olina to give perrmission to such Vessels as rinay have arrived in. that Colony for those Articles or such of the vessels belonging to thcat Colony qs they nmay thiink proper, to export N'aval Stores to anSy of the United Colonies they taking security as in the othir er cses above mentionedI Extract fromn the mninutes Fnom JOURNALJ OF the COUNCIL O F 'SNFETY, VoL. 3 PAGEs 260() & 261] (Collection of thie Historical Society of South Carolina.) in the Couincil of Safety, F'rilay, 16th Feb., 1776. The-3 Council met. The foilowving orders were drawn on the colony treasnry-to pay: To Col. Thwoi-tas Polk, for pa7 anid rations of the North Carolina volunteers on the expedition under Col. Richardson, and for rations to Col Mlfartin's detachlinent-to ibe c:hargel to Col Richardson's expedition ~'16,005.06.O0. 262. To Col. Robert Lainier tor rations anld waggons, for Col. Rutherford, Col. GrahamT and Col. Martin's regiments front North Carolina on Col. Richardson's expedition, ~2,590.06.00. 263. To Col. Richardson, for discharging the pay of a dletachinent from Col. Griffith Rutherford's regiment fromr North Carolina, on Col. Richardson's exledition, and for r:ations and wagon hire, ~888.00.0. [VoL. 8 PAGES 87 & 88] (Edmund Pendleton to N. C. Council of Safety.) W's bnrg, 17"t February, 17176. GENT'N: Yonr favor of the 14t' cane to us last night, its intelligence is truly alarmiing, and seems to be the beginning of a schemne mnention'd in the papers to be formed by admin. of sending troops early to attack your province and ours, which Gov. Martin had promised 18 274 COLONIAL IRECORDS. to second by raising af number of men with you; however this be, it is prudent that we should unite in the exertion of all our powers to suppress it as soon as possible. Powder is scarce with us, we could iiot, however, avoid sending you a part of our small stock, anid have delivered ye messenger 500 lbs. to b~e returned in kind, if supplies enable you, otherwise to be paid for at ye price we give. Of lead we had no large quantity here, arid besides, apprehend it wouid retard your messenger's return unnecessarily to send your proportionate quantity of that; we therefore onily seild.500 lbs. for nimnediate us(-Ie, not doubting but every house will afford assistance if necessary inl thcat article. Our regulars are raising fast, but iione of them. embodied except ye two old regiments stationed here and at Suffolk, froin when-ie circumstances will not adimit of their beintg sent, ard we can only assist you in mien fromii Mlilitia or volunteers from the counties bordering on you, all of whomn we are pei'siaded, you will find ready to afford you any assistance in their powers. From Pitsylvanifa and Mecklenhirg, we had received intimelations of their expecting such a call an-d inclination to go to your assistance, and had our orders to be ready for a march, wheni you called for themn; from the former you may expect some of our best ifileimen. Great as we consider the benefits derived to us fromii the comnmaind of ColP H(owe, we can't think of detaining him a monlenWt when lie is so Much needed in his own. Country, we shall therefore send -an express to him with your dispatches, and request hmium to repair to you wvith all Expedition. We wish yon great success, and are, Gent., Y'r most obed't scrv't, EIDM'Il) PEND)LETO)N, Presd't. The Committee also senids copie:s of the said (ispatches to Col. h1ower- inI thme follow-inig Letter. X'1nxT'irirg, 'February 1Sth 1776. We last ni'thmt riceived frominm ye Lalif-ix Town., time (lispatcehes of whici[ h- ave now thie hionior of inclosing' you copies. We Qut of onur smiall stock of ammunii ition, co(uld],avoid span igl. 59 00 lbs. atnd sonic hteaed, Wc'lm their messenger hats recei vecd. On im coiities, COLONIAL RECORDS. 275 bordering on your province, we are persuaded, will cheerfully march to their assistance, the moment they are called on, and are the inore strongly assured of this from having received intimations of wllt is now doing-from our counties of Pitsylvania, and Meeklenburg, and their wishes to be allowed to march to ye assistance of their neighbors, we'h we directed them to hold themselves in readiness for and to go whenever called on, these I hope are already with you, and from the formrer you will get some of our best RPiflemlen. You'l observe Sir, w'th what friendly politeness they request y'r return. We should be wanting in Gratitude, as well as every other feeling, if we impeded this reasonable requisition and cont'ed to retain the great benefit of your judicious and experienced command when y'r own country so muich requires your assistance; this comm'ee therefore cannot hesitate in beseeching you to repair to them as soon as you can make it convenient, and to accept their reiterated thanks for the eminent services you have rendered the common cause and this colony, in particular during the time we have been fav'd with y'r assistance. Anything you may think of further service you'l please to communicate to Lieut. Col~. Scott, upon whom the command will devolve. You'l also judge whether it is most for the common good, to leave y'r men or any of them, or carry them home; if you should judge our numbers too small to secure the post, and on that account leave y'rs for the present, we hope they may soon be relieved, as we have ordered the regular companies designed for that station to repair thither as fast as raised. Or Col' Scott may perhaps call in militia for the present, to save the necessity of your men staying, who no doubt will be anxious to return with you. You'l be so obliging as to give our Commissary a proper certificate to entitle us to a credit with the Continent, for any provisions he may have furnished your troops. I wish you health and that you may soon c(rush those vile wretches, who are cndeavoring to destroy a Country, which has fostered them. For and by order of the Committee of Saf(ty, 1 hatve the lhonor to be with great regard. Sir, Your most obed't servant EDII['ID PENDLETON, President. 276 COLONIAL RECORIDS. [FROM JOURNAL OF COMMITTEE OF SAFETY OF VIRGINIA. VOLI. 8 PAGE 87] Sunday, 18th February, 1776. Present: Mr. President, Mr. Page, Mr. Jones, and Mr. Walker. Tho' there were not a sufficient number of members to make a eomm'ee, yet important advices arriving from North Carolina, the above members thought it necessary for the public service to proceed therein, subject to the future controul of the comm'ee. Ordered, that 500 lbs. powder and 500 lbs. Lead be delivered to Mr. Win. Amis for the use of the province of North Carolina, the powder to be repaid in kind, if it can be done, or paid for at the price we give, and an Escort of 4 men thereto is allowed; and the following letter was written to Col. Long, &c: From the New-England Chronicle, Boston, Thursday April 25, 1776. The following letters passed between General Moore, and the Tory General M'Donald, before the battle of Moore's Creek. * A letter from Donald M'Donald, Esq; lately elected Brigadier General in the Tory Army by Governor Martin, to Brigadier General Moore. SIR: I herewith send the bearer, Donald Morrison, by advice of the Commissioners appointed by his Excellency Josiah Martin, and in behalf 6f the army now under my command, to propose terms to you as friends and countrymen. I must suppose you unacquainted with the Governor's proclamation, commanding all his Majesty's loyal subjects to repair to the King's royal standard, else I should have imagined you would ere this have joined the King's army now engaged in his Majesty's service. I have therefore thought it proper to intimate to you, that in case you do not, by 12 o'clock tomorrow, join the royal standard, I must consider you as enemies, and take the necessary steps for the support of legal authority. I beg leave to remind you of his Majesty's speech to his Parliament, wherein he offers to receive the misled with tenderness and mercy, front motives of humanity. I again beg of you to accept the proffered clemency. I make no doubt, but you will shew the gentlemen sent on this message every possible civility; and you COLONIAL RECORDS. 277 may depend in return, that all your officers and men, which may fall into our hands shall be treated with an equal degree of respect. I have the honor to be, in behalf of the army, Sir, Your most obedient humble servant. DON.!M'DONALD. Head Quarters, Feb. 19, 1776, His Excellency's Proclamation is herewith enclosed. Brigadier General Moore's Answer. SIR: Yours of this day I have received, in answer to which, I must inform you that the terms which you are pleased to say, in behalf of the army under your command, are offered to us as friends and countrymen, are such as neither my duty or inclination will permit me to accept, and which I must presume you too much of an officer to accept of me. You were very right when you supposed me unacquainted with the Governor's proclamation, but as the terms therein proposed are such as I hold incompatible with the freedom of Americans, it can be no rule of conduct for me. HIowever, should I not hear farther from you before twelve o'clock tomorrow by which time I shall have an opportunity of consulting my officers here, and perhaps Col. Martin, who is in the neighborhood of Cross Creek, you may expect a more particular answer: meantime you may be assured that the feelings of humanity will induce me to shew that civility to such of your people as may fall into our hands, as 1. am desirous should be observed towards those of ortrs, who may be unfortunate enough to fall into your's. I am, Sir, your most obedient and very humble servant, JAMES MOORE. Camp at Rockfish, Feb. 19, 1776. From Brigadier General Moore to Brigadier General M'Donald: SIR: Agreeable to my promise of yesterday, I have consulted the officers under my command respecting your letter, and am happy in finding them unanimous in opinion with me. We consider ourselves engaged in a cause the most glorious and honourable in the world, the defense of the liberties of mankind, in support of which we are determined to hazard everything dear and valuable and in 278 COLONIAL RECORDS. tenderness to the deluded people under your conmmand, permit me, Sir, through you to inform them, before it is too late, of the dangerous and destructive precipice on which they stand, and to remind them of the ungrateful return they are about to make for their favourable reception in this country. If this is not sufficient to recall them to the duty which they owe themnselves and their posterity inform them that they are engaged in a cause in which they cannot succeed as not only the whole force of this country, but that of our neighboring provinces, is exerting and now actually in motion to suppress them, and which mrust end in their utter destruction. Desirous, however, of avoiding the effusion of human blood, I have thought proper to send you a test reconmmended by the Continental Congress, which if they will yet subscribe we are willing to receive them as friends and countrymen. Should this offer be rejected, I shall consider them as enemies to the constitutional liberties of America, and treat them accordingly. I cannot conclude without reminding you, Sir, of the oath which you and some of your officers took at Newbern, on your arrival to this country, which I imagine you will find is difficult to reconcile to your present conduct. I have no doubt that tie bearer, Capt. James Walker, will be treated with proper civility and respect in your camp. I am Sir, your most obedient and very humble servant, JAIMES MIOORE. Camp at Rockfisll, Feb. 20, 1776. From Brigadier General M'Donald to Brigadier General Moore. SIR I received your favor by Captain James Walker, and observed your declared sentiments of revolt, hostility and rebellion to the King, and to what I understand to be the constitution of the country. If I am mistaken future consequences must determine; but while I continue in my present sentiment, I shall consider myself embarked in a cause which must, in its consequences, extricate this country from anarchy and licentiousness. I cannot conceive that the Scotch emigrants, to whom I imagine you allude, can be under greater obligations to this country than to the King, under COLONIAL RECORDS. 279 whose gracious and merciful government they alone could have been enabled to visit this western region: And I trust, Sir, it is in the womb of time to say, that they are not that deluded and ungrateful people which you would represent them to be. As a soldier in his Majesty's service, I must inform you, if you are to learn, that it is my duty to conquer, if I cannot reclaim, all those who may be hardy enough to take up arms against the best of masters, as of Kings. I have the honor to be, in behalf of the army under my command, Sir,,Your most obedient servant, DON. M'DONALD. To the Commanding Officer at Rockfish. [FROM Ms. RECORDS IN OFFICE, OF SECRETARY OF STArTE.] Col" Purveances proceeding at Wilmington. Wilmington, 29t"' Feb. 1776. Gentlem ien Since I had the Honer to write to you last Saturday, the Cruiser Sloop of War with three other armed vessels arrived in view of this Town, on monday evening. The next morninig Governor Martin made a demand of One thousand Pounds of Flour. And Captain Perry Informed the Inhalbitants that he should come up in the Evening to know the reason why the King's Shipes had not been supplied with:Provisions, as usual. The Committees gave answer to botll these Messages. The Governor replyed and was again answered, and Captain Perry sent a Note Yesterday for some fresh Beef. I have transmitted you Copies of the papers which past oni this occasion and I hope what have been wrote by the Conmmittee will meet with your approbation. It is worthy your notice the different Styles in which Mr. Perry writes first and last the first is an imposing demand, the last a request. These Vessels are lying here with intention to cover the landing of their highland Friends, whom they expect to come down in triumph. How sensible must be their disappointment when they hear that all their hopes are frustrated. The inclosed is a Copy of a Letter rec'd from Col~ 280 COLONIAL RECORDS. Moore and contains one of the fullest Account of the Battle we have yet received One of our Expresses that returned today from the Camp informs us that the highlanders broke down their Waggons, and many of them rode away three upon an horse. We impatiently wait for all the particulars of this action which tho' it may appear trifling, will I doubt not be attended with the most important consequences, for as two of the Tory leaders and particularly the second in Command fell in the Action I think it very improbable that the Principal Officers will be able, were they ever so willing to unite the Army again. Indeed we are assured that the few Regulars they had among them have left them and that they discharged what Prisoners they had, and I have no doubt but many of the poor highlanders will be pleased to get home, being, as they confessed forced and persuaded, contrary to their inclinations into the Service. I have inclosed you, Gentlemen, a return of the Men under my Command. You will perceive we are far from being powerful and Col. Salters men arrived only yesterday Evening the men I have being very insufficient considering the Cost I have to maintain, and the almost numberless preparations for defence which I have got to make. I shall tomorrow have a Battery prepared, and a nine pounder mounted, and as soon as it can be affected, I shall a few Six pounders. After this I shall have it in my power to compleat the fire Rafts, from which I was obliged to desist on the arrival of the armed Vessels. Col. Ashe and his party has been here since Saturday, without having done any Duty. He had told Col. Rhodes, that he would let me have 58 men or mrore to assist in cornpleating the Battery. I had sent a civil message for that purpose, but before it could be delive'red M'r Wm' Robeson came, and said it would be necessary to have it in writing. I accordingly sent a written Message whiclh is enclosed and which I thought could not give offence even to the self important Col. Ashe. IIe thought proper hlowever to return it with a verbal answer, that he did not obey any orders. I had found it necessary to supply the mreni under my commnand with some Spirits, as they complained much and fiequently that they had not the Allowance of the different Articles allowed the Regulars by a resolve of your I-onb"' Board? What those articles are to consist of I canmnot possibly say-as there is not a single News paper, COLONIAL RECORDS. 281 in which the resolves is published to be found. AMr. Ward who acts as my Lieut. Col. had under taken to distribute Rum to the different Companies and Twhen he was applied to for Col. Ashe's Volunteers they demanded the daily Allowance of half pint for each man from the 9th instant inclusive, which he complyed with, tho they were not embodied that day, and had been some part of the time with the main Body consequently not in my Department. I have taken care to let MJr Ward know, that he must apply to the Volunteers for payment of the quantity he delivered as I shall not account it in his Accts. Col. Ashe advised nme on the appearance of the Cruiser and other armed Vessels to abandon the Town and join Col. Mloore. The few men I had would have been of little service to the main body and I had not the least idea of deserting a Post of so mnuch importance, and which I knew the Enemy intended to occupy. On the 27t' inst. his people applied for six rounds of Cartridges declaring their intention of joining the main body. They had that additional supply of Ammunition, yet they are still in Town. I have told the Colmmissary that they are no longer to eat at the publick Expence. This moment Col. Salter arrived from the N. East Bridges, having yesterday Evening received orders to march his men upwards to intercept the Enemy, so that I must once more part with some of the little Army I have but the occasion is so p)ressing, among hopes so sanguine, that I can see them march without regret. General Macdonald is taken Prisoner. He was drawn out of a lurking hole, where lie had been concealed by a free Negro. The main body of the Highlanders keep together, but are already almost destitute of Provisions. They are now almost surrounded by Col. Moore & Col. Caswell and Expresses are gone to Col. Martin to come.down upon them, so that there scarce can be a doubt of subduing them at once. I have dispatched a Messenger with this important intelligence so necessary to be known whilst your HIon"'b Board are convened. I have the honor to be with great respect Gentlemen Your most humble Servt. WM. PIURVIANCE. -P. S. Macdonalds Baggages with tie military Chest containing a considerable Sum are fallen into our hands. A Sailor that deserted fromn 282 COLONIAL RECORDS. one of the King's ships of war, lately come fromn Boston, has been examined on Oath and declares that lie saw three thousand men drawn up which were destined for the Carolinas. They -ere to land here, and after they had effected their purposes were to go by land to So. Carolina. He further added that some of tlieir Officers are on board the S1lips now in tlis Harbour. This Account is confirmed by a Captain Erskin, who lately arrived from Newbern by land, says lie intended to go to So. Carolina & that lie fled from England for committing a Rape. IIe has severel Letters and papers which appear to confirm this Circumstance, but I thought it necessary to detain thim, for tho' in that he may have spoke truth it is no wise improbable that he lmay be enmployed by a pious ministry for another purpose WM. PIURVIANCE. [JOURNALtS OF CONGRESS, VO1,. 1, P. 277.] Friday, Maarch 1, 1776. (Exjtract.) The Congress proceeded to the election of six brigadier-generals, and the ballots being delivered in and examined, the following gentlemen were (chosen: -X -x- % q %x- s-7 %. -, -7 - ' - - % James Moore, esq.; The right hon. William, earl of Sterling; Robert Howe, esq. Resolved, That brigadier-generals Lewis and Howe be directed to repair to Virginia, and brigadier Moore to North Carolina, and to take command of the forces in those respective colonies, until they receive further orders from Congress or a superior officer. [REMEM, iBRAYNCER OF PUBLIC EVENTS 1776 PART 2. PAGE 29] Williamsburgh, March 1. Extract of a Letter from a mnelber of the Provincial Congress of North Carolina, to Col. Howe, dated at Halifax, Feb. 24, 1776. "A gentleman by the name of Smith has just lodged seven of the Leaders of the regulators in Halifax goal. He informs me, that the insurrection is entirely suppressed, with respect to the COLONIAL RECORDS. 283 regulators; and says he thinks the Highlanders are dispersed before now. I do not give implicit credit to this last conjecture. However it-is clear to me that there will not be a gun fired upon this occasion.; for the number of our troops (not less, perhaps, than 5000) will undoubtedly awe the Highlanders into submission, if they are not already dispersed. Governor Martin, it seems, had kept up a correspondencell ith the disaffected in the western part of the Province, had formed a plan of insurrection, issued Colonel's conmmissions to many counties for this purpose, and ordered that such lien as should take arms should repair to the royal standard, at Brunswick, by the 15th of this month, promising that they should be then and there supported by 5000 regulars.' Extract of a letter from Brigadier James Mioore, in the Continental Service, to the Honourable Cornelius Harnett, Esq. Plresident of the Provincial Council, North Carolina, dated Wilrmington, March 2, 1776. " On the earliest intelligence that the tories were collecting and embodying at Cross Creek, which I received on the 9th of February, I proceeded to take possession of Rockfish-bridge, within seven miles of Cross Creek, which I considered as an important post. This I effected on the 15th, with my own regiment, five pieces of artillery alld a part of the Bladen militia; but as our numbers were by no means equal to that of the tories, I thought it most adviseable to entrench and fortify that pass, and wait for a reinforcement. By the 9th I was joined by Col. Lillington with one hundred and fifty of the Wilmington minute-men, Colonel Kenon with 2(0 of the Duplin militia, and Col. Ash with about 100 of the volunteer independent yagers, making our number then in the whole about 1100; and from the best information I was able to procure, the tory army, under command of General McDonald, amounted to about 14 or 1500. On the 20th they marched within four miles of us, and sent in, by a flag of truce, the Governor's proclamation, a manifesto and letter from the General, copies of which, together with another Letter, and my answer you have enclosed. I then waited only until Col. MIartin and Col. Thackston, who I had certain intelligence were on their march, should get near enough to 284 COLONIAL REOCORDS. cut off their retreat, and determined to avail myself of the first favorable opportunity of attacking them. Hoiwever, contrary to my expectations, I learnt on the 21st that they had, the night before, and that night, crossed the N. West River, at Campbelltown, with their whole army, sunk and destroyed all the boats, and taken their route the most direct way to Negro Head Point; I thendispatched an express to Col. Caswell, who was on his march to join us with about 800 men, and directed him to return and take possession of Corbert's Ferry over Black River, and by every means in his power to obtruct, harrass, and distress, them in their march; at the same time I directed Col. Martin and Col. Thackston to take possession of Cross Creek, in order to prevent their return that way. Col. Lillington and Col. Ash I ordered, by a forced march, to endeavor, if possible, to reinforce Col. Caswell; but if that could not be effected, to take possession of Moore's Creek Bridge, whilst I proceeded back with the remainder of our army to cross the North West at Elizabeth Town, so as either to meet them on their way to Corbert's Ferry, or fall in their rear and surround them there. On the twenty-third I crossed the river at Elizabeth-Town, where I was compelled to wait for a supply of provisions till the 24th at night, having learnt that Col. Caswell, was almost entirely without. Just when I was prepared to march, I received an express from Col. Caswell, informing that the tories had raised a flat, which had been sunk in Black river, about five miles above him, and by erecting a bridge, had passed it with their Twhole army. I then determined, as the last expedient, to proceed immediately in boats down the North West river, to Dollison's landing, about sixty miles, and take possession of Moore's Creek Bridge, about ten miles from them, at the same time acquainting Col. Caswell of my intentions, and recommending him to retreat to Moore's Creek Bridge, if possible, but if not, to follow on in the rear. The next day by four o'clock we arrived at Dollison's landing, but we could not possibly march that night for want of horses for the artillery; I dispatched an express to Moore's Creek Bridge to learn the situation of affairs there, and was informed that Col. Lillington, who had the day before taken his stand at the bridge, was that after noon reinforced by Colonel Caswell, and that they had raised a small breast work, and destroyed a part of the Bridge. The next morning, the 27th, at break of day, an alarnl gun was COLONIAL RECORDS. 285 fired, immediately after which, scarcely leaving our people a moment to prepare, the tory army, with Capt. MceLeod at their head, made their attack on Col. Caswell and Col. Lillington, and finding a small entrenchment next the Bridge, on our side empty, concluded that our people had abandoned their post, and in the most furious manner advanced within thirty paces of our breastworks and artillery, where they met a very proper reception. Captain M:cLeod and Captain Camipbell fell within a few paces of the breast-work, the former of whom received upwards of twenty balls tlhrough his body, and in a very few minutes their whole army was put to flight, and most shamefully abandoned their General, who was next day taken prisoner. The loss of the enemy in this action, fromi the best accounts we have been able to learn, is about thirty killed, and wounded; but as numbers of them must have fallen in the creek, besides many more that were carried off, I suppose their loss may be estimated at about seventy. We had only two wounded, one of which died to-day. This Sir, I have the q pleasure to inform you, has happily terminated a very dangerous insurrection, and will, I trust, put an effectual check to toryism in this country. The situation of affairs at this place made it necessary for me to return here, which, at the special request of the committee, I did last night with my regiment. The large requisitions made by the men-of-war, who now lie just before the town, gave the inhabitants reason to apprehend everything that could be suffered from their disappointed vengeance, however the committee have spiritedly determined rather to suffer the worst of human evils than afford them any supplies at all, and I have no doubt we shall we able to prevent them from doing any great injury. In order to lessen as much as possible the expence incurred by this expedition, I some time ago directed Col. Martin to disband all the troops under his command, except 1000, including the regulars, and with those to secure the persons and estates of the insurgents, subject to your further orders. And then to proceed to this place, unless otherwise directed. However, as I do not think the service just now requires such a number of men in arms, I shall immediately direct him to disband all except the regulars, and with those to remain in and about Cross Creek until further orders. 2,86 COLONIAL RECORDS. [FROMr MS. RECORDS IN OFFICE OF SECRET:ARY OF STATE 1 Copied from Letter Sent to Colo. Thos. Polk & Mlajor John Phifer New Bern 5 March 1776 GENTLEMEN We take the Liberty to inclose a resolve of our Council wherein they have recommended to you, immTediately to recruit Seven hundred & Fifty men to be formed into a Regiment on the Continental Establishment. The appointment of the Field Officers Capt; & Subalterns is Left to the Provincial Congress who are directed to meet at Halifax the 2nd of next Month. And you may be assured, that it is the intention of this Board, to recommend Colo. Polk as Lient. Col. & Major Phifer as a Miajor of 1st ReegimentWe have not the least doubt Gentlemen of your exerting yourselves to the utmost on this important Services and are with great regard Gent. Your most Obed Servt. Signed by order of the Prov. Council C. HARNETT Pres' [FROM THE REMENBRANCER OF PUBLIC EVENTS 1776. PARTI 11. PAGES 73 & 76 INCLUSIVE.] Extract from a Letter, dated North Carolina, March 10th, 1776. With very great pleasure I acknowledge the receipt of your obliging favor; and my appiness in writing to you is increased by the immediate defeat of those disturbers of government called Highlanders and regulators who had embodied themselves to a great number, and were within 20 miles of Wilmington. It is inconceivable to imagine what joy this event has disfused through this Province; the importance of which is heightened by Clinton and Lord Will-iail C(amlpbell's being now in Cape Fear, in sanguine ex)ectatilon of being joined by the above defeated and routed fellows, and with a determinined resolution of attacking the weakest part of Amrerica, the which I presume, they supposed North Carolina to be. 1But how amazingly mortified must they prove, in finding that this weak, poor, and insignificant Carolina, in less COLONIAL RECOIIDS.28 287 -than 15 days, could turn out mnore than 10,000 independent. gentliemen volunteers, and within that time to pursue themn to the very scene of action. Sinice I was born I never heard of so universal an ardour for fighting prevailing, and so perfect a union among all degrrees of men. This will enable his genieralship) Clinton to give his master anid the ministry aj oust account of' the weakness of the of the Southern colonies, how liable they are to he subIduedl, and what v.ery small unmbers will be~ sufficient for that purpose. It is mios,-t heartily wished that his Lordship Campbell, Clinton, and Martin, would think. it worth their while to land at Cape Fear, before the dispersion of thie forces, and it isnodube ti that case, a,1 very handsome account would be given of them by the *defeat of the formid able trin mvirate. You will rej~oice with inc in finding( all the machinations of our Governor brought to nought. He has been most indefatigable in his endeavours to bring upon this province every species of calamnity, by secretly spiriting up our internal foes, misrepresenting our weakness, and soliciting forces to destroy us, which, how-ever, I hope will be entirely out of his power, as I think the province will and ought to call for hostages from the regulators and Highlianders, to be safely kcept in some other province, beyond tile -possibility of a rescue, during tile present commotions. Another Letter from thme samie Province. (Extract) It is an undoui)ted fact, that between 8 and -90001t. of gun-powder is just brou-,ght into tlmis colony from one of the French Islands, witil a Tilinber of -field-pieces, four aind six poun ders, soin e muisquets &c. Several Fren ci gen tlemnen likewise cDamie in the -vessel., one of'whom, shortly atfter their arrival, set out forPhiladelphita. ['FItom LFvvUrts oiv GE,,NL. s. SU.1,I N VAN & HowE, No. 160 i. 1344.1 Williamisbturg 1i7" MNarchi 1,77( 1 Canm honovired with your letter.Inclosing~ a Comm-ission- appointing mni a llrigadier General in the Army of the United Co'flonies,-, i)evotedl to the cause of Americat I felel, no wish so tardent, no 288 COL(NIAL RECORDS. ambition so strong, as to be able to contribute to its service a-nd support —With pleasure therefore I accept the Important trust, and this you beg leave to convey to your Honourable Body my Greatful thanks for this Distinguiishing inark of their favour, which by my stronous endeavours and utmost efforts I hope in some measure to deserve. The Battalions here being not yet Compleat, nor all the Colmmissiol filled up, puts it out of my power to make you at present the return you request, which I shall. be happy to forward to you the moment I can. I have the Honour to be with the Greatest Respect Sir Your most (bedient Hlumnl Servt ROBERT HOWE (Endorsed) No 1. Robert Howe 17th Mrarch 1776 [ L'ETTER JOSEPH HEWES TO SAMJUEL JOHNSTON.] Philadelphia 20t' March 1776. DEAR SIR, I have received your favour of the 23r" of Feb'y, and also one from Mr. Hogg at Hillsborough of the 20t", I am exceedingly anxious for the safety of our Province, we sent an express to you about five weeks ago, since which I have not heard anything of him, I wait his return with impatience, The act of Parliament prohibiting all Trade & Commerce between Great Britain and the Colonies has been lately brought here by a Mr. Temple from London, it makes all American property found on the Sea liable to Seizure & confiscation and I fear it will make the Breach between the two Countries so wide as never more to be reconciled, we have heard much talk of Commissioners to be sent to treat with us, I do not expect any, the act of Parliament empowers the Navy to appoint Colnmissioners to receive submissions and grant pardons but no futher. Doctor Franklin told me last evening he had a Letter'from London dated the 25th December, no Commissioners were then appointed, parliament was prorogued to 25th of January, I see no prospect of a reconciliation, nothing is left now but to fight it out, and for this we are not well provided, having but little COLONIAL RECORDS.28 289 ammnunition, no Arms no mi-oney, -nor are wve unanimrons in our Coun1cils, we (10 not treat each other with that dec-ency and respect th~at was observed] heretofore, jealousiscs ill natuired observations and recrim~inations take pla~ce of' reason and Argum-ent, our Ternpers are, Sound, some amrong us,1 urge stronigly for Independency and eternal seiparatiorn, others wvish~ to w~ait a- ~ittl~e long'er an~d to have the opinion of' th~ir Constituients on. that sib~jelct., you mutst give us the sentimient of yo loi i nyorCnvnenmes Seeral M-1erchlants anrd others lhave petitioned the Congress for l1eatv e to -fit out privattiers to C~ruize, against ifritishi Vessels, it wvas grtanted yes teirdaly, the Restrictions, arel not yet completed or I wvouldl havINe sent y~ou~ a clopy of' themn, I send youi the last Ncows papeir ecosed to Which refer foi' news, MN1y Comnpliments to all. Iail Sir Your most obedt Servt. JOS. IIEWES. To Samnuel Johnston Esq". [FR-OM DIARY OF I'iE, REzvOLUTION VOLi. 1. PIAGEs 209 & 210i (From 'New York. Packet, March 28, andI P~en 1sylva,,nia EvenhIng Post, M'arcl 23, 1776.) This mnornin~g, the Nor'th C/arolina mnunte imen andl militia., under the comm'and of' Brigadier' General Jamne's Mloore, had anl engagement with the Tories, at Widow Moore's Creek b~ridue. At the break. of day an alai-in gun was fired, immnediately after which, scarc'ely leaving the Americans a mioment to priepaire, the Tory ainrny, with Captain McCloud at their head, made their attack. on Coi~s. Caswell and Lillington, posted near the bridge, and finding a sinall intrenchiment vacant, concluded that the Americans had abandoned. their post. With this supposition, they adlvanced in a mnost furious maniier over the br'idge. Col. Caswell had very wisely ordered the planks to be taken lip, so that in. paSSing" they met with mnany difliculties. On reaching a point Within. thirty paces of the breast works, they were received -with. a hieavy fire~, which did gr'eat execution. Captains- MeCloud and Campbell wvere instantly killed, the f'ormer heaving nline ibullets and twemity-four swami shot throug'h and into his body. The insuirgents retreatedI with the greatest precipitation, leaving behind themn somne of' their 19 290 COLONIAL RECORDS. wagons &c. They cut their horses out of the wagons, and mounted three upon a horse. Many of them fell into the creek and were drowned. Tom Rutherford ran like a lusty fellow:-both he and Felix Keenan were in arms against the Carolinians, and they by this time are prisoners, as is Lieutenant-Colonel Cotton, who ran at the first fire. The battle lasted three minutes. Twenty eight of the Tories, besides the two Captains are killed or mortally wounded, and between twenty or thirty taken prisoners, among them is his Excellency General Donald McDonald. This, we think, will effectually put a stop to Toryism in North Carolina. [FROM DIARY OF THE AMERICAN REvVOLUTION. VOL. 1. PAGE 61.] April 7, 1775. Last Tuesday, Governor Martin mret the Assembly of North Carolina, at Newbern, and addressed them in a high-flying, abusive anti-American speech, in which he spoke hard things of all the colonies, congresses, committees, and people on the continent, except those of his own stamp, and begged of his assembly not to approve of sending delegates to the Congress in May. To this the Assembly returned a truly noble answer, and to-day they have passed the following resolution: "That the House do highly approve of the proceedings of the Continental Congress lately held at Philadelphia, and that they are (etermined, as members of the community in general, that they will strictly adhere to the said resolutions, and will use the influence they have to induce the same observance by every individual of this colony." [NORTH CARO:IIIN A ST'ATE PAPERS-NO. 72 P. 5.] North Carolin l. In Congress, 13th April, 1776. Resolved, That the troops voted by Conlress as s ecessary to the deftence of tliis Province shall be divided into six Battalions, including the two lBattalions voted by the last Congress, each 'Battalion to be co-tinianded by one Colonel, one Lieutenant-Colonel and one IMajor; and to consist of ciglht Companiies; each colpany to consist of one Captain, two Lieutenants, one Ensign, four Ser COLONIAL RECORDS. 291 geants, four Corporals, two Drummers, one Fifer, and seventy six rank and file: also one Quartermaster, one Commissary of Stores, one Surgeon, one Adjutant, one Quartermaster Sergeant, one Drum Major, one Sergeant Major, and one Waggon Master for each Battalion. By order JAS. GREEN, jun. Secty. [ARMIY RETURNS, N~ 15 P 16] In Congress The Delegates of the United Colonies of New Iampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to Thomas Granberry Esq. We reposing especial Trust and Confidence in your patriotism, valor, conduct and Fidelity, Do by these presents constitute and appoint you to be Captain of a company in the third North Carolina Battalion in the arlny of the United Colonies raised for the defence of American Liberty, and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to discharge the duty of Captain by doing and performing all manner of Things thereunto belonging. And we do strictly charge and require all officers and soldiers under your command to be obedient to your orders as Captain —and you are to observe and follow suchll orders and Directions from Time to Time, as you shall receive from this or a future Congress of the United Colonies, or Commrittee of Congress for that Plurpose appointed or Coinmander in Chief for the Time 'being of the Army of the United States, or any other your superior officer, according to the lRules and Discipline of War, in pursuance of the Trust reposed in you. Tlis Commlission to continue in Force until revoked by this or a future Congress. Dated at Philadelphia April 16 1776 By order of the Congress JOHN HAN'COCK IPresiden t Attest. Chas Tllomson S(cc( 292 COLONIAL RECORDS. [ARMtI R'ETURNS, NO 15 P 19.] In Congress The Delegates of the United Colonies of New Hamphire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia to Thomas Polk Esquire Greeting We reposing especial Trust and confidence in your patriotism, valour, Conduct and Fidelity, Do by these presents, constitute and appoint you. to be Colonel of the fourth North Carolina Battalion in the army of the United Colonies raised for the defence of American Liberty, and for repelling every hostile Invasion thereof. You are therefore carefully and diligently to discharge the duty of Colonel-by doing and performing all manner of Things thereunto belonging. And we do strictly charge and require all Officers and Soldiers under your command to be obedient to your orders as Colonel-and you are to observe and follow such orders and directions from Time to Time, as you shall receive from this or a future Congress of the United Colonies, or Conmmittee of Congress, for that Purpose appointed, or Commander in Chief for the Time being of the army of the United States, or any other your superior Officer, according to the Rules and Discipline of War, in Pursuance of the Trust reposed in you. This Commission to continue in Force until revoked by this or a future Congress. Dated at Halifax the 16th day of April Anno 1776 By order of the Congress JOHN HANCOCK President Attest, Chas Thomson Secy COLONIAL RECORDS. 293 [NORTH CAROLINA STATE PAPERS NO 72 P. 1.] Letter of Committee of Secrecy, War and Intelligence of N. C. to the Hon. John Hancock, Prest Continental Congress. enclosing list of Prisoners sent to Phila. Expecting in our province a scene of much Business which may require all our attention, we have thought it expedient to send the prisoners taken during the late Commotions some to Maryland, some to Virginia and some to Philadelphia for the more immediate -disposition of the Con'tinental Congress. These last are such as appear to us from their rank and influence over an Ignorant and restless part of our Inhabitants to be capable of doing us the Most Mischief-we are sorry to be compelled to an Act of such severity as this of sending these men at such a distance from their unrfortunate Families; but the security of our Country makes it indispensably necessary, for should they have an opportunity of exerting their pernicious influence, at a time when we may be invaded by a powerful Army, the consequences might and probably would prove fatal. The hopes which these -men have given our Enemies we are assured has induced the British Ministry to direct against us the first efforts of their arms; to them therefore, are due the evils, expences, and difficulties, which we encountered in suppressing them, and the Calamities which they and their wretched Fanmilies.Must now undergo, we shall not fail to extend to the latter the most humane attention, for we are always mindful that humanity distinguishes the brave, We should not have sent off the prisoners but that we could not secure them without engaging too many of our Officers and Soldiers from more important business, for while in the Neighborhood of their Connections when the attention of every one would be drawn to the more important Operations of the impending Campaign, without strong Guards a rescue would be inevitable, we rely on the wisdom of the Congress for disposing of them in such a secure manner that we shall have nothing to apprehend from their future Machinations. We inclose you the list of their names and we shall by the first opportunity transmit you a particular account of Circumstances relative to each extract 294 COLONIAL RECORDS. ed from the report of the Committee appointed by the provincial Congress to enquire concerning them. We are with very great Esteem and regard Sir, Your most Obedient humble Servants By Order of the Committee of Secrecy, War, and Intelligence for tie THO RKE l Congress of North Carolina Halifax 22' April 1776 HONble JOHN HANCOCK President Continental Congress.. [Endorsed] A letter from the Co..er of Secrecy War & intelligence of N Carolina 22 April 1776 enclosing a list of prisoners sent to Phild. Read 2. Mlay. List of Prisoners destined for Philadelphia 1 His Excellency Donald McDonald Esqr Brigadier General of the Tory Army and Commander in chief in North Carolin a 2 Colonel Allen M~Donald (of Kingsborough) first in Commission of Array and second in Command 3 Alexander JMvDonald son of Kingsborough 4 Major Alexander MciDonald (Condrack) 5 Capt Alexander MAlRay 6 Capt John Leggate 7 Capt James McDonald 8 Capt Alex1 MA"Leod 9 Capt Alexr Morrison 10 Capt John M"Donald 11 Capt Alex' McLeod 12 Capt Murdock McAskell 13 Capt Alexander IcLeod COLONIAL RECORDS. 2 295 14 Capt Angus MCDonald 15 Capt Neil McArthur 16 Capt James Mens of the light horse 17 Capt John M0Leod 18 Capt Thos Wier 19 Capt John McKenzie 20 Lieut John Murchison 21 Kennith MIDonald Aid de Camp to Gen' McDonald 22 Murdock MeLeod Surgeon 23 Adjutant General John Smith 24 Donald MPLeod Quarter Master 25 John Bethune Chaplain 26 Farquard Campbell late a delegate in provincial CongressSpy and Confidential Emisary of Governor Martin[Endorsed] A List of prisoners sent from N. Carolina to Philadelphia enclosed in Letter of 22 of April 1776 [LETTrEnR FROMi ALLEN MCDONALD.] SIR Your kind favor I had by Mr. Ugin('?) with the Virginia money enclosed, which shall be paid if ever I retourn with thanks, if not I shall take care to order payment. Colonel Eliot who came here to receive the prisoners Confined the General and me under a guard and sentries to a R-oome; this he imputes to the Congress of North Carolina's not letting Brigadier Lewes (who commands at Williamsburg) know of our being on parole by your permission when at Halifax. If an opportunity afford, it would add to our happiness to write some thing to the above purpose to some of the Congress here with directions (if such can be done) to forward said orders after us. I have also been depressed of the horse I held, and hath little chance of getting another. To walk on foot is what I never can do the length of Philadelphia. What you can do in the above different affairs will be adding to your former favours. I-lop 296 COLONIAL RECORDS. ing you will pardon freedom wrote in a hurry I am with real Esteem and respect Honble Sir, Your very obedt. Servt. ALLEN MACDONALD Petersburg May 2nd 1776 [NORTH CAROLINA STATE PAPERS-NO. 72 P. 13.] Committee of Secrecy, War and Intelligence of N. C. to Maj. General Lee. Halifax May 6th 1776 SIR, We have this day received the inclosed from Brig" General Moore, and have Orders from the Congress to inclose them to you, we are directed also to inform you that the Congress have Ordered a reinforcement of fifteen hundred Militia rank & file in two Battalions to join General Moore with all possible Expedition. This reinforcement is ordered to consist of detachments from four Eastern districts of the six into which our province is divided, because the Western Districts are reserved for a particular purpose which you are already acquainted with and you will perceive Gen' Moore alludes to; These two Districts are inhabited cheifly by wheat Farmers and if obliged to leave their Crops before they can save that necessary Grain, a dearth in the next year could scarcely be avoided-The Congress have therefore judged this an additional reason for witholding the Militia in that part of our Colony at this Season unless the necessity becomes indispensibly urgent in which Case they are Ordered to be in readiness and it is not to be doubted but they will march with great Alacrity. The dispersed situation of our Inhabitants makes it impossible for the Militia reinforcement to be in the Field without some delay and the Militia of the neighbouring Counties have been in unremitting service so long that it has become irksome and exceeding burthensome to them. Under these circumstances the Congress could fall on no expedient imore eligible than that already mentioned, altho they COLONIAL RECORDS. 297 are sensible that some part of the reinforcement must go a considerable distance and therefore must be late in joining the Army, however the far greater part of it will be on its March in a short time and they are under Orders to proceed with all possible expedition, The Detachmene t from the District of HIalifax will march from Tarborough (about forty Miles froln hence) on Thursday Week, New Bern and Wilmington are nearer the Scene of Action and probably will be sooner in the Field, Edenton is still more remote, but as there is a passage by Water tis probable they will not be long behind. Ammunition and provisions have been already Ordered to General Moore, and we hope he will soon receive them; This representation of our Circumstances we make to you, Sir, under the direction of the Congress. They avoid requesting you to Order any reinforcement from Virginia, because they ry on your Wisdom, for taking the miost expedient resolutions in this Matter, when informed of Facts. We are Sir with great respect Your very Obedt Servts 1By order of the Committee of Secrecy War & Intelligence THO( BURKE Chain His Excellency Major General Lee Inclosed is an Estimate of whlat Gun Powder is in the Several Counties in our Colony[Endorsed] IMay 6t 1776 Letter from Thos9 Burke Chairman of the Cornm' of War N1. 0. to General Lee Halifax May 6, 1776 enclosed in Gen' Lee's letter of the 10. May 1776. [FROM THEx REMEMBRANCER OF PUIBLIC EVENT'TS. 1776, PART 11, PAGE 189.] Extract of a Letter from an officer of the 15th regiment (British) to his friends here, dated at the camp near Cape Fear, North Carolina, May 17th. 'On the 7th inst. the 15th and 28th regiments landed on a peninsula at the mouth of the river, but the enemy not choosing to sliew themselves, the General after reconnoitring the country, reiimbarked them. A few days after, the 27th and 33rd regiment went 298 COLONIAL RECORDS. 15 miles up the river, and dispossessed the rebels of a post they had at that place called Brunswick. They took a few prisoners, and had one man killed; after executing this business, they returned to the ships with a seasonable supply of 20 bullocks. On the 15th inst. the 15th, 28th, 33rd, 37th, and 54th regimrents landed and encamped near a demlolished post opposite to our shipping. The 57th is encamped on the opposite shore, and the 46th is still on board. Part of the rebels are within two or three miles of us, but their strongest post, or chief dependence, is at Wilmington, about 20 miles from hence.' Subsequent accounts said, a few days after the above dated, the troops reimbarked. At this time the season is against the troops acting in the southern provinces. One regiment (the 46th) was very sickly, owing to the climate. And here it is necessary to observe, that General Howe before he left Halifax, sent a vessel to General Clinton with orders to come to the north ward and join him. It is singular, that General Clinton had no intelligence of the evacuation of Boston, except what he obtained by chance from an American news paper. The next account from this fleet was important. Not receiving General Howe's orders to come to the northward, before they left Cape Fear, they went to the southward, for Charlestown, to make an impression there, agreeable to their original orders before they left England. [MAJ. GEN. CHARLES LEE TO THE PROVINCIAL COUNCIL OF NORTH CAROLINA.] "Charlestown, June 18, 1776. SIR: As your Troops are in considerable distress, and begin to clamore for their pay, I must request that you would dispatch whoever has acted as your Paymaster-General, or one of his deputies, with a sufficient sum of money to answer the purpose of supplying their immediate wants. I am, Sir, your ob'dt serv't CHARLES LEE. COLONIAL RECORDS. 299 [NORTH CAROLINA STATE PAPERS-NO. 72 P. 171 Letter of Council of Safety of N. C. to John Hancock Pres't Continental Congress North Carolina Dobbs County 24 June 1776. SIR We take the Liberty through you to represent to your honul' Body the distressed and defenceless state of this Colony. The great want of Fire Arms, Ammunition and other Warlike Stores, render our situation truly alarming; an Army hourly expected to land on our Coasts and apprehensions well founded of an imeidiate War with the Southern Tribes of Indians, and a large body of people disaffected to the American Cause residing in the very heart of our Country ready (altho' once-subdued) to make use of a more favorable opportunity again to throw this Colony into a scene of Blood and Confusion. You will through our Delegates be informed of many other circumstances relative to this Colony. To them we beg leave to refer you. We take the liberty however to observe that by the exertions of this Colony in assisting its Neighbors, the fitting Armed Vessels for the protection of Trade, keeping up a Number of Independant Companies to secure the Inhabitants from depredations of the Enemy on a very extensive Sea Coast, the establishing manufactories of Arms, Gun Powder, Salt, Salt Petre, Iron and many others, We have involved this Colony in such a load of Debt as the Inhabitants cannot possibly bear unless they receive immediate assistance-We cannot help trespassing further on your patience by observing on the immense loss fatigue and disappointment suffered by our people who turned out from all Quarters of the Country with the greatest Alacrity in the late Expedition against the highlanders and other Tories and upon repeated alarms ever since, fifteen hundred of whom we are now, in the absence of the regular Troops, oblidged to keep on duty at a Season of the year when their presence was absolutely necessary to procure bread for their families From these considerations we have therefore every reason to 300 COLONIAL RECORDS. expect that your honbe Body will grant every assistance to a Colony which has so spiritedly and effectually supported the glorious Cause contended for and grant such necessary requisitions as may be made by our Delegates to enable us to persevere. We shall as soon as possible lay before your HIon'le Body the expence of the late Expedition against the Tories and have the Honour to be with the greatest respect Sir Your Most Obedient Humble Servt By Order of the Council of Safety CORNS HARNETT President [Endorsed] N~ 4 Letter from the council of Safety of North Carolina 24 June 1776 read 24 July.[COUNCIL OF SAFETY OF N. C TO N. C. DELEGATES TO CONTINENTA.I CoNGREss] Whitfield Ferry Dobbs County June 24 1776 GENTLEMEN By Copy of a Letter from Mr HIewes to Sam Johnston Esq., We have the satisfaction to find Our Delegate has been very Attentive to the interest of this Colony. The Powder in three Waggons arrived at Halifax some days ago, and w e desire you will immediately forward the field Pieces, Medicines, &c. already granted by Congress. As the producing of Salt for the Consumption of this Colony is a matter of the utmost Consequence, and the Season for making it by Evaporation is too far advanced to make any progress before the Fall we desire you will immediately purchase Pans and Plates with every other Aparatus which you may judge cannot be procured here, for setting up a Large Work for boiling seawater into Salt, to be sent in Waggons to New Bern. We are of opinion it will be less expensive to purchase Waggons and Horses for transporting every article wanting from Philadelphia, than to hire them; as the waggons may serve for the Army, COLONIAL RECORDS. 301 or be Sold for the use of the Colonies for as much, or perhaps mnore than they Cost We are Sorry to find the Congress do not think proper to put the 3 Companies of Light Iorse raised in tlhis Colony, upon the Continental Establishment. The nature & circumstances of the war we shall be obliged to Carry on in this Country renders such troops Necessary to gain Intelligence of the Enemies motions. Col Moore when encamped at Rockfish near Cross Creek missed a glorious Opportunity of attacking the Tories to great advantage in their Crossing the River for want of Intelligence a Party of Light Horse mlight hlave given him You are therefore Gent. desired to press this matter to the Congress. We shall, by the next Opportunity Transmit a Letter from Gen. Lee on this subject. By the latest Intelligence from the Western Frontier we have the greater reason to apprehend a War with the Southern Indians. We have taken every necessary measure to be prepared for the Event, but at the same time have directed the Commanding officer of that Department to prevent our people from Committing any Hostilities until the Indians make an attack upon them. As Drums Colours & Fifes will be wanting for the four.New Regiments of Continental Troops raised in this Colony you are desired to purchase and send them as speedily as possible together with Blankets and Cartridge paper which can not be procured here. The River of Cape Fear is at present in a very Defenceless Situation, for the want of a parcel of Battering Cannon 12 & 18 pounders you will therefore Gentlemen urge to the Congress the absolute necessity of sending as speedily as possible a Sufficient Number of such Cannon; a Vessel of a small Draught of water suppose 6 or 7 feet, may enter many of the Inlets to the Northward of Cape Fear, such as Deep, New Topsail, Bear, Bogue, or Old Topsail Inlets. This adventure we have every reason to Hope and expect will be made at the Continental expence, as the sending them by water is dangerous, and it being impracticable to bring them by Land the loss would hardly be felt by the whole Continent, but must fall exceedingly heavy on a Colony already involved in an immense Load of Debt by its Spirited exertion in the Connmon Cause. The Regiments raised here on the Continental Establishment are 302 COLONIAL PECORDS. still very badly Armed & many of the Soldiers without arms. Every effort has been made but in vain, we have been reduced to the Necessity of Collecting Arms from many of our Militia, & should the Troops be obliged to march to the assistance of either of the Neighboring Colonies which is the case at this Time, 4 Regiments having marched to So. Carolina, we will remain in a very terrible Situation, wanting even the very means of I)efence. We desire Genltlernen you will in the most Forcible manner represent to the Congress the distressed and defenseless State of the People of this Colony are at present reduced to, In want of Arms to defend themselves, Very Little powder, the Enemy hourly expected to Land an Army on our Coast, our Ports Blocked up, A numerous body of People settled in the very Center of our country disaffected to the American cause, who although very lately Subdued, are only waiting a more favourable Opportunity to wreak their vengeance upon us, the apprehensions we are under of an immediate attack from the Cherokee Indians & Creeks on our Western Frontiers, The Vast expence this Colony has been at in fitting out Ships of war to protect her sea Coast, and keeping up Independent Companies for the same purpose, In Erecting Manufactures of Arms, Salt, Saltpeter, Powder Mills Sulphur (Steel) Iron & many other expensive matters too tedious to enumerate upon such a Representation. We have not the least reason to doubt but that the Congress will pay a very particular attention to the reqlisitions of this Colony. For further particulars we refer you to Mr. IHooper who is very well acquainted with the situation of affairs here, we desire to be favoured with dispatches from you in every interesting [Matter and shall be glad if you will furnish us with the resolves of the Congress since the last Publication —We are at a loss about Admiralty matters as settled in Congress with the regulation of Trade &c We shall write you more fully by next Conveyance and are Gent. To Jos. H1ew+es Win. IHooper & John. Penn delegates We shall as speedily as possible send to you Account of the whole Expence of the Expedition against the Tories to be laid before the Congress. COLONIAL RECORDS. 303 (ORDER BOOK OF G(,EN. CHARLES LEE-P 8). Extract "June 24, 1776. Charlestown, S. C. Field Officer of the Day Tomorrow: Colonel Nash. Field Officer of the Guard, C0' Sam. Elliott. North Carolina Continentals: Privates, 100. Captains, 2. Subalterns, 6. Serg'ts, 6. Corporals: 6. Drum & Fifers, 2. (FROM Ms. RECORDS IN OFFICE OF SECRETARY OF STATE.) Copy of Letter wrote Gen. Rutherford Whitfields Ferry 24th June 1776 As we have every reason to believe the Emmissaries of Government are making use of every means in their power to Induce the Indian Nations to fall upon the Inhabitants of these Colonies, Your own prudence will direct that you hold the Militia of your Department in readiness to repel any Hostilities which may be Commenced against us by any of the Indian Nations-for this Purpose we have Ordered 1000lbs Gun powder to be sent from Ialifax to your Care, and we doubt not you will be very attentive to the exl)enditure of it in Case the Indians should begin Hostilities. It is the Intention of this Council that you Cautiously avoid and to the utmost of your power endeavor to prevent the Inhlabitants of this Colony from committing any Depredations on the Indians-and that no Hostilities be Commenced against thel unless they make an attackl uon the Inhabitants Settled within the Boulldary Line. The Article of Lead is very much wanllted in Cross Creek & Wilmingtonl. If you have not a sufficient Quantity already brought froml Chizzells Minies the Coinrimissioners appointed for that purpose will we doublt not witl all expedition proclure it, and Leave with you a sufficient Quantity for the )present, & send tle remainder withl all. expedition down the (ollntry 10(00) )s of whlict to be Lodged at Cross Creek in the hands of Col. 304 COLONIAL RECORDS. Folsome and the remainder to be sent into Bladen County to the care of William M:[cKee Esqr. we are with great regard Sir, Your most obed Scrvt Signed by order of the Committee of Safety C. H. [FROM Ms RECO:)DS IN OFFICE OF SECIRETARY OFS S'TAT'E] Copy of Letter to the President of the Continental Congress and the Delegates in Congress Jn. & Wilcocks Whitfields ferry June 27 1776 SIR, We send by Express to be Informed in what forwardness the Furnace for casting Shot is. A Large Quantity of Shot is immediately wanted for the use of the Ships of war and the Army, you will therefore as soon as possible cast a sufficient Quantity of the dimensions sent you by Capt. Forster as also a Quantity of the sizes under mentioned, you are also desired to Cast a Ton weight of small Iron shot to weigh about 13-We desire you will give us a particular account of the work you are now Carrying on that provision may be made for Compleating & forwarding it immediately We are Sir, Your very hm. Servts Signed by order of the Council C. H. 100 Shott 31 Inches diameter 130 Do-3 Inches 150 Do-27- Inches 400 Do-li Inches To John Wilcoxs Esqr. [FROM Ms. RECORDS IN OFFICE OF SECRETARY OF STATE.] (Warrant agst. Harris & Taylor Executed) North Carolina In the Council of Safety The Council having received Information that Thomas Harrison,* COLONIAL RECORDS. 305 and William Taylor are Persons disaffected to the Common Cause and are endeavoring to dissuade the People fiom associating in defence of their Liberties Resolved that Abraham Sheppard Esquire commanding Officer of the Militia in Dobbs County take a snfficient force of the MIilitia and bring before the Council the said, Thoras Harrison and William Taylor to answer of and Concerning the Premises. Witness Cornelius Harnett Esquire President of the Council at Neusc the 29 June 1776 Bly order CORN. IHARNETT President J GLASGOW Secty. NoTE.-On July 4, 1776, North Carolina by virtue of the declaration of her delegates, together with those of the other Colonies, became a sovereign and independent State. The title of her Records from this date therefore is "THE STrAq'T RECORDS" of Nortl C(arolina.-W. C. 20 _~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ THE STATE RECORDS OF NORTH CAROLINA. 1776. [ORDER BOOK OF GEN CHARLES LEE-PAGE 10-] July 4, 1776 Charlestown, S. C. (Extract) "Field officer of the day to-morrow, Colonel Polk. For the Guards; 2nd Battalion North Carolina: 1 Captain, 3 Subalterns, 4 Sergeants, 4 Corporals., 63 Privates. 3rd Do. 1 Captain, 2 Subalterns, 2 Sergeants, 2 Corporals, 38 Privates. 4th Do. 1 Sergeant, 1 Corporal, 12 Privates For Fatigue Duty: 1 Subaltern from the 2"n Battalion of No. Carolina 1 Do. " " 3 " "' "C 1 Do " 4th A i( i LETTER IN ANSWER TO GEN. LEE RESPECTING PAYMASTER. [From MS. Records in Office of Secretary of State.] In Council of Safety No. Carolina 4 July 1776 SIn, Your favour of tile 18 of last month we receive & in iursuance 308 3STATE RECORDS. theieto. have dispatched the paymaster for this Province whose arrival we hope will stop the Clamours of the Troops. We are from the information of our Delegates truly concerned that the Light Horse Companies raised in this Province are not put on the Continental Establishment, the Congress. are unacquainted with the Utility of such Troops in the Southern part of this Continent We beg the favour of you to represent to the Congress the absolute necessity of such Establishment at the same time to recommend in the strongest manner that they be on pay of the Contenant Sir yr. most obed Servt Signed by order of Council of Safety LETTER TO COL. MARTIN ARMSTRONG RESPECTING ROBERTS ESTATE. [Froim MS. Records in Office of Secretary of State.] Whitfields 5 July 1776 Sin With respect to the property of James Roberts & other Tories of Surry County now armed against the good people of this province. The Council of Safety are of Opinion that the Committee of the County may take into their possession such part of their Estates as may be movable And make out an Inventory of their Estates strictly personal and return the same to next Congress observing in the mean time that their families are supplied with the necessities of Life And if possible take their persons and send them witl proper witnesses before this CouncilLETTER SENT TO THE ])ELEG(ATES IN CONGRESS. [From MS. Records in Office of Secretary of State.] Wh itfields 'Frry Dobbs County July 7th 1.7'76 G(:f N' T.1, E TE. -E.N In our lasst s of J'ulle 24tl i we mnentilonedl the arrival of the Gun powder sent from the Congress to.Halifa.x and the very late action at Charles Town So. Carolina. iln whiclh muc('l. of tlhat Article was Expeuded at the 3Batteries there the President of that Colony and G-en. Lee having requested in the mnost earilest manner that all STATE RECORDS. 309 which possibly could be spared from this Colony should be immediately sent to South Carolina accordingly we have dispatched off Waggons with a large quantity so that we have left this Colony almost in a defenseless State defenceless and very very alarming and as we have every reason to expect Genl. Clinton's return here should he fail in. his Expedition against South Carolina and which we have the greatest reason to believe he will, we have therefore to request that you will upon the receipt hereof apply for an ample & immediate Supply of Gunpowder as the fate of this province as well as that of South Carolina must entirely depend upon it. We cannot therefore too earnestly recommend this Matter to you, we have also to desire that you will send us twenty four Rheams of writing paper & twelve dozen of Sym's Military guide for our Young Officers We must suggest to you the possibility of saving the great Expence of Waggoning Gunpowder, by applying to Consignors in Congress of the possibility of obtaining that Article by one or more Armed pilot boats, drawing little water to run into some of our Inlets, & the Continent paying the expence of this the Codes of Laws of all the other Colonies the best & plainest directions for making Salt Gen Locke what can be bought N. B. the advantage that may be derived from Battering Cannon to fortify fort Johnson make a harbour for foreign Ships prevent the Enemies returning to annoy us or to refit and attack us & put it in our power still to fight our neighbors We are Gentlemn your Mo Obed hble Servts By order of the Committee of Safety North Carolina Copy of a Letter sent Brigadier Wm. Bryan same to Gen Jones same to G-enl. Vail same to Committee N Bern '[NOTE.-This letter is defective in the places where blanks are left.W. C.] 310 STATE RECORDS. [FROM MS. RECORDS IN OFFICE OF SECRETARY OF STATE. ] Whitfields Ferry Dobbs County 8 July 1776 SIR, The late Engagement at Sullivans Island near Chas. Town So. South Carolina having Expended a great quantity of Gunpowder from their Batteries causes that Article to be scarce with them, in Consequence of which General Lee has ordered from Cape Fear a large Quantity, so that Wilmington will want an immediate supply. You are therefore requested to call on the Commissary of Stores, or his deputy the County or Town Committees, or such persons as have the care of the Ammunition at New Bern, and Cause to be sent off immediately to General Moore one Ton of Gun powder to replace that sent by General Moore to Gen. Lee, and you are requested in the most Expeditous manner. to see that this nmatter is Carried into Execution, it being of the greatest Concern to the Interest of this & the province of South Carolina, we should not have given you this trouble but cannot Learn where the Commissary of Stores is, whose business it is to have every Necessary Article in his possession C. HARNETT President. COUNCIL OF SAFETY TO GENL. MOORE. (From MS. Records in Office of Secretary of State.):Neuse 9th July 1776 SIR The Council received yours of the 5th Instant in consequence of which have Ordered from the Brigades of Halifax, Edenton and New Bern three tons of powder to be sent in Waggons to Cape fear, you will reserve only so much as will be absolutely necessary for the defence of this Colony the remainder you will send on to Charles Town We are happy in congratulating you on the success of our Arms STATE RECORDS. 311 against the enemies of America and particularly so, on the Gallant spirited and manly Conduct of the Troops belonging to this province I am Sir Your most Obed Scrvt signed by Order of the Council CORN. HARNETT President. COUNCIL OF SAFETY TO GEN. HOWE. (From MS. Records in Office of Secretary of State) No. Carolina Whitfields on Nense River 9th July 1776 SII, We have the honour of acknowledging the receipt of your obliging Interesting favour of the 29t' June last for which please to accept of our hearty thanks words cannot express our joy on this truly important occasion the attack on Sullivans Island ]Batteries & the brave manly resistance made by the American Forces does them the highest honour and we most Sincerely & heartily congratulate you on the success of the American Arms-we request that you will when a ready conveyance can be had furnish us with every occurrence in So Carolina we are wishing you all imaginable success Sir, Your Mo. obled Servts Genl. I-Howe. COUNCIL OF SAFETY TO GEN. CHARLES LEE. [From MS. Records in Office of Secretary of State.] Whitfields on Neuse River 9' July 1776 SIR We have the honour of acknowledging the receipt of your Excellency's very polite and interesting favours of the 29t' & 3"' July last as they contain intelligence of the last importance to the Arms of the American Empire for which Sir please to accept of our most sincere thanks. Our Joy on this very great Event can be bettcr, imagined than described. In consequence of youIr Excellency's r 312 STATE RECORDS. request we have ordered immediate supplies of Gunpowder from the Towns of New Bern Halifax & Edenton to Cape Fear to. the care of Brigadier Genl. Moore to be by him instantly forwarded to Charles Town His Excellency Major Genl. Lee Nothing can give us greater pleasure than to afford every assistance in our power to the spirited' & patriotic Colony of So. Carolina. COUNCIL OF SAFETY TO THE COMMITTEE AT N. BERN. [From MS. Records in Office of Secretary of State.] Whitfields Ferry Dobbs County 10th July 1776 The late engagement at Sullivans Island near Charles Town South Carolina having Expended a great Quantity of Gun Powder from their Batteries,'causes that Article to be Scarce with them, in Consequence of which General Lee has ordered from Cape Fear a large Quantity, so that Wilmington will want an immediate supply. You are therefore requested to call on the Commissary of stores, or his deputy, the County Committee of Craven, or such other persons as have the care of the Ammunition at New Bern, and cause the same to be sent off immediately to General Moore, one Ton of Gun Powder, to replace that, sent by General Moore to General Lee; and you are requested in the most Expeditious Manner, to see that this matter is Carried into Execution, it being of the greatest Concern to the Interest and Safety of this, and the province of South Carolina. We should not have given you this Trouble but cannot Learn where the Commissary of Stores is, whose business it is, to have every necessary Article in his possession; On this Critical Emergency we fully rely, no time will be lost in Conveying the above mentioned powder to Cape Fear, as probably the fate of this Continent in a great Measure may depend on it. Inclosed you have an Extract of a Letter from Genl. Lee, and an Account of the late Battle, and the glory of which we Congratulate you. We are with Respect Gentlemen Your most Obed. -Itumble Servants CORNELIUS HAINEET, President. Signed by order of the Council of Safety STATE RECORDS. 313 (FROSi MS. RECORDS IN' OFFICE OF SECRI.ETARY OF STATE) Letter to his Ex- J. Rutledge of S~ Carolina 10"' July.76 North Carolina Whitfields on Neuse River July 1776 Sir, Your very obliging favour of the 30t' June last by Mir. Page came safe to hand. We most heartily congratulate you on the success of the Americans Army in your Colony and consider the action of Sullivan's Island. as one of the Most important Events that hath happened to this Country during the course of the present unnatural war. With respect to Gunpowder we have ordered to Cape Fear the additional Quantity of three tons it being all that we can possibly spare from the different parts of this Province which is to be delivered to Gen Moore and if occasion requires to be immediately forwarded by him to Charles town. Your Excellency may be assured that this Colony will upon all occasions afford South Carolina every possible Assistance. We have the Honor to be with the greatest.,respect Your Excellency's most obed & very Humb. Servt. C. H. Presd. Signed by order of the Council of Safety Circular to President of the Convention Virg & J Rutledge Governor Chas Town S" Carolina respecting the Indians No Carolina Whitfields on Neuse 13t' July 1776 GENTLEMEN Inclosed we transmit you Copies of three Letters the one from Brigadier Rutherford of Rowan County in this Provence with respect to the Indians having Committed acts of hostility on the Frontiers of SO Carolina within the line of that Province dividing it from the Cherokee Country and that the inhabitants of Tryon County in this Province were in hourly expectation of being attacked by the Cherokee Indians the second letter is from Col~ Lock of Rowan Concerning Lead the Contents of which we beg leave 314 STATE RECORDS. to refer you to and request that you will give immediate directions to your Manager at Chriswell AMines to supply Col~ Lock with five Tons of, Lead as our back inhabitanTts are in the greatest want of that article & the people on the Sea board are inl the same Situation and if we can be informed of the Arnount thereof an order will be immediately sent in favour of your ColonSy upon the Continental Treasury The third Letter is from Col Grahamn of our Tryon County to Brigadier Rutherford relative to the conduct of the Indians, to which we also refer you. We have in a very particular manner instructed Brigadier Rutherford how to act on this alarmlingoccasion and have directed himn by no means to precipitate the Soutlhern Colonies unnecessarily into an Indian war. CIRCULAR LETTER TO ROBT HARDY, JN. GREEN, T. BRIAR, T. RESPASS. [From bMS. Records in Office of Secretary of State.] Whitfields on Neuse 1.5t' July 1776 This board has thought it proper to appoinlt you a Colmmissioner at the port of Edleton for the express purpose of purchasing iilitary and other Stores for'the use of the Continental Troops stationed in tilis Colony we rely very lmuch on your Exertions on this occasion. You will in a very shlort time receive a large quanltity of Sail Cloth from Necw Bern w\hich we request your care of and whenever you receive an order from the Conmmittee of Safety of Virginia you will deliver the quantity expressed therein to the bearer thereof for the use of the Gallies of the Colony now building at Key Bay on Black Water. We also desire that you will purchase as many Anchors as will be wanting f)or the Gallies. You will be directed in this nmatter by the Commnittee of Safety Virg. & very shortly by Letter to which we request you will pay due attention We received your Mr. Little's favour concerning Capt. Cartwrights Conduct. It is our desire that you immediately take possession of all the property Cartwright now has in the district of Edenton and kdep the same secure until you receive the further orders of this board we are Sir, your Mo. humbl. Servts. By order of the Council of Safety STATE RECORDS. 315 LETTERS TO THE COMMITTEE OF SAFETY OF VIRG. (From MS. Records in Office of Secretary of State) 15 July 1776 GENT. We have given directions to Robert Hardy Esq'. our Agent for purchasing Military and other Stores at Edenton to deliver on receipt of your Order as much Sail Cloth as will be wanting for the two Gallies fitting out for this Province pursuaant to the Resolve of your Convention as also to furnish the Gallies with such Anchors as may be wanting you. will. be kind enough to let Mr. Hardy know by a line the number & weight of Anchors requisite To the Committee of Safety Virginia Cormmittee of Safety to Nath' Rochester. Gen Lee informs us of the distressed situation of our Soldiers in. So Carolina for the want of Cloths and we assure you we are much convinced as we consider the Credit of this Province or state in this particular We have to request that you will have Waggons ready at New Bern to receive the Stores ordered there & to proceed either in person or by deputation with all expedition to Our Army in So. Carolina with the Osnaburg, & other things necessary for their Clothing. We thinkit convenient & therefore recommnend that you impower some carefull person at each port in this province to take charge of all Military & other Stores purchased by thle Comnmissary to be appointed for the public. This will perhaps leave it in your power to supply the army with greater dispatch & of more ease to your self We desire that you will send to the care of Mr. Robert Hardy of Edenton all the Sale Duck in New Bern for the Gallies building at South Key for this Province. We shall give him the proper direction how to proceed to Nathan Rochester Esqr. LETTER TO THE COMMITTEE OF SAFETY OF VIRGINIA. [From MS. Records in Office of Secretary of State.] 16th July 1776 GENTLEMEN It appears by dispatches from Charles Town that the Indians 316 STATE RECORDS. have actually commenced Hostilities so that our presence at Salisbury is unnecessary, having given General Rutherford the necessary orders. Any dispatches you may have for this Board you'l please direct to Whitfields Ferry in Dobbs County by the way of Halifax, C. I-I. GOVERNOR RUTLED(GE FROM COUNCIL OF SAFETY. [From MS. Records in Office of Secretary of State.] Whitfields on Neuse River 16 July 1776 SIR, Your Excellency's kind favonr of the 7t" instant came safe to hand. We have given Genl. Rutherford positive instructions to Embody and march Troops from this province agst. the Cherokee Nation, with directions to act in Conjunction with the Commanding Officer of your Colony We have the greatest reason to believe the force General Rutherford will Carry with him when joined with that of your province will be sufficient to put a final End to the Indian War. We have the honor to be with the greatest respect yr. Excellency's &c. CORNELIUS HARNETT Presdent His Excellency John Rutledge President of S" Carolina TO GEN. LEE TO COUNCIL OF SAFETY. [From MS. Records in Office of Secretary of State.] 16t' July 1776 To His Excellency Gen Lee SIR, We have the honour of acknowledging the receipt of your Excellency's polite favour of the 7t" Instant for which be pleased to accept of our thanks. Previous to its coming to hand we had given the necessary orders to Brigadier Rutherford (who commands on our Frontiers) to embody a sufficient force to march against the Cherokee Indians in conjunction with the commanding officer of So Carolina. The Troops Brigadier Rutherford carries with him are as chosen Rifle Men as any on this Continent and are hearty and determined in the present cause. We have every expectation from them. STATE RECORDS. 317 With pleasure we assure you that they are well armed & have plenty of Amniunition in short they are well equipped. We rejoice most heartily with your Excellency at the calamitous and Whimsical situation of the British Heroes & our wish is that all the contemptable Creatures & Tyrants may ever be in the same distressed State LETTER SENT GENL. RUTHERFORD RESPECTING INDIANS. [From MS. Records in Office of Secretary of State. ] Whitfields 16th July 1776 SIl., Since our last by Mr. Gibson to which we in a great measure refer you for your future conduct we have received letters fromn Iis Excellency President R.utledge of S" Carolina & Gen' Lee with respect to Indian Affairs Copies of which you have inclosed and we have only to desire that you will act in conjunction with the Commanding officers of S" Carolina & Virginia and as we rely greatly on your wisdom & prudence in not calling forth more iM~en than are absolutely necessary shall leave this and every other matter to you. Your favour of the l0t" of July and the Letters above mentioned have fully convinced us that lostilities have been comm:itted by the Indians our presence therefore is altogether unnecessary at Salisbury. We are sorry to tell you that our dollar Bills Emitted by the Congresses held at Hillsborough & Hallifax have been counterfeited. W e shall set off for Halifax tomorrow morning in order to bring if possible to Justice the infamous villains concerned in this wicked business. Should there be a probability of peace being brought about with the Cherokee Nation we think the S" Carolina plan as contained in the President's Letter -very much to tile purpose and wish in case this should be done that you would agree to it. We are wishing you all imaginable Success Sir, your obed hbile. Servt To Brigadier Rutherford [On)En BOOK OF (GEN CHAREIs S IE E PAGE 13 Charleston, S. C., July 20th, 1776. Extract. "The charge brought against Capt Cole of Col. Polks's IRegi 318 STATE RECORDS. ment* is of so extraordinary a nature, and the character of the Gentleman accused is in general so good, that Gen'l Lee thinks it his Duty, previous to a formal Tryal, that a Court of Enquiry should examine the Affair. Col. IHuger, therefore, and the Gentlemen summoned as a Court Martial, are desired to consider themselves as a Court of Enquiry. A Court of Enquiry is not sworn, but only collects Evidence, and gives an opinion whether the matter enquired into is, or is not, of so serious a nature as to render a Court Martial necessary." *4th North Carolina Continentals. July 21st The Court of Enquiry, of which Colonel Huger was President, to examine into the conduct of Captain Cole of the 4t"' Battalion of North Carolinians, are of Opinion That he is not guilty of the Charge brought against him. He is, therefore ordered out of Arrest. The 2"' Regiment of North Carolinians, or Col: Martin's, to be taken off all Duty this Day in order to be mustered; They are to assemble on their own Parade for this Purpose at 5 o'clock this afternoon. The 3d Regirmenlt of North Carolina, or Col. Sumner's, to be mustered To-morrow; of course to be put on duty" COUNCIL OF SAFETY TO BRIGADIER RUTHERFORD. [From MS. Records in Office of Secretary of State.] Halifax 21st July 1776 SIR, Yesterday your favour of the 12th & 14th July reached us for which we return you our sincer6 thanks and have to assure you that this board will with pleasure upon all occasions afford every assistance in their power to the Western Frontiers we refer you to our Letters sent by Messrs. Gibson and Jewel for your conduct with respect to Indian Affairs and have only now to tell you that the most vigorous measures must be fallen upon by you to put an end to this cruel unjust & wicked Indian war and in order to effect which you are hereby impow STATE RECOIDS. 319 ered to raise as many of the Militia in your Brigade as will answer this Salutary purpose and to march with the same into the Indian Country in conjunction with Major Williamson who Conmands the South Carolina Troops and there act in such a manner as to you in your good sense & judgement imay seem best so as effectually to put a stop to the fiture depredations of those merciless Savages. We are truly sorry for the unhappy situation of our western Brethren and most heartily condole with them ini their present sufferings. We shall very shortly remove higher up the Country of which we shall give you notice of the place. Tormorrow Morning a Waggon will set off from this Town with one thousand weight of Gun powder directed to you or in your absence to Mr. Matthew Lock Esq' In case you should bring the Cherokees to their reason and they should incline to make a peace with the Southern Colonies we would advise by all means that they deliver up Hostages for their future good behaviour. All other Matters we leave entirely to your discretion. As S". Carolina has by this time 2100 Men in the field and we hope they have joined you we therefore cannot think of ordering any Troops out of the Hillsborough Brigade (as you well know how many disaffected persons reside in that district & neighborlood) as we hope you have a sufficient force to conquer the Lower Cherokees. We recommend to you the greatest frugality in the article of Ammunition We are Sir, with very great respect your mo. obed Servt By order of the Council of Safety. HONBL. SAM. JOHNSTON FROTM COUNCIL OF SAFETY. [From MS. Records in Office of Secretary of State.] Halifax 22nd July 1776 SIR, You will we hope pardon our not writing to you before. The only apology -wvhich can be imade is that the Council have had so much public business before them that they liad not a single imoment to spare. Inclosed you will receive Copies of two Letters from So. Carolina the one from his Excellency President Rutledge the other from Gen Lee with respect to Indian affairs —the Council have 320 STATE 1-RECORDS. sent up an express to Brigadier IRtntherford directing hin as thle Cherokee Indians both the lower Towns and over HIills had killed many White Men women Children within the line established by treaty to act in conjunction with Major Williams who colmmands the So. Carolina Troops agreeable to the President's' instructions to. the Major. Many of the parties were headed by White Men and they have done more mischief than ever was known in the time. Their attack on the Frontiers was made within a few days of the attempt made by the ministerial Ariny & Navy to carry the Works on Sullivan's Island. The Council had determined to adjourn to Salisbury to prevent if possible an Indian war thinking perhaps'that many of our people who had settled on the Cherokee side of the line might have been desirous of precipitating the Southern Colonies into War in order that they might have it in their power to cut off the Indians and possess themselves of their lands. Shortly after this determination the Council received the inclosed Letters and then thought their presence not necessary there and by Letter directed to Brigadier Rutherford to embody such a number of men from the Salisbury Brigade as would be sufficient with the forces. under the command of Major Williamson to attack the lower Cherokee Towns. The Council have left every other Matter to the B-rigadier's discretion not doubting but that he will act for the best and recommend in the strongest terms to him frugality. The Council have the greatest reason to believe that the Virginians will march immlediately a sufficient force firom their Western Country to attack the Overhill Towns about the same Time the Carolina Troops will in all probability enter into the lower Cherokee Country whicl'h it is hoped will put the finishing stroke to this bnsin ess. The Council thought it their duty to Attend here for the purpose of making a full discovery if in their power of the Counterfeiters of the dollars Bills of the 1Emissions at Hillsborought & this Town. The Council will enter on this )business instantly. Five persons concerned in this affair are safely lodged in Williamsburgr Goal one of thenm whose name is Benjamin Woodmian a very great offender & and the very Man who assisted in cutting the plates-the Committee of Northampton County sent off the other day twenty five AMen to take up many suspected persons. TIhe Council have reason *-President of S. C. STATE I. EC)ClO.DS. 321 to believe soimei discoveries of irmportance to tlis Colony will be mrade. Your letter inclosinlg p)articullar )pa)pers by A1Mr. Jones calne safe to hand aTid the first leisure hour the lwhole will. be taken t11nder consideration in fulll C(11unc il anrd be pioplerly attended to The Council mnost hleartily congratuilate you on the Contilnenital Congress lhaving declared the lTnitcd Colonies of America IFree and IIndep)cndent States. We' have the lionour to be with very great regard & respect Sir, )Your AMo. ob1ed Se\rts. By order of the Council of Saf'e tv T( THOMAS.B[RKE, 1ESQR. FR()M CORN. HA INETIT. [I'Froln Executive Letter 'Iook] I 'al i f' x,' uly 23rd 1. 7 7 DEAR mSIR, Y(our ftvourl, of the 1()tl1 oft this Illst.nit we re eived fo.)r whlichl you have o(-)ur thaiks. 'The Sen( in tlhe ("Xun powder to Brigadier loen e:ra.l o11 titaankfs.. I 'l. G(.enlral Itnutllerford from., the necessit y o' 1:hef case was prudlet an( justifiable; the bearer Claptain Cira. w(lev will deliver to BI3)ri gad ier Person ( or Iiis order, six }tlIiu11(drd w eWighlt of thlt tarticle forl tlul district of l:illsborlgh, which it is eX to' will flllv a nswer for tlh 1pres en t. V,? (' ', I' r Your v ery. lIt I ubl le S e rva lts Si'ig ne)d hby order of' thle Counictil of' S.aftty C(,E)i! UEL!' S I-'1A ]K.'N iTT Presid e t N. I'. Inclosed( is a resolve rlespectinlg Alicklejohn, pl.f ease deli ver the sanme to the colmmnnanding O)thicer. [FIROM EXECIJ'IIVE, LE'T'TER 'BOOK] John Adamn's Thonghts on Governm en t. The subject on whiich you was lpleased to re(quest my sentillentrs is of infinite importtance to manikind. Politics is the scienrce of 21 322 STATE RECORDS. HIunan llHappiness and the felicity of societies depclnds entirely on the ConstLitutions of Governrmeilt undler which they live. That faimous couplet of a very great:)oet, "For forms of rgovernmlent lt lt ools contest lTh.at lbest adminiistered is best" shows himi to have been: less attentive to the political and civil par t of Htistory, tlhanl the poetical. HIe mIust have read iand studied for fanciful i.m.ages, not social institutions, bc(ause tle rectitude of administration depends uponl the form, some species of governmenlt being always well administered, otlhers never. If you can determine whvat form of governn.ent will produlce the greatest lamount of lulllan hlappilness you will act once decide whi(ch is 'best, tllis being the onlly criterion. If yvou determinie whilat the dignity of hmlllan nat.r re }tand the ihappiness of ilmankinld consist in, Vyo will decid.e wllhat is that produces the greatest ({uanttity of hapl)iness..Divinel, Mora. list, pllilosophersi anld lment of plelasure, all agree thaLt it consist ill Virtue. If there is a form of government therefo're wlhosee pri.i eiple or foundation is Virtue, will not all these kinds of m.en acknowledge it to be better calculatated to promote the general happiiness tlhan another the principle of which is lFear 0or even ho11.or. 1. 1hol0 the princliple of honor ssac(recd-but amn not ashamled to confess i:myself so much of Gr(ecian or.IRorian, if no)t of a christian as to think the 'Princjpl of Vte of irtue higher rank in the scale of moral 'Eixcellentce tlha'll onor. Indeed Honorio is but a part, a very small Part of Virtue..As to Fear it is so l)base and )lrutal a lpass;io, tlhat it don't deserve tlhe name of a Pri'i ciple and I tlhink no (gentlciman of this \ Age and C(ountry will. think it a Foulndation of ('Governmcnt l)proper for A.meric}ans. The spi.it of' the People I1among) wliom.1. o lu( I had y B13irth anid Edulcation, wh\ich you know very wvell, wxas a11.lwa'S r..)etllilcair, altho1 tlhey iNevexTr enljoyed.a C(o.s t. t.tit.ti' of (-; overn entle t conf:orlimablc to tthat Spirit as the whole of tie E xecCltive, wit.h la111 ei1O'n1ol( s prro'1'(oga.tive, tas well as two B:)raircl(:is of their legislative, ye(dl tle w\liol of tlheir jt di.(ial Powel, we're ail wavys iln tie I.lhandls o.f tlie Cro(1wV\. It x was wV]olly ow'iig to e.stitlt o' t.loi tli TxowIs. wV(hi clh wvere snmall Distri(cts illcorporated, by air ea rly. Law, aid.1 vested po)\o rs to a1ss.el1ble frl'eq'letly, ('eliblera. te, del)ate and act, upon nR anv A fi'aiirs, together w ith tile estab.li.sln111.eit of Grai iniar Sc1hools in everyv on e of those Towns, tihat such a slpirit was..)lreserved, tat all. aoiig the people. a STATE RZECORl)S. 323 I~n myv early youth, the Works of Sidneoy, Harrington, Locke, AMilton., Nedam evi~lle, B3urnet, Ilcadly, were put hinto mny hanids and the minseral~le Situation of' our Country, for fifteen Years past, has frequently remninded inc of their 1riin ci pIes aud Iesn is They have eon vinced mne thant there is no good gover-inment but what -is '[Repu1i Hean. The British Constitutions itself isieubcan, tot' I kn~ow of nio better Definition of' a Repubbeic thant this,. th at it is an] LEirtpire of Laws and riot of' mieni andl thei'efbre as Ii look upn lleiulli~es to be the Ibest Governments so.1 tlhink, that par Iicui'ar _14orni of' Governmnent, or in other words., that particular Arranoein~en~t and Com-bination of' thie Powers, of.' Societ, whchi best calcuhated to secure, an exacet andI imipartial Execution of the Laws is thie best Republic'. O f I cpubli~cs thiere is ain i~nfinite Va-riety, because the arrangemncnts ot the Powers of Society are capable of innumerable -Diversific at i OTI 5. Now Sir, as good Governmyenlt, is an Emnpire of Law.Ns, the f"irstuiestilon is, how shiall your' Law-s be mnade? In a Society or Comnmuniity -onsitsting of' any con siderabi.)e nrinnher of' People, inhiabiting arny considerable EXtelnt of Teri'itory, it is im1)ossible, that the whole, Body should assemble, for the 'Purpose of mnaking iLaws. Thiey would ibe too numerous. They c.Iould n~ot afford thie Time or Expense. The first Step to h~e taken theni, is to deput~e Power from the many to a few of' thie most wise and virtuous. But by what rnuics sliall you choo-se, your 1Representatives Agreee lipol the, numbier of' Per'sons, who shllt1. have the [Benefit of' choos-ing) one, or- agree uponi the Quantity of' Property, wvhich shall be instituted to one, or agree upon a District of' G4round, tHe inhabitan~ts of' whichl shiall have that Privileg e. TIhe prhincip.-le iDifficlulty. is, and the gi'eat~est Care should be taken In, constituting ti e) i'esentative assen 1iulbiy. It sh-ould be, in1 M1iniature, anIT exact Por'trait of the People at. large. It should think, f'eel, reason and tact like thieni. That it mafy be the Interesst of' this arss,_,erbly, to do equal11. Rtighit anld strict Justice 111)01 all. occasions; it mu~st be an equal R.eprlesent-ation of the lPeop.le, or in other wordis, equal Interest aluliong the Peop'le, sh~ould have ej-1ual Interest in then Representative Body. No Art should be spared to effect this, and to prevent, nuf~aim', partial and corrupt Elections,; but. such RIegulati~ons are b etter '324 STATE RECOItRS. made in Times of greater Tranqluility than the present, and they will grow of themselves naturally when all the Powers of Society and Governmnlent, coime to be ill the hands of the People's Friends. At present it will be safest and wisest to go on in old estlablishled Methods to which tile Peoplee a re econciled by Habit. H1-aving obtailled a l-tepresentation of the PI)eople il one Assemblly, the Q.uestion arises, whether it is vwisest to leave all tlhe Powers of legislation in tlhis Single Body, or to make your Legislatulre more complete I thiink a People cannot be long happy or free, whose laws are malde only by one assembly: my TReasons for this opinion are these, 1st. A single Assembly is liable to all tile Frailties, Vices, and Follies of an Individuall, Subject to fits of IHumour, Caprice, P'assions, Prejudice, lasty Results and absurd judgnrlents, which ough0 t to b(e correctedl by somne controllingc Power. 2nid. A single Assembly is apt to be avaricious, and in. time, would not scruple to exempt itself from 3Burthens which it would lay, without Feeling u1pon its Constituents. 3rd. A singlle Assemnbly is apt to grow amblitions, and vote itself perpetual. Witness thle Case of ' olland, -whose assenbly l first voted thaLt they should hold tlieir seats for sevenl years, tlhen tfo Life, and after some time tllhe lIad the I:.Modesty to determine, tllat whl(en a vacalncy hal:ppened by death or other wvise, they themselves would fill it p1, witihout app:)l'ying to thie C(onst-it ents of the deceased M e. c In t.I) e r. 4th. An Asse'lil)lv cannot exercise the Executive Powers, for wantt of two essential Pr ol )erties, Sec(recy aan(l Dispatch, nvow if an executive Power is constitutetd distinct frolm the Legislative, and tlhe Legislative consist of oilly one assembly, tiere will naturally grow,a (coldness, anl opposition land at length a dowTnrighlt civil war b1etween the Legisative and Executive..th. Because a.Replresentative asselnbly is still less qjualifie(1 to exercise tl(he ljt icial,Poer, Ieing too lnu1erous, an.d generally too little skilled in those vol uinous Collections of Laws, which are nec(:essa r to be thlorougllIy und(erstood, and most carefully ob)served, i; order to olbtain a uniform, steady and impartial Adinin.istlratiol of Justice, therefore I lay it d(own as a. mlaxim that tile,J udicial Itovwer slhould be distinct both f'ron. the Legislative and Executive. N3ow if you hltave your Legislative in one assembly, and STATE IRE'CORDS. 325 Executive in another, and the judicial IPower leans to either it will naturally join with that, and over balance, overbear, and overturn. the otlier. The Legislative, therefore, shoul.d consist of more thanl one assemblyll. Let the Representative Body then, ele(t )y ballot, fromn amnong themsselves or t heir Constituents a distinct assemblly to consist of the most experienced, accompllished, anld t irtuodus AMien wh ich for the sake of Perspicuity we will call.a Council, it may consist of' any rNumlb)er you please —Say twenty or thirty. Whenl these two.1.3odies are thlls constituteld, an inquniiry wi-ill arlise, is the Legislature compleat. I think not. Tliere should be a third ]3ra.lnc( which for the sake of pIleservi.'ng old styles and Titles, you lmay cail a Governor whlom.1 would invest with a negative upon. the other "B'ranchles of' the Legislative an a1lso with tlhe whlole Executive Iow\er, after divesti ng it of I.ost of those i.adgtes of i- Dominatilon called Pr'erooagatives. I know that giving the Executive Power a Negative upon tlie Leg(islative is liablle to ob:jectiolns, )nt it seems to lbe attended witIl more advanltag<es than ltldangers, especially if you 1nalLe tlls ofliccr elective annllally, and more especially if you establisl a rotation by whi(ch no Intlan shalll be governor for more' thlan t.hl.ree year.s lannually elective, lie lly:be allowed a free and independent IExercCise of his JudIgnlllett, be'lnl:c a he will have so much 1Reg1 a rd for tlhe I'eople, the oRepresentatives, and Council that lie wouild seldom exercise tlsii righlt except in cases, the public utility of xllhich would be conspicuotus an(1 s(Iome such cases would hllappen. However if you like it lbetter, give him( only a casting Voice in Coluncil. In the present state of America when. by an act of 'Pa.rliamlentt we are put out of the Royall Protection and it is become necessary to a.ssulne (.-overnnlen ts for immunediate security, tle G(overnor should be ch]osen by joint Btallot of both Houses. In the salme nman1m1er a Lieut. Governor, Secretary, Treastury, Conmmissary, aid Attorney General, may be chos.en. lThe Goverlor 1:by and witl and not.without thle advice and Consent of the Council should nominaite and appoint all Judges, J'ustices, and all othler officers civil and military, who should have Commnissions signed by the Govenror and under the seal of the Colony.-if you chose to have a governnenlt more popular still you may let all officers b1t chosen by one House, co('ncurred with by the othler and consented to by tlhe Governor. Sheriffs should be chosen by the Freellolders of tlhe 32.6 STATE RECORDS. counties. Indeed the whole of this Plan is calculated for the present elmergellcy. The L-egislature thus constituted will have Power to make any alterations from time to time to supply Defects which Experience mnay point out. It may indeed giive the Election of the whole Governlmi ent annually to the people at large as in Connecticutt. The Stability of G(overnmllent, in- all Bra nches, the:Mora ls of tle peopl'le and every blessilg of Societv de)pends s(o muclh ulpon t. true [ntel)rpretatio)l of the TLaws, and an impartial administlration of Justice, that tile Judges should always be iimecn of leariiing.r anlld experi(ience inl tlle jLaw-s, exemnplary Morals, great l)atielnce, calnli;-.ess, coolnless:d(1. Attention, should lnot have their minds dlistral'ctted w'itll comllplicate d jarring Interest, or be sulbservie.nt to(, any iman or Blody of 'en or mlore (ollomplaisantt to olle tllan anotlher. lTo tilis End(, t.hley - holl' d h old o Estates for life in their offices, and their salaries should be fixed by law IBy holding Estates foir life I mean their Commissions should be during good behaviour. Suchl a Constitution as this niaturailly and necessarily introduces iniversal knowledge amnong tIle People, and inspires tlhemi, with a conscious Dignlity le(coninl'g IFreemienl, g1ood huionur, good Imanellcrs and good.Morals. Virtue, hono1 ur, and Civility b.ecoml:e fash'lionabl 1e. That Elevation of Sentiment, whichl is meclhanic ally introduced by such a Government, makes tile commion People bold, brave acnd el.telrprisinig. That Ambition wllichl is inspired by it inlto every Rank and ord.er of Mei, rmakes themr industrious, sober, anld fruga.l.-In suchl a government soine Elegaince perhiaps, but niore Solidity.-somle Politeness, but more Civility. —somre Pleasure but more Business. If you compare a Country where suchI a. G(overnmnent prevails with the Regions of Dolrinatims, whether Aristocratical or AMonarchial. you will think yonrself in.Arc(adlia: or Elisiium. But must not all Commissions run in thle name of the King? No, Let themi run thus " The Colony of North Carolina to A.. B. Greeting" and be tested by the Governors in tlhe Name of the King? No. Let them run thus " The Colonl of North Carolina to the Sheriff of &c " and let themn be tested by the Chief Just'ce. Must not all indictments conclude "Contra Paceti Dolnini Regis"? Noo, Let them conclude against the Colony of North. Caro STATE RECORDS.37 327 Jina. and the, "Dignity of the same" or "M1.ajesty of the samle" if you- will.. We have heard mnuch my iDear Sir, of a Continental Constitution. for m-y own P~art I see no occasion for any but a Coucgress.Let every Colony please itselt without Control. in its own Con.stitutio'n. L-et a fair <and eqInitab~le Representation of every Colony, ap-pear in Congress, and let the atoi of that great Council b~e sacred]ly Confined to these Cases, War, Trade, and Disputes between Colony and Colony. If the thirteen COo~loies, wvere all1 possessed Of such Forms of Government, and a ConfederationT for1 the a-bove Purp~oses, was agreed on in Congress and ratifled by the A ssembl-le"S, they wvould lbe unconquerable by all. Euvrope. 1 mui-st -rely on yo-ur friendship, not to expose, me to rid iciile or Censuire, unnnecessarily, for theise imlperfect hints. LETTER TO D)R. B1URK.E. [From MS. Records in Office of Sec'retary of State.1 HaIfa 3d a _fuy1.7 Sin, ~ ~ ~ ~ ~ ~ alfx2r dyo ut - Y\our tavour of the 16th of this Instant we recei ve for which yon ha-ve ou-r thanks the sending the Gun powder to Brigadier G'enl. 'Ruthe~rford from the necessity ot thecl ease was prudent and eJustiliable the bearer C)apt. Crawl~ev will deliver to Brigadier 1'erson or his order Six hundred weight of that Article for the, districlt of Iiillssbor-ough which it is expectedl will fully Answer for the prlesen t. we, are Sir, your very hble Ser-vts. 13v or)ider of the, Council` of Safety C. H. P. lion Thos. -R Burk eEs qr. IN. B). Inclosed is, a Resolve respecting M~ieclejohn please deliver the samne to the Conmnanding Ofliceer. 328 STATE RE( LII)S. LETTER TO WVM. SH'IARPE, ESQ., FROM C()UNCIL OF SAFETY. [From MS. Records in Office of Secretary of State.] 24th July Yours of the 19th of July directed to Genl. Jones is now before us the Council soon after you left us rec'd by express letters fromn Soluth Cairoliina which rendered our joulHrney to Salislbury al togetlher unnlecessary, and 'we then determined to go fo1r HaIlifax witll intent to inqu-ire into the Conduct of those villians vwho have bccn Couiterfeiting our palper Cur 7. and to return. to N'use as soon s tlht; bnsinless \ws aefifected of this we wrote you by express, We hia e alreadyl sent off One thousand wt. of powder fo)r your distlrict and anl O)rder on the!lmanager at Chizzells MAiles for Lead. We have also (ord(ered Gen. IPerson to marclh to your a ssistanle againlst thle Indlias live hundred of' the Hillsborollghl Mi'litiaa which we lhope w:ill lbe sufficient to rcinlforce (Gcn. Ruthlerl!ord & enab)le him efiectually to subldue those Savage Wretches un less they Compily with the teCrlms proposed by tlhe Colo(ly of' Soutl Carolina We expect to rem(-ov-e fronm hIere in a fewr dlays ither to rWakec or (i111 old La.ndlord Wliitfields wlhere we shall Expect to see AMr. Alexander or vo It'sel t We are Sir, your olbed Servants LTTERt TO G(EN'-. RUTH ERFORl) FROM COUNCIL. OF SAFETY. [From 1MS. Records in Officee of Secretary of State.] Halifax 24tlh July 1 T6 SIR, Thlis dcay we received a Letter from. M'I:r Slarple (dated the l(th (lay of tlis Instant inforlningi us that you had miarclled on the 18th to the Frontiers of Ro-wan County at the head of two thousand and live hundred of tile MIilitia of your Br3igade. A ou now have ou r Express orders to nmarch imeldiately and carry thle war if necessary into the Cherokee Country. There act with the greatest vigour. We have ordered five h(hudred AMen from tlic ITillsborough Brigade under tile Commnild of Col Joseplih Taylor to join you with the expedition You will inllelldiately lhave a suppllyy of lead from Chiswells STATE RECORC(l~tDS. 329 AIines Mr. Lock will forward it to you with all the (lispl.atch ii his power. We have to request tlhat you will send us expresses (conlstant ly a(nd by tllhem to let us knIlO tihe situation of the Army under your Cormmand and of lwhat yon may have occasion for. Yestcerday w e set off unI(ldr a prop)er gard one thousand w\eig(ht of G-unilpowder agreeable to your re(qest. TWe dep)end very nnucll on your p1rudence and good Colnduct an(i are with great regard Sir, Younlr 'To. b)l)ed Scr vts 1By oir(der of thie Council of Safety To 13riadie(r cRutlherfoird LETTER. T1 MATTH).'1. LOCKE, ESQ. [From MSl. Records in ()O-ice of Secretary of State. ] ]IHalifax 24th July. 1. 77.SIR, Since y'ou le-ft tlhis Tlow-n we received a L(e!tter fi(onm thl:e:-loblll John. Cage,Elsqr. IPresident oft the Coiuincil. of State inl Virginia di rect(ed t ttlis i lboa. rd in wlic ll ill l. lentio, l that ylou ill be imlll.ediately Supplied with all tIle lea(l at Chriswells XMinres for tlhe use of tlis C(olony alid tfhat orders ladl issiredl for tlhat pu)rpose-in closed you w' ill receive a. copy of 1Mr. P lage's letter w'it-h ail order oin Mlr. Ca.llxawa v for a1ll the lead lie lhad 1, lhlini-we hlavre ordered five ]indrde(d AMen fromn thle illI sborough.lrIigad(e uIlinder the colnmmarid of Colo. Josephl Taylor irnmmediately t.o miarclh and joini:1rigadier (Gell.. I.1Ruthlerford. 'We are Sir witlh Esteem Your Mo. obed Se'rvts Byv order M.att. Locke Esqr. LETTER TO G(ENL. ASHE. [From MS. Records in Office of Secretary of State. Ju'ly 25th 1776..Sin, We have taken into consi(der'ation your fa.vour of the 114 inst. aind do applau.d your Conduct and that of the Militia ulllder your 330 STATE RECO()DS. Conlmaind, for their readiness in assisting to (lllell the late mutiny among the regulars at Wilmington We are inclined to believe the unlhappy tlumlt and Confusion proceeded from ann Anxious desire among the soldiers of distressing the enemy and preventing tleir being supplied with any kind of provisions and not from any dislike or Aversion to the Service of their Country. We expect you will furnishl us wvith a General return of the men under your. Conmand and favour uls with your Opinion la to tile nlecessity of keeping the Militia longer on du.ty. as Corparnies whie lc form the:Militia I.rigades i mst be d islbanded at the Expiration of thlree monthl;s fronl the (Completion of each respective Co. agreeable to thie re;solve of Congre'ss; Wet tlhink should they 1e lonlge(r -walite(l, it would be.)prludent after they are disirissed to enlist againl under proper officers to be by vyo apploiltel, subject to theo approl:ation of tlie Council all. such aS may be willing to Continue, anld should this expedient fail and the service of tlie countr)y require it w(e shall order fronm the- different 13rigades as mannly of tlie MAilitia as 1nmay be N'ecessary. The Blarracks nmay be occu(llpicd by the regular troops inl tlle Absence of tile Militia and sro longer. \'You will by no means Join the detachment.s Iundler yourl commland with the Continenltal troops, unless abl:solutely:Necessay and should there be an occasion for suc(h a julc(tivon, you wvill draw off the AMilitia argain a:s soon as you may flJudge it prude-nt, and keep t.hem sel)ara.te an.d distinct from the regular Army. Inclosed we setl yout the tha.iks of this board and remain Sir, withl respe(t Your Most oledient Servants. COPY OF THE ORDER TO CALLOWAIY AT CH1SWELL MINES. [From MS. Records in Office of Secretary of State.] Ialifax No. Carol.ina 25th July 1776 SIR, You will deliver to 3Mr. Matthew L,ocke Esq'. or his order all the lead which you mnay have in readiness at Chiswells Mines for the use of the Colony of No. Carolina taking a receipt for the same we are Sir, your hble Servts 1By order of thle Council of Safety No. Carolina Mr. Calloway.Manager of C(hiswells Lead Mines Virginia. STATE1, RIECORDS.31 331 LETTER TO GE-NNL. MLOORE. 25th' J ulIy 1 7706 We Ackniowledge a Mx-aJority ot your field Officers m-.ust be thie. Judges. Withi respect to 13lankiets we c_,an only say we have taken every step) in our power to p~rocure themn. We have thle promise of a supply tromn F liii adedphia and that;io~in in our power shiall be omittedl to pi~everit any Juist cause of coinlplaiint in tlie Arm-iy. Our orders to von i fom Whitfields oni Neuse, we eon ecive you hiave Mlisunde-rstood as tliev' containied notluing miore thani that you iii Conjuncetion with (iiidAshec should ainnoy the Einemies as fiar as in Your Pelox'1 not expectijg jinpossibi lities, \Ve <are Sii' your Tim11.ble. Se-vt FORM OF A B3OND FOR EXPORTATION OF STAVES, &C. [From MS. Records in Office of Secretary of State.] J uly 2th 1 7 7 6 North C~arolina Know all. m~en by thiese P3resent that we Elolbert NeilHson, Alexander ITelfair, John TihouipLson. and Leslie of the Town of Hal ifax and p1.rovi nec aforesaid M~erelmi ats are held and Ifirm.-ly bo-i nd un to Sainuel Johinstoni EsquI~iire President of the Provinc-ial Congres~s in the Suni of' Five Thiousand pound5,- Proed. M-oney,) to bepaid to the said Sarinuel Johnston anud his Successors for thle uise of the province of No. Carolina to whiichi paylnent wvell and truly.. to be madle we bind our selves our heiris Exe,~cutors and administrators Jointlv and Severally firmly by these P~rese~nt, Scalied wxith1 our Seals and dated thsTwenty Sixth day of July Anno doin. 1,776. Whereas iRobert -Neilsoni Master and Owner of the -Brigo'itmne iPolly hath this day applied to the Council of Safety for the Colony of Northi Carolina for permission to Export in Ids said Brigo Sixty Thousand Pipe, and four thousand five liundred Hlogshead Staves from this Colonm, to some of the ports belonging to the Kingdomis of Portughal or Spain, in Order to procure for the use of this Colony a Supply of Salt and Warlike Stoics, and hath obtained permiss-ion so to do. 332 STATE RECOI:1''DS. Now the Condition of tie above Obligation is Such( that if this said Robert Neilson do and shall withlin Eight MIonths from the date hereof without fraudd, faithfully impolrt into, & for the use of the Inhabitants of this Colonly Salt, Arms Ammlunition & other warlike Stores, to the full 'iVallte of the Net proceeds of the said Sixty four Thousand( five Illndred Staves, and shall also pr1oduce to the presildent aforesaid an Account of the Sales of the said Cargo with a Certificate from the oflicer of: the port of delivery witlhin the time, aforesaid, then the above obligation to lbe Paid, (.)therwise to remainll ifll -11l force cpower & 'Virtue tire tdanger of tile Seas Enelnies & restrailnt of Pri lces onll e xcptcd. —prov:ided thlat in Case of Seizure by tie iEnemlies, restra.int of IPrinces suchl seizures or rest'raint shall be made k' l lown andl snfficicntrly prov\ed before the Chief Magistlrate of this Colony w'ithin. Eiglltecln Ml.onltlhs fromlr the (date here.of Signed Sea.led alid lDelivd. in the presence of TO COM'1MI:TTEE OF YPA.SQ.'UO()'TANiK. [From MS. 'Records in Office of Seeretar. y of State.] Ha lifax 29th 1 Jty 7 76 GENTLEMI;EN TInlosed you will receive a very sedicious aund da.lgerou.s paper said to be in the lhand writing of one Williaml Clark now a prisoner on his parole in the Town of iNixonton sei.t there by an order of the last Congress the Counci.l lha've to desire that you wrill immiediately on the receipt hereof mneet in Comrniittee and cause the said Williiaml Clark to be b.rought before you and also to sunmmnon such persons as are acqualiicted with his handwriting. Perhaps Mr. William Cumming in your County may be able to give some information and should the fac(t be proved to your Satisfaction in that case you will. order himn to the Gaol of the district of Edentonr and there to be kept a close prisoner unmtil it shall be falrtller ordered by this Council of the Congress W' are Gentlemen Your lible Servts By order of the Council of Safety The Collmmittee of Pasquotank County of tlhe River on tie So. Side. STA 'TF E C R()EORDS. 333 COUNCIL OF SAFETY TO G(ENL. RUTHERFORD. [Froim MTS. Records in Office of Secretary of State. I1[alifax 29 JuIly 1776 SIR, We have this (lay rec'd a Letter frorn John Page Esqr(. president of the Council of Safety in Virga. manking application for 300 lmell to join the Virg. arnament destined agst. the Over TTill Coherokees. We have thought proper to comply with the Request anid ihave made a f resolution to that purpose, which you will receive herewith, and whichl we expect you will comply with, with all possible Expelition. By tadvices from Surry Counity we learn that you hlave ordered no men fron thence to joil you agst. the Lower Cherokees, we would therefore recolmmend that you order the 300 Milen al)ove mentionel out of that County. —Mr. Page informs us that the Virginia Troops have no Salt, and writes pressingly for a supply of this Article; you will thereforc be pleased to send 50 bushels of the Salt already sent up to your IDistrict alonio wi th the Detaclhment or(dered to IHolstien and we will take care to have that.Qulantity replaced from CIross Creek. \We,( have this (lay sent off 150 wt. of powder to Su1rr Coilnty; it' you cane't spare 1any of the powder which vyoul have, for the Detachlimenit ordered to Vilrgini ia, you must give an ordelr to the Co..nl.ialandillg (fficer, to iapply to Colo. NMartin Alrmstrongl for the powder a:bove mentioned or slch a part of it as you mlay think lnecessary. W'e have also (directed C(olo. Armstrong to sp)are sol0le Leadl (for whlic(: we g1ave hini 1 an Order on Mr. Locke) if wanted. P. S. We earnestly recormmend to you to give us tlle most full and speedy Intelligence of your proceedings agst. the Indians. Shoulld 7you find that there is no need of tie 500.Mien ordered by this.Board to join you from I-Iillsborough District, you wiill, of course colntermnalld tlleln imnrediately. To Gen. RI.uthlerford. (Conncil of Safety to (ol. Arinstirong.) Since writing the above we have directed Gen IRutherford to send 300 Mlen to tile Assistance of the Virginians agst. the Overhill Cherokees to rendezvous at Stain ackers on Holstien, and have recommeneded to him to order them from Surry, as Mr. Sheppard 3341 STATE RECORDS. informs us that no mren have marched from that Co. agst the lower Cherokees. It will be necessary that this Detachment march as expeditiously as possible, and therefore for fear of delays we have directed Genl..Rutherford to give the Cominmanding Officer of such Deta clhment an order on you for a lpart of tle Whole of the 15() wt. powder sent by Mr. S-heppard. Sthould they also apply for the Lead for which we lhave sent you an order on Mr. Locke, you will be pleased to furnisli. as imunch of it as you can spare. If Genl. Rutherford secnds the above powder and Lead with the DIetaclnmeent the Vir'ginia Council wiill direct a fiurther supp)ly of those articles for Surry County, if necessary. To Col. A rlistrollg, Surry. (Council of Safety to Gen. A. she.) We lament that an Action of (Genl' Moores, whichl we make no doubt sp)rung fr'om, Humnanity alone should have been productive of such dangerous & allarming Consequences. We again conjure you for your Country's sake, and fr your own IHonour, to promote unanimlity between the Officers and Soldiers of the Regular army and Militia. COUNCIL OF SAFETY TO COL. ARMSTRONG. [From MS. Records in Office of Secretary of State.] IHalifax 2!9th' July 1776 Sir We have received a letter from the Colmmittee of Surry County dated 20th' July requesting as supply of Amrmunitionl. The Council have already sent Gen' liutherford for the use of Salisbury district a large Quantity of powdner and a (lraught t on the Manalgers of Chizzoll's mines to supply l Mr..M'tatthew Lock with as much lead as he may have Occasion for, but as General Rutherford may have marched against the Inldians before our orders o.1 l him to supply your County canl a.1rrive we have delivered to A.Mr. W'" Shepparl, one hunldred and fifty weiolht of Powder and an or(der on i.Mr. Locke for five hundred weight of Lead for the use & pirotection of Surry County, whose Inihabitants we hlighly applaud for their firmness and spirit in sulporting the American Cause and shalll at all times b)e ready to,ive thleml every protection and assistance in our power., ~-I.. STATE RECORDS. 335 we send you inclosed a declaration of Independence lately published by the Continental Congress with our directions to the Conmmittees, respecting the same. We trust that you. wi.ll snummon thle people of your County to meet on this Occasion anrd have the Indel:)enlency:Proclahilned in the most pul)bli.c 'lmalnner. We are Sir, with resl)ect Your Mo. Obed Servts SignO(e in behalf of the Council. C0"1 Arlstroig COUNCIL OF SAFETY TO COLO. JNO(. 3BUTTLER. [From MS. Records in Office of Secretary of State.] IIalifax 31st J-uly 1776 SIR, Your favour of the 25th June is nlow undel r Consider.ation We are sorry to hear the people of Guilford are still inclined to raise lnew disturlbances inl this Colony and shall. take every nmethod in our power to prevent their wicked illtentions being Carried into execution. Gen. P(erson lhas orders to embody five hundred Mlell froml your district to reillforce G(4en'. lRuthlerford, and we expect he will indu(ce the people of Guilford to turn out on this Occasion, rwhichi mayI iln some mncatsure prevent for the present any distiIub'ances froln that Quarter and as Colo. Folsomie is supposed to be now in G(uilfotrd withl a party of armed mlenr we (ldou)t 1lnot lie will take proper' notice of the rioters there cand reduce themn to Order. It is expected' tlle officers in. each County will see the resolves of the.Congress respecting the Militia duel Observed & that, the Colonels will Issue their Warrants to the Sergelnts of tlhe respective Companies to distrain for and Collect t.le fines fron all ] delinq(uents. I-ullnter will be sent for under guard to answer lefore this board for his conlcduct and neglect of tlhe order of Congress We shall be glad to hear frolm you on every important Occasion And are iwitlh respl)ect Sir. You r.Mo. ob ed Se rvts Signeld by order of tlie Council N. B. we ha.ve p'd your express tlie 3 dollars which you'l n ot incl.ude iyr.. Settlement with Iimn. STATE RECORDS. [FROM MS. [RECORDSi) IN OFFICE OF SECRE'.iARY OF STAl'.E] IN orth Carolina In the Council of Safety 2nd August 1776 lResolved that John Smith of Halifax County be immediately Ib ronght before this Council, for Cpassinhg Counterfeit Money. That Mr. Philip -Harvey and Mr. William Harris be sommnoned to appear as Witnesses at the same time, and tl.at the Comnimanding o Officer of said County see this IResolution Carried into Execu.tion. CORIN. IHARNETT President By order J. S. GREEN' jun. Sec. COUNCIL OF SAFETY TO WM. HOOPERI, JOS. HEWES & JN. PENN. [From MS. Records in Office in Secretary of State.] Halifax 3rd AugIst 1.776 G(j 'E1N TL, i]EMEN. N The Council particularly 'recoinlllldedl to your attention. ir. James AMills the bearer of this to you. iHe is employed in beltalf of this State to procure one or more persons properly skilled in the art of casting Pig Iron Canlion, Cannon Ball and hollow ware. Should Mr. Mills have occasion for Money you are requested to fu.rnish him with what to this end lie may want. Y'ou are Irmpowered to apply to the Continental Treasurers & answer w]hich imust be charged to this State. You -will, the Counci'l make no donult, afford iMr. Mills your advice & Assistance as he is recommended to the Council by tle Commnissioners appointed by the last Congress to superintend the Iron" Works in Chliatliham County We are with great respect (Gentlemen youlr iMo. obed Servts. [ORDER 1300'K OF ('EN. CHAREES LEE PAGIE 18] Charlestown, Aug. 3, 1776. Extract. "The whole Troops, Continental and Provincital, that are off Duty to parade to-morrow afternoon at 3 o'clock near Liberty Tree. The Brigade Major is immediately to procure a Return from the STATE R E(CORDS. 337 Virginia and North Carolina Reggiments of the lnumber of those lwho froln Sickness are uiifit to march; those in thte HIospitals, or those who ought to be in the Hospitals; and tile Co(nva-lescents and slightly indisposed to be distinguished in different columnns. Colonel Roberts and lMajor Elliott are added to the Court of Officers that are appointed to settle the (.Continental rank of Col Miililenbulrg and Col. Su inner.".By order of the Council of Safety AWMV. H(OPER t J'OSEPH IEWES Esqrs. JOHN PENN.)elegates in Congress Philadelphia )FROM LETT'ER TO (GOV. RUTEI,1i:)( —E. OF SO. CAROLINA. [From MS. Records in O(ffice of Secretary of State.] l: alifax 3rd August 1.7'6 SI:R We lhave this mormenr t rec'd a i.Letter from l Mr. I'Pa.r ge presidelnt in Virginia, illOnformling 1us of the success of a party of Virginillans ag<ainslt thel C(rees andl Cherokees. AWe begl leave to conglratulate vyou":' l.xcellellcy on this Circum stiance. \AXe presnme MI r. IPa(e has giveln to:youIr E.'Jxcellency or to (e11. lee the sill.e Inttelligence which} lc llas colnlmlunicated to us, hlowever lest thllo haste ie should ha ve omitted so to do, here follows thte ['ost Script of his Letter to ns. ---"We have certain Intelligence 1by a persoIn who 1made his Escap)e frolm the Ch(erokee Town.s tlhat tlley wiere marellinig (00 MIen ilnto our Frontiers (the pa.rty defe'.ated )by the Virrginians w-as a Detachment fron thlat Aifroy) thlat they had 2400 HIundred fighting 1men in the different Towns,-tlhat Creeks had joined and )1.5 Northern Tribes." We halxve ordered (Gen. Rultherford with the Militia in the District of Salisbury, to join and cooperate witl your Forces against the Indians, and we hear that he has albout 2000 Men ready or nearly ready to marnch. We have ordered 50(} Men from the District next to Salisbury, to reinforce Gen. I:utherford, and 300 Men to join the Virginians agst. the Overhill Clerokees. His Ex. 'John Rutledge Esqr. 22 338 STATE IECORDtS. [FROMS MSS. IN THE1 OFFICE OF SECIRETARY OFB STATE] Halifax 3rd August 1776 Gen. Moore. SIn, In. our Letter to you with respect to waggons the Council desired thlat three of theml and a sut.ticielnt guard intiglt gbe irmmlediately ordered by you to WVhitfields IFerry on Neuse.Ri.ver there to receive fromi the Vilrginia wa.ggons four thousaind weight of G(uln powder. Since tile 1-[eetilng of the Council here thle waggolns from TVirginia arlrived tlnd the Gun poIwder was deplosited in the Mt(ag:asine as the waggons wvere ordered by the Council of that State to proceed to tlis Tow nc only-The want of warggonls here and the very great demlrand for Gun ptowder on the FI.ronltiers hlas inldulcd the Councill to keep) the (Gu p)owder here & to order the warggons froml Whitfields to Capt. Stephen Coblbs on Contentney Creek there to be laden with l1acon and Pork for the Army and( retur'n to W:ilmington. Inclosed you'l receive a Copy of a Letter whtich the Council tiis day hlad 1)y Express from W\'Villiamsburg fromn MAr. Page P1.resident of the C(ouncil of( State in tiie Colony of Virginia. We are with very great respect yo>ur M1 o. obed Serv't ly order of the Council of Safety. P. S. 3Brigadier I:Rtlherford Iulls under hlis con.llnalnd al)bouit 2000 MIen & in.arcled hli:self with a detachmenlt t of 500 MleII f roml the Main body to dislodge a considerable Nium.tber of Indians that had ta.ken post albout 25 AMiles rwithin the (Cherokee line at whlat they callled their head (1quaters. 3Brigladier Gnl. Mroore PRESIDEN T JN. PAGE, (OF VA. TO PRO VINCIAL CON 1GRELSS OF N. C. I Fro S. R. ecords in 01fice of Secretary of State.l ialifaix 3d August 1776 We received youtr favor of 1st instant and congrlatulate you 1up1on 1the success of yonr people agst. the Indians.- Since our last to STATE RECORDS. 339 you, wlhilch you. will receive herewith, we are told that a BIody of Indians supposed about 200 had established their Head Qnarters on iNolic]kukey alout 30 Miles West of our Frontiers, and that (Genl Rultherford was gone with a Detachment of 300 men to attack them.Col". Long is just arrived froin WAilinrilgton, aInd informs us us tllat an Express arrived tlhere fron, Gen. Lee a day or two before lie left that place, informing Gern. 'iMoore the greatest p)art of the Transports alnd somne of the mlren of war which lay below Sulli\van's Island h:1ad goone over the -Bar,,and that some i)eserters fromr the Britisl fleet said it was the general. opinio-n a'molin the Sa.ylors that tle Army and fleet were bound for N. York. WTe return you our tlhanks for the Intelligence Awhich you are pleased to conmmunicate to us, and shall not fail to communlicate to you- all Advices, comining to us, that maiy be essential to the Good of the Com(imon Cause We lLhave tlhe honor &c -I1onb1. JN. PA.N. PrE. I| ORDliR B300K OF ('T.EN. CHAS. LEE, P. 19.] August 6th, 177'6. "'lThe Court of Officers that sat yesterday to settle the Continental. Rank. of C:ol.. Mahlenburgh and tCol. Sumner, report as follows: " Thlat after h.aving mnaturely considered the Premises they are of opiniionl Tlhat both on account of the want of proper vouchers accurately to ascertain the rank of Col.. MTfhlelinbutrgh and Col. Smnller, and }particularly on account of the absence of the latter withoult his ihaving aplpointed anybody to appear b)efore this Court in his B3cha'lf, it would be inlproper for them to come im.ed'- to a i)ctelrmnination on this matter: But as it may be necessary for the good of the Service that there should be a telmporary settlement of' the Rank of Col. M3fihllenburgh and Col. Sumner, the Court therefore, recomm inend that thlese Gentlemr en for the )resent; cast Lots for,Rank of both of them 'till a ftirtlher determniation. Gcn. Lee a.pproves the foregoing mode for settling the rank of Col. AMfilenburgh and Col. Sumner until it can be better ascertained, and it is ordered tlat they settle the rank accordingly." Vr. Virginia Regiment. t. 3d North Carolina Regiment. 340 34() ~STATE RECORDS. P. 21 Savannah, August '25th, 1776 -iBesides the party 'already ordered for Fatigune a Subaltern and. zD 30 m-eni of M,,ajor M~ayson's- Rangrers a-re to parade to-morrow morning precisely at 6 o'clockDet~ail for 'Fatigue,: 1L Subaltern, 15 'Rank and File from Col. M-1oultrie's. 1 Do. 13 do. do. " Col. lHnger's. 1 Captain, 22 do. do. " Col. S-umner's. 1 Sub- 1. 30 do do " Ma~jor M~Paysoni. agreeable to the above ordler All the Fatigue party to p~arade at the Guard House To-muorrow nlornii-iv at 6 occkprecisely." GENL. ASHE FROM3 COUNCIL OF SAFETY. [Fromi MS. Records in Offlice, of Secretary of State.'] Halifax 8"' of August. 1776 Silt, W-e hav-e received -yourb of Augt. 2"',. inclosing -a general return of the AN.4ilitia, under your Command, anid anTi Extract of Lord Chatham's Letter to Lord Camiden.This Extractet was, p:ublslhed with Viro'inii papers with the sameo observcatio-n in. which yon. make, that it wfas pro.imabiy spur-ious. Col'. Long g-ave tits intbrmuation~ thmat Clinton & his troops had left Charlestown and were prob~ably gone to New York, anid. we only waited for a Conf~irination of this intelligencee' to.-justify disbanding Of the M11il-itiai. This,, being now confirmed. you are lherelby directed to disband the, Militia undier y our Comminand immediately on Receipt of this. We sumrift it to von to direct in what order the Mlilitia shall march to their respective 'Dist'ricts, confident that you wvil.l order it for the b est.. As,- it is probable thaft the Militia mnay aga-imm have Oecasion for the 3a~rrcack~s e're long1, it is the Opinion01. of the Council that they be not pulled down, but that they b e put in thle care of G-eni. Mloore, and we have, wrote to him on th-at sul~ject. STATE RECORDS. 341 GENL. MOORE FROM C. H. P. * [From MS. Records in Office of Secretary of State.] Halifax 8th Angst 1776 SIR Being informed by Gen. Ashe that Genl. Clinton has left Charlestown and is probably gone to New York, we have ordered that the Militia be discharged.-As it is uncertain how soon the BIarracks mnay be again wanted we have directed that they be not pulled down, and we request you to see that they are taken care of. You will use them or not, as you please, for the Regulars, for tlle preseint; but whenever the Militia is called down they must have them.There is nothing new or material to commurnicate to you.-Capt. Bloodworth informs us that two of our men are prisoners on Board of the Man of War, and he is desirous that they be exchanlged.There are here one Atchison, a midshipmanl<l belonging to the Syren; and one Frazier an Adjutant, taken at Moore's Creek Bridge. If you think proper, you will endeavour to effect an Excha-nge.-We presume they would give up both our men for Atcllison; but if they will not you may throw in Frazier.-We submit this matter to you, if you agree on the Exchange be pleased to give mne Notice, and we will order accordingly C. H-. P. * i. e., Cornelius Harnett, Prest. GrEN. JAS MOORE FROM COU'NCIL OF SAFETY. [From'MS. Records in Office of Secretary of State.] Halifax August 1'2th 1776 Gen. Moore. Sir, Your letter of the 31st of July last by Joseph 13Byley reachied the Council on Friday last-you will receive inclosed a Letter fiom Brigadier (en' Lewis to whichl you are referr'd. The bearer Capt"1 David Crawley who has under his command a guard of twelve men will deliver you the Gun powder and Dollar Ml.oney Mentioned by the Brigadier in his TLetter to the Council which the Council wish safe to your hands and have only to desire that you will give sucll 342 342 -~~~.STATE- REC('rtDS. further directions whiich to you imay alppeaI' neclessary. Withi respect to James i3owcn you. are requested to send1 hin imnmediately under a sufficient guard to New Bern Gaol. there to remnain a close prisoner until further orders. William Stuart is charged with having been iii the Employ of Gov. Martin as a Spy & having eoninrlunicatedi to him miany Matters of lImportance to thlis State therefore you.will Also senid i~iinuinuder gu'ard to Hiarrisburg in Gran-ville Co-unty there to remain on his parole- as to Lead every means has been miade b,-y the Counicil. to pr1o(-,liie thiat Aritick cand so soon a~s a suipply can b)e had a sufficient quanltit-V will. be forwarded to you — It is rep~orted that a Fleet of Tran spo-rts hiaving Trl1oop~s on boac-rd salledl fronm Staten Island about twventy (lays Wlssaltob a r~einforcmeniet to Gen' Clinlton's Artny.-Ti~e Couincil recomnienid to you to collect all thre Leadeni weights, p~ump~s & Seine lelads to be had in yvour Neigrhborhood, which -will be instcantly p~aid for. We are with gre~at respect Sir, your Mlo. obed Svts. '1y orer of thle Counclil Of Safety. COUN CIL OF SAFETY TO COL. FOLSOMTE. [Froin MS. Records in the. Office of the Secretary of State.]. Halifax 1.3th Aug. 1776 Col. F'olsorne Sir, Yours of the 7`h of Augt lies before us.-As your DIetachimnt has,never been complete and is rendered still weakher by Ca].t. Caidwvell's IDepartntre, and as there is Cause to suspect the Tories of evil. iDesigrns, the Counimil arc of Opiniorym thiat the '25 Volunteers whomn you. have taken into pay shou'ld be continued until Caidweill returns, or, until. further Orders fromn us.-It hjas been reipresented to us that you follow gamiin.g and other Dissipation. to the neglect of your -Duty as a. Soldier, but we hiope this is not true; however we beg leave to observe that the Comimand intrusted to you is a Matter of nmucl Imnportance to the Publ~ick, and to recomm-end the greatest Vigilance and Activity in the discharge of it.-We have already done everything in our power to procure Lead for the Publick frorm Chizwells Mlines cand elsewhere, to very little STATE RECORDS.34 3 4 3 purp0sC; but we shall1 continue to (10 every thing we can to this. End, and when we have procnired som-e, your IDetachnient shall. be. s11ipp)ied amiong the Rest,-and 'in the meian tinme, youi are directed to collect allI the Lead youi can findi in )your County, such as Leadl Lead weights, sheet or 'IBar Lead, and reserve it for publick uise, & giving' Receipts to the Owners specifying thle Qutantity th~at they may hereafter obtain payt. It is altogether out of our -Power to mrake ain additional.Allowan c bV wayr of iRations or otherwise to the Iforse;-that mui-st. be, su~bmitted to Cong~ress. We hav e aireafdy sent Orders to yon to render us an Acet. of all tle Salt in whr~osoever h~ands it imay lbe at Cr'Oss Creek; bitlt as you have riot so done we presuiww you. have not reed. the ordler. CUCIL OF SAFETY TO D)ELEGATES IN CONGRESS. [Froni MkSS. Records in Office of Secretary of Statel] 1halifiax j.4th Augiust 1776 (4GENTLEMENT Early in Jufly l.ast we receiv~ed certain intel~ligence fromn Brig. Gex 'Ruitherford that the ChIerokee Indians. had,ommnenced,,-1 JostilitieS onI the Inhabitants of' 5) Carol~ina and thi's State. We im.1niedifatelv ordered 13rig. Rui-therford to imarch wvith a suiffic_-ient force, from the Salisbury B~rigade into the Cherokee Country andi to carry the war into thme lower Townrs & middle, and Valley Settlements. We at the same time Sent tipl a large (juantity of Gui-n powde.1r since, wh ich the C/ou-ncil h ave, recleived In formiation fiith at rigd. RntI-iterford had mnarched with '2000 Mcmen. The, C~ouncil. are in full expecttation that 1y this time, h-e is joined by Mattjor Williainson. who commnands, 1..tOO of' thre South Carolina Forces and has o-rders from thle President & Couincil. of that State to act in Con-junction with thle C.oinin-iandinig officer of this and the Troops under his comlnmanl(I. We have further ordered.500 Mlen from' tlhe Hlllsbo-rough -Brigade as a Reinforcement to Geni' Rtitherford umlnde the Commuand. of Col. Joseph Taylor who will be ready to imarch in a fiew (lays. Onl application froiri the Council. of State oftVirgimiia, Thle Coulncil have ordered three hundred Mfen froum the Sinrry Regiment of Militia to be em-bodied with all expedition and to mnarch to Hal 344 3iTATFE IRECOIRD)S. nackers on Holston River there to join. 120() of the Virginians; these 1.500 Mlen are to Mlarch into the Towns of tue over Hill Cherokees and MD~atter-s are directed so to be ianaged by the Coinmanding officers that the attack may be made nearly at the same time against the over Hill, lower Towns, Middle, & Valley Settleinents-Tihe Creek. Indians have joined the Cherokees and are out with them. in every party. Many white m1i1en have been seen with the Indians on the Frontiers of So. Carolina. Cameron Stuart's. deputy is in the over 1il-ll Towns supplying the Indiarns with Goods, Ammniunition & Arms and giving them. every encouragement to destroy the inhabitants of the Southern States. They h;ave been but too successful in the begiinning of this bloody bulsiness as inany of the Inhlabitants in S* Carolina and this State have been cruelly Mlurdered however the Council have the pleasure to tell yoiu that since oedl. rIutherford and Major Williamsoii with the Troops have appeared on the Frontiers not a Man of them is to be seen and the Council hope in about six weeks to give you an account of a capital str-oke being struck ag'ainst those I~ferciless savages as our Troons are ~ well Arined and in high health & spirits-one of the reasons whIiich induced thle Council to order out so tormnilable Ca force from this Stcate was that tbie Frontiers ot South Carolina arc but th-inly peopled &-, inany of the Inhitabitants called down to Charlestown to oppose Geni. Clinton and as there as a junction of the Cherokees & Creeks inmmrediate force was absolutely necessary and that the,\ra should be carried on with rigour into the vervy hieart of the Chierokee country whi cli will undoubtedly strike terrror inito the Southerln Indiami Nations. This war witli the Savages will prove very expensive l)ut we hope the above circunistances will justity" thleir own conduct anrd induce the Congress to think with ns that the expense shonlud be a general charge. By a young M-Kan, one Linton, a Lieutenant in the 3rd ELegimnent coinnianded by ColP Jethro Sumner whq arrived here last niliht fromt Charlestowni we are informed that several Men of war, Tran.slorts being part of the JF"leet, which sailed from Cliarlestown, had arrlvedl at lBeautort 60 or 7 0 Mliles to thic Southwvard of Charlestown. a-nd lauded abont 1.500 Men wlvhlo were intrenched near Port Ioylal and tliat Gen(. Lle was to march the day lie set off the 2nd of this ItIstant With 1.500 Men to join. Colo. Bull who commands a large body of Mlilitia near Port Royal and that frorn the desert STATE RECORDS. 345 ers who came over to our Army we learn the British Soldiers & Seamen were very sickly and that many of them have died- The rest of the Fleet it is said are sailed to New York and Antigna We have to request that you will send off with all possible dispatch the Materials for boiling & Manufacturing of Salt. and that any dispatches which you. may senld to tlis board by any South Carolina expresses you will direct to the care of Willie Jones Esquire on. his absence to Mr. Will"'. Martin in H.alifax and they will be immediately sent to us at Wake Court House to which place we shall adjourn to MIorrow & please to send on the paper We are (Gent. with respect your Mo. obed Serv't By order of the Council of Safety P.S. There is not a single British Ship of war at Charlestown To Will"'. Hooler, Joseph lIcwes, John Penn Esqr' delegates in Congress, Philadelphia. COUNCIL OF SAFETY TO R. BILACKL ED(IE. [From MS. Records in Office of Secretary of State.] SI.. We received your fav. of Aug. 1st with the samples of Salt, (by Mr. Jones) which gives us much satisfaction; as they afford a flattering prospect of ample supplies, in future, of that necessary Article. We reconmmend to you to proceed, with all possible Expedition, to the Completion of your evaporating schene; bult as the advanced State of the Season will probably prevent youi from doinlg much in that way shortly, we approve of your making the Experiment by loyling. — We shall be glad at all times to hear how you proceed and are. 22nd Aig. 1776 'To E. Blackledge Wake Aug. 23rd 1776. SIR, We beg leave to inclose to you some Resolutions of Congress relative to the Continental Troops in this State, and an Extract from Messrs Hooper Hewes and Pen's Letter to us.We are happy in the prospect of having our brave Soldiers armed.againlst the Inclemency of the approaching Seasons —the Severity -of a Winter Campaign, which we are taught on all hands to expect; 346 STATE RECORI)S. and therefore we recommend to you to take the proper steps for completing the Continental Battalions. You will observe that the Light Horse are put upon0 Continental Establislllment. No material News either fromn the North, or the West. Washington's Letter which you will receive herewith, will shew you the situation of the army at New York &c.We are, Sir. GENL. RUTHERFORI) FROM CO UN CIL OF SAFETY. I-From Ms. Records in Oflice of Secretary of State'] Walke Augl. t23(rd 1776. G-EN R.eUTIlEF ), SIl, Since our arrival at tlis place we have h]ad reports fioml various nQuarters to tllis Effect, that tlie Clherokees of tle lower mIiddle and valley Settlements in short all the Cherokees l:below the Mountains, had abandloned their settlementr s anid lted to tle Over hills. We have also been told that Maj. Williamson wit.l tlhe So. Carolina Troops has ipenetrated into their lower towins Slhould tills:e the Case, we apprelhend it will be necessary to disband part of the Army under your Coi mtland, to statior some of thle elrlemind(er on tle Frontiers, anld ma.la rch the Rest to join the Virginia. ns, as they will, if the above reports be true, have to encounter with the whole force of the Cherokees. —havilig determined tl t-o ta(IjouInll to Salisb:ury some tine next week, we hlave prevailed ol Mr. IPerson to ride to your Camp and confer with you, that, on his Retllrn, we may have the most i:erfect Information of the state of Inlldian Affairs. You will be pleased to comllunlicalte to us at large your Ideas of tlhe best and most effectual Method of conducting the War against the Savages, both defensively and' offensively.We are with great Rlegard Sir. (ENL. MOORE FROM SAML. ASHE. [From Ms. Records in Office of Secretary of State.] Wake 24 Augt 1776 Sil, Inclosed you have the affidavits of Win. IIarrell and David Smith charging David Craig second Lieutenant in Win. Temple Coles, STATE 'RECOR)DS. 34'7 Conmpany-with passing Counterfeit Money.-as such practices are now frequent and are of the most dangerous Tendency, it b)ccon.es necessary for us to use the most vigorous Measures, and as the proof of passing Counterfeit is direct againlst him, and we strongly suIs:ect that lie is also knowilng to thle mnaking and engaving of the 5 Dollar plate, we must request the favor of you to have him apprhclen (ded, and bronght before yonrself anld Mr. Harnett for Examlination, and that you send him to Halifax Town, under Gua rd, unleiss you and 1MIr. H arnett shall be of Opillion that lie is not guilty of the Chalrge. We suspect that some designing' persons have been parssing Counterfeit amnong the Soldiers, and send one' of the 5 Dollar ( Counterfeits, wllich came froml Craig, for Comnparing to be returned to us by Mr. larnett.It will be proper to direct Craigs Quarfters to be narrowly sea rchled. r. 1-aI.rncett knows the fo0r Doll1ar, & 2~ Dollar Counterfeits, we alre SAML. ASHT:E Presdt. EBE*N. FOSTER FROM S. A. P.* [Froin Ms. Records in Office of Secretary of State] 'Take 26th August 17'76. SIlt, The Council having Considered Captaii B3ullock's Letter to yourself i espectingll the oomllnnceciilnent of the pay of the officers and Soldiers of your D)etal'"t, and the mnakiig utp a pIrop:er pay L'oll, are of opinion that tley ought to be paid fromr the time of enterinlg into Actual Service, that is the ofiicers fromn the time of entering oil duty a.nd the Soldiers from tlhe time of Marc1hing from their respective habitations, we refer you to the 'Resolve of the Congress fobr the Making up a proper pay Toll whichl we suppose is expedient enough. We are yl'" &c S. A. P. P. S. Mr. Ralph Wil.lians, Lieut. in Bullock's Company, will be entitled to pay frol the timle of entering on duty until the day he was discharged b)y Col. Butler at Hillsborough-and again from the time of his Second entering on duty so long as he shall Continue in the Service not allowing for the intervening space. *'Saml Ashe, President. 348 STATE RECORTDS. Sales of 8 Tory & 2 Public Horses at Wake. 28 Aug'. 1776. Sales of 8 Tory and 2 Public Horses at Wake Court House by order of the Council of Safety 28th Augt. 1776 Brought there by Col". Folsome from X Creek. Brand 1 Roan Hrse to Jaimes Martin c. c -----— 25.10. 1 Bay ditto --— Clris. Curtis.- G. L ----- 10.11.6 1 Sorrel ditto — Joel Lane ----- 3- ------- 17. 1 Small Bay ditto-Isaac Hunter ---------- 5.2. 1 Black ditto- — ditto ---- -X-. --- —- 7.11. 1 Grey Horse -— Joel Lane --— H. C ------ 1.1. 1 Bay ditto --— ditto -----— P. ---— 14.7. 1 dark Bay 3Mare_-ditto — 0 -0 --- —-— 15.5. 1 Bay 1Horse --- Drury Massey -2 -- --- 14.10. 1 Grey Horse -— Joel Lane --- —--------- 8. 111.5.6 Paid Mr. Jones Vendue Master ~1.0.0 ----—.6.11.3 Commissions (y5 5 per Ct for Conducting ---- -104.14.3 Superintending, receiving & paying away the money - ----------— 5.1 1. 3 6.11.3 Errors Excepted JAS. GREEE JUN. GUILFORD COMMITTEE FROM COUNCIL OF SAFETY. [From MS. Records in Office of Secretary of State.] Wake Augt. 28th 1776 SIR, By Capt. Jenkins we received the prisoners Elliott &c. agreeable to order of your Committee, The Council highly approve of the Conduct of that Body, and beg Leave to return them thanks thro you for the Vigilance and activity which they have shewn in supporting the Cause of Liberty. With respect to the Company of Light Horse, which you have thought the particular Circumnstances of your Country required we can only say that we see nothing objectionable therein, provided that they never act with STATE RECO()ID)S. 349 out Orders from the Committee, that they draw no pay unless in actual service, that they be not employed without absolute necessity, and that no more of then be called out at any one time than Exigency of the Occasion may require.From Journals of Congress, P. 465.-September 3rd 1776. Resolved, That three more battalions be ordered from Virginia -. *. to reinforce the army att New York. That for the same purpose, two of the North Carolina IBattalions be ordered to march, with all possible expedition, to New York, aunder the command of brigadier-general Moore. DELEGATES IN CONGRESS FROM!) COUNCIL OF SAFEY. [From MS. Records in Secretary of States Office.] Salisbury September 9th 1.776. (GENTL.E.MEN, Your obliging favor of the 29th day of July last carme to hand this day for which you have our1 thanks-we are imade extremely happy to learn from you that the H.lon"' Conti.nental, (Congress seems so well disposed to afford the proper necessary assistance to this colony. The Articles MAentioTied in our former Letters we earnestly request may be forwarded with all expeditionl to IHalifax Town. With respect to your Armty under Brigadier Genl.. R1utherford we have to tell you tlhat it mnarched into the (Gap of the lmountains onl the first day of this Instant being then a)bout eighty Miles distant from the Cherokee middle Settlements and this is. the day appointed and agreed upon between Genli. Rutlherford & MAajor Williamson who commands the S". Carolina Forces to nceet in that Country and the Valley Settlements to put an end if possible to tIe fartlher depredations of the Savages by destroying all their Towns & Crops on the (G-round- Major WVilliamson has already put the finishinlg Stroke to the lower Towns and Crol:s of Corn near them. Inclosed you have a list of the Towns destroyed as also Copies of several Letters Diirected to Genl Rutherford to which we refer you as they will at one view give you a perfect knowledge of'the present Indian business. We have the Frontiers of this State properly secured against any injury wlich may be attempted 350 STATE PZECORDS. We have to desire that you uWill apply to Congress for the re'leasement of MAichael Holit at this timie a close prisoner in. Philadelphia Gaol put the-re by order of our last Congress. Tihle nnhapp)y situation of this Manr's Fanmily the application of' the Connnnittee of Oraange County & of many reputable & respectable friends to the cause of Ainerican liberty in.his favoutr has indutced us to inake a iResolve in his behfalf a Copy of Which you. have inclosed as also an oath whichl he must take previous to his discharge before the Mlayor or somre other Officer emliipowered to administer an oath. In Gciii lRkuther~ford's absence (laliriage has been (lone by strowling pai-ties oflIndianis & good and sufficient Forts are needed in the Counties of Trvon & Ptowan & Surrv and tomorrow we shall send off an Express to Genl. Rutherford to build proper forts in the Cherokee Con-ntry as Mailj or Wiiii'unson. has (lonei the sameo wihere thre lower TownIs stood-von will observe in the postscrilpt to (leul. Rtutherford's LT etter hie mentions pack 13h'.orse Mein. It maay be necessary to let you know that these Men are all Armed and the whliole Arrny amount to about 3.000 M1en ~1Which we think a very lharge force fromt this State but it wras thought best to march forth a suf.1icient Army at once to subdue the Indians in order tliat our people might in.return get somie rest and be prepaied to give tlie necessary support to the Secaboard as wve expect a visit in the Sou-thern C(olonies from the M-finisterial Troops in the Winter-we have given every facility anid assistance to the recruiting officers frorn the State of Georgia and have thie — pleasuire to acquaint you that they have mnet with great successCoP". Chiristain wh.1o conuirnands the Forces of Virginia & this State, in the whiole ab~ont 2200 Me11On, will proceed imimediately against the over Hill Cherokees-you xvili observe in our Letter of' the 14th Day of' last inolnth that we hiad ordered out -500 V'l e.n filorn the Hillsboroughi B1rigade. Tliese Mecn Marched nicar to the M11 ountains. n SWe thougiht it propei1 to discharge themer as Gen' Rui-~ther-ford had as it was thought a Sufficient force inl Conjunction with MaXrcjjou Williamson to subdue the Cherokee Middle & Valley Settlements. We are sorry to tell you that we have ibeen uTnder the necessity of permnitting a few vessels to carry out to the Foreign West India Islands Staves for the Express Purpose of inljporting Salt, animiunition Armis & warlike Stores..Borid with a large penalty is taken by us for the true performance of the, Voyage. It is impossible for us to describe the distressed Situation of this State for the wvant of Salt STATE RlECORDS. 351. the Inhabitants in general say only let them have that article and they will fight so long as they have Existence inl slupport of tile just righ ts of their Country and that without it themrselves Families alnd Stocks must perish. We hope whlen these Cirlcumstances arle considered thle (oCongress will thinlk with us thllat; such a )procedure wa.s not only jlustifiable but absolutely necessary to preserve tle peace & good order of this State. L]ETTER TO GEN. RTJTHERFORD) FROM CO UNCIL (OF SAFETY. [From MiS. Records in the Ofiie of Secretary of State.] Salis:bury Sel)temler 11"t 1776 SIu, By B]'rigadiC3er General Person we rei;l d eyo'ur Letter dated the first da.y of this instant by wlhi.chl we are fully iltifore)lld of the nlmb:)er and Situation of tlhe.Arly luld( r yorlr command. Thiis will be delivered you by iMr. Avery if no tccidelt lhlappens: this GentlClemall is sen't on purpose to you & lrequested to returl with all. pos'ilble Expedition. It is our wish and desire that you will by him acqua(ll t us with a State of the Armly, and w'ith tlhel Sitluation of the Inemy, as also where our Forces, and the Enlemies are, ald about wlhal.t timre you think you will Effect the purpose of tle Expeditionl. It is also our desire that should you conqler the enemy and possess yourself of their Country tlhat you would if it appears to you, sensiblel, and expedient, erect ii the mriost suital)le place, a good anid stubstanltial. Stockade Iiort, ald( to (-x-arrison the same, withl a. sufficient nul111mbe(r of Volunteers, d1rawn\ii outi of the forces rwhich you Comnmand. We hope t hat young11 mn w1 o 1 ha1ve,1 1 no f amlilies at homen, will readily of-ier themlselves on thiis ilnmport.Lant occ('asion. Should you be able t;o effect this, it wnill pbe i) roper to preserve all the Corn. il your )power, mn ore tlan ill l be sufllcient for tle use of tile ( Garrisonl, as also to spare as lImunch Prol'ision A.imminYl ition as yo0n canl or shal'(l deen nlecessary. It l wil! b!e quite convenilent and prui'deit, that you should on yo5ur0 returni home, if it is practi.cable, cleari a road from0 tlle Enemllies (Counltry, into this; (as by opelning of a Road, their Country will. at all time1s le accessibl.e froml tlhis State, anld the Garri'son can b)e more readily assisted, witli. tile Necessary sulpplies of Provisions, almmu.niition, & shoulld a peace be concluded it may be altogether unnecessary.m This matter in a: g'reat cesay.s 3 05 STATE RIECOiRDS. measure is left, to your own Judgement & goodsenso.-we hila-ve to desire that you wvill restrain the Soldiery, from ldestroying the w oynen. and Childreni, (,shonid any of them. fall inlto your hands~ and that all i)r'isoliers taken by you be sent to this State. Should the Inhabitants ot the MIiddle & Valley Settlements of the Cherokee Indians, abanbdlon their Towns, and join the Over hill Indians, in that ease we think it juite proper if it ca n be done, for you to give Assistance to Co(l Christian who now comm-nands the Virginia Forces, togetlier with a detachmneit from your B1rigade. This Matter we m-ust also altogether subirit to your Judgemn ent, & discretion.. We fear should all. the Indians nnite and mnake a Stand in the over Hill Towns, they will prove an over inatch for the Army there & should that be the case, which you on the spot will of course be the bletter jadge of: assist CoP) Christian if in. yourpower. We should he glad to hfear often from yon, and s.lihould any Eventful. M-1atter happen, after Mlr. Avery leaves you, please to send an Express, as this whole State, through ns, will have the Infiormation concerining Indiani Affairs, whichl they so A-rdently wish for. 'We have little Northern News, (-mlei. Washingtoni & Genil.. 11owe seemy to be \watching each. others Ml-Lotions, & we expect daily to hear, of a battle-from Europe we learn that the Kingrdoms otf France & Spain have opened their ports to us, aind thaut two large fleets, are aiready fitted out at the ports of Toulon ii& Brest in France: which circnmstaiic very munch alairms li-he British Court, anfid orders have Issued to prevent the further Em'lbarkation of Troops for America. The Northern Shipj)s of' war, have had very great succcess, mauy West India Ships latden with Sugarr u inu Coflkme &rc hiomeward. bounsd: have been lately taken, some of them vecry valuatble prizes. We are wishing you. all imanigablie Success, Sir, Your M-1o. obed Servts By order of the Council of Safety To Bricradier (4eneral Rutherford ST ATE R-ECO)RD).S. 353 [ FROM THE REMEMBRANCER (PART 1ST PAGE 355.) OF PIJUBTI.C.EvitN1S 1776.] A Morning Return of the forces now under cormnand of Col. Howe. Virginia 2"n regiment, 350. Virginia minnte-battalion, 165. A detachment of the 1lt Virginia regiment, 172. North Carolina 21. regiment, 438. INorth Carolina volunteers, 150. Total strenrlthl of companies, 1.275. Extract of a Letter from Col. Scott to Capt. Southall, dateId Norfolk, Dec. 17. D)lAn SIt, I have just time to inforim you that we have at last got possession of the most horrid place I ever lhlel:ld; I mean Norfolk. Almost all the inhalitanlts fled on boalrd the ships. Flags are contllnl lly passing, asking water, provisions, or to exchanlg'e prisoners. I)uty is harder thanl ever I saw before, our guards have not been relieved for forty-eight hours. The men of war fell dow:n last eveni.ngl al)out a mile, and left a blrig withl live tlousand lbushels of salt b)ehinl, which our liuards took, and l:)ongllt to the wharf. AVe have got on board tile vessel Mr. Carvy Michel. Col. Howve an( Col. Woodford hlave enlterld Norfolk with their forces. Lord Dulnlmore had abal:done tihe town, aind severall of the tories hatd fled on board their vessels, with all their eftects; others of then a.re applyirngr for forgiveniess to their iljulred country nl en. Journals of Congress. 'P. 476. Septelmber 16, 1776. It beilng represented by the delegates of North C(arolina, that, from late accounts, it appears, that the situation of affairs in that State is such, as to render it dangerousl, if not impracticable, to execute the resolution of Congress of the 3'(1 instant, ordering two of the North Carolina battalions, under the command of brigadier-general Moore, to march to reinforce the army at Ne\w York; Whereupon, Resolved, That it be left to the discretion of the council of safety of North Carolina, to execute or suspend that resolution, according as they shall think it m-ost conducive to the public service, and the safety of their particular State. 23 354 STATE RECORDS. COUNCIL OF SAFETY TO CHRISTOPHER O'NEAL. [ From MS. Records in Office of Secretary of State] I.a.lifax 28th Sept 1776 SIu, WTe have to desire that you will with all expedition proceed to Cape Lookout Bay alnd lmake a fill anld coinpleat survey thereof, in the most secret ilmannlr, with the bearings and ( distllees depth of water, height of the Hills and particulanrly of the distance between the extremne part of thle point of the Bay to the Land Banks and truanslit the same when colnopleat to tlis B.oard To Chrlistoipher O'Neal, Esq. LETTER TO J(OHN RUTLEj)GrE ESQR. FR)OMT COU'NCIL OF SAFETY. [From MS. Records in Office of Secreftary of State] Halifax 28th Sept 1776 SIR, Your Excellelncy:'s favour of the 23'r of August last camel slafe to lhand 'and we are nade extremely happy to learn from it of MXtajor Willi llason's success s againsllt the Lo-wer Cherokee In.dians on which we' congratulate you. The inf'ormation which you have received with respect to the Number of Mem ultler the command of Brigadier (Genl. tllutherford from tllis State is altogetler witlhout foundation as that Gentleman- marched with abIout 3..000 Mlen well arimed anld provided with every necssapsry tlhroug the Malin pass of tlhe Mountains on tle first day of this Instant and we have since learnt that he reached Swanarno the next da;y withoIut the least interrlup)tion) from thel Sava.g'es and we lhare no reason to loull)t lbut Ilhat (GeIl. IRtherford en'tered the Middle Settlemlents of tle Cheriokees on the Ninth, the day agreed ul.lpon l)etween our Genl. lad Major Williamson as the distanlce fromt the en.trance in the MlIountalins to the Settlemnents is only Eighty Mliles. 'You have inclosed a Copy of Genl. lRu.thlerford's letter to tills bIoard to which we refer you for every pa. r ti CL cul ar. Colonel. Christian who commands the Virgiilia Troops about 1450, and 600 / MenT froml this State, will attaclk witlt all possible expedition the over Hill Towns and should the Indians abandon STATE RIECOIIDS. the Mliddle & Valley Settlemnents & go over the Mountainis Genil. Rlutherford is ordered to pi-Irsue~ themn wi~th a large detachm-lent from the Army under his Commnand. We are with great respect Your Excellency's most 1i10 Servts By order of the Comlmi~ttee of Safety. JOHN COOPER. FROM COUNCIL OF SAFETY. [From MS. Records ine Office of Secrettary of State.Hali-fax 28thl Sept. 1776 Your Ljetter with respect to a lar-ge Cannion wve received anrd have aI desire that you wvill hire a sufficient craft and send it fromn B~ath Town round to Edenton as i~t will he very shortly wanted for the CGallies now building for the p.-rotecti~on of the Trade of' this State. The prilce will. be fixed and the fail. Sumn paid after the Can1)on i~s Viewved and valuied lby indlifferent l)ersons well skilled in a matter of thssort. Weare Sir, 'You-r bib0 Servts,,, (lvoder of the Cou'nc~il of State P. 5. Y~ou mnust sen-d the Cannon101 to thle care of Dr. Samul.1 Dick~ensoni in Edenton. To Mlfr J'ohn1T Cooper. LETTER T1O GOV.'VIRG. FROM COU24CIL OF SAFETY OF N. C. [From MS. Records in Office of Secretary of State.' 1 Halifax 30'.th Sept. 11776 In1closeld youwil receive Cop.~ies of two Letters, one from~ (~e-len Rutherford whNlo comimands the Tr~oops of this State go-ne against the Lower,Indians of the Cherokee Valley & Mliddle Settlemlents, the other fronm Mal —jor Willi~amion who its atte head of the Forces in the Service of the State of S". (Carolinai to which we re-fer yTofl Genl. -Rutherford reached. Swvanino twvelve miles in the M-ountains, wi~th his whole Army oni the 2-nd daxy of this Instant be-ing thenl distant fromi the nearest Chierokee Towns in thie Mliddle SettlemenItAs albout Si~xty Eighit Miles and we are under no d.oubt but thuat our 3 15 STATE RECORDS. General would he tliere by the 9th the day appointed by hiin and Major Williamson to make the attack and should the Indians fl.y before our Troops and join thle Over HIill Cherokees we have ordered Geni. PR-uthierford to send a sufficient detachment from the Armiy under his command (if practible) through' the Mountains to join CoP. Christian who coin innds the Troops of your State and a detachment froin this conunanded by Lient. Colo. Williamis you will observe that Gciil. Rutherford in the postc'ipt of his Letter mentions pacli Horse Men it is prope-r to let you know that all. those Mlen are \well Arm-ed and the whiole of' Geni. IRutherfords Arrmy arnount to about 3.000 Men we expect daily to hear from the Genl. -when tha t happe ons you will hear from ius and shilould be glad to have Every intelligence which you mnay receive fr.-om Colo. Christaint. We are with great respect Your Excellency's M1o. obed hIV Servts. 'By order of' the Clouncil of' SafBtv. COUNCiL OF SAFETY TO JOSHUA HAMPSTEAD. IFromn MS. Records in Office.of Serertary of State.l Halifax lt Oct. 177;' SIR,.Inciosed yon'i receive a Resolve of the Council of Safety directing you iimniediately to proceed to Sea with the Arrmed Vessels under your Commniand. It inay be necessary to inform you that the Jamnaica Fleet will sail for Eurrope about the Middle of this Mlonth nnder the convoy of a twenty Gun Ship only froin the best intelligence we can obtain; it will be therefor'e higthly necessary that you should be as Expeditions as possible as every success depends upon it.-what ever you inay want the Comunmissioners at New Bern will very readily supply you. witli. Two B3ritish Frigates are cruizing against the Amierican. 'VIessels near Ierimnuda. i am c~T To Joshua Tiamnpstead Esq North Carolii a-In C"ouncil of Sa fety October 25th 776. Whereas this Council are. well informed that certain Officers in the service of time State of South Carolina have enlisted sundry *STATE RECORDS.35 357 Itegulars of this State out of the ~North Carolina troops now: in Georgia. Rlesolved. thiat this B-oard do iitterlyr disapprove of suchl measure, that it is unjuistifiable and hias an obviouis tendency to obstruct thle Regul~ar service, and to endanger the common defence of North and Sou~th Carolina, and therefore that G4ern. Howe be and hie is hereby directed -to reclaim the soldiers as above mentioned enlisted by the Sou-thl. Carolina o-flicers, and hie is also further directed to remove, the w~hole of the North Carolina troop~s now in Georgia in mnediately to this State. A copy from the Journal. lbv ordler J. GLASGOW. Sta-te of North Carolina. At. a Court held (at King-ston 1st Dec. 177TIr6 PI Cesidet Ih Hm fon orable )lCosephi Leachi, 'Robert 1ihgnall Joli mu Simps1)"on ~.Esqrs MINembers. WAilliamm Bryan. The Gov ernor informed the B oard that heretofore a considerable numbcm of the soldiers who were sent to the aid of Sou~th Carolina against th-e common enemy, had been by the Coti.miienital officers suffered to lea-ve their respective reg)imnents and enlist in the States of Souith Carolina and Georgria, Whereby this State has been muntch daimaged not onlyV in the bounty advanced to such soldiers, butt also in mnak-ing up her quota of mnen~ in the Continental. service. The B~oard talking thme same into considerationi. Resolved that the Governor lbe a-dvised to direct the c-ommanding officer of the troops, now mrarching from this State to the aid of Soutlh Carolina and Georgia, not to su-ffer any militiar soldiier, un Tder his comimand, to enlist whilst oum the present expedition, in anyv C'ontinental Battalion not in this State, nor in such as were raised "her-e, so as to leave the militia service, until time present exledition isover, without thme express leave of thme legislative or execu.tive power of tlmis State. 3 "a' S 358 ~~STATE RECORD)S. Resolved that the Governor be advised to direct th~e cornmnnandiing officer niow going, to the a-id of South Carolin.a an id G'eorgia to continne his militia in the service of said States, agreeable to a Resolve of Congress, fromt five, months fronm the tenth day ot Novemnber last, the time they were directedi *t sebeulss hysallsoe discharged by time officer comm-i~anding in the, departmnent. And that it b)e understood the said. militia, shall h~e con~tinued in actual. service uinless dischargred as aforesaid, until. the tenth day of April. n ext when the y -shiallI be adIlo wed to retum. rlnad obt~ain pay for a rcasoabIcs time, to nil arch to tl ieir respective li oines. A trite Copy. JOllNN LOWRY Dep't Sec,'y. WM. LORD) APPOIiNTEDJ. P.AYMASTER. [Front Executive Eetter Book.] 1In Conlgress 11t' Decembner 1-776 North CarolinaThese miay certify th-at Mr.1 William 'Lord was alp~it~ ei men-tal. Paynmaster to the first R1egimenit of Continen-ta-l Troops raised in this State..by orders Ri). CA SWELL 'President. Jas. Green, Jr Sec'r'y Jun SerJ.j ID. BARROW TO GOV. AND COU-NCIL. To his Excellency Gov. Caswell antd. the 1lon. p)rivy Counc-il. in the State of North Carolina MAT& IT PLEASE' You-it Ex1iuc-&HONORS. rfhe own~ers of tlhe lBrigantine called the B`uck;.sk.,in intend sending her on. a voyagice to old Fiance in the course of five or six weeks, with a vaclnalble Car o and wishing to renier e-very service in. their power to the State of North Carolina submnit the following proiposals to your Excellencey and 1-honors. Upon- the arrival of th e Brigantine to any Port in. Franice, where the Cargo cani be disposed of to advantage,, the owners will *order seven TIhoulsand five 1Hundred Dollars,, of the nlett proceeds of her Cargo to be laid STATE 1ECORDS. 3593 out to the best advantage, in such articles as your Excellency & Honors think proper to direct, on account of this state-which shall be delivered at New Bern at the small advance of Two hundred per Cent. fronr the prime cost in France-upon condition that your Excellency & Honors will ensure fifteen thousand Dollars, on said Brigant.ine & Cargo, all risk from the Harbor of New Bern to at and from France until she returns into the Harbor of New Bern again, at 25 per Cent. I am Gentlemen in behalf of Self & PartnersD. BARROW. LETTER FROM J. RUTLEDGE TO GOV. CASWELL. [From Executive Letter Book.] SIR: In consequen(ce of a recommendation from the Privy Council, thle hIonorable Mr. DIrayton, a menlmber of that board, waits on the Convention of North Carolina to solicit aid of Inen from that state for the defence of this. I doubt not that proper attention will be paid to his application., and hope it will meet with success. I ami, sir, Y'y very h'ble serv't, J. RUTLEDGE. Chas. Town, Nov. 6tt, 1776. iThe HTonml, The President of the Convention of No. Carolina. GOV. CASWELL FROM JAS. JAMIESON & CO. [From Executive Letter Book.] CIIRT,LES TOWN, (6th Jan'y, 1777. SIR, We take the liberty of advising your Excellency of our P. C. Poole's return here a few days ago, and that in consequence of the honor conferred on him by your state, in appointing him their agent, in Amsterdam,i we think it our duty to acquaint you of tle prices of such goods here as he informs us s ere much wanted with you at the time he left North Carolina, of which you have an account by post. Should your State still be in want of these articles and you find the prices here are such as may induce you 360 360 ~~~STATE RElCORIJ)S. to order any of them, to be sent from hience, wve would recoinmiend your dispatching vessels immediately to this with.i Flour, Ship-bread Tobacco, and salted Pork which will answer here, also Iron if to be procured with you, of all wlhich you have the pr'esenit prices by post. Salt is plenty withi us at this time-large qnuan~tities having arrived of late, but the lprices have fluctutated mnucli-this hias beenl the case with goods in general for some -m-ontis l ast-so thlat it is impossiblc to say Ihow long they may continue at the lpreseit rates. Our suppli( s li iave been large, and whifle tihe coast contuiu1eS c(lear of-thfe Ships of wa ur, we doubt not but our rrade will he equally extensive. As thie currency of other States will not circulate in this, we thlink it pro.-er to acquaint your Excellency tliat, in the event of your Ordering goods fromn here provided you cannot mneet with a su.fficient quantity of tonnage to ship in exchange in. suchl case, we would propose that your State remit us in Continental Currency or appoint us a credit on the Continental Treasury for the, balance, we melay ship, more than the airiount of whmat we may have received. We are hopeful that your State may hiave purclhased somie vessels in -New Enodiand for the purpose of exporting yotr Tob~acco to Surinam in consequ-ence of the plan mnentioned to thliem by M1,r. Le Poole, and which lie informed us thicy hiave approved of, in order tliat he mnay the sooner have it in Iiis power to make therma returns froin Amsterdam. We shtall. fronm time.to time advise your Excellency of' sucsh mcatters as we shall think condusive to the interest of' yonr State, and when, AMr. Le Poole wvill leave this in order to l1iocled for hI1olland, in the ncan time we ecg leave to acqluaint yonr Excelleny that, unliess the post is established on a better footing in future, than it is at pr'esenit, it will be inpossible for us to maintaini that regular intercourse with your State that is necessary, as the post which set off from North Carolina, previous to Mir. Le Poole's departure from thence is not yet arrived —there btini three mails no1w due,. This is a circumstance we have also t'iken the liberty of mnentioning to his Excellency the Governor of Virginia.a It will afford us pleasure to render the State of North. Carolina every service in our power hiere. In the inean. time, -we assure your Excellency thiat, we are with the utmost respect your mo. ob. hiumb'l surv't JAS. OJAAMIESON & CO. STATE RAECORDS.31 361 - P. 5. Should any french vessels, arrive in your State, the Captains of which -may not be inclined to receive the whole amount of their Carg'oes. in Tobacco, in sueh. case you. mnay eng'age to fill themn from' hencle, with Rtice, loadin'g suchi a quantity of Tobacco, in. such vessel~s for this as will. enalble us, to puirchase the Rice you may -orderi. His E"xcell-ency the P~reslident of North Carolina. FROM THE CONTINENTAL CONGRESS. LProniExecutive Letter B~ook.] I3ALTIA10RE~ Jan'y. 9th 1777",. 'GENTLEMAEN The enclosed resolves I1 am comniane(le by) Congress to transm~it, to you, and to reque-st your attenition to themn. F~romn their great iirior~aceto the Army, they wvill niaturcallv claimnyurbs ~enldeavors to carry tihem in1to execution, w-ithout. any p —articular reconmmlenda,(tion, or comiment. 1 heave only time to add, that I1 have tiie honor to be Y'our mnost olbed and very h'ble servt J 01-N HANCOCK, IPresidt. H-1oN'ILE, CoNVEINTmONT OF TIHE STATE oF, NowUT C.AnRm_._N2V. The necessity of filling up the Armny with th.e, utmost expedition has induced Couogress to direct me torequesst th~at you. will as soon -as possible informn them what su~cce-ss, the recru-iti-ng service has mnet wNith in your state towards raisingz the Trf(oops requ.Iired b)y a Rtesolve o(-f the 1.0t of Septembi'er, formally transmitted to you. I am therefore most earne-stly to entreat your comnpiamace, with this Resolve as speedily as possiblAe. I hiave the hionour to be Your niost. ohbed. serv't., JOT1INT 1AINCOCK, Pres't. (The Resolves albove alluded to recommended the appointment.of Con.OIrg. to purchase porkh and beet') LETTER FROM ROBT. HOWE TO GOV. CASWELL. [From Executive Letter Book.l CHIARLESTOW~N, [5 January, 17,77. DEAR SIR, I have jus~t heard of yonr being ap..pointed President of' the State 362 STATE RECORDS. of North Carolina, in which situation I wish you ha.lppy, and upon whilch I congratulate you. I received fromn the Council of Safety by the hands of Colonel Sumner, a Resollltion directing me to demand of the State of S. Carolina, the men which by order of General Lee were translated from the N. Carolina Continental Battalions to those of S. Carolina and Georgia. This Resolve bore date the 25t' October 1776, but never,got to my halnds till tlihs fourth of January, 1.777. I imlnmeldiately waited on the 'President, and laid the Resolution before hiin. HTe has promlised to call a Council upon the occasion, and seenms to think that this State will not be amgainst retp'urning the meii, provided it can )e (lone with propriety; but thalt many difficulties were to bo got over before it could b)e affected, tile extraordinary bounty given by tthe State, over and above tlhe Colntinental, no less than six poulnd(s, five shillings proelltim'l money per mlan, with other expenses entirely local, the discharge of thle men froin the N. Carolina Battalions lby order of General TLee before or since tleir enlistnient into the S. Carolina Corps, so that if discharged froom the se:rvice of this State, it will l:) optional il thetm whether they will enter into tIle service ag'ain or not, with many other objections which I hlave not tilme to repeat, and whilch it would be really difficult to get over. 1 persuade myself lto wever, that your State wiill rather let the men remlain where thley are, tllha repay to tllis State the extraordinary bounnty lmentioned above, -witllhout which, and tile payIlenlt of theother local expensees, yoll need not expec t a. return of the soldiers..1 shall however tralnismit you their determninations as soon as I. have them. Col. Sumner surprised mne by telling inc that lie heard many meimbers of the Council of Safety and Convention say that they had not heard from me upon this subject, and were concerned at it: as soon as ever I received the order I wrote to the Council and Convention, and enclosed a copy of it. I now send you a copy of my letter, to which I long since expected an1 answer, but not having been fi:vored with one, I concluded that nothing further was to be done in tlis matter. I have addressed this letter to you, and as I know no)t what 3Bofrd are established witl whonm I ought to correspond, I must take the liberty to trouble you to lay it before theml if necessary. I am DrI Sir, with great respect and esteem, Your Excellenc y's most obedient lhunmble serv't, ROBERT I-IOWE. STATE RECOR()RD S. 363 P. S. I shall transmit you the lames of the men enlisted, and to what officers the bounty money was returned when they were enlisted. His Excellency R'ichard Caswell. [FROM IMS. RECO1DS IN OFFICE OF SICRIETIARY OF STATE.] ESTIMATE, Jan'y 18th, 1777. Estimate of the Allowance to t he rmembers of the Council of State for their attendaTnce alt a Board held att New Bern r.1"' Jlan', 1777. AMEM3BERS' NAMES. O.- rz, Ferriages. dt c I E i &-1. Cornelius Harnett, Esqr., Presdt...................................... William H-aywood, Esqr............. Edward Starkey, Esqr................. 8 (, 6 9 1 9 9 9 17 7 15 9 13 10.8 4.1 Total. ~ 17. 10.8 7. 4.1 15.: 9. 19.10~ Joseph Luck, Esqr.,................................ James Glasgow, Secretary,........... 4.................... Read an d conc-nrred with in Counlcil B.y order COR.N'L. J. GLASGOW, Sec. of State. the.10th TJani., 1777. A11 AR-I.A.-NETT, I'resident. OATH OF ALLEGIANCE SIGNED BY MEMBERS OF COUNCIL OF STATE JANY. 1777. [Fromn MS. Records In Office of Secretary of State] I, A. B., do sincerely promise and swear that I will be faithful and bear true Allegiance to the State of North Carolina, and to the powers and authorities which may be established for thle Government thereof not inconsistent witht the Constitution, and that I will to the utmost of my power maintain and defend the same against all attempts whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or onght to have 3 61 - 364 ~~~STATE -RECO-RDS. any jurisdiction, power, superiority, preemlinence or autlhoritv, civil or ecclesiastical withini the same, and I do solemnly and sincerely declare that I do believe ini my conscience that neither George the Third king of G-reat 1:3ritain nor the Parliament thereof jointly with the sai~d king,, or separately, have any right or Title to the D0.iTominion or Sovereignity over this State, or to any part o the overment thereof and I do renounce, re-fuse and abjure any allegiance or obedience to themi or either of theimt or to any person or p~ersonls putA in Akuthority by or u.nder him or them~, andl I do swear that I. will. to the utmo-st of- imy power defend the said State against allTatru Conspiracies anid attempts whatsoever that shall lbe rna-le against the, same and I will do myv utml~ost endeavour to discllose and make known to the Legislature or Executive powers of the said State, all treasons aFnd traiterous Conspiracies, whichi I shall know to be carried on or intended against the sa-id State, and I (10 fa ithfully prms Ith utm~ost of' my powver to suppiort, mnaintain and defend the Independence of this State against him the said George, and all other persons, whatsoever, and all. these things I do plainly and sincerely acknowledge <and swear according to thiese, expres.s words by mne spoken and accordingo to the pla —in. andl common sense and understanding of the samne words -without any Equiocaion MentlEa sion or secret ReservationI whatsoever. And I do make this acknowle genent aburation and renunTciation and lprolllise, hieartily, willingly and truly, upon. the true faith of' a Chrl.istian. So help mne GJod. New Blern 16th, J.anumary -1777. IKinston 5th, August 1777 W. II AiYWOOD, It. JASwVELL~. EwD. STuARKEv, Co~N'L IfARNETT. New i~ern JOSEPHi Li-EECH. 19 DemIr. 17,77. E"IDWARD STARKEY. Ti-os. CRAIKE, J. GLASGOW. 1777, -5 Febry. J. G-. IBLUNT. C.IIA'S,. FoRiBES. MARTIN FERRaY. ~W. HAYWOOD. Tiuos. EATON. J.AMEs COOmR. STATE RECOIRDS. 36 3 6 O" New B3erne the i1tl day of' Jnuie 1-777. It. CASWELL. \\rIL'm. GRAY. JOSEPI-f LEEXCH. THoS. BONNER. WILLIAM TAYLOR. J1. GLASGOW. September 2(, 1777. Tnos. EATON. April 6th, 1784. ABIAHIAM WA.T1IAN..M.IANN JZlHIfLIPTIS. GOV. CASWELL FROM A.RCH. BULLOCK. [Froin Executive Letter Book.] SAVANNAH 13t" Jan'y 1777. I reed. your favor of the 30"t November last respecting the Sloop Polly, whereof Alexander vMcAuslen was late mnaster. Trie Sloop was libelled in the Court of Admiralty, and has been. condemned, not from any sUggoestions of the Owners, being inimical to the American Cause but from its appearing the M-Icaster was carrying on that commercial intercourse with our Enemnies-which is repugnant to the Resolves of the Continental Congress as well as, our Co-nvention. Every attention will always be paid here to the property of any of the friends of the United States and you miay depend, that every thing has been done in this affair, as far as is consistent with those regulations, that have been. adopted for the Government. of the Continental. I am with respect Sir, your mo. ob. hunibl. Seryv't ARCH. BULLOCK. 366 STATE RECORDS. GOV. CASWEL FROM SAML. JOHNSTON. [From Executive Letter Book.] IAY-ES 16th January 1777. DEAr SIn, I have had the pleasure of receiving yours from New Bern, enclosing the ordinance for supplying tile Treasury with Cash. You will easily guess, tlat I have it not in my power either to sell Bills on the Continental Treasury, or borrow rmoney, and there is nothing comes in on the sinking 'fnd, so that the Treasury will very soon stop paynient, unless you should think proper to exercise the power given you, of giving orders to procure money from tle Treasury of the United States. The King Tawney is here returned from an unsuccessful Cruize and is ordered up to Edenton to receive some small repairs, some think it might be proper to load her and send 1her out for salt, the Commissioners would be glad to receive your commands in regard to her. Mr. Robt. Hardy at Edenton lhas produced a quantity of shoes, some where about 300 pairs for the army and is ready to deliver them to any proper order. I amn very sorry to hear that business is like to be so much retarded by the absetnce of thle Council. I have not seen the acts for appointing them, but suppose they lodged a power for filling up) vacancies some where. I. have this nmoment received the agreeable news that GenIl. Vashington ]las surprised the Enemy at Trenton and taken upwards of nine hundred prisoners with all their Baggage and Artillery. They were mostly Gerlmansi but 'tis needless to be particular, as you will certainly have advice of this important stroke by express before this reaches you. This great success will have a most happy effect, as it will not only give the Troops the highest confidence in the great abilities of their General but will show them that the Europeans are not invincible. It will likewise damp the spirits of the Tories, who began to plume themselves on the success of the Enemy. If we have but Virtue and perseverance we may still be free-it will be of the greatest importance that our Troops should be ready for an early Campaign. I ain still inclined to think that the success of the next will depend STATE EICORDS. 367 greatly on the spirited exertions of the States South of New York. I am very sorry to hear of poor Bright's death, his family is fortunate in having you for their friend. I am very happy to hear of your return of health-and am with the greatest respect and esteem Dr. Sir, your mo. ob. hlumbil Serv't SAM..TL. JOHN STO 0'. GOV. CASWELL FROM JAS. MOORE. [From Executive Letter Book.] CHARLESTOWN Jalny 22"'1 17'77 SI, A parlt of the North Carolina Brigae arrived here the 14t' Inst. and is now encamped at HIadrell's p-oint, about five miles from tllis Town, where for want of I3Barracks thle men are much exposed, in consequ(ence of which many of them are sick, and rendered unfit for duty, with colds and perepneunmonies. What still increases their hardslhips is thle want of Blankets, onle-hallf of them not having blankets to cover them. I should therefore imagine it would greatly benefit the service, if the men were provided with that article, thlere now being now anl opportunity for that purpose. A sufficient numbier rmay be purchlased in this Towi. Should tlis opportrunity be omlitted, perhaps anotiher may not offer again. I Vwollld therefore earnestly recomm.end to you and the Council of the State, to direct the Treasurer of the Southern District of your State, to advance fifteen l:hundred dollars, to be lodged in the hands of some )person here, and applied to the purpose above mentioned I all, Sir with respect your humb'l Servt. JA. MOORE P. S. Capt. Jones, who commanded a Troop of i-Iorse resigned thle 25' of ()Oct. last, since which time Mr. Medici has acted as Capt. I would therefore recommend that a Commnission should be made out for him. J. M. G(ov. CAxswxLL 368 STATE R-ECORDS. G(OV. CASWELL FROM THOS. BURKE. [From Executive Letter Book.] H-ANov<ER COURT HOUSEF, J'any 27t' 1777. SIK, The agreeablle intelligence that General 'Washington has gained several advantages over the Enemy will doubtless reach you long before you will receive this. Thle amount of what I have learned is that thirteen thoulsa nd of thle Enemy under Cornwallis imarched from Princeton to Trelnton with design to -force a passage over the Delaware at Trenton they were opposed by Washington, and the advance parties of both Armines were all day engaged, they eacli retired under cover of the night, and Washington practiced the same expedient to deceive the Enemy, which you Sir, did at Moores Creek Bridge, and while his fires were burning he de — camped, passed the Enemy, and surprised three Battalions of Hessians which were in the rear-those he entirely routed taking a great many of them, and all their field Pieces and baggage-hel then marched directly to Princeton, and after an obstinate engagement, defeated a strong party of the Enemy who was posted there. Our killed are said not to exceed forty, and I know not the Innmber of wounded. Several Gallant officers fell, and Gen'l Al.ercer was desperately wounded. Tihe design of this letter is to give you notice that a certain Martin Ferres, and-Stanly who say they are Citizens of your state, are now on their way thither. Ferres caine out of England with the Fleet, and was their Pilot into York., he has been a considerable time amongst the Enemy-and may probably be worth examining-he was last night a good deal intoxicated alnd therefore I suppose communicative, lie hinted that lie was some times consulted by Lord Howe, on the practibility of some Expeditions, which were laid aside by reason of the advanced season —he als'o dropped some pretty clear hints that a communication is carried on between most of the States and New York-that Gold and Silver are sent thither to purchase Continental money,. which is there at '20 pound per hundred. Several thousands he says. were lately purchased by some Citizens of yourState. I endeavored to find out thle names, but lie refused to tell them, and I did not think proper to tuse any Coersive means, lest the Gentlemen of this. STATE REC()ORD.l'S. 369 State should deem me plresuminig on tlheir authority. I resolved however to vwrite to your iExcellency on thle natter, not doIubti.iig that youlr diligence, Sagacity andl prudlen.ce will be succel, ssfll exerted to discover the agents and11 to suppress t]lis pernic:iols tirafi.c A-herebt a, Sluice is opened to drain. us of all tlha. t Specie, whichl rmight 1)roclIre us warlike necessaries, an.d which. is (lirected to tlhe a,(lvantager of our Enlemies, a.i(n which al.so serves to depreciate (or moneiv —'tewcre needless Sir, to say mIore to you on this matter. I thought it my duty to give youi this instruction, and( I knlow Syo will adliit it it s an excuse for troubling you with. this letter. i beg leave to ofiler my sinTcere w\ishes for the happiness alnd pros)perity of thie State over wv.li(c:l. you presi.d, lan(d th.at, your aldmil istration may be hi)pp)y and glorious to you-let lme: also a(d my rvxwarniest wisles for your hea lth and private f:lic(ity —I. hlave the honior to be wVithl (diec resp)ect and(1 llinfteigned esteem your Excellen(ry 's mio. ol). hIumible Servant TH()S. BlUKE...., LETTER FRO)M THOS. HART TO GOV, CASWELL. [From Executive Letter Book.] 1-A RTFO RD Jany. 2 8th 1 777. To (-ov. ASWrsELEL, AAY IT PLTEAS:E Y ouiR EXCELLENCCY, SIn, The Congress of this State having favoured mie with the appl)ointmnent of Conlnmissary for the 6ti. Regimnenlt, and 4inding (after trial. made) that it wvill be very inconvenient for inc to provide lo(igoer for the said Regim't, hope you will be good enlougl to receive mny resiognation in ftavor of Mr. Peter Mallett on his giving such security as your Excellency shall tlhink proper for the perforiing' of tile said service &c. I am, r) Sir, Your Excellency's obe'd, serv't, TH )S. HART. 24 370 870 ~~STATE R~ECORDS. [FROM MS. RECORDS IN OFFICE, OF SE-CRETARY OF STATE.] A copy. In Committee of'Salisbury. Jari'y 28. 1777. TIllese are to certif~y thart lDuncan Nicol, Hugh Fraser, Alex. Chisholin, Angs. Cameron, Ejach. MacDonald, HiIector AMcQlarrie, Walter Cunningham, Duncan' MacT~oiigatli, Alen. M01onraid, iDavid Don-aldsoin, Jas. Fraser, N'ie civMacIN icol-iprisomers of' war fi'o ir thle nehnglhloruing State of' South Carolinal ha-ve b~een onl Parole in this town. and within ten miles Y. of for ulpwards of ten wveeks-duringb which time they hav bhvdthens-elves agre-,eable to their P~arole, and that they are now removed to Halifax by order of the coinmanding' o~fhcer of the iDistrict, in order to b-e -forwarded to the nortliward agreeable to order- of Cong-ress (Signed) DUNCAN M?1(NICOL, Capt. HUGH FIRASEE, Lient. R. H. E. ALEX MPDONALD, 4A.TAMES FIRASERZ, DAyVII DONALDSON', MIEL MATCM'NCOL, ALEX C1lISH1OEM.,N11 rvts ANGUS CAMERON, r~rvts LACH, Ma"cDONALD, 1-ECTOR M'QUJAPRlE. 'WALTER CUNNINGHAMN1,I DU.N. MC"DOUGALL, Ensign., N. 13. The Parole of the prisoners of war above menrit" was sent to the Congress at Halifax, at their last sitting. Timey are -now -sent Under the direction of Capt. M~artini Fifer-Certified by orders,of Committee at Salisbury thlis 28 Jan'y, 1777. (Signed) MAX CHAVMBERS, Chii. Corn. LETTER FROM R. HOWE TO GiOV. CASWELL. [From Executive Letter B~ook-] Charl~eston 31st Jan'y. 1777. DEAR SIR: IUpon the resig'ration of Mr. Jones of tlbe Light Horse I appointed Mr. Medici to the, rank of Captain till th-I pleasure of the Coinven-,.A STATE RECORDS. 371 tion of your State was known. I think it but justice to him to add that he h as shown himself thro' the whole of his conduct here in such a iranner as to merit imy applrobation and to obtain the respect of the officers whenever he has served. I therefore ope lie twill have his appointment con-firmed, and take the liberty to solieit your interest inl h1is behalf, annd am, Dear Sir, Your Excellency's Most ob. humi. serv't, R. I-()WE. Hlis Excellency Richard Caswell Esq. President of the State of 1Northl Carolina. D)EAhi STR: Capt. Medici having informed me, since I sealed my letter, tlat some malicious persons had endeavored to asperse him in North Carolina, please give him a copy of my letter to you if he desires it. I am, Sir, your Excellency's most ob. serv't, R. -HOWE. 31.t Jan. 1777. JOHN HANCOCK TO THE CONVENTION OF THE STATE OF N. C. [From Executive Letter Book.] (Circular.) BAJLTIMORE Jan'y 31st 1777. GENTLEMEN: As there is not a more distinguished event in the history of America, than the Declaration of her Independence,-nor any, that in all probability, will so much excite the attention of future ages, it is highly proper, that the memory of that transaction together with the causes that gave rise to it should be preserved in the most careful manner that can be devised. I am therefore commanded by Congress to transmit you the enclosed copy of the Act of Independence, with the list of thle several Members of Congress subscribed thereto;-and to request that you will cause the same to be put upon Record, that it may henceforth form a part of the Archives of your State, and remain a lasting testimony of your approbation of that necessary and important measure. I have the honour to be, gentlemen, Your most obe'd. and very h'ble. scrv't., JOHN HANCOCK, Presid't. HIon'ble Convention of the State of North Carolina. 372 372 ~~STATE RECORDS. QOY. CASW ELL FROM GRIFFITH RUTHERFORD. [From Executive Letter.Book:.] IFeiruary Pst 177-7. The-se are to acquainit you of the unhappIy sitnation. of the Fronltiers of this State. You will receive by the bearer, Robert Lynn, a letter I received by Exprfess, from Col. Carter of Washington. District, giving an account of a family killed on IoiStonI 'River) Withill two m7iles of the L-ong Island. I1 have recei-edl the deposition of R',obert iDre'w a tradtoer who on his oath, says the~ Indians, are determnjedi for war. Hle says the Cherok~ees have, received a letter from Cameron that the Creeks, Chickasiw ad Choctaws are, to ji agttinsst Geor'ia,c Southi Carolina, North Caroliin a an (. Vi rg~inia. Also tha~t C yt. Stuart is gYone np the Mlississippi. five weeks- before the tiune thait iDrews got that account, fromr the Ind ans, w-itht goods and amniunit~ion, to the nlorthw~ard niation, to cause themn to f -allI on these paiuts. Tihe Peopie to the Frontiers, is applying to mi-e for aid to guard the fr-ontier s. I know not that I am authorized to do anyvtlhino of ti at k-ind, without your Excellency's approba,-tion, be so kind to givye mne full instructions byr the bearer. The Toriess doubtless is, ernbodying the~mselves in Suriiry County, yesterday. I rec(I. a letter from- Col. A rnrstrong, of th~at County, that they had taken two Guns, from his mneni in his neighborhood, Sir you'l please to give somne instructions eonlcern~in~f them. i-.mml~UnitiOn is very scar(111ce inl these parts. I hope you will order ca su~pply. I am- Sir, your Excellency's, irno. humbi. serv't GRIFFITH RUTHERFORD. LETTER FROM FRANCIS BRICE TO GOV. CASWELL. [From 'Executive Letter Book.] WI AIINGTOx Febru ary 3rt, 1777 When I wa~s at Congriess at Halifax I settled some accounts of at very considerable amount against this State, for my friend Capt Forster aud inyself; there was a balance due him of two,1hundred an Aeet-i~ i n andSe~~it-eght pound](s, sixteenl shillings, ad o. penny, and to iw.e six hundnred and seventy-four pounds, one shillingr, and one STATE IECOI1DS. 373 penny, Certificates for which sums I have since received fiom the Secretary of Congress, and have had them presented to John Ashe, Es(q as Treasurer for this Departiment, soliciting drafts on tlle Continental Treasury, but Mr. Ashe declined drawing as it was not specified in the Certificates that the money was for the use of the Army; this I take to be a frivolous excuse, (or rather no excuse at all.) as it is well known what I am in advance for was for stores for the Army, and a considerable part in that necessary article, bread; what Mr. Forster advanced was ifor erecting' Batteries &c. by order of Council.,-B-esides those sums Mr. Forster has a Certificate on the Treasury for one hundred pounds, drawn in favor of Sami Ashe Esqr so long ago as December 1775, and says to:be appropriated towards erecting Fortifications on Cape Fear, which draft was endorsed to Mr. Forster and he let it renain as lie liad other sums to receive from the public. I flatter myself your Excellency will take these circumstances into c-onisideration, and point out some way by which we may get our money as it is undoubtedly a great hacrdship on us to.lay out of suchl considerable sums, when we have it so much in our power to turn money to advantage. Your Excellency will be pleased to excuse my giving you this trouble, as I know of no person I can apply to with such a certainty of assistance. 'Your Excellency's most o)e'(l and obliged humble servant, FR:AN CIS I31RICE. To H1is Excellency Richard Caswell. LETTER FROM THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.] 3BALrTIMRE Feb'y 4th 1777. SIR: I wrote you on my way hither firom Hanover Court HIouse in Virginia, suggesting to you my apprehiension relative to one Ferns, who appeared to me suspicious. I shall now, as near as I can recollect, recapitulate the matters which dropt from him, (when iie had so far indulged in drinking as to be off his guard), lest tie letter I wrote should have miscarried. HIe was pilot to the fleet under Lord Howe, and brought them into -Iudson River, was consulted by the Admiral concerning cer 374 3,74 ~~STATE PZECORDS. taiii expeditio-r's which hie, had in contemplation which Ferns (leclared to be unadvisabie lbeeause of thie late season. A comimurincation was carried on lbetweenl the Tories in. every State and — NeT(w 'York and a traffic of gold and silver -for Continiental monley. MNr. Cornell aided the adVentu~rers inI this traffic. Two from __NTorth Car h~ad' lately dealt to a consideralble a-mount, and I fancy residle, inl or near' New B3rn. I intenl'd hereafter to troubl-e you w-Nith a letter every, post, anld sha]l give m-yi sentiments of tihe (hfferent po1litical pr~inciples w'hich. IFsh'all perceeive to actuate the several States,, the mleasuires initen~ded t~o ibe p-ursued, the, intellig(rece we receive andl the imiportant (lecisions, hn Congr'ess. Ifn osdrbejaosyi netie fteNrh erri St~ates, 1 knlow no0t how, justl.y, at presenit I must refer von. to AMr. I o op1.er wvho is mnuch l)etter qualifled to give youi satisfactiont onI all these Inatters than 1(Ilam. ()nr situiation here, is unsettled, uncomfortable, an~ Ii nrerlil~ly ex peniisve. These ciruisacswill. Idoub~t not occasion. arnotlber adj' ornen t of C~ou gress. AMr. Hooper takes with lbun all the nelwsl<apers, and some cpe of the King's speech you wvill doubtAless' see theml, and I needi not suggest any reflections. They will. readily occur to you, and you Will foresee greater evenits thaln have yet distiugn-iishied ouirstruggle. s. The calamrities of mnankind are not speedily to be interinittedl, andl war and fury will rage in several quarters of the glob~e. I hope, however, t'he coritest will not be very in1jurious to Aimerict.. I have the honor to be, Sir, with (due resp~ect arid sincere esteem, YoXLr very ob~e'd. s-erv't, His Excellency G4ov. Caswvell. LETTER FROM THOS. I3URKE TO GOV. CASAWELL. I From Executive Letter B~ook.l Feb' 5th This day it was resolved in Congress that Col. Nashi sbonild be appointed a Brigadier General, that hie should proceed to the Western part of the State, and expedite as mu~ch as possible the recruitinge service, and tha~t'the several 13attalions of Continental Tiroops in. North and Sou~th Carolina should join General 'Washington as soon. as may be after the fifteenth of Mlarch. It was prolposed to request your assistance in forwardingr the rec'uitin g business, STrATE RECORDS.35 375 but we observed that you were already sensible of the necessity of such an exertion 'of your interest and influence, and bein g so well inlclinedl to serve to your utmost power the cause of Amnerica, there is no need to remind you of it. I know, Sir, you Will om-fit nothing in your powver to assist so necessary service, and. I hope tlhrouigh your efforts the North Carolina Battalions wviii comle into the field as complete as those ot any state. The Conigress heave also resolved that lve hundred thou szand dolla(rs be advanced to ouir State when. your warrant shall be produe, geeable to th e ordinance, and wvhen. such warrai t ar rivyes, I.O sal I use every diligence for expe(liting thie remittance. Iain 6i, TIIOS BUR-1K E. LETTER FROM GOV. CASWELL TO GEN. JAS. MOORE. [From Executive Letter B~ook.i N. CAROIANA, NEW IBERN (6t Feb. 1.77-7. D EA I S'. I have the honour to enclose hlerewvith an extract froln the Resol ves ot Congfres toogether With a R1esol ve of the Counceil. of State, Cand inl pursuance of the latt-'er I[ am to request thirt you will. immi~ediattely order three compllete iRegiments (nthe New Establishmnent) of the Troos unrder your command to march withotit (lelay and join General 'Washington.-As none of the Regoiments are full, give mne leave to recommend, as the opinion ot the Council, as well as miy owvn, that a sufficient numlber from the whole who are enlisted on the INew Establishmnent b~e d(rawn to.- complete the three IRegimerits, and if the officers can niot agreed who shall go on. that. service they mayr be appointed by lot. But, this, siIh op you wi.' not consider as aI direction to youi, lbut only as ouir opinion, If a better methiod clan be fallen upon, you 110 doubt adopt it. And now sir give mne leave to request the f avour of you to permit my sonl (Capt. Casweli of the 5th Regiment) to go in this service, if it is his wish,~ and n~ot minconsistant with the plian youI shiall. think lE)roper' to adopt. I congratulate you 'on the successes of the brave and worthy General Washington, the accounts of which in the public papers 3-76 376 ~~STATE RECORDS. are chiefly to be relied onl. We have somie oflier mnore favorable but wait their conifirmation. I am with gre at respect and esteem, Dear Sir, Yonr most obe'd serv't, RI. CASWELL. The Hlon'ble- James Mfoore Esq. 'Brigadier General in the Continental Service. S. Carolina. GOV. CASWELL FRZOM JAS. MOORE. LFromn Executive Letter B~ook.] C HARLESTOwN Feby 8Sth 1,7 77 SIR, ColP. Lillington of the 6th Regunlar' Regiment of -North'Caro.iina, having, resigned his Commission on thie 31' day of Decem~ber last; and Lient Col(. Taylor onl the 2`1 Inst. I have thoughlt it necessary to informn yon, that Maifjor Lamb and Capt. Little of the saile Blattalioii are th~e next in Seniority, and that as they are at present ouit of the State of North Carolina, and may be ordered to do duty with the Troops of this State, they xviil rank only by time Colmmissions they now have; for which reason I would be glad their Cominiissions inayr 1)e filled up- as soon as possil]le & senit to them. I am Sir, your humibl. 5cr v't JA. MOORE LETTE~R FROM TIIOS. BURKE TO GO0V. CAS WELL. Fromn Executive Letter Book.l BALTIMO0RE Feb'v. 10c"* 1777. Sip,: mny last to you. was by 'Mr. IHooper, and I suppose you have received it lon~g before this. I then annITounIced lymy intention of troubling youi every p)ost, and I now sit down in order to perform, hin some pa't, mly promise. Of the ipolitical PrinTciPle0 Of thme respective States I ain not yet able to sipeak- very clearly, for they are kept as mu~ich as possible ont Of view. I conjectuire, however, that call. are under some apprehenls"oions of com..binlation. in the, Eastern States to derive to themselves every possible ada.ag from the present war, at the STATE R~ECORDS. 3T 377 cexpense of the rest. I am~ no.t vet satisfied thatt there is any comblinationl amonogst them. I rather think that they only comibine when they have one comrmon interest, which is seldomi the c~ase, and I am sure this is not 1pecuhliar to them. Onl,some late (fuiestiolls I Olbserved terdved; onie was relative to the interest to be paid 01) loans-, anotlber relative to the rneeting~ of -several States. I[n the sequel of' this letter I maean to gixve you an abstract of' the debates onl these quHestions, and therefore sIliall siy no mnore of' themn here. But, sir, I amn more concerned to find thait 1Pernnsivvaniia, Maryl)-and, Jersey and somve others are exceedingly jealouis of' the states whose bounds to the westward are v et unaseertined, an I am muh -inistaken if they do niot uponl aCll occasions endeavour to fix very extensive power in a inere tmajority of Con o'rcss- in order to g'et resolutioniS Unfavorable to the claims of, suich s-tates entered iiito. rTo lbe miore expl'iclit, I~ believe they will endeavour by ere to mnake the authority Of Congress Toely extensive, anld wheni it shiall. be fully establishied and acknowiCied e(l, to ma1fke 'such0 ai party inl it as will. pass resolves injurious to the righlts of those states wxlho claim to the Sou-th Seas. You~ will, see by somye m1-atters ill the absmtra ct of' deb ate whiich I shall subjoin -that this conjecture is niot (1uiite void of' foundation. I amn clearly,of opinion at all events that those, states who, like ou-rs, have Such claims sh~ould be expl1icit in declaring they wvill give no power to their Delegates to bind themn inl any thing' that regardls their B)o u nd s. I aml niot yet ab~le to be partieultar with i'espect to the mneasure's intendled to lbe pursued. We are endeavour-inog to for-'xvard, by every expedient, the recruiiting service, and also the puttn Our.Frigates to sea. Our g~reatest diffliculty is in su.-)pliylrg the Treasury. This requires the nicest management. If wve go on *ei1uitting mloney the quantity in circulation so enmhances- the pr-ices -of things that we shall only mnake money without being -able to gret for it mnore comninodities, 'and it will, of course, destroy its own pur-,pose. The Loan Office is at length considered as little better than,new emissions, and a Tax seems the only adeq-.uate expedient. TerIlee is a plani under consideration for this piirpose; when it shall lbe determined I will be more exiplicit. You will receive- fromn the President a copy of somne tranisa ctions in the New Englanid GTov'ernMen~tS together with the Eilesolutions, of' Congress relative thrt.You will p)erceiv~e that the intention of sending theyn 378 STATE RECORDS. to the different states is to suggest to them to fall on methods something similar if they see it proper and necessary. The' no States are more in need of such regulations than where the armies march through, yet they opposed( it, under the pretence that regulating prices would be impracticable; but a majority of Congress were of opinion that it might, be rendered so far effectual as to prevent engrossers & forestallers, and speculators, who pulrclased in hopes of a rising pric, and thereby rendered necessary articles very scarce and difficeult to be obtained. 'For lmy thoughts on the sn.ubject, I will refer yon to the abstract of delbates, that is so far as regartds our own State. I indleed h.ave lo ogreat opinioln of an attemnl.)t to regulate prices in a country where the holders are under no necessity of selling;.but knowing our ovwn State wa-is not mnuch interested iln this busin.ess I voted for it, in orler to ldamp the practice of spec(:la.tive iionropoly xwhi.cll prevails in all the Northern States. You will. see i.l the al)stlrac t my reasons for not app.rovinlg it in ours. I really feel mysel f nmuch displeased at the disregard Virginia showed to our interest in the imatter, and I believe, were I a neml)er of your Assemblvy I should move that she might l)e desired to avow or disavow the conduct of her Dlelegates in Congriess. -Bu.t tllis I need not urge to you who are so good a j udge of ler interest, so jealous of her lionour, and so carefull to maintainll her righrts. \We have just rec(:eived some very agreeable intelligencll(e from the larmy,:but I expect it ill. be ill the paper lefore I canl close thlis letter. If not I will proclure tjabstracts and enlclose them to you. There are some Tory distllrbanlces on the Eastern shore of tilis State, and the Civil Power do not seem to proceed with sufficient vigolir against them. There somne0 Troops however sent against them, alnd I sup1pose Ily nlext will contain somtethling final relative to them, I take abstlra.cts of all the imlportant deb)ates in Congress, principaly with a view of transmitting to you. 1 thinlk it right that my country should know how oI give her voice, and upon whlat principles I determrine for her. If I am right her approbation will not only determline me, but others also, to proceed with firmness. If I aml mlistaken she, only, can correct me, and by correcting mne inform others more fully of their duty. I doubt not the candor of my countrymen, they will believe I act for them to the best of my judgment, and when that judgment errs I am desirous it should be STATE RECORDS. 379 better instructed by them, or if they find it defective, and unfit for tleir service, 'tis surely riglt they should have an opportunity of substituting a better in so important a trust. The inltelligence ab)ove mentioned is in the paper; it is that under the Philadelphia head, February the:15th, but I aml sorry to tell you it is contradicted by later accounts. We have received authentic intelligence from Londonl that Chesapeake Bay is next camlpaign to be the seat of war, Iand the enemy mean to land first on the Eastern Slore. The Tories in Somerset and( Worcester are broken, and the persons whlo chiefly excited them are taken prisonlers. The Congress have resolvedl to adjo'itrn on Tuesdlay froin this town to Philadelpllia. to sit there on tlhe Tuesday following. I hIave the honour to be yout Excellency's most obe'd. serv't. TIIOS. BURK lE. His tExcelleney Gov. aswell. [.FROM MS. REiCOIRDS IN (.OFFICE OF SECRETA:R['Y OF SlTATE. | Estimate of the Allowance of the M:emibers of the Council of State at a Board held at New Bern 12t'h Feby, 1777. MEMBERS' [ NTAT.ExS. Cornelius Harnett, Esqr................ William Haywood,............................... Edward Starkey,................................ c: 8 10 61 9 (j 10 Ei Ferriagres. 18 1i0.8 15 6.8 16 1.4 10 I................... 19 2.8 14 I................... '2 18.10.8 15. 6.8 16. 1.4 10. 19. 2.8 28. Joseph Leech,................................................... Thomas Eaton,................-................... 10 I 'James Glasgow, See......................... 4 James Azents,.................................... 10 10 10 1 i J!. ---... ---.. i —........ -.............~ - Iead and Concurred with in the Council of State the -12t" of February 1777. B-y orde. C()RN'L. HARNETT, Presd't. J. GLASGOW, Sec. of the State. 380 8 STATE RECORDS. An Estimate of the allowance of the AMembl)ers of the Council of State held at NTew r Iern 6th MIrcl, 1777. Corn'l. Harnett, Esquire,................. 8 6 14 10-8 14.10.8 W illiam Haywood,................................ 6 6 12 6-8 12. 6.8 Edward Starkey,..............................2 1-4 12..4 Joseph. Leechi............................... 6 6 Joseph Leech,............................................................. Jam es Glas-g ow, See.,.......................... 4 4 i 8.................... 12. Read and concurred with in Council Mtfarch 1777. of State held 12t' day of CORN'L. IHARNETT, Presd't. By Order J. GiscG;ow, Sec. of the State. Estimate of the Allowance to the April 1777...... _................................................... _....... Memblers at a B-oard leld 7th MEMBERS' NAMES. Cornelius Harnett, Esq.,........ William HayNrwood,.............................. Edward Starkey,............................... Joseph Leech,................................. James Glasgow, See.............. 8 6 6 4 19 19............ 19 19 19 1 19 Ferriages. 27 10-8 25 6-8 25 1-4 19................. 23,.................. ~ 27.10.8! — 25. G.8 25. 1.4 I__ __O____ 25. 1.4 19. 34.10. RPead and concurred with the Council April 1777. of State the 19th day of ABSTRACT OF DEBATES IN CONGRESS. [From Executive Letter Book.] Feb. 12th to, 19t' 1777. Several days of this week were consumed in debates on the appointment of General Officers. The debates were perplexed, inconclusive and irksome. The Delegates of several States were STATE RECORDS.38 3SI. desirous of fixing a rule ot promnotion, and several were offered Cand rj ecet ed. Mfaryland, Virginia., and.1R North Carolin a d esi red tha t eachl State should reclomm-nend officers in p)roportion.' to the mt~en they furnish:thiree Battalions, one iBrigadlicr_, nine, one, Majl.,or General. This was rejete. t wasthnliosdoprme General Officers as they stood in rank, an-il rejected. To all the, rules a -saving was added, that the Congress migh-lt (leviate from111 anyV in1 favour of merit emiijnently (listinguished and generoally acknowledgoed. iTjorth Carolina argued that some, rule should l)e observed, and.( entered on the Journai~s.-That the Congress wo..uld be an obl 0ject of very jealous apprehension, uincheck-ed aid( ~unbnnlted as it is, if the offcer oftheary held their hionor at the prec(i~splaueo a in-jority Officers hold their hionor th~e most dear of' an~ythinlo Setting theml aside when they were entitled to pioinotioin would wounid that honor very so relyv. Their attention. would therefore be entirely to that authority which liad so mnuch powN.er to wounid it, o-r to chierish it. This policy was always olbserved b)y nomonarchs, and~ the (mci was to keep the ariny dependent on themi l ut Such policy was un11becomning ini Cjon-gress, who ought to g'ive no rooin for "I~~~~~~~~~~~ jealousy. The rule of suc-cession is most familiar to officers', anid there-fore most agrreeable to them- b 1ut the ipmoportiomi would gi ve greitte-st,satisfaction to the States, and the satisfying thiemr was of' gre atest imnlortance and ought to be adopted. A~t length it wes proposed to resolve, thiat regard be ha d to the rank, to the quota, and to merit. It was agreed to, but n ) notice was takeni of it in the nomination or ap-jpofi~nten-ts. N. Camrolimna (lidl not xvote for Mmf~jor Generals;..because the delegate founid no rule was observed, and lie knew nothing of the mierit of any ofhicers in nomination, and did not choose to give a vote in Cong'ress for which lie cotild give -no r~a~son. Feb'y. 20th, A Committee on a letter froiu General Howe -to, General Washington reported, that five Hessian Field Officers, anid a C/ol. Camipbell should be confined in order for retaliation-, amid that they should have copies of time resolutions, and letters relative to this matter, in order to manifest the reluctance of Congress t~o this severity; which became necessary, b~einmg the onl1y inens herbythey could teach their enemies to rgr h Law of Nations and.the rights of humanity. Some severe epithets 382 STATE RECORDS. were prefixed to enemies in the report, and they were objected to as unbecoming the dignity of Colngress. A debate ensued in which some Gentlemen pointed out the impropriety of a bold figurative style in public Instruments, and the beauty and propriety of simplicity. I-. H. Lee, of Virginia (as usual) insisted strongly on retaini.ng the epithets, because they expressed only what our enemies really are, and urged that the best writers always used suhll terms on the like occassions. TrlIte Delegate from North Carolina observed that simnplicity of style was true beauty, and dignity, in the language of public bodies. Embellishments of splendid epithets alnd figures, if proper at all, were only for rhetoricians and such as write for amusement. He wished our energy might appear in our actions, and that our language might be sinmple and unadorned. He adinired the peasants of Switzerland, who, in their struggles for freedom, were as remarkable for modesty in their language as for vigor in their exertions. He wished the Congress to imitate them in both. The exceptional passages were expunged. The debate now turned oil the question whether the Law of Nations was proper to be mentioned. Some Gentlemen argued that it was improper to apply it to the proceedings against General Lee, because they proposed trying him by the laws of his country; but others insisted that they had no power to try him, more than any other prisoner, by those laws. Many distinctions were attempted, which I did not understand. At length the N. Carolina Delegate declared, he thtought all laws ought to be laid aside, but what both parties were equally subject to: these were only the laws of Nature and Nations. The municipal laws of all countries at war were silent with respect to the mere transactions, that related to or were the conseqvene of war. It was the proper policy of Britain still to regard the Americans as snbjects, and to insist on the execution of the municipal laws: but it was tile proper policy of America to maintain that the American States stand in no other relation to Britain, than as an independent Empire at war with her; and therefore, that the Law of Nations alone ought to be observed between them. Ietaliation is the only instrument whereby nations can compel the observance of that law, and America ought therefore firmly to retaliate when the Law of Nations was violated.-" The Law of Nations" was inserted. Feb'y. 21st. A Letter fiomn General Lee, requesting a Coinnittee of Congress to be sent to New York, to whomr he might, STATE RECOlRDS. 383 with permission of Lord and General Howe, impart something of great consequence to himself, and of no less, in his opinion to the public. His letter was in very pressing terms. It was the general sense of Congress that no conference ought to be lteld wiithl any but Emblassadors properly authorized b}y the Coulrt of Britai.n to treat of peace; that Lord and General IIowe couldl have no powers on suchI a sulject by virtue of tleir commnission, w.hich was p)articularly limited by Parlilament to other purposes: that any conferen(ce with them would be inmpolitic alnd delgra.dillg: degradilng, because their powers supl)posed Congress objects of their domlitlion, and even of their mercy: iinpolitic, because it Nwould give opportunity for representing in the Courts of Europe that Congress were in Trealty with Britain for a reconciliation, and for some time suspend, by this means, their intentions of befriending us..But it was also agreed that the Congress ought to give every possible attention to General Lee's personal safety. The Resolution was passed of directing General Washington to inform General Lee of the measures they were taking for his safety, and to request him to inform them of any thing they could further do: but that they could not think it consistent with the dignity of Congress to send a corrmmittee to treat with him on public business. 24th. A letter fiom General Washington informing that General Howe and Lord Percy were arrived at Brunswick with a reinforcement of troops and heavy artillery; that he apprehended the enemy intended to enlarge their quarters and procure forage in the Jerseys, or to m.nrch towards IP'liladelphia, neither of which was lhis force able to prevent. The Congress ordered General Washington to call to his aid the Continental Troops under General IHeatl, and in Providence, and letters were ordered to be written to the Colonels of the Battalions North of N: Carolina, ordering themn to send their troops by companies, and parts of companies as fast as they could be got ready, to join the General,-except such as were destined for Ticonderoga. N. York was requested to send detachments of their militia to supply the place of General Heath. New Jersey & Pennsylvania were also requested to reinforce the General with rilitia. To this resolve was subjoined a d-eclaration of Congress, "that it was their intention to reinforce the General so as to enable him not only to curb and confine the enemy within their present quarters, but, with the blessing of God, 384 STATE RECCO1R:I)S. entirely to subldue tllelm before tlley are reinforced. This polpll.)olus paragra)ph was IIuch c(onIdemnedd by some Genltlcllelm(, is an 1unlwortl.hy gascona:de andl it was warm1.y deba.ted. No. Carolina observed that th!reats were 'unbecominig a -private Gentleman, and lmulch more lunbecomingg a pll)lic body: thlat tills pompolus boa.st, if not realized, would render the Congress exc:eedingly ridicu.lous, and there was great reason to fear it would not, that olr v'igooiur ough!t to appear by efforts n.ot words; tlhat at b)est it was a useless. sulpelrfluity, and oulglit to be exl)ilged. Jersey, PIennsyl.vanlia, Nortli Carolina and South Carolina voted for expunging: the fourl Easternl States, Virginia., Georgia for retaining. There appl)eared,. througlh this rwhole debate, a great desire in s'omle of the Delegates of the Ea.stern States, and in one of' New Jersey, to insult the G-eneral. Georagia always votes with (onnecticut, an( is of ilo fuilrther use in Congress. Feb'y 25th. Tllis day there was a very interesting debate. on sonle aI iiendmients proposed to a report of a ComlYirittee,. appointed to consider of somne means for preventing desertion; buit. the mn.ain question was concerning tlhe jurisdiction of Colngres aid tlhe States. The decision was postlpoined. T'lhe delbate lay chliefly between Mr. Wilson, of Pennsylvania, and the I)elegate frol North Carolina. The opinion of a great mailjority was with the latter; but it was not deemed prudent to decide. N. IN. T. his is all that I can now transmit: but as you know the opinion of yourI Delegate on snch questions, you can judge tihe opinion of Congress;. and for this reason it is that I mention that a majority was in his favour. 26th. It was determined to give six per cent interest on money borrowed or to be borrowed on Loan Certificates. Connectilct went over to this measure and drew Georgia with it. An attempt was made to extend it to certificates to be given in paymient for Lottery prizes, but rejected. The debates were long and troublesome, but unimportant. No. Carolina was always against increase of interest, because the Delegate considered it as incajpable of producing any money, but in the way of an emission on interest, and therefore that it was resolving to carry on the war at an interest unnecessarily increased one half, and that no sum was accumulated or could be borrowed, the acquisition of which would compensate for carrying on the war at this increased interest.. S" TATE.1ltIEC(O)1~DS. 385 The question was put in the morning for an ladjournmelnt to Ph'iladelpl'!ia. All. the Southern Delegates were against it, e xce.pt Georgia, Nwho al.ways votes with Colline'ti(ent. The reason given, that inrlle:ll )llsiness of consequence waLs 1)efore tllhe Conglresls, 1and:1 it was improper to susl:)end it by anl adjournl'me, nt l that the: weather was so 1)ad aInd several States so eircuinsta neld, there was very little prol)ability of' the Congress mneetinlg in.Pllil:adelphia in several weeks; tthat th e General was of oplinion tlhe e(ne3nyi intended Cal. atttack onl. 'IlPilladelphia., and if thley attemnpte-d it t1eby had no Tore to stopl tlhel; in finre, that it would be fioregoing a certainty of doing b)lsilless, for a very great uncertai lnty. F-or if thle (only reason )of any weiglht camne from the o oardl of War, wrhich. was tlant fo:r want of mle(i hanllic(s and wLgois tle l)usilless of their d(lpar(tiiment n-we(t oil very lheavily at Baltimtnore. Tli.s \vas an.sweroed by ob)se ing thIat anl adjou.rnment would c(ause an enltire suspncsior of tilis tl( 1 al1 business, andl there was n.o probablilitS o.i ant ea rly ne(-til ng (tt 'liladelpliia. Tiere was a 1 peevislh altercation o tilc Ilatter, aldl in order to put anl end( to it, the )elegate 't1o l fron Nort (.i (roliila. ino )vel, in tlie right of the State, to )plut of- the (iquestion. A fierce d(:e!ate ensued, J. A.damcs, l)r. Weatl.erspoon, IMr. Wilson, 1Mr. Shtermian -: some others alleged that it lmust be referr'd to a majority, whetler the r'le could apply, to tlis case, and, inl shlort, whlether tlie State should 'be allowed to exercise the right. of 1)ostpoining. l.. IE.. Lee w\ith great perspi(cuity and t-or(ce of a rgument, urged tlie violent impr:opriety of putting such a question at a time when a. State attempted to avail itself of a privilege retifrred to eaclh byl tlie fudamental rules of thle Congress, whrich certainly framed its.constitution; that no chlange should l be atteimpted until the State hlad exercised its righlt, and thle rile miglit afterwards be considered and amnended if thought requisite. F. L. l'ee observed that thle rule was orirginally intended to prevent a ma.jority froni decidi g too precilpitately, and if it was submitted to tile majority, then when it was proper to apply the rule, or 'when a State might avail itself thereof, the mrajority would always determin e againsft applying it at all. AMr. Ilaywood from South Carolina urged that lie thought it a very extraordinary proposition to submit to a majority, whether thlat majority should be checked by a power absolutely reserved for that purpose in the constitution of Congress. The Delegate from North Carolina declared that he would enter 25 388 388 ~~STATE RECORDS. already drawn for, to miake the alddiklonal purchas-es, to erect the necdssary work-s and bi-tildinogs and' t~o carry on the busnsless wvith. spirit. In a shiort time I (10 not fear lbut thle works will sulpport themselves with the sale of Iron to the Country and at tlhe samne tune supply thre public withi Ordniance and 13all. rrle Furnace was not in full b~last whleni I left; it, but the mianager expected mnetal from it, onl the 1.0thi Inst. anid it hias every appearance of d(ioii,).g well-Mr Wilcox is by rio means satisfied withi the p.)urchase money and expects la fur~ther sumi fromn the General As'seublywhiich. is mentioned in thre conveyanice- bu-t it w.~ill lie entirelv with. th-em whether any furthier anid what sumn they will give. There is also a Clause thiat the works shall. not be fanined or rented out to ay private person- bu t if the Aissemblly should think the publlc exigo'ncies ans —weredl, Wilcox & Eng'land shlall have t'hem agrain p-aying the(~, puil~le thle legcal interest *of the purchase mroney & the valute of the additional works, lands &c., and receiv~ing, a reasonable rent for the uise of them. I[ h~ave reasons to belie-ve that these pi'ovisions were unnecessary as the resolves of Congress seemn to. imnply that an. Iron MAanufactory in all its branches shiouili be established, and this cannot bDe well. expected fromn primate adventurers. 1 hiave sub-joind an account of' the paymlents mnade for the puirchase, and am withi mitch respect Sir, youir Excellency's ob. serv't ROBT. ROWAN.1K M\oney advanced by thie late Comm issrs. ~, 300.1y order of the late Congress "20() Pcaid by the present Coininssr. "100 Negro hirie for 8 months "133-6-8 Order on the T~reaisury. ini favor of Miotntgomncry iii whom the title of thie Forge and i3lowing was and tLo whom Wilcox owed the n-oney "223-11.1 Order in favor Wilcox for the b)alcance "4043-2-3 ~5000" " STATE RIEC()IDS. 387 GO'V. CASWELL FROM ROBT. ROWAN. [Fron' Executive Letter Book.T CORoss CREEK Fob 14th 1.777 SIR, I tllhilk it.i.y duty to inforim'l your Ex (:cllency that I am returned frolm the Iron works wlere Mr. Alston and myself (Mr. Harper the other C.inom issioner, havi'ng on acco.unt of his private butsiness declined acting) agreed witlh Mlessrs Wilcox and Eng'lamnd for thce plur.1case of the Furnace 'Forge, and all their interest in the lands adjoininlg for thie sumi of.~5000. 1.B the resolves we are empow'erced to 1.)uy the llands of Ba13la.am Tolmpson & Thonmas & Win. Graves adjacent to the Furnace- as we'll as any otller lands which we might think useful to the public. We are now in treaty for them, arid hope imn.mediately to eflect a puricase. We are also emplowered to erect another 'Furnace and a Slitting Mill. All the Tools, Implements, waggons, carriages, oxen, provisions &cw. wh1ich belonged to the late Proprietors being now useless to them- and highly necessary for the works we have agreed to take, tho' we have not yet ascertained thle value. All these things will make a considerable addition to the sumr. Thle Congress granted us only ~1000, which will not be nearly sufficient to supply the daily expense, of the works, as there must be at least 100 people elmpiloycd, i.lncludinlg tile negroes of McKlniglit &(&c. which we have also taken into possession. Conveyances are executed to us in trust for the public- and we hlave already drawn on tlhe Treasurers for the l)alance (dlue on the purchlase of the real property of Wilcox and England and shall1 give tlem an order for thle value of tile:movables as soon as it is ascertained. The great q(iant:ity of provisions which will b)e wanted, the wages of the artiiicers and ]al)aorers- clothiing of thic n egroes- tlie necessary buildingsli:(and (dditiolnal works (nd t]le be(dinng and flurniture, wbici allre inimediately wanted by thle m'manager- founders &c. will require a very considerlable supply of moneoy- without, which it will be ill)ossible to carry on th.e works. The sumll voted for the worlks bly (Conlgress last Spring (when the views of the Legislature. were n(ot as extensive) was t~5000 of which ~150() only has been paid. I expect ~'2500 at least will be wanted, exclusive of whatt we lvi'e STATE RECOI-:DS. 386 into no debate on the subject, "lwhether lhe shlould avail himself of a right reserved to every State in the original constitution of the Congress); that those rules must have been entered into by comImonI consent, and nothing' }but common sense coul.d dispense with them; that if a majority of Congress could vote away the rules which con mmon consent had established, they were a body l)oundl by no rule alt all, and only governed by arblit rary discretion; if this was the case no Sta te can be scu(re; a rimajority might vote that two, three, four, or five States should form a Congress, atltlo' the present rule reluired ninle, that the votes should. not be by States, bult by voice individuallly,-in short, any tlle snlallest nulmber of Delegates migll t take Ilupon tllem tile wh}ole authority of Colngress: thllat putting the right of the State to a question was assuintng to exercise an arbitrary, tyrannical di.scretion, and lie wonul consiide it as a violent invasion of the rights of his State, which he would endea vour to reset t as 'becamlle him: tlhat if thle question was at all put, lie should lIe at no loss how to condiuct himself: lie would always to tile best of his judgment, make a prudent rse of any privileege witli hich he was invested, but lie hoped he should always have firmness enough to maintain every the smallest privilege of the State lie represented: that (Gtentlemen were exceedingly mistaken if they (delemed him a man who would tamely suffer the smallest invasion or enicroachmene t on.her rights: that it thiat Assesmbly proceeded to so arbitrary and tyran'nical an exertion of powcr, lie would consider it as no longer that which ought to be trusted withl the liberties of their fellow citizens, and he would shape his conlduct acc'ordingly. The l)elegates of N. lIamlI)slhire, iMaryland, Virginia, & South Carolina joined in tllis very strenuously, insisting tliat it was a most violent & arbitrary act of power to put aly question at all on this lmatter; & tle othlers (sonme individuals among tl.em tbcing of t l e samel opinion) perceiviing tlte determinie(i resolution of the Delegate of:North ( Carolina, to witlhdra.wt from Congress if any slucll (lquestion sh(ould be put, —they vwaived their opposition, andl he exercised his right. Tl.e next day thte adjournment was carried. THOS. 1 BU'RKE STATE RECORDS. 389 ABSTRACT OF DEBATES IN CONGRESS. [From Executive Letter B3ook.] 1777 Feb. 8'. Motion for ofiering 6 per ct. in the Loanl Office. For it,-was agreed the necessity of money for carrying on the war, which four per cent had not yet procured, the exlpediency of borrowing on this interest to prevent further emissions, and of allurizrng monpeyed men to eml)ark in our interest. Against it.that the public, heing the only lorrower, nmust get the money at the interest already offered, if there was any to be lent; that those who withheld money, only did it in hopes our necessity would comnpel. us to give a higlher interest, and that they rwould withhold it as lon( as they ad any i prospect of forcing us to offer higler interest; tlhat the interest would be a heavy and unequal lurthell on the State, because those who now possess the noney would lay thle rest uiider a heavy tax under the namne of interest; that tllre was little mlon.ey to be borrowed, because men s)peculated and fonlud they couldl lay it out to better advantage; that tlhe necessity for mlonley made it more expedient to seek a more certain resource. The lelegate of North Carolina could not e satisfied that Loan Office certificates, and bills of credit, where both had the salne sec(.urity for their redemption, were not in effect the same tlling: lie thlerefore thought Loan certificates another emission in lills oft atnother deInominaltion, with this unjust inequality, that one part of thle comulllllity would thereby be taxed for the others. lHe also tllought that mlluchl money would not be borrowed on them at any interest, unless it was for the more convenient purposes of exchange, and lie thouglht it would give our en.enies too conveienet a macline for affecting our hopes and fears. He would vote against a Loan altogether it it were now the question, and the slaine reasons induced him to vote against the increase of interest. Question put, Aye 5, no 5. Aye,-New Hampshire, M. 13ay, N. Jersey, Pennsylvania, Virginia. No.- Rhode Island, Connecticut, North Carolina, Georgia, S. Carolina. Feb'y. 1 2th-"-.aryland and Pennsylvania were verye solicitous to procare a vote 'of Congress, approving a meeting lately held by committees appointed by the four New England Governmnents, to the 390 STATE RECORDS. end that this approbation mighlt imply a right to disapprove. It occasioned very long and interesting debates. At length the gelneral opinion was that Congress had necessarily a right to inquire into the cause of any Imeeting and to require to know what was trallsacted at any such 'ineetings, and also to requlire aii explan1ation of anlything that was dubious, and satisfaction. for anytlhilng that was alarmingi to the whliole, or any one of the States; tlat this right necessarily existed in their powcer to take care each for his respec(tive State tllat no injury lhappleled to her fronm withl:out. Il lt thlat Congress had no right to prohibit Ineetings, or celnsure tlhe.!l if the transactions in tlem were not injtrions to otllers. The delegate of North Carolina refuse to say what his State could not do, dclaring lie tlouglit she could (do every thing which she had niot precludedl lcerself from bly plain andm express declaration: to yield up any of her rights was not ill ].fis power, and very fr fa rolm his inlli natioll: that hb the Law of Nations she had a right to demland a satisfactory accounllt and expllanation of anyV transaction of one or more States, and she lhad api.)oinlted him to watch lest any ilnjury s1hould colme to hler fromu wvitlout. In this he would utse lhis best endeavouirs. Tlie lquestion put, tlhe approbation was denied, many voting againist it lest its m.nbliguity slould create futrthler disputes; of this numbll er was Northll Carolina. Feb. 15th. Yesterday Twas conslumed( in (desultory Cdebates )uponl a report of a spcCi 0.l collllittee upon the proceediligs of the four New England G(overnl'lents above mentioned, and it was reco(nnlitted. This day it was brouglht in under a formn a.greeable to what was the sense of the HIouse on what was yesterday considered. At first it expressed the opinion of Congress, that the proceedings were folnded in justice, policy and necessity, and merited the warmest approbation. The se(cond declared neither approbation or opini.on-except particularly relating to the New Englan.d Governmen ts, because of their peculiar circumnstances, but proposed laying it before the other States for their imitation if they thouglit proper, avoiding as imucLh as possible any expression that iight suggest to the States that Congress approved( or disapproved. In this forml it passed without a negative, and it was voted tlat several States should be advised to confer with each other on this subject: viz: New York, New Jersey, Pennsylvania,, Maryland and Virginia: North Carolina, South Carolina and Georgia. Nothing STATE RECORDS. 391 'very remarkable happened in his debate except that Virginia insisted on being connected with Maaryland, and refused to be connected with the Southern States. The delegates present from Virginia were Richard Ienry Lee, Francis Lightfoot Lee and Maln. Page, all residing on Raapaharnock and Potomack rivers. Thle Delegates from Nortlh Carolina represented that great part of the e(xportation of North Carolina was through Virginia, that her market was therefore in that State, and that she oughtt undoubtedly to be consulted in regulating t.le prices since she was so much interested therein that it was unjust and ungenerous in Virginia to endleavour to regulate them without her, and evidently shewed she was willing to do what would affect the interest of 'North Car.olina without lher knowledge or consent.. Virginia persisted, and the vote passed for her conferring witll M.aryland &c. The (question was now proposed for the conference of the Southern States; the Delegates opposed it, alledging that their articles of exlortation would l)e always very low, by reason of the danger and difficeulty of explort ing: that none had provisions to spare but North Carolina, and her market for them being chiefly to Virginia she was precluded from regulation in that article by tle regulation malde in Virginia, of which as she would have no notice she could not accomodate herself thereto, and her Dlelegate ldeclared she lhad too m iuch vigilance, and sagacity to mnake regulation since it miglt precludle ]ler from taking advantage of (ircumstances to dlefenld herself from. the injustice of her neighbor Virgini.a: that since Vir:ginia chose to confer wTithl other States in ilmalking regulation s whlicll milglt affect North Carolina, and refused to confer with her whlere her interest was so nearly concerned, Virgiriia was entitled to no attentionl from North Carolina, and she ought to have it in the power of lher citizens to avail themselves of all advantages whrlich circ'umstances might throw in their way. The question put-all voted for the conference of the Southern States except their own Delegates. It. I. Lee privately told the Delegate from North Carolina that he need not be disturbed on this occasion, be(ause Virginia could make no regulation but what must affect lherself. The Delegate replied that it was arrogantly assuming to judge of her affairs, and affect them without her eonsent: it was taking advantage of her situation to be arbiter of the conimerce of North Carolina, and it was shewing an entire disregard to her interest 392 392 ~~~STATE IIECORDS. and circnumstanices, and hiaving thiem entirely to depen~d oil the decisions of the F orthern States, withou~t even1 being con suited. The Delegate declared hie t-hought thiis suchl an instance Of con1 -tempt and disregard ini Virginia, that hie could nIot but receive it withi indignation. THOS. TIURKE. (iOV. OASWELL FROM ALLEN JONES. I[Fromn Executive Letter Book. I HALIFAx Feby1t17. G-enl. i-tutherford sent the Prisoners who were on. their pcarol at Salisbury to Capt. DickinIson Who wa'(s ordered b.y the late Congress to carry them~i to the Northward, and had power to (iraw on- tle Trea,-sury for a sunii of' money for that purpose. Capt. Dickinusonl bein~g out of the way, his L t., Abraliam. C/hilders b~rouglht themii hereand delivered them to mie. I have confined therii On thei(-,r parol to 1{aiifiaix and two miles around it on tihe southi side of' Roa-nok.e tilli I could have your directions what to do. They are Sonic~ of the 11oyal Highlanid Enmigran ts conummanded by Capt. ]Dun MNc'N icol. mtaking twelve iiti all, also Janies Hlepburn and Joseph I1lughis. I could "\Vislh to remnove them fromn th-is plaice, heaviiig scoundrels en-ough of our own-and to mend the miatter they say the'y have no muione.cy,,and expect to ibe suipplied by the State. I have prolibited tliemi from speakin~g disrepectfuliy of this or any other' of the United States, or thlieir proceed~ingis, or depreci ati~rlig our Ctirren ciCs, and if' I catch them transuressimg, you may rely onl it I shahl send them to prison -unless otherwise ordered. I[ shiall wvait for your directions -and am w\Nithi real respect youir Excelly's n~io. 01), Sc iv' t. ALLETN' JONES TO THOMAS I3URKE ESQR. FROM Rt. CASWELL. [From the Executive Letter Book.-!..NORTH- CAROLINA, Do-imus Co, Feb. 16t' '77. DE AR11 SI I, I had yvour favor fromn Han~over Court I —loiuse by a Capt Ferris andMr Stanlv. The fb-rmner was called 111)01. by the Council who STATE RECORDS.33 393 were then 'sitting at Ne wbern, buit on examination hie expressed great friendship for the American cause, owvned hihnself a subject of this State and took the oath of Fidelity, whereupon lie was disliiissed. I'am obliged to you. for thle hint giVenI me respecting this mm~l the nasn i to appear betore the Counc-il andi~ pass an exain-ination then made some others a little more cautious in their manner arid expression. We have received ~some accounts fromn Gen. [:~uthierford and from' Wataugoa-, signifying that the Indians had commnitted depredations oni the inhabitants on Hlolston~ and by sundry affidavits respeetimg the conduct of Stew~art, Cameron, and: others; the Counmcil. were" induced to blei~eve the Indianms would actually annIoy thle Frontiers, and acecordingrly advised raisingo thc \[ 1aibtin One' hunIdred menl are ordered to tfie assistanIce of Washington District, from this side.of the MoFC)untains, and. 15() care ordered to range the back Settlemrents in Surry,.Roan,~tr and Tryon. INIr. Rutherford also mienltion~s his e-,xpectartions of the Tories ari ibno in that part of the Country., that sundIry fireloeks had b~eein f'orc-,ibly t~aken fromi the 'Frien~ds to this State. (Geri_ Persons and Col. Dry,-I havre declinedl atten-ding *as Counsellors. 'Tis with dffhcutlty Iia abetgt a sfiin n1.inuber of those Honworable (4ients. togetlher to inake a B'oard. Col. Biount, who is going to the Continental T[refasiuI for- M.V-'oney in.Consequenice, of the ordlina,[nce of' our Congrress, wilil (leliver you this. I have written to MN.r. IHoolper to rlalke apphication to Coi.i-gress, if' njIessaryv in' m-fy behialf, your assistanc(, I know will, be gve.'AIr I-flount carries ani authenticated copy of th( ordlinance, which will -showv the poCwer I have to ap-ply to (,onoress in the last resort. I find business is likely to imnultiply on my hiands, aridi if I aml continued in the governmnent of' the St rtc I believe it wi-ll b~e advisable for inc to reside at N-ew-bernI wherejlI shall have frequ~ent opportunities of writing to you, wNhich I shall riot neglect. Aniy intelligen~ce you shall think proper to give mne, shiall be thankfully -received. lam IDear'Sir, with great regard and esteem Your olbedt. linnir). Servant It. CASWELL. 90A. STATE RECORDXS. GOV. CASWELL FROM JOHN HANCOCK. [From Executive Letter Book.] BALTIMORE', Feby 20t" 1777. GENTLE'MEN, In consequence of the proceedings of the several Committees. from thle states of Massachusetts 13Bay, Connecticut, New IHami)shire and Rthode Island-being laid before Congress, they havez coine to the enclosed Resolves, w thich am comnianei to transmit to youi-together with those parts of the minutes that relate to the price of Labor & other articles — Altho' Coress approve the ineasures adopted by the Body to p, yreve-nt the depreciatioi. of their Currenc~y (except striking lills to bear interest) yet they have referred to the consideration of th-e other sstates the pI-opriety ofregulating the prices of GCoods and at the sa-me time recoimmn-.end to them, to dlevise such - expedients as thbe nmcay thiirnk will be most likely to remedy the evils oc-casioned by the exorbitant prices of MNanuta fa ctnt re s- and all other articles of TrI-de.. I ain therefore to request you will appoint Commissioners to meet at Charlestown in South Carolina, on the first Monday in Mllay next-ithen and there to confer with other Coinmlissioners, fromt the States of South Carolina and Georgia, on tlie subject of adoptiing such a sys-temn of Regulation as mnlay be most suitabie to these states. I 1beg-leave to reqiiest your attenition to the whole of' the eiinclosed Resolves and have thre,'honor to be Gentlemen your moe. oh,. & very, humb111-1i. Serv't JOHN HANCOCK, Presidt. Hon Conveiition ot the State North Carolina. GOV. CASWELL FROM11 A. MACLAIN. [From Executive Letter Book.] WILMINGTON 22"' Feby 17,77 SImE I have the honor to transmit to your Excellency a letter from Mr. Rowan, one of the Cominissioners of the Iron works with an account of the purchase made fromt Mlessrs. Wilcox & England on. act. of the public. I am apprehensive the purchase may be thought STATE RECORDS. 395) high, especially as Mr. Mills, the manager seemed to be of opinion that ~3000 would be a sufficient consideration; but as money must have been advanced to the proprietors much more liberally than was hither-to done- As the expense of the metal fiom tl.e Furnace, for the exigencies of the state, must have been great before new works could have been erected —and as there was little probability that ti.e proprietors and the nanager wou.ld agree well togetler- it was thought nmost prudent to take the works out of' their hlands- whent there was so fair:an opportunity offered. Tho' the Commnissioners considered tl e works cou.ld ble erected for a 11much less sumn than was given, and t;lo' Wilcox and Englanld had no legal title to the (re, or the wood lands adljacent to the furnace, yet they hlad 1m.ade such clain, as has lbeenl lsual in tllat part of tlie Country, since Lord 'ranvNille's office lhas b:een shllt up- and it wouldl have had a bad appearance, anld probably< a bad effect, in a part of the state, where there are so tnmany disaffected people liad these la.nds bIeen refused to c.laimlants. Besides in my1 o'wn ol)inion, the works with the ore and woodland adjoining, are almost invaluable to any personi whlo possessed a sufficient fund to carry them on with spirit- Had they been niine, I should have thlought double tile purchase money anl iitadequate consideration for theml The sumn of money ordered by Conlgress to the Commissioners, is a mere trifle compared to tlhe expense they must be at considering the number of hallnds that nmust be constantly enmployed, & the additional works that must necessarily be erected; and as a purchase was ordered to be made, (tho' the resolves mnakel no provisions for the payment of it.) I conclulde that the Treasurers will of course pay the money- and I liope your Excellency aind the Council will be of' that opinion- and add your weight to it, if necessary- In truth Sir, the public, as far' as I am able to judge mu.st be a gainer by tie 1purchase- for I cannot conceive anl article, where Iron is necessary that may not in a short timne, be manufa.ctured among olrselves; and by contributing liberally for the present, the Legislature will soon reap the advantage of it; not only in a present supply of ordinance and Ball- but a very great profit from the sale of wrolught Iron- and utensils in cast metal-. r. Mills, the manager informled me that he expected a quantity of German still, which was to have been purchased, and forwarded by our Delegates- I hope it is arrived, as it is abso 396 STATE RECORDS. lutely necessary for the boring-Milll wiithout which cannon cannot le finished- I )eg yo ur Excellency will take the trouble of causing an enquiry to be m-ade about it, and order intelligence to be given to the Conmiissioners or myself, that if it is not to be had immediately, suell as is to be purchased Imay be secured in time. Mr. M:ills hopes to have. a few Guns ready Iby the timee tlle General Assembly is to sit. There is one Angus Campbell. in Clumberl and Conlty- who was with the Tory Army- IHe gave the Congress last Spring, security for llis good belaviour, and was ordered to reside in some otiler County- but the Council of safety perlnitted lhinm to go back to Cumberland- I have been credibly informed, that lie la.s not leen called upon to go with the other prisoners, and ill truth 1 was applied to, to know whether it was lpossible for hilm to renlain where he is- I t.hink it my dluty to mention these circumsta.nces, as Mr. Camlpbell has great influene amIlong his countrymen- and if there is any omnission- the blame nmav possibly be laid your Exc.ellency's doorI am, 'w ith g(reat reslect- Sir your Excellency's humlnl. & ob). Serv't. A. MACLA IN. TO DR. BURKE. [From Executive Letter Book.] iNO.IoTH I (CAROLIN.-A 26t1" Feb. 1777. DEAR SI:I wrote you ten lays ago by Col. Blonnt wlio I then thought would set out for Baltimnore thle next day. He is not yet gone. I have therefore anl opportunity by him of sending this short epistle. I had your favour by Mr. Hooper who called onl me on his way home four or five days ago. I am really sorry to hear of any jealousies entertained of the Northern States, being well convinced that on our union principally depends our success, and most cordially hope that every inducement to things of this kind will shortly be done away. As they, I understand have ordered a stoppage of their privateering business, more men from tlat lquarter, I hope, will be found in the field. The informnation you -STATE RECORIDS.37 9 , 091 was ipleased1 to give Congress respecting' my inclination to serve to the ut-rost of m'y power the cautse of America was very jms~t, and give 111 lea-ve to cassuire you.1 thait nothino' within.- the compass of' my" ~ power shiall. be wantin~g to give the n~ecessary assistantice to thie recruitinog bui)~ness. 1utit I ami really much concernedl to find niany of the offic-ers, nay thie greatest nunnler, far fromn ns'inly tlhat diligence I couldl wish, on this occasioii. They s(101mI or ait least. suich of' them as I have conversed or c,-orresponded withl, desirou-s-_ of going to the Northward but even there -1 tear thenl indolence wil~l lbe suchi as to do no honor to their country or tl.~emsel-ves. Col. iBlounit carries my warran~t to the, Treasuiry, requiring the paymnen't, of 500,000 dollars to the order of our Treasnrers, or either of them.-. Ile, as payi-nastei', has a (Iraft for half that sumn, which I mnust, request the favour otf you to assist himi inl prom'li1'ing The corresp,,ondence you propose with (me) every post is very -ao-reeable to mre. You. will thereby lay me, undel-r great obligations, and enable me to give such intelligence to our enquiring countrymnen as mnany of' themn think-c they are, entitled to fr oun a pIer'son in the station they have placed inc I ani &cl. IRICHfAII) CASWVELL...To Dr. l3uirke. GiOX. C"ASWELL JACOB BLOUNT. [From Executive Letter Book.i ENVWINGTOIN, 26` Feb. 1777 Dit. SiR: 1 promised mlyself the pleasure of seeillg you this day at your own house. but I was yesterday attaecked by my old disorder a giddiness in the head, with a most violent headache and sick stomach. I took a. puke and the violence of the operation has rendered mne unable to go so far to-day, then I must go to New Bern to-morrow if possible. Since you was here Mlr Hooper called on me on his way to homne fromn Congress., He left Dr. Burke thiere, no news Material, all our troops are ordered to the, northward to join Gen'l Washington. Mr. Hooper furnished me with a resolve of Congress directing 500,000 dollars to be paid to my warrant; in consequence of which I send you my warrant to be delivered at the Treasury, 398 STATE RECORDS. which is at Baltimore. By that I. have required the Treasurer to pay to the order of our Treaslurers, or Treasurer the ain't. You will of course receive your sum in part. I. also enclose you a copy of The IResolve of Congress, if the Treasl. trer has any doubts reslectin.g the payment, he may have recourse to tlte ori'ginal in the Seeretary's office. Mr. Hooper's letter you 0 may return m ne. I send you. anothler letter for Dr. iiurke wilo will give you all necessary dispatch in p-rocurin'i tile 1oney. AMr. HIoope)r says tlie Congrless will send a guard out with the money, thaSt your b)a relyT sending my warrant would be sufficient. But I think 'tcwould be most advisable for you to go now as you are prepared for tlle journey, and it will be attended with nmuch less delay. I lleartily wislh you a pleasant and agreeable jou!rney, and al & (. RICH: AI: ) CASWELL. Jacob.I:lo1nt Esq. PET-Ell LE POOLE TO (GOV. CASWELL. [ From Executive Letter Book.] CIA.RLESTO'N, S. (CA.ROLIN.A, 28th Feb. 1777. H:is EXC.1ELLm-ENCY.I'ICII ARDI CASW.ELL, EsQ. SIR:Since.I had the honour to left your State I. never was favoured with a'ny favors-I take thlis opportunity to acq(luainlt your Excellency, thallt I aln intended to depart fromr this province, in three weeks time direct to Amsterdlaml. through the North Canal in tle Big Liberty now loading with rice and indico. IMy going direct to Holland, and not via Westendun is, that my friends acqulainted me of the risque in the Westendunl, and the underwriters made no difference in the premn:iuml to there or Hlolland, and mny being sooner in Holland in order to able me to serve lly friends and the different States which have honoured me with their agency. With the last letters I have frollolla:nd tile price of the tobacco of Virginia was 8:. pence pr. 1b. and by the arrival of a vessel inl tills port last week direct fromn Nlantes dated 28th December 1777 I, got a letter from ly fi iend, which -lention tle iprice of the tobacco 70 livres the 100 11).; rice 20 livres and 10 sol.; indigo 6 liv. 10 sol. a 8 liv. 10 STATE RECORDS. 399 sol. pr. lb. lwhicht no doulbt are as high in Holland and worth while your observation. In case your State load a vessel aind send her to Holland, please to direct: viz: to Peter LePoole and by his absence to Mr. John. Westendorp Merlcht ill Amsterdam, because I lighllt been taken, in order to have a hlouse in..Amsterdam, to act inl bcl)half. AiM. Craiikc (now h(ere) l)Iromii s to converse with your Excellency what sort of goods your State slall req(ire in return flromllt HIolland in cease youl shall tlink p1.roper to send a vessel with tolaco, as tl.e t ine is ra.ther siort to h ave the returns towards inext winter. I remailn with due respect Sir, your Excellency's most lhunible servan t, P ETE ' LE POOLE. GOV. CASWELL FROM WA. LORI). [Froni Executive Letter Book. WI,LMINGTON 28t'h lbcl 1777 5May it please your Excellency. Since my appointml elt of' Pay-master to the first JIecgiment at IHalifa.x, I.'e lbeen in a very bad state of hlealth. however have ldone niy duty as such as far as in lmy power. I only returned flronl Chlarlestown last week and am n ow confinled to my room, therefore it's entircly out -of my lpowerl to attend tlle deputy paymaster for lmlonley to pay the Troo)ps, as I've paid away all tllat I: got friolll hlim, anld h ave attended M.[r. Treasurer Ashe in hlopes of getting soime, l)but to no lpurpl-ose, lie having none in the Treasury. I am therefo're obliged against my inclination to enc:lose you my appointment t lilope my bad) state of health will ibe a suflicient excuse for n.y givi1g 1) I tliis post. lhe be) areir \.Iti Richa.(l d B.Iradlley I wou (l recomnend11 to yo 0111.xcell ecy, as a perisoIn dserv'ing yyour notice and shall everi think it a favot done mne, if you. will appoint hi.m in ilmy stead; lie will give your Excellency undoubted seculrity. I 'hoe t ttnl the senbl i to at.teed tmhe A bly cin o to r r m count fort tlhe p)nbli.c nioleCy, wrti.ch I've een e(nt.rlstCd( w1ith. Till then anm with tlhe greatest 'respect. your Excellency's 1to. o). l. 11nbl. Serv't WAM. LT()RD. 400 STATE RECORDS. Acet with hMr. B3lount & Col. Cannon for Rations Apr. 1776 1776 Apr. 15th Jethro Sumner to 3rd Regilt. To 16, days Pay Apr. 6 (i) 50 Dolrs a lMonth- ~10,13.4 To 31 days pay May (4) 50 Dis. a Month- 20,13.4 To 30 days pay June (ax 50 Dls. a Monltlh- 2 To 31 days pay July @ 50 Dls. a MAontht - 20,13,4 To 6 days pay Augt. % 50 DIs. a Monlth 4 To 25 days pay Augt. () 75 Dlrs. a Month 25 To 30 days pay Sept. ( 5 75 D)lrs. a Month 30 To 31 days pay Oct. (i) 75 Dlrs. a Monlth 31 To 30 days pay Nov. @ 75 Dirs. a Month 30 To 31 days pay Dec. (.) 75 DIrs. a Month 31 1777 To Jan, 731 days ( 75 DIrs. a MAonth 31 To Feby 29 days () 75 Dlrs. a Month 28 ~282,00,0 Cr. PBy Win. Blount Pay Maaster 175. Dols. a ~70 530) Dols. due- ~21 2,0 1776 Apr. 15t' 1776 Commnysary- Dr. To 16 days.Rations at 6. per. Day () 1O)d. ~4 To 28 days lMays Rations (), 6 per' I)ay (c 10 7,00.4 To 3 days May Rations (C 5 per Day (@ 10 12,6 To 30 days June Rations (i. 5 per )Day (). 10, 6,5 To 31 days July Rations (C) 5 per Day ( 10 6,9,2 To 6 days Augt. R ---. --- —- - 5 per I)ay (C) 10 1,5 To 28 days Augt. R ---. --- ( 5 per Day ( 8 4,8,6 To 4 days Sept. tations (i) 5 per Day (qa 8~ 14,2 To 26 days Sept. Rations, 6 per D)ay (. 8, 5,10,6 To 31 days Oct. IRations (a 6 per Day (q) 8~ 6.11.9 To 30 days Nov. Rations ( 6 per Day (a — 6,7,6 To 31 days Dec. Rations (a) 6 per Day (a- 6,11,9 1777 To 31 days Jany. Rations (a) 6- per 'Day @-6,11,9 To 28 days Feby Rations ( 6 —per Day ((i- 5,19 68.6.7~ STATE REECO()lS. 401 GOV. CASW.ELL FROMT JN). F('STER. [From Executive Letter Book.] W'ILMI'NTO:XN March 1. 1.777 Agreeable Lo t.he orders of yj'our E'V.xcellenlcy at.rd thie Co()llcil: am norw h leavr dowri and prepl!ring the p ri'al:tccr (:en1 Y asIli'igton to takl her station tr te (e il f tlls iv, llbut a111 l:icHl afraid (hlslld eve n -1all be I rocI r cl (i1 in so slhort a tilIme) Shle ill delalxed i;uc longIr thani I could wi s1 for wainlt of HandT-s f3 i om this P'ort ibeing so long).r blocked i) by t.le Kinlg of Etiglanld Slhip most of th.'l. Seametn hlave en li ste d i th:e Lan Sc 'tervie of thle Ui. itted Statsc: befb')refi there was a Com llllissioIlJ for fittiTig olit i1iArmed vessels in this: ewtate tllose who did not entlist have gone to oilier parts, ~anld ti}(e ln(:ouli'rargement giveni irl t}he.i'Merchliint service att!d on boarld ri.vate vessels of war 'by oulr' nel!ighl.)rig stat'es, so far exceeds th.e (.onrtinetntal pay ta't vwere ever So great a 'nunber of sea-men iter t, tliere wvould 1'e) but veir little l)probl-,bility of' nmy s}i pi:)ipig a suf iiciet cy of melt, f;,r 1 ithe 'aTLhigt<'n, t)ut as non1 e are to be got ]ere,.1 see no p.!ros)pect of:(ier bot ig.5 Ma['td t it.lOlut your Excellency in Council could advise mle or fix on somIie expedient, how men may b)e ship(led with disl.)atch. IM ost respectf:l 11 I am. your Excellen!cy's mo. ob. htu mil,1 Serv't, J NO. F.STER. LET'I ER FROM TH(). 13BURKE TO G-OV. ( ' CAIS'V ELL. [From Executive.letoter Book.]. ALTI'rM'o.E March '' 1 777. SIR1':l'hle bearer 1has permissioni to go to ytouIr Sta:e to solicit: the dis-. charge of the prisoners takei after tle.def eat at t M.( oor's' C ree.:k. IIe being. a sipl,le 1 unob)iOXiOl(.(us creatui.re, I cons(':nted to his g,i In, at their.t request, tho' tlheir enrldecalvol '. was to g(et sonie more kn!owing one. i believe hi.s elnl)hassy will ritot very1r su1ce1ssftll; f'or I told theilm they must not expect ever to live in North Carolina (oni any other terms than swearing allegiance to the State and givilg S G.}' 402 STATE RECORDS. security for their good behavior: but this they do not relish. They are desirous of knowing whether their families and property will be reserved for them, if they are exchanged. Farquhard Campbell speaks with much resentment and hautiness; he seems to think the State ought to court him to become her subject. I found they were not at all secure in close confinement, and the guarding them was exceedingly expensive. 1 therefore consented to their being on parole in Frederick Town in this State. They are incessant imnportuners, and I believe every Delegate is glad they are retnoved from the residence of Congress. Angus McDonald, the bearer, is to return to them if you think proper. I amn, Sir, with due respect and esteem, Your Excellency's most obed't. serv't. TIIOS. BURKE. Governor Caswell. GOV. CASWELL FROM GOV. CAHE.NRY. [From Executive Letter 1Book.] W\TILLIAMA SBITURG( March 3rd 1777. Giv\e mre Leave Sir, to, assure you of my most cordial congratulations on your appointmlentt to the (:overnment of the state of North Carolina. That Country cannot but soon derive happy effects trom your elevation to the dignity a grateful society have been pleased to conlfer upon you. Commrissioners are appointed by the Executive of Virginia, to treat witlh the Cherokee Indians for the final Ratification of the peace, made with some of their Chief by Col. Christian last fall. I am not able as yet to inform you of the time and place, of the Treaty, but beg leave to refer to the Commnissioners who are instructed to give you intimation of both, in order that Commmnissioners from your state may cooperate if it is thought proper. With sentiments of high esteem and regard I have the Honor to be your Excellency's mo. ob. & very obliged P. HIENRY. STATE RECORDS.40 403 LETTER FROM SAML ASHE TO (iOV. CASWELL. [From Executive Letter Book.] MARCH 311 1777. SIR: Mir. Swann and myself have so far executed the, commn-issioni you were pleased. to honor us with, as to biold the court on tlhe 2WP ulto. at Wilmington: b~tit as the acting long,(er under it may interfere prejudicially with mny intentions of' olbtainirig a seat ini the next jAisembhly give mne leave, Sir, f. r that reason only to resigii and decline acti~ng further under it. Mr. Swaunn I believe, possesses intentions simil~ar to these, hbut as hie is not p})resenlt, I do iiot enclose the commission, iut hiope this resignation will be sufficient.. Neither the Clerk of the Congress, nor tile justices of ally of thec, Counties in this District transmnitted to uis any depositions or recogn~isan ces of any persons relative either, to the miurther of Richar-son. or to R~icharson. the bro's killi~no one of thie supposed mnurthe~rers, or to the counterfeiters of money &c-so thalt we could not proceed again.st fti) Of themn. We hiad very litt le of othier business before its.-I have directed the Clerk to mrake nip the iRecord and forward it uts. I am Your Excellency's most obed't and very hbl. serv't. &c.SAMUL ASlIE. His Excelle-ncy, 'Ri chard Caswell, Esq. LETTER FROM FARQ'D CAMPBEL__L TO G*OV. CASWELL. [From Executive Letter IBook.] BLALTmIMORE MFARYLANT) March1 3t" 17 77. Silt Cons~iderin g the miany obi"ligations yon lafid up~on mnc w'ile ut-der you~r immnediate, authority I acknowle ige that I1 oughlt to have lonig ago transmitted. to you an account of my unhappy tIrciumstanices. B.u~t two motives suggoested io mne the pIropriety of deferring' it till n~ow. Notwit, stand ing the initimacy thm at subsisted between you and me, and the pla(ce I held in the managemien-t of public a-iffairs, so unmercifully has miy character been hanidled of late, anid so 404 STCATE RECOIRDS. industrious were tlhe efforts of some men to blacken it, tli..t I sometimes concluded a letter from me in banislhment, and cal)tiviiy and branlded with all the infainous epithets that party zeal c,uld invent would have been no compliment upon you. It is, an old saying thatt mlen's dispositionls frequently change with the times. Indeed it is mliore t'han ir ca1ll say by) experience with regard to yourls-fofr had others treated nll. with C(llual civility, lly sitluation as prisoner. shou(>llt hilav. b1.een extre.nclel y comifortable. Still it is very difiicult for a mani under tl.e frowns of Ifortune to rid him-inelf of sonie appreihensions, which conf'irnms tle truth of the abl)ove observatioil, and I1, for one, have found it nloto)rious!y verified in in several of iy acquaintances.:,esides I hlave been long since in expectation of havinlg the pleasure of giving vnu the history of my captivity in person...But these ho es are now quite blasted by conl..luct of the Continental Congress ---we petitioned the Convention of.Northi Car'olina for permlission to return lhome, promlising to live inoffensively with our ifamilies uwithlout pre jundice to the interest of the States, offeringr th1emi all the ob)ligations of our honour and interest as security for thle perforima.nIce of that promise. But Mr. IHooper plainly told us, that they never took our affair under consideration. For iiy o1wn part, I offered both MLr. HIooper and M.r. Burk to mortgage my estate as security for my peaceable iehaviour, provided they would permit me to enjoy the company of my family, which overtlre however reasonable had no manner of ef-'ec t. Congress had not the least objection to extend our parole to North Carolina, nay some avowed the propriety of it, but the motion was disapproved by the Delegates fiomr that State, who assigned the instructions of their constituents as a sufficient reason for so doing. Now I' cannot conceive what danger there can be in grantingr me, and indeed all of us the inrdulgence on the above mnentioned ter:ms; MIy pers n al(nd proiperty in their!:,power, and if I transgress it is the easiest tling mnagilabll e for them,! to seize )o Ii, is it to be supposed that any rman in his senses would pledge all th.at is near anld cear unto limi, for the perfilormance of a promise he intelnded to violate, wlhen the(re is not tlie slenlderest prolbability that. hle ca.n hlave it in ihis power to extlricate himiself from. thle mlischief to which s1uch a breach of faith would inevitably, render himn obnoxious. I appeal to any man of sense whethler such a supposition can retasonably be STATE RECORDS.4 4 0 15 admitted. I hope you have known me long enough to be satisfied, that T will not or cannot entertain a sc'therne so disgraceful to my relunttion, and so prejudicial to my interest-And as for such of my fellow sufferers as you are a stranrer to, you ryla rest assured that difference in political princiniles has not rendered them wholly blind to Their own interest. To you therefore as the most Cons)ieu'u5 mUan in the State, and as a man whose candour and integrity I heave already experienced, I apply for a hearing in this mnatter. - Far be it from mne to beg any favour of you which it wvill be inconsistent with your duty to grant-i should be sorry to claim your friendship on any other terms, than such as are honourable to you as well. as to mnyself. Conscious therefore of the honesty of my intentions and feeling myself that you are sensible of this likewise, I hope your interest Will not be wvanting to render my application successfufl-If any of the Gentiem en in powier look upon nime as peculiarly dangerous, I w~ill cheerfully mortgage all. my prOperty to satisfy thlem withi. respect to the security of my pronise; and m.ore reasonahble termls it is iluJossible for mYe to propose consistently with my prinwciples and conscience. I have, jointly wvithl the other piisoimrs in thi-s delpartment, subscribedl the enclosed menmorial; whichc, by mny advice, they have conimitted to your protection. lie pleased to write me conceerning the result of the application, directing to min at 'Frederick rown ini Marylailnd, whlichl, whether the memorial hiave the desired edffect or not, will greatly obli ge 'Your inost Wt't. hiumble servt., 111ARF1)L1Q'D CA.MAAP3ELL. h1is Excellency Richard Caswell. Gov. of the State of North Carrl in a. [FiOM mXECUTIVE LETTER BOOK.] Extract of a letter from His Excellency G-overnor Henry to Govern or Caswell, dated Williarnsburg, 3rd March 17 77. Cornmissioners are appointed by the Executive of Virginia to treat with the Cherokee Indians, for the final ratification of the peaee inade with some of their chiefs b)y Col. Christian last fall. I am not able as yet to inform you of the time and place of the 406 STATE RECORDS. treaty, but beg leave to refer to the Commissioners, who are instructed to give you intimation of both, in order that Commissioners from your State may cooperate, if it is thought proper. LETTER FROM J. G. BLOUNT TO GOV. CASWELL. [FroIn Executive Book.] ST. EUSTATIA, March 4th, 1777. I am sorry to inform our Excellency that I am not by any means able to procure salt in the West Indies on the terms which I expected. The doubts that are entertained here of property in America, renders it very difficult to get any person to accept of a draft on the State. Added to that the risque of the vessel in which the salt must come, makes it impossible to procure any quantity into that State without giving a most extravagant price; much more, I am sure, than the Convention expected at the time that limited the Agents each to draw only to the amount of six thousand two hundred and fifty dollars, a sum so inconsiderable that it would not procure more than three thousand bushels of salt delivered there and to purchase one bushel here by a draft on the State, and to get freight would be altogether impracticable. I ]have contracted for and sent per the bearer, Capt. Sears, bound to Edenton, seven hundred and fifty bushels, at sixteen shillings per bushel delivered there: and given a conditional bill on the Treasury for the amount of the same. I have at present a prospect of procuring salt on those terms to near the amount I am authorized to draw for. If it should be the case, I hope to dispatch the vessel in a few days. My bills are only payable in case the salt is delivered I shall therefore be obliged to remain here, until I am informed of the safe arrival of whatever salt I may send, unless otherwise ordered by the Hon'ble the Council of State. In the meantime I shall do everything in my power' to encourage the carrying of salt to that State: If it should be judged best to endeavour to get a greater quantity of salt, or any other article on the acc't of the State, I shall gladly do everything in my power to procure it, on my being properly authorized to do so, on the best terms, And with all possible dispatch. I am with respect your Excellency's most obed. humbe s't. J. G. BLOUNT. His Excellency the Gov. of No. Carolina. STATE RECORDS. 407 FROM THOS. EATON TO GOV. CASWELL. [From Executive Letter Book.] HALIFAX, 5th March, 1777. DEAR SIR:I arrived here a few days ago on my way to Newbern, but find myself so indisposed that I've determined not to proceed. I propose to stay here until I can be informed whether you have a majority to proceed to business.-Charles Robb (Mariner) intends to apply for leave to be exchanged in the State of Virginia, and agreeable to advertisement in the Virginia Gazettee it appears he may be exchanged for a better man, should the Council direct will your ExcellY be pleased to forward his permit by the first opportunity. I remain with great esteem yours sincerely, THOS. EATON. His Excellency Richard Caswell. FROM R. CASWELL TO JOHN ASHE. ESQ. [From Executive Letter Book.] N1iEw ]BERN, 5th.MIarch, 1777. DEAR SIR:By advice of the Council of State, I have drawn on you in favour of Mr. Francis Brice, who is appointed a Commissioner to purchase provisions for the TUnited States of America for three thousand five hundred pounds currency. If you cannot furpish him with currency, let me request that you give him bills on the Continental Treasury in so many drafts as he may require, as he will, I imagine, be able to dispose of small drafts with greater ease than if his bills are large, and thereby be enabled to execute this very necessary business for the public with greater facility. With great respect and esteem, I am, Dear Sir, your most obed. serv't. R. CASWELL. John Ashe Esq. 408 STATE RECORDS. LETTER FROM R. CASWELL TO SAMUEL JOHNSTON. [From Executive Letter Book] NEW B1 nEN 5t" Mlarch 1777. DEAR SIR:Inclosed is an order of Council respecting the purchasing provisions in the State. In pursuance of which I have appointed Col~ Ja. Blount to purchase at Edenton, Mr. James Green, Jr. at New B3ern. To the former I have given an order on you for three thousand five hundred pounds, and to the latter an order for seven thousand pounds. These drafts, I flatter nmyself, you will honour, either in paying them in our currency or drafts on the Continental Treasury for srmall sums such as' they think may be disposed of with the greatest expedition, as thereby they will be enal)led to render their country great service; the purcllasinlg provisiois being already too long delayed, owing to the length of time the dispatches froin Congress were on their way to this State. I expected Col. Jacob B3lount would have set out -for Baltimnore a fortnight ago,-but by one means or other he has been delayed, until we have certain assurances that all the Continental Troops in this State are ordered to the Northward to join G(.eneral Washington. In consequence of which and Col. 'Blount's info)rmation to Coun.c il that he thinks it will be in his power to pay off the Troops on their leavinig the State, they ihave advised that he decline bringing the money you gave him bills for from Baltimore, but that he let it remain there ready to receive on the arrival of the Troops there. And as the Congress resol.ved that the 500,000 for this State should be paid to the Governor's Warrant, I furnished Mr. Bllount with such warrant, and a copy of the. resolve; but as he did not set out as expected I have called on him for them, and lest your bills should not be paid until the warrant arrives. I enclose it to you with a copy of the R.esolve of Congress, that the Treasurer may have recourse to the original, if he is there I also send two letters to Doct. Burke helrewith, wllich I had wrote to him at different times to go by Mr. Blount: the contents of which are chiefly to request his assistance in getting the money paid to our Treasurer's orders. Please to forward them with the warrant, and at the same - time let Dr. Burke know tl:Le reason of 'Mr. Blount's not going on. \With great esteem and regard, I aiu, Dear Sir, your most obed. serv't, R. CASWELL. Saamuel J oinlstorn Es.quti e. STATE RIECOTZDS.40 409 FROM R. CASWELL TO THE DELEGATES FOR GEORGIA AT CONGREI ~S S. [Fromt Executive Letter Book.] No Carolina 7thAMarch 1777. (G'xNvr1TEN[V:-I have the honour to inclose Yon the copy of a letter I. received fromn l:is Excellencly President Buliflock, in c~onsequence of which as Governor of this S tate I have drawn four sets of)bils onI von- for the followinTilg sum1s, Vj1Z 500, 800, 1000 a-rid 1.200 dollars, payable to Capt. Johin iflardy or order. It was not in m-y power to fulrnishi himi with the cash. But I flatter mnyself h e wvill be able to dispose of th~e bi)lls so as to anlswer the samne purpose. T amLl Gent'n, y~our most olbedt serv't, RI. CASWVELL. LE'TTER) FRO.M G3(O'V. CASIWE'LL TO GEN. HOWE. [From Executive Letter Bookc.] NFExW B3ERN, 7th MAarch 1777. ~DEAi SIR Thrl~is acknow~ledges thie rece-ipt oC your lette~rs resp)ectlng, the Troops enlisted in this State <and trkanrslated to the South Carolina and G41eorgia B3attalions, by- order otf3en] Lee,~ and CapIt. Medlic~i. The formner I can no0t fuilly, answer, until you~ informl (agreeable to.your letter) the names of the men, arid. to -what oflicer.s their bounty -was returne(l Wh —en I h-ave the pleasure of re-ceivingr this in-formatin, Iwilldo yself the lpleaslure to write to you fully on that subject. To die latter- give me leave to refer you to the Resolutions of Clongress, a copy of which Ii enclose you. Trill a Court Martial or enqumiry is held on the Catpt.'s conduct, and lie, acquitted, no Coin' n. can issue to him from this State. I shall always be liappy to serve you., or any Genitleman you miay think proper to recommend. Nothing new here. When your leisure will permimt yon., give inc leave to solicit a line fromt you. 'Twill give me pleasure to hear from you on any occasion. I aia with grreat respect and real esteein, IDear Sir, 'Your niost obed. serv't. R. CASWELL. Brig. Gen Howe. 410 STATE RECORDS. LETTER FROM GOV. CASWELL TO BRIG. GEN. JONES. [Executive Letter Book.] NEW BERN, 7th March 1777. DEAR SIR:I rec'd. your favour of the 18th ulto. a day or two ago. Your conduct respecting the prisoners is very agreeable to me. but I am concerned that Capt. Dickenson has not carried the Resolution of Congress regarding them into execution. I do not know the names nor the number of prisoners who are in this State. When they are all collected at Halifax, if you will be pleased to firnish me with a list of their names, I will certify them, and give a letter of a credence to Capt. Dickinson agreeable to a Resolve of Congress. It will be necessary to certify the q(uality of the Officers, and to what Regiments they belong. This in-formation you will be pleased to give me. One Angus Campbell who was paroled to Guilford has leave of the Council to retire to Cuinberland for the benefit of his health; this man, I am told, is a dangerous person in that part of the country. If he is not called to Halifax pray direct Capt. Dickinson to send for him. I flatter myself you will do everything in your power, to get the prisoners collected from every part of the State to IHalifax, and thern ive e e notice, that I may perform the duty enjoined on me by Congress. The Council have advised me to direct that the Treasurers supply the prisoners with money agreeable to the directions of Congress which will muake it necessary for me to have information of the sums they have respectively received, and the number of weeks they have been prisoners. This trouble I must also give you. So soon as these things are accomplished, be pleased to send Ine information by express, when I shall delay no time in doing what is incumlbent on me, I am with great respect and sincere regard, Dear Sir. your most obed. serv't., R. CASWELL. Brig. Gen. Jones. STATE RECORDS. 411 GEN. JA. MOORE TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, March 7th, 1777. DEAR SIR:I herewith send you a copy of a Resolve I have received from the Continental Congress, ordering me to march the Troops belonging to this State to join General Washington: which is as follows: " Resolved that General MIoore anrd Gcnl. Nash proceed with the Continental Regiments raised and to be raised in the State of North Carolina; that they begin their march from South Carolina of such of the said Regiments as slhall be there then, on the l10t day of March next, and of such Continental Troops as shall be in the State of North Carolina, as soon they shall be joined by the Regiments which are ordered from South Carolina, as aforesaid, the said Troops are to be inarlched by Regiments, or parts of Regiments, and that the Governor of' North Carolina, and the Executive Powers of the several States through whichl such Troops shall march on their way to IHead Quarters be requested to render thein every assistance in their power to expedite their progress: that General Moore be empowered to draw on the Continental Paymaster of the Southern Department for such sums of money as shall be necessary to procure supplies for the said troops until ticey join the Continental Army; and that all Commissaries and' Quarter Masters in the Continental Service, who shall be in the States through which they pass, contribute their best endeavours to aid in carrying this resolve into execution with all possible expedition." In compliance with Resolve I applied to the Commissaries to furnish provisions at different places marked out in the route I proposed to take, and to my surprise Mr. Mallett, one of the Commissaries, who is at present at Cross Creek wrote the following letter to his brother, who is his agent in this town. " It is necessary to acquaint General Moore that, by some means or other we can not command money from the Treasury as formerly; altho' we are now 6000 in advance for provisions laid up, and that unless he can give some orders so as we shall be in cash, it will not be possible the troops can be supplied." From the above, you will perceive, Sir, that it will be impossi 412 STATE RECORDS. ble for me to move from hence, until orders are issued to the Treasury to furnish the Commlissaries withl such sums as may be requisite for laying in provisions at the different places I have appointed. Your informing ime as soon as possible what measures you and the Council of State may think proper to adopt, will much oblige Dear Sir, Your most obed't. humble serv't., JA. MOORE. His Excellency Richard Caswell. P. S. The Troops have Conltrary to my orders, been detained in So. Carolina by General Howe, but I am in hopes they are now on their march. LETTER FROM GO.V. CASWELL TO GEN'L MOORE. [From Executive Letter Book.] N IEWB3BE.RN, 8t" march 1.777. DEAIR SIK, I have your favour informing the time you propose marching from Wilmington, and the route you intend to take, since which I have been informnled by.Maj'r Brewster that s)y some means the Troops have been delayed at Charles Town, so tlhat I am inclined to think you will not march so soon: therefore can not now appoint a time for the meeting of the Council, but shall, do that on rece't of further information from you. The Congress have required me to informr them the state of the Army here, as well of the 6 first Regiirents, as of the 3 last raised or raising in this State. I must therefore request you will be pleased to order a return to be made me as soon as possible, and that the namnes of tlie Cormmissioned Officers be inserted in such return. If it were possible, I should be glad to know who of them you think proper to order to the No. ward. that Cor's. from the Cont'l. Congress may be filled up for them before they leave this State. I amn told there are Corn's. here for six Regiments.- In the mean time I have filled up the Comr's. from this State to Col's. Lamb and Lytle, which I herewith enclose, and request the fav't. of you to deliver them. I shall be glad to be informed if you approve the filling in the Con't. Corn's., and what assistance you think you will have occasion of from the Gov't. Council on your march through this State. I am with great esteem and regard, Dear Sir, &c., R. C..9 STATE RECOIRDS. 1 413 To Gen. M'oore. P. S. I hi.ave requested Col.. Armnstrong of the eighth IR.egimient to miake inc a return onl his arrival at Halifax, and to re(quire the same, of every commi-anding oflicci', at Halifax, of such lparts of the1 respective Reg'iments as hie mi~ay fiiuid there. It. C. LET1TER FROMik R. CAkSW'EL__L TO A. MACLAINE, EIS(. [From Executive Letter LBook.] NEXT,_ 1JERN St M'ardi 1,777. I have the pleasure to acqulaint you that' the Council has approved the conduct of the Con'rs. of the Ironi works, and] advised mne to direct the Treasurers to l)ay their drafts to Montgomnery and Wilc-ox, and al so any othe.,r sunis they nmay require, not exceedlirig. ~P2500. A copy of the Cotunctil's resolutitions I have inciosed i letter -to Capt. Rowcan, -which I.1 beg( the favour of' you. to forward him; and I have ri-ven. the necessary directions to i-ir. Treasturer Ashe, in a letter I -also send~ to your care addressed to him. I ain,1i)ear Sir, Your miost obcd't. serv't., It. CASWETLL A. M1aclaine, Esq. LETTER FROM GOV. CASWELL TO ROB. ROWAN, ESQ. [From Executive Letter -Book.]:NimiEW13iNu 8th Mlarch 1_7 7 7. Inclosed is a copy of the Resolves of Council respecting the con.duct of thre CJommi-issioners of' the lIron works.-Yon ha-ve th,.eir approbation, as wvell as -mine.-I have wrote to Mr. Treasurer Ashe to pay y our drafts in favour of' Montgoer iad Wilcox, and also any fu-rthier sums, you. nay want, iiot excee~lilmg ~2500. This I[ hope hie will. comply with, and. ena'ble the Comnm'rs, to carry on the works, wIth sl"irit. 1 am, (lear Sir, your mnost oibed. serv't. R. CASWELL. ROB11. IROWAK,) ESQ. 414 ~~STATE RECORDS. 414 LETTER FROM R. CASWELL TO JOHN ASHE, ESQ. [Froin Executive Letter Book.] N EW13ERIN 8"' March 1777. DEAR SIRr:In1 pursuanc of tihe advice of the Council of State, I amn to request that you. pay to tb.e orders of thie Coin'rs. of the Iron WorlKs, the following sumns: to wit: one diraft in favour of M-4ontgomnery for ~:223.1 7.1., one other (haft in fav our of Wilcox for ~4043.2.3., anid ay further sums~i, they may have occasion for, not excedin ~12500. It appeaftring to the Councill that it is albsolutely neccessary that the work5c shlould 'be.carried o-n with spirit, they wvere induced thereby to recommiend the above measure, which 1. I-atter niyself you wNill comp)ly wvith when. in lyor ower. 1 amn 1Dr. Sir, yfour mnost abed?.- serv't., I't. C A SWIELL. JOHN ASIE, IESQ. LETTER FROM WILLIE JONE1"S TO GOV. CASWE'LL. [From Exceutive Letter Book.] Mlar. 8t" 177-7. DiEA.1 SIR:I aiu informedl 'by the prisonmers of wvar* at Halifax, that the late Convention niade anl ordler that they should be sent to the 'Northward to be exchlanged. They have waited. with anxious expectation for this order, lut as yet it is riot come. to handl. I observe that the Council of Yirginila have dlirected that all the p~risoners of war in that State should be conducted to the Northward by the recruits -which are to iuarechl for the Continental Armly. —As our forces are to mnarch to the 'Northward soon, the expence of a particular guard for the prisoners inight lbe saved, if the order is forwarded in timle. If the R-esolution above nientionied. was adopted by our Convention, and is to be carried into execution, you. will oblige mec by sendino. -it as soon as mnay be, as the prisoners are vrery very obnoxious to the people here, anld for thiat reason amnong others 'very an~xious to leave the lplace. I am iDr. Sir, your mnost obed't. and very humble s't., WILLIE JON ES. 1-us, 1Excel~eucy %Iichatrd Caswvell, Govern or of North Carolin a.. STATE RECORDS. 415 LETTER FROM DUN. McNICOL TO GOV. CASWELL. [ From Executive Letter Book.] HILIF.AX, M:arch 8th 1777. SIR:When the other Gentleman ibelonging to onr I'Reg't. and myself signed our parole to the State of South Carolina, we were coi]ducted to Salisbury by an officer withlout any otler guard; our traveling charges were paid by the State, and horss and saddles found by thein to forward us in a nost gentccl manner. In hope I shall be forgiven to trouble your Excellency with our treatment si nce: In the mo.1t]h of Janlllua r last, 13. General iRutherford ordered us away from Salisbury to tllis place, under tle conduct of Capt. Martin Fifer, who ordered a wagon to carry our baggage.iitd h-orses for ourselves to ride to Iarrisburg, when lie met with Cornet Childers of Capt. Dickenlson's lighlt horse who had lneither hlorses for Ius to ride or mroney to bear our expenses. HIe alpp)lied to Ge-neral Parso ns for inrstructio s about us; the General told himn lie d(id not look upon himiself invested witll aliy authority to give himin any orders concerning us, as the Congress hadl girven instru.ctions to Capt. I)ickinson to bring all the prisoners in the State to Ilalifax; tha.Lt we were prisoners upon parole from the State of S. Carolina, and had a certificate of our good behaviour from the Commtnittee of Salislbury lie therefore thought it improper in himi to lne(ldle il our affair, could not help thinkin.k it ineonsiderate in Mr. Childers to take charge of us without (Capt. Dickin-sop's order. Childers conducted us to this place on foot, with an escort of nine or ten. light horse; we had our travclling charges to pay ourselves: usage indeed quite new to us, we did not meet with any such since we were admitted to our parole. Upon our arrival in this place, 1'3. General Alien Jones ordered two sentinels upon each door in Mr. MAartin's house, and two rooms in the gaol to be cleaned, and sent us a parole to be signed, giving us 0oly til lib.crty of tlhe town of Ialifax and two miles on the southside of the..oanoke i;ver; unless we were pleased with tlat, we should be immediately sent to gaol: for my pl)art, I am am soldier these eighteen years and suelh treatment of prisoners of war I never saw or heard of, Ini'less their own imprudence merited it. I look't upon it that our parole to General Robert Howe and the Presidernt of 416 STATE RECORIZDS. South Carolina was sluli'ient, nor could I find out either then or now any just cause for breaking our.pairole with the Southelrn State especiall.y when all a.ccounts concur tlhat, the Itessiai o'-icers who are on parole much nearer the scat of war are allowed. six miles. I hope if wec are not to )be remnoved soon, 'Your Excellency will allow us our formller parole, or order it to be sent bt.ack to us, as I think one:paole is enoulhl for u-, to give. Am. informed the Congress allowed two dollars a week for each of us but am at a loss to whoml to appl)y for the money, and here we have no friends or acquaintances to supply us. It would be requisite tlhat your Excellency would issue an order to pcay us that money, as we have hitherto received no mone6 since we camne to this State, I have this day procured the inclosed from Mr. Jones, which I hope youlr Excellency will. consider of, as our situ lation here is facr froml becing) agreeable, I lhave also inclosed a copy of the certificate from tthe Cominittee of Sal isbl ry. I am: with due respect Y-our Excellency's miost hI unmble serv't., DU:N. McNICOL, Captain, IR. IH. E. GEN. JA. MOORE00 TO (COY. CASWELL. [From Executive Letter Book.] WJITMIINGTON, MIarch 1.0th 1777. SIR, I am just inforined by Col. Pa.tten that two prises has been lately brought to Newbern with a qulantity of small arms. I would recomilrend to you by,all means to have themr purchased for tIhe use of the North Carolina Brigade, and sent to Halifax about the 25th inst., there to be distributed to the Troops, who are greatly in want of themn. I am Sir, your hi'le ser't., JA.. MOOR)tE. lis Excellency Riclhard Caswell. STATE RECORIDS. 417 GOV. J. RUTLEDGE TO GO)V. CASWELL. [From Executive Letter Book.]' COrAs. TONwN, Mairchl 10tl 1777. DE~AR SIR:-I think it necessary to acq(laint you, that. in collsequence of a solicitation for peace, by Deputies froml the Cherokee Nlatioln n ordinance has leen passed here, fort a.ppointilng Atndrew Willilamson, LetRoy IIlramon(l, George Gall)plin, Williall I1( IHnry Drayton, anid )alliel -Ionly E]sq., (omnnissiolnerls alnd IEMlpoweri'lc themn or a majority of therm, to meet such Colmmissioners as iSay be appointed by.North Carolinra, \Virgijnia and Georgia, or any of them in Congress with the C(iherokee (India.ns, or their DeIpu:ties, to conclude a peace with the Cherokee Nation, uplon sucl terms as imay be just and E11quiitable. Tel time and phlace agreed on by the Chlerokee Deputies who came hither for this intended (on.g'iess, are, the seventh. dacfy of May next, and Dewit's Corner, of w hichE I have sent notice to -eorgia, and.now send it to Virginia. Peace with the Indians being a desirable ol ject, I doulbt not, tha t you alndc these States will appoint proper (Cornmissionilrs to meet our Commission.ors and tihe Indian Depluties, ats )abive proposed, furnished with powers to conclude a Treaty of peace. I am with grea.t este.elr, Sir, Your obC(d a. d van( ry h'1". serv't., J. R1 [TLE DG( E. His Excellency. Gov. Caswell. LETTER FROM THOS. BURKE TO G(OV. CASWELL. [From Executive Letter Book.] Pr I I I..A 1) E'L IA, March 1'1t' 1.777. SI R, Our adjourninent florn Ba3ltimore has put all our proceed igs to a stand, and our unsettled situation hias 'prcvenlted my writing to you as often as I at first intended, I believe you hlave no cause to regret it, for I ha: nothing to communicate wiorth your attention. The more experience I acq.uire, tlhe stronger is my conviction, tlhat unlimited powe(r can not be saffely trulsted to any l.man, or set of rmen, on earth, No mnen have undertaken to exercise authority with intentions more generous and disinterested than the Congress, 27 418 41 ~~~ STATEC IRECOPIDS. and none seem to have fewer or more feeble motives for increasing the power of their body politic. What conuld induce individuals, blest with peaceable domestic affluence, to forego all the enjoyment of a pleasing home, to neglect their private affairs, and at the expence of all their time and some part of their private fortunes, to attend public business under ma ny insurlmounntatI ble difficulties and ilenconvelliences? AWlVhat but a generous zeal for the public? And what canl induce such menel to endeavour at increasingl the power with whlli]c they ar1 invested, whlen thei.r tenure of it mlust be excee di. ll'V (ll dangerous ald aiprecar i cl irino' thlm illdib e;'i, and I;-iccciio vidn.ally neitlher pleasl!ue nlor profit? T liis if a questi.on I believe cannlott be answered, but l)y a 1,pla.i) declaration, thllit iPower of all kinds hias an iirresisti.ile propeinsity to ilnrease a desire for itself. It gives the passion of amlbition a v el.ocity wAhlic increases in its prgress; and. this is a ) assi l whli(hll ros propo'tSion as i it is gratified. II Lop}e Sir, you wvill pa rdon me these reflectiorns. I know ticy sthave not escaped you. 3ut I find mnl y atteda.(nce in Congress, shlort as it has been, obtriudes thcei'i on im every day. G-reat part of our timne is conrsuined in debaltes, whose object on one side is to iincrease the power of Colngress, and on the other to restrain it. Tlhe advocates do not allways keep the s:Ime side of the coiitest..The salme pe'rsons, lho, on o ne day e(ndeaxvounr oto carry tlhroulgh some resolutions, whose tende.ncy is to increase the power of Congress, aie often o0n another day very strelnuous advocates to restrain it: from this I infer that,no one has entertained a concerted design to increase the powert' and the atteo:lpts to do it proceed firom ignorance of what such a being ought to be, and fromi the ldelusive inrtoxication whii h poower inl.terially imrnloses on the Inulman mnind. The latter inevitably leads to an abuse a(d corrnption of power, an.d is in m1y hnlumble opinion the pro'per olbject of political vigilanice antd ijealousy. This is what will inisensibly produce colmbinations of' tle States, and such comnllinations will be fatal to thle lib)eties of imatny. It is of little ml Inmeilt to know whlat are now the sulbjects of political speculation. No State is in a condition to c)herish pr(jects of future amnlbitiol; but situation and comparative strength will. always suggest such projects, and the powerful and conveniently situated will cherish them when they can. This wvill always be the case so long as manl remains w'hat his nature has determined him to be. Nor will human virtue STATE RECORDS. 419 be a sufficient security against it: on the contrary. I arn ver suspicious tlhat oiir greatest danger will arise fromll tllat source. Tlhe present is tlhe period of plublic virttle and spinrit; it is also the era of inlexperienlce. Sillmple nature walks almost without diisgiise. Tlhat profound dissimnlllation Ocovered )b an a.)ppearance of the lnost uinrieserved 'fr an kn e ss, al w(. ys i nsClparable: fromC the a ccon mplish. ed political. n eg(otiationl, is unllknownV. almonllst us, (an1d,munst long bole lnknown, becau.se it is to 1e) acqu.ired only by the lmost a.ssidiolls lpplicajtiol, aild long attentive exercise in. the halbit of it. Courts are the only sc(liools wvic're it can h.:)e learnted, land wve yet hlave th.em not, and p)robably shall riot have them very soon. Everv lymanls soul 1now stands lfrthll a.nd in every one you rIea d( in rvery ].egille c1alalract.ers, that the State lie represents is more wise, virtuous, iand i(powerfll than any other, andl therefore ought to dictate to tli rest. Where tlhe more palp)able adva-tntage of power is wa. ntiing', each, in his own imagination suppl.lie s thle siperiority in wisdtlom or virtue; iand t t:lis, I believe in time will be realised. For con:0scious streno'th lbegeets a secullrity which rclaxes the mlriore pa1inful efl'orlts of wiisdom and virtue; while consciou s weakrness spurs thtem to their lig'hest mettle. But, strengtli, Sir, irresistible strenlgtl} lmust in the end overcomie all opposition. Tlihe more powerful States b)y coinbiniing can doubtless subjugate the more feeble, and opposition w ill but rouse thiem to more effectual efforts. I own, S:i, I am under no appr1ehliensions froml the New England. States. T}leir situation and naturalt disadvantages will prevent their becoming formnidlle if nlcolnmbined Ywithl others. Their situation is remnote, iand i.in. a manner detatchted from the other States, especial1ly o1'rs to ttle Southw-ard, and nature has in general denied tlhem a fertile soil. Tuheir pl'i.ncil)al resources will always I)e in coimmnerce and fishlerie. Thllis indeed will give th.em ships and seamen; ibut they can niot s'upport the one, or fit out tile others, without the assistance of other States, and other States cannot be excluded fr'olm fishlinog and navigation. Their strength may indeed be conmpetent to interna'l tdefton c, blut I believe, not to foreign conquests. I tllink the i.ost for1i1niatlalle comlilimniation would ble 1Massachusetts, 'PeTnnsylvvatnia a.11i1 VXirgllia. The first has power sunIicient to overawe, anld c onsequenttly to direct the other three New England States. The second cou'ld equailly influence Jersey and Delaware. Virginia would be formi. 420 STATE RECORDS. dable to her Southern Neighbors, and Maryland. New York could not resist a combination of Pennsylvania and MaIssachusetts. Miaryland munst fall a sacrifice to Pennsylvania and Virginia. Against this powerful confederacy I fear, we should not be able to hold out long: an(d yet North Carolina seems to nme best calculated to check the ambrnition of Virginia, I. cannot help, Sir, al)prehending that anyr resolution of Congress, wherein tlhe three formiidalble above mentioned States concur, must be carried into effect, even if it tended to annillilate the Independence of othler States, and divided their tcrrtitory. I have said that virtue would increase or give birthl to this danger Thus II explaini myself. The virtue mcost cultivated will be that \whlich will most ldistillguish a mlnan in the State in whic(h lie resides. The grandeur and pr:eeminence of that State will be the favorite passion of every mnan in it. A zealous love for its granldeur anl(l p)reeminencee, and a c(pacity to promote it, will be what must l.est distinguish and recomlnmernd any individual in it. In a word l)(patriotismi in America must always be partial to the parlticular States. Patriotism to the vwliole will never be cherished or reg(-rded, but as it nimay be conducive or necessary to thle other. The first will be the lpassion of the heart: the second the idea of the understandling, and whlenever our comnmnon danger is at any time removed, or even relaxed, the latter will lie dormant, while the active principle of the first will exert its greatest energy. No man, can rise to eminence or distinction but throughl the favour of his particular State; because he must lbe obscure until that points him ou-t: and n(o rman can acquire that favor by any other means than convincing them that their wishes will always be the first object of l'is attention,-not to mention that natural prejudice vwhich every man living has in favor of his own country, and the co1mmunlity of which lie is a member, and which the most attentive and liberal education is not able wholly to remove. In this I)articulamr al1 men are 1and ever will be national.. These and many other consideration-s malke me earnestly wish that the power of Comgress wasaccurately defined, and that there were adequate tcheckcls provided to prevent any excess. I aln also exceedingly desirous to have particular instructionls relative to some heads whiiclh sha11l. enclose to you, to be laid before thle Assembly. One thingl nTow eibarrasses me very mu.el. It is this. Whe never any matter wherein the authority of Congress is contested is debated, STATE RECORDS. 421 it is usual to lay it over undetermined. By the rule of secrecy you knowr I am not at liberty to communicnate anything before it is determnined, and therefore can not consult the State upon it. In these cases all our time is lost for nothing is entered on the journals and niothing therefore can give testimony hereafter that such points were conitested, and even rejected by a majority, as is indeed the usual case. IRelative to the measures intended to be pursued by Congress, I have nothing new to add. They are endeavouring at a foreign Alliance, and have some hopes of success: they will increase as inuch as possible their naval force, and are using every endeavour to recruit a strong army, to take the field early in the spring. Their endeavours iin this respect will be in.effectulal if not earnestly seconlded by the States. I have no doubt, Sir, of your particular attention to this important object. II amn often suggesti ng to Congress that the Civil Poxver of the States is the best instrument for calling forth their propoJrtion of exertions in this or amy cause: but they hear with reluctance any thing that looks like the interposition of sneh a power in military alrfaiis,-tho' no one wvill venture directiy to oplpose or reject it. I nieed not reipeatto you nmyN own tlioughts on this subjecti you have oflten theard me deliver theni and I ha-ve not yet changed my opinion. W'ith respect to intelligence 1 w ill. enclose you tlhe 1)papers, and al ything not contailned in them I will subjoin. I enclose you al abstract of' th.e cldeblates in. C:o(.gress on every question. of any consequen e that tIas been determined in Congress since mry last. lBy these you will see what has bedn decided, and wvhy You will from them also better jn(lge of the various opinions or rather the flucttiations of opinion in Congress. This is an evil from which nothing but experience and a better constitution of Congress can deliver us. AMy own opinions, being those in which my country is particularly interested, I wish her to be fully inforlmed of. To you, Sir, her principal guardian I submit them. with all simplicity of unadorned truth; and when they are reprehensible I wish tlhem to be reproved. The last matter in the abstract will show you, that even this early men so eminent as mnenmbers of Congress, are willing to explain away any power, that stands in the way of their particular purpose. 'sWhat may we not expect some time hence, when the seat of power sliall become firnm by habit, and men will. be accustomled to olbedlience, and perhaps forgetful of the original principles which gave rise to 422 4~~2 ~ STATE RECORDS. it. Ii believe, Sir, the root of the evil is deep in human nature: its growth nmay be kept down, but it can not be entirely extirpated. Power will somentime or other be abused, unless mnen are well watched and chlecked by something winch they cannot remove, when they please. This State is -very nnhappy at present so powertfil a party opposes the -new constitution, that I fear thle Mfag~istrate wvili not be obeyed. 1 amn told Dr. I Irank -in persuaded them-, b,) a simile, to reject a second branchl of the Legisla~tue Il ad two ibranches wvould reslemble a wag~on with iw-No horses at the tongue twvo at the tail, w\ho by pulling ojp(si)O Lte ways Would kfee1:) the miachine still.. 1[ thrink tihe sitmile, w-outld- lha-ve l)eni more, ant, had it representedi fonr 'horses yokedI to' the tonue w-hose buisiness it is to assist omme another in pulbupg on. the plains, and up hill, -and througrh aIll difficult places, Mit in goi., donhl. ti two lid most snould op)pose the motion of thre nimachj11ne, and prevent its runningr too fi-tst, to thle pr~jndmice-of horses themselves and all conic(r.nied. ri'lliis simile of' the IDoctor's is said to heave kinidled the present 1ftiane. One can hardlysprs the reflection, ta the people who could lbe so linn c influe-nced b~y it, wvere wvonderfully competent to framen c eonst itu titi.o i s. Our exipense —s hlere, Sir, are incred~ibl le: evry horse is ten shillings a day, -,and every thing else in. pioportioin. Since o-ur arrival in this city, we h1.ave done, very little in Congres,~s. Utilt within a few days we hiad. no Congress, anid now wve have but nine States: the few mem0ibers in town ar~e closely engagred in commlittees, an~d wh~at i[ write is done \when other people are asleep). You will therefore niot wvonder, should you. find it very incorrect. There -are letters from Dr. Franklin in..France of the 10th iDecember. They represent a war in Europe as (certaini.) imml-rinent, an.-d we hIave received -very lparticuliar mnarks of the fcavor of that Court, w\-7hich 1i am11 not at libDerty to disclose. You will see in the papers a iResolution recommending' to the States to assess blankets for the soldliery. This is absolutely necessary, because otherwise su~ch things can not be had. In our State I hope it wvill be attemnded with no difficlulty, because a great many families can spare one at least, and supply themselves again before the \winter by spinning. The m,1oney should be paid in the counties, anld iimdeed if possible imm edi-ately on the valuation, beec-Imse the price will not be worthi STATE RECORDS. 423 the trouble of seeking after, and the individual might lose it. 5Whenever it is necessary to draw for money for this purpose, your draught on the President of the Congress will be duly honoured. Before Mr. Iooper's departure it was ordered, resolved, that five hundred thousand dollars should be advanced to our State, on your Warrant. No such warrant has yet arrived: but some bills from the Treasurers have come to hand. I have consented to their being paid, and deducted out of the above sum; because I knew that was the utmost amount of what was permitted to be drawn, by any means, on the account of our State. The Treasury Board complain of these small drafts as being too troublesome, and wish you would order out the wholc. 'Tis probable, Sir, the Assembly may lnake choice of solme lmore able manl to serve in this Departmrent. I. slhould be very far from deeminlg it an injury to me, and am certain it would be none to the State. I have resolved, very early in this dispute, to decline no service that my country requires me to perform, altho' all oflices are almost eqtually out of my way, and none are desirable to me. But if the Assembly should think proper to direct me to continue in tihis depa rtlment, I lhope I may be allowed to return to my private affairs, for a few weeks in the summer). If I h]ave this permission, I promise, Sir, that I will not avail. myself of it to the delay or prejudice of public busirnss. I blegan this letter )on tbe 1lth instant, and it is now the te wen'ty-second (Malrch). I will probably be some days before I close it, and if an.y thing oc:cnrs, I will subjoin it..March 24th. A vessel has just arrived from FraTnce with ten thousand stand of arms a, a very seasonable supply. We have some apprehension tlat General Howe will turn hlis arins against tlis city, and( we are providing for his reception. I have the lhonour to be with the greatest respect an-t esteem, Your Excellency's most ob'd't. humble servant, THI OS. BURKE. P. S. 'You will perceive by the paper of 26th that the account of arms was overrated. I beg the favour of you to forward the inclosed. 424 424 ~STATE [RECORDS. LETTER FROM JOHN HUNTER JR. TO GiOV. CASWELL. [From Executive Letter Book.] MA.tT I NB'GH1, Pitt Co. March 12th 1777. MlAY IT PILEASE YouR EXCELLENCY. Having been a prison~er in this State since the 20`1~ of April; from which time till the 27th of July I enjoy-ed the privile-ges all owed the other prisoners; but owing to some irisrepreseiitation of miy behaviour to the Council then. sitting at Hali fax, I was sent here where I have been. ever since, clonfined ini the -narrow limits of this town, appearing daily at the house of a commuon. constable; whichl induces inc to address -myself' to your Excellency, hoping it will appear from my uniform- b~ehaviour, since my confinei-yent here, that I niever had any intention of' being a hurt to the cause, while a prisoner; & that my taking, an active part ao'~inst the country was owing to my rrelations, on whotm I was then entirely dependent; ibut heaving since by the death of an un~cle, a val~uable property left me, which -is suffering greatly in my afbsence; anld the unaliterable, reolutiou I hav-e tak.,en of lea-vinig thiis country so soon as I can. obta~11 m1,y release, makes rue wishi to be removed to Ilalifax from., t~iis disag-reeable situation; where 1 mnay enjoy the colinpan~y of mny fellow prisoners, and be ready wvlenever an exchlange may offer: wb ich is all1 I could pretend to claiimY from, your Excel-.leucy's (woodness% that hias so (leservedly acquired you the highest esteem of the captiv es in this State(. And to remnain WXith due respect, youir most obedlient hubeservant, JOiHN HUNTER Jun'r. His Excellen cy Rich~ard Caswel I Esq.. GOV. CASWELL TO( G{EN. JA. MOORE. [Froml Executive Letter Iook.l DoBBS CO. 13th March 1777. Diz. Siun I had your- letter of thie 7"' & 9"" current, delivered mne by thme person who camie express. Th-is inistanit, a copy of' the Resolve of Congress.of whjich youi did m-e the honor to enclose af copy also, I STATE R.ECORDS. 425 received by 1Mr. Hooper on his way home, which was the principal inducement to me to write to be informed of your route, as I formerly wrote you that I might call a Council so as to render you every assistance in our power on your march. Since which I wrote you by Mr. Harnett suggesting my apprehensions of your not being able to march so soon as the 15't by the delay of the Troops at Charleos 'Towrn, but did niot by any means conceive that there was the least probability of delay from the quarters- you mention. It is possible that Mr. Treasurer Ashe, on Mr. Mallett's application to himn, refused paying hi.n currency, as I an. convinced lie has little or none in hand, but I am confident that he would not refuse him bills on the Continental Treasury. The Treasurer'( MIr. Ashe) was flurnished early in Janua-ry with a copy of an ordinance -impowering him to draw for $500,000, on the Treasury of the States; I wrote him soon after on the subject, and illforned him that my wa rrant was sent on to the Treasury, requiring that money which was directed to be paid ( by Congress) to my warnrant, to be paid to the order of the Treasulrers of this State. The warrant I expected would have.gone by 1Mr. 13)lount, the.)eputy layilaster General, who lias since declined (loing, I have sent the warrant to Mr. Jolhnston, requesting him to forwalird it to the Treasury at Baltimore, lest any of o- Our Treasurer's drafts shall be refuised payment; but lest.Mr. Ashe shall inot have receivedO thle letter, 1 now write ]liml and sliall send another w6arrant, that no doubt I hope will.after remain of getting bills at least, which wi'll 1be afnswered the momlent they are presented at the Treasury. If this does not answer I know of no other rmethod to be pursued tlian that of sending inlmmediately to the Congress, lwh ich I shall do upon your.signifying that it is absolutely necessary. I do not know of any arms at EIdenton, but if you canl find out in whose possession ther re are t) belonging to the United States, or even to this State, I think the necessity, of the cause will justify my giving an order for thlem, which I shall most certainly do, in favour of any person you may think proper to require themi to be delivered to. I again request you'l be pleased to let nie know the time you'l set out, and what assistanice you think may be in the power of the Governor and Council to give you on your march through this 426 STATE RECORDS. State. Every thing within the compass of my power you may rely on. I am &c. IZICIHAR. D CASWELL. To General Ja. Moore. REUBEN SEARCY TO GOV. CASWELL. [Froml Executive Letter 3ook. ] GRANV ':ILLE C(OU NTY 'Mtarch 1.3"' 1 777. M[.AY IT PLE;ASE YtOUt EiXC:IIJENCY: Th]e bear(er, Mr. Jesse N'ew, waits oni your Excel.lelncy for two dozen marria.u'e li(cences anid as many Letters Testimentary. Our Represe'ntatives ini-forn that the fees on thom are to fall lunto the benefit of the State, but as I aml not certain they do, should esteem it a singutlar. ffavour to be info-rmned by yolr Excellency whetler they do or not; If any thing should be due on thieln to yourself, will. ace't for it pilnctulally.. Thel office of Re ister for thle county of (-Granville is at p!resent vacant. Mir..lRansoml Soutllerland, vwho htas la:tely becolln' a Resident of our (Cournt, is willingl to undertake tlhat ofiice, & is a good pen. lanl, a'lo ab}le to give the best of security for his jnst c(& ftaithfil iperf( ormlnce tlerein. If xyour Exclleency will co(ndescend to give a colmnission for tlhat offieo, I can vouch for!i is veriacity, &c., tho' I pres1n1ne l e is wlcl known to your Excellency. Shou'd your Excellncey htcave anly dispatches 'for these parts, or to tlhe adjacent Counties, the bearer hereof is a very safe: hand to send themn byl, a1nd vyou may depend, they sha ll be forwarded with the greatest care and speed. I have the honour to be with the greatest regard, Your Excellency('s most obed't. h'ble. Serv't., tREIJ]UEN S'EARCY. P. S. If your Excellency has any printed copies of the proceedings of the last Convention, should be extremely obliged to you for one. R. S. His Excellency Richard Caswell. STATE r-,ECORDS.42 427 GOV. CAS WELL TO JOHN ASIHE, TREASURER. [From Executive Letter IBook.] DOBBS COUNTY, 1.3 31 March 1,777 D1)n.NRp Sin It is with extreme concern that I inforni you I have this moment roe' dinformation fronm Geniera] Mfoore, thiat theimarchl of the Troops to tihc No xxard is liks-e to he de'layed on account of the Commiissaries' not being able to supply the necessary provisions on thle road, for -filt as Mvr. MA.ailett suggeosts is his ciase, of being supplied fromt thle Teasniy with cash. I hope you have been able to sell bill1s so as to enable you to furnish themn with the(, Currency;if that has niot been the case. I flatter inyself they xviii take bills on. thle Continiental Treasury, whTI ich I can have fl( (Ion lt you xx ill be justifiable in g ranting them- to a recasonalble arnount; cain cI st ~you shouild not have received illy letter wrote, somie timne past by Col. IBlount, I inclose a, duplicate of awxarrani-t I sent- to Mir. Johnlston, some few dlays past, wic.lih was done, in consequence of a Resotve of Congress, a copy of' xhich is at thre foot of the warriant. This appears by that. resolve, to be necessary p~revio1.s to the TI~reasury mnaking an1y }) ay iients to outr Treasur-er's ordlers; therefore I thour ht it expeodie~nt to senid such warrant torward as soon as possibI(e iudecd it wmas inteunied to have gone with Col. B~lount the day of its d itt bu.t hie hafs declined going to jal-ti-more, xvhere the Treasury is now. For God's sake, give e very assista~nce in your powver to facl(itaite the 1marchling of the Troops. W~e do not know hoxw necessary their assistance may be in the Jerseys; and as the Assemibly is neiar, I ho-pe we shall then b~e able to redurce any other warrant, or mnere, matter of' forin for these -purposes, surticient to justify our conduct iii these l1),aitieula1rs. Iami &e..RICHARI) CASWELTJ. To John Ashe. R. GOTTEN TO GOV. GASWELL. [Fromn MS. Records in Office of Secretary of State.] Sint It appears from your Excellency's good and worthy Authority that you have granted an administration to William Cotten on the 428S STATE rIIECO')RIS. E'state of Willis Cotten deceas't. We who hiave an interest in that small. Estate often denied William Cotten to a(.iminister till he at length Principally Refused, ------— J ---ames Slatter who was Birotherin-law to the deceas't and greatest Creditor, also, applied to Court in a fair open mananer and an Aclministration was granted to him an order of Court for the day of' sale, &c., &c. William Cotten finding this to lbe the case then ilmm-ediately applied to your Excellency's assistance and as I expect did not tell you the consequlence thereof, which the Sheriff wsas (lilbious lie had not told you the Truth in that affair, and as SIuLchl did not sell beclauise Cotten refused to deliver the effects. Cotteri now intends to sell them hisse't as the Sheriff Refuses to sell thern till lie miay see you, and as sucll please to send me a li~ne by M-r. auld whether the Sheriff may sell or no as he desired me to write knuowhin I should have a quick o}portlnity. I am with Consent Your most oibed't. Hluma'` serv't. 1_I. COTEN G+OX. P. HENRY JR. TO GOV. CASWELL. [From Executive Letter. Book.] \X I.~A. 8I I UuIt, i~Ar- ch 1 4"I j 77 Aunthentic advices from thi.e Cherokee country leave Tio roomi to doubt a war wvith. part of that nation thiis sprt>ing0. Tle Draagriil. — Canoe's party is now 4 or ) hundred warriors, and they are 'separated froM the rest of the 'naftion Twith sentim'ents of determined hostility to the United States. The old men and. chief warriors, we are told, are averse to war; and in order to onitivate this good inclination we are 'enleavourmng' to treat at thle great Island of Holston, with the Chiiefs miany of wlhoum express a desire fbr suchi a measure. Our Commnniissioners who attend for that purp)ose, have it in chiarge from me to signify to yoU the time {nid pilace of this Treaty, in order thizat you may cause your State to l)e represented there, if -it is thought necessary. I have ordlered four huvndred men under Col. Shelby to be assenibled. from the -more interior counties to gnard the frontier and to remnain On thee defensive for the present, lest offensive ineasures might deofeat the intended negotiation, and unite the whiole nation aoainst us. Indeed an e STATE 'RECORDS.42 429 expedition at this timne would ineet wNithi great difficulties on imany acco-unts bu-t more especially on account of provisions. I. heartily wish the people of your State wvould cooperate with us in the schem~e of defence, and, in case, of aIn expedition lend -us thieir aid. Should they attack the Indians while we are'en~deavou~ring to treat, 'twould defeat our purposes and coinipletc the scheme of -the enemny's agents, which is, to unite all. thec towns in thle British Kinlg's- interest. On. theC contr(Ary, if' oUr v-Niews in~ the treaty can be anlswered, we mnay so divide the niationI, that the disaffected party inay b.e prevented from doing any timing. I h1ave the Honor to be, Sir, 'Your mco. obt. hh1,1e. serTt. P. HENTRY, JRh Hils Excellen cy iRic-hard. Casweiil. TO GOV. CASWELL FROM GEN. R. H1OWE. [From Executive Letter B~ook. I SAVANNZAhl IN GEORGIA -15'l Marchi 1-777 TREAR SIR I just wish to inform you thlat Capt. Mmurphree, the bearer of this letter, has through the whole service, since he commenced officer, every part of whichi has been very fatiguing, arid some of it dangerous, behaved with spirit, and in every particular worthily. I wish to recommend hirn to the notice of his country, whvich Ilie truly deserves, and which your interest in obtaining him wviii. much-1 oblige Dear Sir, your most. oh. serv., I I. 1-10 OWE. Hlis Excellency RThch'd. Caswell. c4OV. CASWVELL TO IREU13EN SEARCY, ESQ. [Fromn Exectutive LetterB1'ook.l Do-imujs COU~jNTY, 16t' Marcli 1-777. Silt I have, agrecaily to youir request., sent your by Mr. Jesse N ewby, twenty fbur marriage licenises, andl as mnany letters Testamienitary, 430 STATE RECORDS. and taken his rec't on your acc't. You are to receive the usual fees on then, and acc't with me for the same. Whatever might have been the intention of your late Representatives, I do not know; but the Congress in the Constitution have directed a salary to be paid the Governor for his public services; that granting marriage licenses and testamentary letters is of utility to private persons only, every nman knows; and these Gentlemen know they passed an or(liniance enforcing the acts of Assembly till the next session1. TUlidcr tlhese I issu e those papers, and( under them I expect to receive fees, unless otherwise directed by the next (General Assembly-. I also expect you wi.ll ace't with me for the fees on ordinary Licences, whlich you have issued (during my conit'e in office, without the General Asse-mb'ly shall think proper to direct the contrary. Col. S(o-ltlher]la is a Gent'n wit.h w1hom I lhave the pleasure to be acq(al inted,l and wou.ld gladly serve; but tlhe late Congress seelled to inlcline to consolidate the offices of Clerks and Rlegisters in each CouInty; for which reason I have not issued a register's conmmission in any o0ne instance, nor do I intend doing it. till the ineeting, of Assembly. WhTatever they determine in this or any other matter if I ( ontinue in office, 'twill be my duty to pursue. The prinlter has been so busy about the Ordinances and Journals of tlhe late Congress, that I have not been able to get him to strike off mty blalnks for me; and thle last time I was in New Bern (about a week past) he had not quite finished the Journal, so that I have it not in my power to supply you with a copy. I have no dispatches for your neighboring counties, but amn greatly obliged to you fboi your friendly offers of conveying such as I might have. I am &c. RICH-I ARD CASWELL. Reuben Searcy, Esq. Clerk of Granville. FROM ABRA. SHEPPERI) TO GOV. CASWELL. [ From Executive Letter Book.] MIOUNT DRAYTON, March 16't 1777. D1EA A SI IYour nmuch esteemed came to hand last night, & am greatly obliged to you for past favours, and much so now, as I shall be STATE RECORlDS. 431 glad to serve my country in that station under so noble a General as General Washington, I have the vanity to think that I can raise a regiment as soon most men can, provided I have the namlinl.my officers. There is three C:apts. now in this Battalion will lbe glad to serve. They an d ttcir hfcers and many of their men. are ready to enlist, and I believe that if tlme (Commisrrsio1ns could be got here before we were dis)bandd, th]ey would get b1est part of their coimpanies, as they have pretty full comlpanies here. Capt. An drew Surry lives near the Virgin:ia lilne, anJld his Imenl are mostly J'e rsey 1and Pennlsylania l.)red, and( are on'.d of going to the North with hihn. C(,apt. Collield, and manyl3: of his coinparny have promiised himl ilhey Swill 'go witlh h i:im. Capt. Abra. Shepperd has the prolmise also of good I)art of his company to go w itlh hlimi, provided( i go myself, an1d sunndry y)oung m1en in tlie otf lhe comnpainie s c(cla, re they will also 'list with the above CapIt. und(er ny comnland. I s'iall gladly accep: t of tlhe appointment, ad (i sh.all el)pre l ) el accordingly, and m:ulal e whiat disp.)atch. ho()n I can a'fter our timen:1c is out here, in or(der to raise thle lm3en, C1o. i)auge, eI. believe will talae thie Lt. Col.'s Commlissi.onl, 1which if itc will thllere is two m1en that can raise their companies inr hlis part of tihe country. He is now gone to (Charlestowin, but I have had some discourse some tipme latst with himn about rais.ing a:new regiment; he sceemned then inclined to serve. Capt. Si. Stephenson will make a good otticer, if 1I can prevail on him to se'rve. The others I. am not acquainted withi, but only, as I have been informed, they are good mi:1e and iha-e goodl credit with the people. I should be glad to have thle..)aymraster.a m11ant that wo:nuld be vwilling to oblige ne, as the officers that have been u:p here comlplain mostly of their paymaster's neg]lect: also the conmnissary wThich is tle main nmattcr, to have good provision and well served. I was aware of mly min listing in the South Carolina service, and have prevented therm only about three or four, that were men that had n o ab)idence, and they chiefly deserted within. a day or two after they listed. Col.. Polk's officers listed pretty many, and Col. Armstrong's. Capt. RItaiford listed some also. This State have failed of their promlise by Chief Justice Drayton; Since our station' here at Camden thle President sent his comllplimlenlts to me, by Col. Polk, that lie would send up the paymaster in three or four (ays; but no paymaster has ever appeared yet, although four weeks 1past. Our men are all. healthy, (and not a maTn has bleen sick, and are in high 432 432 ~~STATE I-ZECOllDS. spirits, as we have plenty of good beef and pork, but no thanks to tie South State: we sent and bought it in Our own State. Thiis is tli~lostmieralepart of God's creation, both 11nadlns 1 am, IDr. Sir, your niost Olbedient hiunuible serv't, AI13'RA- SiI1Ei~PIERD. ]I-is Excellency. FROM JAS. B3LOUNT TO GOV. CASWELL. LFromi Executive Letter Book.] ED)E N-F)NTN, AIarelh 21`~` 1-777. SIR MAr. Samuel. Johnston tells mne he, hath no mnone-,y in the ireasiirv. HeI, made mcl an., offer of bil is on the Continental Treasury for the amount of your w~arrant, but not b~eino' abl~e to ipurclase. mnore than between twenty and thirty pounds of pr1)017, I1 have not taken any bills, yet, boat have taken all. the, care and Tpain~s Inl my1 power to purchase that comm-odity agreeable to your Excellency's and Ciouncil's orders, but ain posltive it canl n)ot 1)e hiad under eight p)ouilds per lbarrel, any where upon R —oanoke or in the neighbor1100( of Virginiai as it bears tile urice Of nearly qu-ite seven. pounds, [lie currency of that State; I could yesterday have purchased almost' one hundred and fifty barriels, c —oul'Id I have g'iven (eight pounds instead of seven. If your Excellency shiall. think proper to give mne any further direc-,tions, I shall be v~ery glad to, hear from you. as soon as p)ossilble. Fromn 5jr Youi-rs with great respect JAMEFS B3LOUNT. flis Excellency Richard Cjaswvell.. P. 5. I've bee~n -very iilnwelfl ever since I saw yout~r Excellen-icy) last. LETTER FROMA ALEX. MART IN TO GO4V. CASWELL. [Froin Executive Letter B~ook.. WVILAIINGTON, M-arch 28"th 777. Mlay it lpleasc your Excellency: I have, sent you. tihe Rozster of tile second Battalion of the Contiinental Troops of this State wirth thie dates of the several officlers' STATE RECORlDS. 433 appointrents: as it will be necessary that every officer should have his rank ascertained wheli lie joins the Continental Army by Conmmission. For which purpose, Col. Patten, or Adjutant Ingles will wait on your Excellency to klnow your pleasure thereon, and whatever Commissions will be made out, t.hey wTill bear them to ime or to the G -entlermen concern ed. I arm witlh d(ue esteeln Your Excellency's nmost humblle servant, ALEX MARTIN. G. JOHNSTON TO GOV. CASWELL. [From Executive Letter Book.] lI1 \.:)DQUA 'TER' S, -Moiuits TO.W.N 29th' Mlar(hl 1777. SIR,.IBrigad(lier Geneoral Knox does me the fIavou.rl of transcribing1 p1art of a letter which lhe this momlent received. from Col. Jackson coinmnandling one of tlle 16 additional Battalions. " Boston 20th March 17'77 News, glorious news! Last Tuesday a large Ship arrived at Portslmouth from France: she has on board 1000 br'ls. powder, 12000 stand of arms-I say.1.2000 standl-a conlplete set of cannon for the Frigate at Portsmouth, and a very large q(uantity of linens, woolens &c., 'c., with a French Genreral, Col. and.maajor. These Gentlemen came well recommended by Dr. Frankilin-She brings an account, that at the sarme time and finom the same port a French 50 gun ship sailed for this port, with 50 brass field pieces and other warlike stores. All and every part of tlis may be depended upon as a fact. Yesterday arrived in this place two very fine prise ships from London, loaded with worth ~50,000, sterling."-Colonel IHazard, now at Fishkill, writes His Excellency in these words " I have received a letter from Boston, dated 20th instanlt, from which the following is extracted. ' On the 8th instant arrived, at Ports1mouth, an armed vessel of 14 guns, from France. Her cargo consists of 12000 stand of arms, 1000 br'ls. of powder, flints, gulls for the frigate there, woollens, linens, &c, &c. She has been out forty days.-A 50 gun ship sailed at the same time, fion the same place, for this port. We expect her heaving in sight every ]hour. 28 434 434 ~~STATE RIECORDS. She is richly laden with heavy artillery and military stores. Two very valuable prises are- now riding in the harbour, both from London. They have woollens, linenis, and sumimer clothing, to a great amount. I had almost forgot to tell you that thle Court of France has remonstrated against any mi-ore forcipners, being ibroug~ht to America, & thiat UPOnI Dri. 'Fran~klin.-'s arrival there, they demonstrated their joy by bonfires. Let me add the certain arriv~al, at Philadel1.phia, within. a few dlays of' a Vessel from11 FranIce ith 6800.) stand of' a-rmns, & 1.500 double bridled guin lock~s on the pu)n'bic account, & 400) st~anid & several hunidred locks on aclcoun.lt of Capt. Stoclk-or.' With great resipeet your mnost obe-ldjent srat C11. JOHNSTON. His Excellencyv R~ichard C~aswell, (3ov. '& C. LETTER FROM GOV. CASWE'LL TO THE JUSTICIES IN ORANGE. [From Executive Letter Book.] lDOBBS Co. 30th March 1777. (4 ElNT'N It is with real concern. that I this mnomnent rec'd fan acc't fromt Mr. l.(inchin that no Court of Oyer & Termuiner was lIeid at the tune appiointed at i-illsborou~h. I1 have also received a petition from sundry per'son)s, prisoners imn the gaol Of your dlistrict comlplaiiiing of the length of, time they have been imprisoned & now lik~ely to continue by ineans of the Court's faflling through, &r requesting, suchl of them whose supposed crimnes are bafiable miay be adm,1itted to bail accordingly. I therefbre take the liberty of recommending their case to your consideration, & fromi the feelings of humanity am induiced to request that you. will. be pleased to enquire into the nature Of the testim'rony against each of themn, & bail suchl as are likelv to be convicted of capital. crimes, as in all other cases I[ presumie bail may be taken in sums proportioned to the nlature of thie elm arge. Iamn with great respect your most obed't. Serv't. Rh C A SWE LL. To time Justices in. Oranige. STATE RECOIRDS. 435 J. KITCHIN TO GOV. CASWELL. [ From Executive Letter Book.].IIT.rLs'l5BOovUG j, 30th' March 1777. Permit mne to return yonr Excellency my thanks & acknowledgements for my honorable appointmlent of a Judge of the Court of Oyer & Termliner for this district. IBut, at the same ti.me, it is with real concern, I inform your Excellency tlhat, together with lMr. lrnn's in flexible ob)stinacy, & my difildence fiom consciousness of nmy inexperincne & want of abilities to discharge the very ilml)ortant & arduous duty of a Judge, thlere was no Court. I am sorry to sary Mr. Penn's excuse wa-s a very faint one; & of which lhe did not inforrnm me in his answer to my letter, sent himn inmmediatcly upon the reception of the Conmmission, but, on the contrary gave me to understand that lhe would sit in conjunction witll me. I wrote himI expressly that I could not by any means recolncile to myself, acting in so important a department without a co-(adjutor, for the reason above, especially as the crilninal Laws of this State are now rendered extremely vague & uncertain. Thus much I have thought proper to inform your Excellency, least by mlisrepresentation (which but too often happens) unfavorable impressions should be made of my conduct in this instance. I have the honor to be Your Excellency's most ob't. servant, J. 1UTC(I-IIN. JOSEPH HEWES TO GOV. CASWELL. [From Executive Letter Book.] EIDENTON 30th March 1777. DEARU SIR: You will no doubt be surprised to find that I am still in Carolina, I filly intended to have set out for the Congress in Feb'ry, but I have been so. much indisposed almost ever since I left i-alifax, great part of the time with' rheumatism, that I did not tlink it prudent to engage with a more northern climate lest I should be laid up on the road, & be useless to the public & my own private concerns. I am now getting much better & should have set out 436 STATE IRECORDS. about this time had I iiot lately received some letters from Mr. Morris Chairman of the Secret Comirmittee of Congress, requesting rue to dispatch two vessels that are now here loadi~ng with tobacco on Continental account & ibound *for Na~ntes in old France. He says reinittan(ces are much wanted, & strongl.y urges the necessity of getting morc vesels to go the samec voyage. As I am- a ienmber of that Coimnuittce, & privy to most of their transactions, & am now alread) deoin their lbusmness, I ain alnmiost as nmunch in the way of nliy dutx- as if 1 wals at Cong'ress. If 1 was tihere inuch of my time would 1be ta~ken tip in chartering & loafding vses hr were but few mnercihants in tha-,-t Assemiblywhc make tkn of business fall heavy on M~r. M11iorris & m.iyselfr. These circumstances, 1 thought prop~er to mrention. to -youir Excellen-cy, lest youi should thii-cnk-me tar(ly. I. want two vessels now for Continental service, one to gro to old Fi1'ance, the other.,i, to M!a rtin ico. They are not to be had hiere on chatter,, & 1[ hlave no power to pu-rchase any on Con~tinental. account. Wouild it -not be adlvisable for this State to purchase two or three good -vessels & hire themn to mne for the above servrice. I. have poiver to give high w~agces for su~itab~le yesvels & to insure themn? This plan would( greatly serve thie pub-lic clause, & couild niot l)e attended with any loss to this State. -If' any other yne-thed could be Il~it uIpon by which I could lbe furnished, I should be exceed iugly glad to have -your, E]xcellency's influenc)es to expeolite -it. I ain witli greaC-t respect and eistecumi, \ou r -Excellency's mnost obed. iunim. serv'ant, JOSEPH HIEWES. 1-is Excellenc-y R'ichard CaiswNell. Goy.&. GENERAL WASHINGTON TO GOV. HENRY. [Fronit *Executive Letter Book.] nQUAurTIMis, MO3i ON March 31st 1777. Capitain Deshiield of' Mr. 1l3uchano's, shiip, fromn 13altimnore who, was5 takenlbv the enemy & carried ' 1 into York,], m.adle his escape from thence on. Saturdaty evening, Ilie in formis tioat three thousand Troops B-ritish & Hessias em1'bark~ed about ter. days ago froir the STATE REICORDS. 4371 city & Staten Island on board transports which were lying at the latter when he came away; lie adds that the enemy had 'built & are building a number of light flat-bottomed boats, about seventy of which1 were finished. Capt. Deshield says it seemed to be the general opinion and conversation, that this embarkation was for Chesapeake Bay, with a view of making a descent oni the Eastern Shore, or that the Troops were to proceed to the head of Elk, taking Annapolis & Ialtimore in their way: there were some who thought it probable they were to go up the North River & attempt the Highland Fortifications. I have written to General MeiAeougal & Clinton desiring them. to make the best preparations that cirunmstances will admit of in case the latter should be their oblject. Capt. Deshield heing in company with the Captain of the packet, but unknown to him, heard him say that a war with France was minch expected when he left England which was about the beginning of February. I hiave the honour to ie w-ith respect, Sir, Youtr most obed't. Serv't. W. WA.ST1I N GT'ON. [Above enclosed in Gov. Ilenry's letter of Apr 11, post.] THios. BURKE" To(OV CASWELL. I-Fromn E'xecutive Letter Book.] -I'l.1IIADETAI.ELPA, April 1'" 7 77. I Wrote you by an op portunity which. went hiom-le last we~L, & now take the liberty of troubling you with a few lines, 4uliose purpose is to inform von of some interesting inatters tit4at have comlie to light s-ince that time. One Molesworth aq periom of some crcedit in this city wvas detected in an attempt ~O-corrupt the pilots and engage several to go to,ew Yorlk in order to bring rounnl the the fleet. r1'hese honest fellows received hin, & so 'ordered thIe business that not the least doubt remiains of Iiis guilt, -\which lie found so evident that dissimulation was vain. & lie confessed it. -le w-,as tried by a Court —iMartial as a spy, found guilty, and executed. Sonim of his coadjutors are still in confineinent, & sonic princilal conspirators are not yet apl~roeh-en(ed, but wNe have hopes of being, masters of them in a shiort timre. L-Jetters frdmn Fraiice of the 21"t January bring majny)leaasin g intelligences. Some l)pa't 438 STATE RECORDS. must not yet be communicated. Two millions of livres are il bank in Paris, ready to answer our drafts. France and Spain are exceedingly friendly to us. And twelve thousand stand of arms; twenty tons of gunpowder, a quantity of woolen and sundry necessary articles are arrived at Portsmnouth in New Hampshire, in a 1'7rench armed vessel; imany others are on their way, & expected every day. In short, Sir, our prospect begins to clear up, & nothing is wanting but some vigorous exertions thiis season. I am sorry I can not give you a good account of our army, our recruits come in very slowly, & I fear there is very great abuse in the recruiting department. We have at present our whole attention bent towards the ensuing campaign. We are in a pretty bfair way, if recruits do not fail us. Everythiing in Europe bears the appearance of a war, & I should not wonder if the flame should catch this slummer. At all events, so apprehlnsive is England, that she will not dare to mlake any vigorous efforts in America. I shall not, Sir, take up any more of your time at present, but shall trouble you again when anything interesting occurs. I have the honor to be with the greatest respect & esteemr, Your Excellency's most obed't. scrv't., THOS. BURKE. Governor Caswell. GOV. P. HENRY, JR. TO GOV. CASWELL. [From Executive Letter Book.] WMVSBuRGIm, April 1st, 1777. SIi~:Last spring tle Convention of tills Conmonwealtll directed two large Galleys to be built for protecting your trade & ours. Will you be pleased to tell me in what state they are, & how soon they will be fit for service. A. considerable quantity of European goods were sent from hence to Edenton or H-alifax, and there deposited. They were intended for the use of Col~. Muhlenburg's Regiment; but as it marched to the North, the goods will be sent for, if you will be so obliging as to enquire for them & tell me in whose custody they are. I hope you'll please to excuse the trouble I give you, as I really know not whom else to apply to, or by what other STATE RECORDS. 439 means to preserve the goods from being entirely lost. From the last intelligence I am inclined to think the Cherokees will be further troublesome. In every instance I shall be happy to cooperate with your State, but especially in matters respecting these Indians, in whose enmity or friendship the back settlers of Virg'a. & Carolina are so deeply interested. I did myself the honor to inform you of a treaty appointed to be held with them. It may possibly produce something. If offensive operations become necessary, is it not best to postpone it till corn is planted? Will you please to favor me with your sentiment on this subject, & thereby greatly oblige him who h as the honor to be w'ith esteem, sir, yr. mo. obt. scrvt P. IIENRY, Jr. I-is Excellency Richard Caswell, Governor of North Carolina. PETER & DANIEL MALLETT TO G:OV. CASWELL. [From Executive Letter Book.] TWIL[IN-lTO;rX, 1st April. 1'777 AMay it please your Excellency: We have fiurnished the greatest part of the Troops whiclh have been at this pllace since the 10tth Nov. last, as also to & from the line of South Carolina, but as the price of provisions are now become so high, we find that the price allowed is does not answer: & wei must become losers: we therefore beg leave to resign our cormmissions, if we can not have a larger sum allowed, & hope no time will be lost in appointing some other Gentlenmen in (;ur stead. In the meantime, your Excellency may depend that we supply as usual, but that we should expect a greater allowance than 10 d. pr. rations. iUpon the nearest calculation we find that we can not furnish rations for a less sum than 12~ d or 13 d, unless we put off the soldiers with fair food only (as some of our Commissaries does). We will still continue, provided these prices meet with the approbation of your Excellency & the House of Assembly. Should this be the case, we could wish some more regular mode may be fallen on for us to receive our payments, than as at present. We are obliged to be very largely in advance in order to keep up a good 440 440 ~~STATE RECORDS. stock of provisions, & we have found it extremiely difficult even to -et icny when actually become due by vouchers. It is our opinion that the State ought to be in advance from ~1000 to 1500 at least to every Regiment, & that we ougbt to draw our money pr. vopjchers either monthly or Quarterly. We can also inform your Excellency that* we have at least ~7000 value in provisions on hand, which we will dispose of either to ti-i State, or such Coinmissaris as may take our places.-We Shall in a few days forward our accomnpts with this State.. We are Your Excelle-ncy's most o1)ed't servants, PETER & DANIEL MALLETT. To His Excellency Richiard Caswell. CHAS. MEDLOCK TO GOV. CASWELL. [From Executive Letter B~ook.] ANSON COUNTY, April 1" 1777. Silt I think it a duty incumnbent oii me to acquaint your Excelleny that the books & papers~ of the Register's office of this Counlty, thtat were taken from Liceut. Coin. Cotton's, in M1-arch 1776, hiave been ini my care ever since that time, ten days only exceiptcd. I shoulld esteein tI-i appointment of' my soni Israel to that office as a particular favour conferr'd by your Excellenicy onit-te; & beg-) lecave to assure youm' Excellency, that he -is fully capab~le of fillingp thlat officle with credit, & ready to give the necess-,ary securities. I have time honor to be your Excellency's most humible & most obed. serv 't C1JAS. 'MEI1)LOCK. MR. HILLEGAS TO GOV. CAS WELL1. [From Executive Letter B~ook.] 1JA.'TBAl0R Ex Ap r il 2nd 1 777. SIR: I have the honior, pmr favour of Capt. Timrothiy Folgier, of sending two hunidred Certi-ficates of.500 dollars each, ainoun~tiTno to one1 hundred thousand dollars, *bihii Certifica tes yuwl laet STATE RECORDS.41 441 deliver to the Commnissioner of the Continlental Loan Office in your State; requesting at the same time you will please to give T. Folgi~er duplicate receipts for his having delivered them to you, one of which lie wil~l transmnit to ince; & when you will deliver them to the Comimissioners to do the sarne I should -not thus be troublesome to you, if Ii knew who-your Commnissioner was, as I should send to hfin immediately. Iam, Sir, with much esteemi & regard, Your most obed't. serv't., MIL. HILLEGAS. His Excellency Rich. Caswell, Gov'r. of N. Carolina. JNO. ANCRUM TO JOY, CASWELL. [From Executive 'Letter Book. 1 WILMIINGTON, 4 April 1777. Sult As ro liaxe eemm pleased to hionor mewith the office of Judg'e of the Adm~riralty for th~is port.-Ani intricate affair apjpearing 'before me now, in con~sequience, of a Prise libelled in said C~ourt, and my-I~ not being, ac(quainted with the Resolves Of the0 COTImtinen~tai. Congress,.of the inode of proceeding in the Court of Admniralty for th United States,-t wvill Oblige ine, if y-our Excell'y, wvould order the mnode &rules of trial. to be fbrwvarded mie by the first opportuniity- For Viant o-fthe alr~ove, I was obliged to ad'oiirn sid Court until1 furth~er orders- I ami infoiflned that i12pj rors are to sit on the issue of the trial,-this w~ith other circumistances, fromy mny being imnacquainited, inducted mne to mnake the above adjoiurninent, until. I have you r Excellency's answer. Ihave the hionor to be yormo oh Ievt. JOHN ANCMT. G3OV. CASWELL FROM JOSEPH HIEWES. [Fromn Executive -Letter B~ook.] EDENTON 4t Aprili 1777 I h ad the0 110oI Of' writinof to you a few (lays ago by M~r. Il3enbury, this you will receive fromn MAichael Payne Esqr. a Gentlemlan 442P 442 STATE IRECORDS. who was appointed Collector of this Port by the last Congress at 1-lalifax, as that appointmyent was made to continue till the mneeting of the present Session of Assemnibly. I suppose some neew arrangement will take place, he is well qualilied to fill the office, and has acted with strict honor and integrity during the short timehe has enjoyed it. I sincerely wishli he may ie continued therein. I therefore take the liberty to introduce hIiii to your Excellency, and to request the favor of Your influence in Ins belialf, in ease any other persen should uake application. I must also beg leave to inform your Excellenrcy of somne othier msatters that will require the attention of the Leogislature.o I ha ve always rstood that the two vessels building at Southi Quay w-here to be Tow Gullies, thlat they were to le stationed at Ocracoke B3ar, and thmat this state was to pay part of' the expense of their E',quipmnent for this purpose. A q(jantity of Cannion, sail cloth, anchors &e.. h.a~ve been purchased by this State. I hav-e been informed, thlat tIle Virginians have altered this plarn-that they have m~adle thten-i ships, andl inteni to oider themn to sea,-if so they will be of nio service to tile trade of this State, mlld Ollgflt ]lot in Illy opiniion to heave thle inns, anchiors &c. I have n-ot thie least do(lobt but th.at our Enemries wvill send some of our smy Ii'll Cruisers to our Blar, iTn time course of the summer when our Trade vimil be entirely stollpped, unmless we have a pr'opei' force at Ocracoke "liar- I will subnlidt it to thle c(l)nsidleration1 of your Excellency, whlethfer it would not be goodl pol.icSy to 1)1rchhase one of those vessels fro' m time Virginianis, and kCeep her stationel at the B)ara. I ami told one of thiem is excleedingly well cafllcutlated for the. purpose (iraxs very little xvater and might be rowed through tIme shoals at any time on an emiergency, she w\ould answer thiat purpose unrch letter than thIe King Trajrinjy1 who niiiiht either be sold, or sent out on a Cruise. If Virginia vill not part With one of them, would it not be well to build snch a one oil purpose for thie defence of our Inlet, in vhwliim case time Guns, anchor, & Canvas should be reserved for lier-if they are suffered to go out of the state the loss wiil be irreparable, and I fear our tracie will be at an end. Before I left Philadelphia, 'I had two dlrafts mrade of proper Row Gullies, I now send them to your Excellency. The King Taminey xas ordered to lay at the Bar, for the protection of the Trade. She is nlow in our Bay. The CoMmllissioners inform me, they cannot get a Captain or men. No good man cani be found, lat will take the STATE rZECORDS.43 443 command of her to be as a guard ship. I am very sorry for it, and sincerely wishi tha~t thc vessels wh~ichi stop at the Bar occasionally may be carried awxay by smiall armed Cutters and Boats Whien I was in h1alifax MTIr Neail shrewed me a suirvey that hie made of Cape Lookout Bay. Will your Excellency do nue, the favor to send it mne, shiall -1 apply to Congress for somne Cannmon to fortifyiifsc application is desired, it wil~l lbe absolutely necessary to carry thec plan of thcat il1arbor, otherwise Conigress wvill not take the matter into consideration. I intend to set out for Philadelphia in a few days, I shiall be glad to receive ain answer to this letter before I go and to 'have your Excellenicy's coimnmands. I inten~d to (lo myself the pleasure of writing to you frequently after I gfet to Congres~ and -flatter iny elf you will now, and then give me a line. I have' not received a 'letter frorn the Northward for some timen past, mny friends the(.,re expec(t me, so do not write-the last post b.rought ine some News papeis, whcl i. I n1ow sen1l enclosed. I have the hionor to be with gre at respect and esteemn D. Snr, y our E~1xcellency's ino. oh. Serv't. JOSEPH1 HEWES. [Futo-i Ex~cwurvlix LECUrIfxI -3 00 K.l GE'NTLE-MEN OF T11ij; (GEN ERlt AssEr LY Puitrsu tant to the lpowes -vested in me, by the late, Cong-ress, I heave gran ited tern.-iorary Colin missions to the following persons, viz FRANCIS TA.RTAINSOIN, Cap~tain. of a company in the 1IIICTIAR1D -R.ESPASS, 1st Lieutenant Ieiglhth. North Carolina. JO.-IN _XIcNOllTON '2nd Lieute~nant Battalion -in the Ar-my TRhOMNAS CUSTIS, Ensign 9 of the United States. Johi1~ Ancruni Esquire, Judge of' the Court of Adm~iralty at port Brunswvick, iii the room of Richlard Quince Esquire, who refused to act. Simon Jones, Captaini of a Company in the eighth. North Caroli-na' Battalio~n in the Aiimerican army, in the room of Williani Gurley, who refused to act. Chiarles 1)emis, secon d Lieutenant in the said Company, in the room of Solomron Wood, who refuised to serve. Johlin Bush, -second Lieutenant in Capt. Harget's Companly of the said Battalion, in the room of Gideon Canaway, resigned. 444 STATE RECORDS. Elias Hocll, Ensign in the said Company, in the room of John Respass, resigned. Abner Loomis, Ensign of Capt. Jones' Company in said Battalion, in the room. of Thos. Bertie, resigned. Allaway Langford, Ensign in Capt. Nixon's Company of the said Battalion, in the room of Samuel Jones, resigned. Richard Bradley, Paymaster to the first Regiment of Continental Troops in this State, in the room of William Lord, Esquire, resigned. Gideon Lamb Esquire, Colonel of the sixth North Carolina Battalion of American Troops, in the room of Alexander Lillington, Esquire, resigned. Archibald Lytle Esquire, Lieutenant Colonel of the said Battslion, in the room of Colonel Taylor, also resigned. Miles McSheely, Adjutant to the ninth Battalion. John Burton, Adjutant to the eiglth Battalion. John Altran Loomis, Surgeon to the said eighth Battalion. Which Commissions will be invalid at the end of this session of the General Assembly:& as the Troops are now on their mnarch thro' the State, on their way to join General Washington, I submit it to you, Genrtlemicn, whlether it will not be necessary to direct Commissions immediately to issue to those Gentlemen, so appointed officers in the Armly, or such others s ayou may think proper to appoint. No application lhas yet been made to ine by Captain Dickinson to certify the Prisoners of war i.n this State, nor have I been able to obtain a list of themr tlo', they still remain here. Application has been made to me by t number of them now at Ialifax, for money to defray tlleir expenses. A letter from Captain McNicol, & the petition of Joseph Ilughles I herewith lay before you.: at the same time, I beg leave to recommend the sending the Prisoners of War, with the army now on their march to the Northlwardvd, as such a neasure will be saving tihe expense of a particular guard. I also lay before you a letter from Mlessrs Peter & Daniel Mallett, Commissaries, complainingl of the small allowance made for rations, furnished by tlhen to the Troops, & proposing a resignation of their appointments, in case a further allowance is not made. I likewise lay before you. letters from the Governor of Virginia, & a letter from the I'resident of South.Carolina, informiing that STATE RECORIDS. 445 'Commllissioners are appointed in those States to treat with the Cherokee Indians, & conclude a peace with them, to the end that you may appoint Commissioners to cooperate with themn, if you think proper so to do. Captain Bludd & Capt. Lowe of the fourth Georgia Battalion, are in town, & request leave to recruit m11enl for the service of the United States. As the General. Assemlbly is now sitting, I do not think myself at liberty to grant such leave without your direction therein. TZICILI"Zl1D CASWELJL. eNw Bern,!9t April 1777. TO TIHOMAS BURKE ESQR. FROM'2\1 SAM McKENI ZI E. [From Executive Letter Book.] ]BAurIAo0IE, April. 5t' 1777. DEAR SiRn I wrote a few (lays ago by your boy, ltut had it mot in mly power to send him by the conveyance. i expectedl as soine of thle pas sengers- objected lie had not. had the smlalll Pox. I hope to send hin thiis morning.XTe have nothing but confusion in thiis place. The' have settled the ranik of' Officers in such a inanyiacr that most of thiemn have resigned. I m11ean such1 of them as are wvorth retainincr in the service. I sincerely wish some method were fallen oil to redress this grievance. I have blad a great deal of difliculty in procuring Mredicines for the Hospital, but have succeeded beyond my expectations. I'n m-fy absencle M~r. Griflfth did not supply, the people w-ith the proper medicines. IHI drew upon me for what part I could spare, and afterwards quit acting, without giving me auy reason. or settling his accounts. I have appoinited Mr. Nashons of this town, to act as Quartermaster for the Hlospitals. I ani conviriced he will do his duty. As Maj. Da-ves who arrived blere a few days ago, has ordered his mnen to march from the hospital without my orders or a proper discharge, if anythiing should happen to the men, he is to be accountable. I slhall send you an accouint of all that has been transacted in my Departinent in a fbx days. I ai Sir, Youir huminlble Servant, SAjN[ -1NPIcENZIE 446 446 ~~STATE -RECORIDS. GEN. Ri. HOWE TO GOV. CASWELL. I From Executive Letter Book.] Ch1ARLEs TOWN t0"' April 1777. DEAR. ST.R 1 returned -very lately fromn a fatigning, fruitless,-, expedition. to 'geioia. the cemeny hiavinig retrea ted on our aplproach. Igtyu olbliogjno letter a da.1y or two shinee an11d shalf l olbserve its contents pa~rticu~larlvN, I amn sorry my)-i timie will -not jperm-it nin to say more to you in answ-er, than. to assumre, you I shall comply with your request of w~ritingr to you, & shiafl always hfear fromn you with pl easure. I. beg youi wvould inform mne frequently how our p'-ublic matters are situatedl, & aim very niuchi interested ab~out the f'orinatioi.n of th-Je constitution-. Captai-n Faullks & som-e other ofhlcers cai~ne to Son-th Carolhinat to recru-it for- the Continental horse of Georgi a. I am11 chlarged b)y the State to require your assistance on this Occasion, & imv your means that of yonr State. The situation of G comjgia is truly deplorable; it miust fall if it can n.ot get its battalions,,, full. B-elieve me, dear Sir, it is an embarrassing cornmand to mc, & (a circumrstanc-e of anlxiety & fatig'ue. I have been already four times to it, a nd expect soon to go there again. I' have this inoment recci vedi by express an accouint that somle, of our peoplec have been murdered by the Indians in that quarter next the -Creek nation, & time agPent w-rites that a wNar with thiem is nmuch to be feared, & expected. Iam &c., His Ex. Gov. Caswell. GOV. P. HEUN11RY TO GOV. CASWELL. [Promi Executive Letter Book.] WmLJLIAmAISBuRGo, Apr. 11"' 1777. A lette~r fromy Gen. Washington is enclosed, I beg you to send it -forward from your State. I have the pmleasure to send you a copy of a letter rec'd last nig~htad I co'irtlt you on its contents. Ayitliec STATE RECORDS.44 447 On the subject of Indian affairs will lay ai~i obligation on mne. I beg leave to refer you to my form-rer letters on that su1~ject. Wi~ithi great. reganrd I have the honior to he) &c. lB. 1.lIE NiY. Gov. Caswell. G3OV. CASWELiL TO GO\T. H'ENRY. [Fromi Exec-utive Letter B~ook.] lNiiw 13-i4Iii,\, 11th Akpril 17717. Sin Your severlal1 letterAs of the-,.3.1 & 14th ultimro & 1st inst. I have recei-ved, & would have done myslite. lonor Of an.Tswernio' the selparately on the receipt of eaich; bat as they- on01ta-1inledl -matter piroper' for the consideration of the Genieral A'em Fl,. delayed it unitil the meeting of that 1T3ody, wNhich is nIOW sittilifg here; & hoped before this to have been able to h ave (acqfuainted voin with their sentiinen ts, respect i-i g tlic Ctierok~ee Indians. However onl acclount of the thlinness Of the Houses, & settlinlg the de0COrtimn to be ob~served betwveen theml nthling of' th~at business hiasvebentknio consideration.- Whenever they deterinine on the measures niecessary for this State to pursue regardinig the Indians,j Iwill do mnyself tile honor of commiiunicatirig themn to you. At pr.esent I have not the least doubt 1but they will. aplpoint Commissioners to co-oierate withi those appoinlted by your Stajt-e andl the, States of the two South-ern Colonies. I have -received no intimation fromi the Commissioners appointed in. Virginia of the tiue & place of Treaty proposed lby thiemi fromi So. Carolina, thec seventh of AMay niext, the iplace Dewit's Corner. I shall be oflad to lbe in-form'ed. by the return of this express, if your Commnissioners wvill attend there, that those who meay be appointed inI this State may be directed accordingly. From every accounit I have, rec'd fromn the westward I am. inclined to think tile intentions of' the Cherokees are, hostile, & perfectly agreeo with you that hioldin~g a treaty with themnnmay prod~uce, somethiing lby which the States mi-ay be beniefited. Anid if offensive operations becom-e Tiecessarv, it will not be psi)051le for u-s to enter upon themi, till after planting of corn, an~d whenever we do, 'twill giJve mne pleasure to find time people ini the States of 448 STATE RECORDS. Virginia & Carolina co-operate in the scheme of defence, as their interests in that particular, as well as many others, are nearly the same. For my own part, give ine leave to assure you, Sir, that every measure shall be pursued, & every means adopted, that happens within my power, to effect so good a puirpose. Your last letter I received buit yesterday, since which I have nlade the best inquiry I could fromr the Gentlemen from Edenton & Ilalifax, & can get no information of' any goods being lodged at either of these places for Col. IMuhlenburg's Regiment. The Commlissary of Stores will be in townl in a few days, when, 'tis possible, I may get the necessary inform'ation from: him. If I: do, I shall take l the earliest opportunity of acqua.inting you, as I shall do respecttirng thle TRow-Gallies. I 1ha:ve only learned that one o 'tlhem was l? aunchled aboiut a m0onth ago, tle other was to have been launched the first of this mronth. Commnissioners were a:)pointed by our last Congress to purchase some materials, such as c;anvas, anchors, cordage, guns &c. Some of tlhemc are purchased, but whlat I can't yet say. Give mle leave, Sir, to retlurn you mry mriost grateful. acklowledngmen1ts for your ki'nd congratulations on lmy appointmlenlt to ite governmlent of this State. If in the discharge of the duties of that station, I can be of any service to the State of Virginia, 'twill be with pleasure performed by him, who has the lionor to be with the greatest esteem. & regard, Your Excellency's most obedient & very hble. serv't., R. CASWELL. His Excellency Gov. IHenry. THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.] APuRIL 15th 1777. DR. SI:I am honored with your letters of the 1.6th & 25th of February, & I have taken the necessary steps relative to the warrant on the Treasury, & the letters which were inclosed. Col. IBlount has not yet arrived here, but lie will meet with no dlificulty in obtaining the money. I must observe by the by that several bills from Mr. Treasurer Ashe came to hand before your warrant, & they were paid on my giving my approbation. STATE RECORDS. 449 I laid the intelligence you gave me relative to Indian affairs before the Congress, who were just tlhen in deliberation on that subject. G-en. Hand, an experienced oflicer, is ordered to the frontier to direct the necessary operations for thleir defence. HIe has directions to emblody the militia of iPennsylvania & Virginia in sluch numbers & divisiohs as lS he shall find necessary, & to repel, or invade the Indians if the circ('umstallces of the cwar require it. you will be startled at this power': I)ut it was given at the request of 'Pennsylv ania & Virgiiial, wlhose pecucliar ( irciu( stlances hlad made it nlecessary. Your vig-ilanl c, Sir, ias anticipa)ted aniy inmeasures nc(cessary t'fr the security of' our 'fronitiers, & as T a. better satisfied to rely oln yxutr powers foir all the exertions of our State, than to admiit extraordina-ry extertpositioi)s of CongTress, I. contented mvself with i)arely asseinting to th t ile ntsur es recolimended by llPennsylvlania & Virginia., witllhout r(quiri, tllemr te o exten(i to us. While our ownl militia is to lerfo:)rml tlIe servi(ce s, II believe it will )(e most ag'r.eea.(.I.l to(.o ml ( ()icoltrv, aI weXll,s to Ine, tlaI. t ley shotuld lbe und(l'e the coinlmmiu:nd of the.ir ()wXn o ffic(er's & undl(:er the direction of ou01 onwn lmagistrates, especiiCI(iatlly whi oll xcelle y r E ellC' t'resi(d.l s. When. I. am to (coil(sent1 to 1the1 (Co'ntrary, it.11ust 1);e 11i(le express instrucittioins, o1r w'hCe inilevit;abIle & ve ry sudd(l( nic T('City allows 1 1o tim.e to consiult, & no ( hoice of alt erna.tiois; & (.n then I should rely on such c(ir(clttlsta s(t:es to ex((lse.1e t(! ('alldid constittuellts, but riot to justify n:(e to th!is tr'il)unal. I a.11 sor' (for tllhe CdifficultXy you Cexperic'(nce ini coi(\veniiiii tlhe (G'(en'tle(:nen of you1r (Counc(il. I (hople, Sir, thley will 'id(l f more( iniClina. tion & less inconv elienece filoll, th.el result of Vyor A:.sseb)ly.1 T al.lm ple asdc 1 with I y0our ( t(ldeterl inalltion t (:)rt sidC( in New )Iorl, if' fotr' I:) (otller reCson litbut tlat of facilitatinl tlle 'O.lti(o betwveenl 11. I will ]not faili to traithlSlit you( eXver thling wor0t1tl voltr aLttentioln, i'n tile ordelr wXIicl I l, hve -menltioned & o)51(')(rved in most letters whichl I have hlitherto written: but c(onsideringi tlhe( value of your titime, I shall spare you the trouble of' nitmil)poritai: t r ead(i ig. In yodur favoiur of the 16t' you have prophesied what has si;ice in a great mieasure colme to pass. Al. l) carticnla, r jealotsies ari fior the present laid to sleep, & long & uninterrupted lmay their slumI)er l)be. We are more wisely employed in (givmilg vigor to our Ililitary operati.ons, & in correcting abulses in'. our department. rrlle 29 450 STATE RECORDI)S. success of the recruiting service is not yet very remarlkable in the Northernll States, notwitllstanlding the clblargo, to which yoii allude. vMr. S. Adams informs Lme, from tlhe best autholity that our Lottery tickets have met with a sale amazingly rapid, & that tlhe Loano, flice is successful. 1 am very much conc(ernled for the aplprelhesions you expre ss relative to the inl(olernce of our officers. AManly:abu)lses are compilaillne of f'roml every (ullarter in the recrtit:ing selrvi.ce, & it is at lengtlh. found- to proceed fromn the idea thiat the civil power of the States ha(ld no control over thlenm.. This is whatt 1. tad suggested very soon after my arrival at Clongress, b)lt it iwas always rel(utanrtly listenled to, until tle abuse was coinmpllaliied of froiln i.lany quart(ers, & attributed to tie same cause. I broughlt in a 1I'esolution for correcting thle ablse thronoli telC illtervenltions of the States, & \was very happy in finding no oplpositi..l o made on the old groulnd. It producedl a reference to a Co(mllnittee, & the result was tlie Resolutionsl which the 1lresidlent transmits to you, & of whllich the inclosed is a. copy. I doubt not your vigorols exertions to root out all the evils in that departmentt, whichl may be found in tlhe State over vlwich you preside..The -Resolution, with respect to se1rvants,was originlally ifoll)owcd( t)y a clauise, requiring (comlpensation to 1)e ii'ade to owners & lmastelrs; but it fell through, ion an equal division; tlhose voting against it, whlo were most interested in the affirnative. The day (Viz 15t MAlay) is not well calculated fori y(our State: but tt tat 'lesolution is expected & intended to have its effect in tlie States, nearer to the field of action, & that day was deemrled remnote enought for that plurpose. UTpon tle whole, Sir, I ]ope it will every where have as great eff'ect as it can. We have fotI a few days been alarnmed here, tho', I believe withlout foundation. N'o consternation followed u.}on tills occasion, but lmeasures were calmly takeii to o)pp:ose thle enmllly. The Congress are sensible of the' improlpriety of thleiri last flight, & I believe they will iot again fall into tle ilike error. I }have a(lded all ill Imy power to c((nfirml them inl this disposition, & tile t;iid lli emb'ers have encounltered suclh poignlant ridi(cule fromn mnany (liuarters, that 1 believe they deem tile approach of the eneily less formidable than another series of like encounters. I, for my ownl part, intend to stay in. the city, & give my best assistance for its defencle, unless it shall be determinil.(d to abandon it altogether. STATE ECO(D()-.lI)S. 451. I inclose you the paper of the last date, whichl contains every intellirit ne I can I ive you. lThe d(ispatchles from I1ranlce menltioned in it contain little more tlhan tha t it is the currenlt )op',inion in i13rittaiu, that ten thousand mrlen will b)e sent the elnsuiinr, suimmer against Virginia & 'Marylalnd, ulnderl the comlnmarnd(s of G'eneral -Burggoi. You will be pl'eased to excullse alny inaccuiracies in this scrawl, which I write ill a crowd of' disputiing Delegates, ill tihe Library a dj:oini.ng the Congiress room. I have tile honor to h)e witll thle greatest esteelm & respect Your Excellency's Inost ol.edt. servt., TH()OS. I IBURKIE. (G.)vernrl Cas we 1.. LIEUT. GO(V. JOHiN PIAGE, TO GOV. CASWT.E '1L,. LFrom Exe(cutive Letter Book.] IN COUT.NT'ciL, WMvS.um:UGI[1, April 17th 1777. SIR:Your letter of the 1 Lth instant by express to his Excellency the Governor he rec'd, & beiing too rmuch indisposed to atten(d at tlhe Board lie desired me to lay it before the Council, I have therefo-re, Sir, tlhe honor of writing you a few lines-fir tile mrltiplicity of business before us will perinit me to write but a few. The Cornmissioners appointed by this State to treat with the Cherokees, were directed to inform your Excellency of the time & place they should appoint to meet the Indians: but as they have failed to (lo so and the day of mieeting agreed on by youIr State, & So. Carolinla, & Georgia, being now so near a t hand, & the pla.lce at a great distance. I fear it will not be il their power to meet at that time: but I hope the Commissioners whlo shall meet, will )proceed in their important business, as there can be no doul)t that tley will conclude no treaty which will not be for the common good, & that they will pay an impartial regard to the interest of any State vwlich may not happen to have its Deputies or Commissioners present. I am, Sir, your mnost (obcd't serv't., JH0(IN I'A GE, L'ien t. (ov. To His Excellency Ricd. Caswell, Gov. &c. 452 STATE RECORDS. ELIAS BOUDINOT TO GOV. CASWELL. [ From Executive Letter Book.] M[ORRIS TOWN, April 17th 1777. MAY IT PLEASE YOCURI EXCEIFLENCY, Being hon'd with the appointment of Commissary General of Prisoners in the army of the States of America, it is absolutely necessary that I should be irimediately provided with an account of all the expenses & disbursements of the different States in favor of the several prisoners taken from the King of Great Britain; in. order that the accounts may be ready for settlement with General Howe, whenever we sh:all be called on for that purpose. I am thereforec instructed by his Excellency General Washington to beg the favor of your Excellency to order all accounts of expenses & disbursements (as well. those that have alrea(ly been paid, as those which. are yet ldne) made by your State in favor of sluch prisoners, to be immlediately transmnitted to me at Head Quarters, with the several authenticated vouchers for the same. I must also beg a return of sucn prisoners ass are at present in your State, with the particuliar places where confined, tlheir rankl, &c., I have the rhonor to be Your Exce'lency's most ob't. serv't., ELI[AS 1OI.)DINOT. hTis Ex:cellency:R'icha.lrd Caswerell, Gov. of the State of North Carolinla. GOV. (.ASWELL TO A. NASH, SPEAKFER, HOUSE OF COMMONS. [From Executive,Letter B3oo0k.] NEW]\ El;ix, 1.St At)ril 1777. MR. SPIEA!..Kr: — A letter fro:l his.l1xeellency (Gov'r Henlry of thle 11th instant accomlpanies this, whi(ch, withl the co)pie of letters t1hercin referred to, you will 1)- plea-etd to c(.'omnim, uic:tte tt.) tlhe HoIn'1ble. tile Iouse of Commons, land tilei senll. themr to tie Senate. K. C. The Hon'ble. A. -Naslh, Esq. Speaker, IHouse, C(loinniois. STATE RECORDS. 453 [FROM THE EXECUTIVE LETTER BOOK.] N EWBERN April 19t' 1777 DEAR SIR, With regard to news this way, I am to inform you it is my fiull belief that the Assembly will not open Courts nor even make a Ct. Law this session, most of the members being averse to such a nmeasure in the present unsettled state of affairs. Our Asseimbl.)y lhave paid a compliiment to our worthy Delegate, Dr. IBurke, which no private man has experienced before. A new County taken from Surry is called after him. A warm struggl.e is likely to take place between AMtr. Penn and iMr. Hnghes, for a seat in Congress. My belief is that the former will succeed. We have elected, and last Saturday proclaimed, our Governor, Caswoll, and Council of State. We are all Ha<rmony, and a perfectly good agreement, so far as I canr see, is likely to prevail in our Houses of legislation. I hlave no more to say. But only to recommend to your pryin-g mind ir, thle case of these poor m1en. I renlain with very great regard ald esteemn, Dear Sir, Your O))n't Servallnt A. 'N AS 11. SAMUEL JOH1NSTON TO ThOMAAS BURKE. [From the Executiv\ Letter.BooIk. hAI-YEScS A:pril 19t" 1.777. To Th]oma11s Burke Esqr. 1.j ic: S:r I hlold Imyself much indebted to you for your favor of the 16th of last mlonth, vwhich reached me only t\wo dlays ago, and though the nature of your Politics, will not permitt you to descend to particulars, yet such general sentiments, as you may think yourself at liberty to express, will always be an acceptable p:resent to me, who though almost entirely unconm)neted wTitlh 'Politics and Politicians,. am not the less anxious for the welfare (and happiness of these States. I am perfectly of your opinion, that the only olject of im-l)ortanlce at present, is the Defence of' the Country. Until that is effe(ctually secured, leagues, Confederacies, and Constitutions are prlema 454 STATE RECORDS. ture, except as temporary expedients. I wish that sentiment prevailed more generally, and that it was not already too confidently believed by those, at a distance from. the scene of action, that every thing was done, and that we should every one live quietly under his own Vine and Fig-cree. Reports have been propagated that G-en. Washington's Army was so full, that it would ble unnecessary to send troops from the Southward. I wish, but d(oulbt tle fact, for I am afraid froml every circumstance I can collect, that no considerable reinforcetment will go from this State. I am told that if necessary, the Militia will turn out, but this youi know is but a temporary expedient, and that they, cannot act at any great distance fiom Home. I have heard that the Assembly has met. The Senate have chosen Samuel Ashe, and the Commons. A. Nash, as Presidents. Some disputes I amll told have arisen between the two IHouses about precedency and that the business stands still, until that punctilio is settled, a circumstance, I am afraid, which will be attended with difficulty, for want of an Umpire. Poor Gen. Moore is dead from a fit of Gout in his stomach, it is a pity lie had not had an opportunity of showin g his Military talents in a more active scene. In that case I am inclined to think he would not h!tave falleni a victim to the Gout. I wrote to you some time since of my having drawn some Bills, in consequence of the Governor's warrant, on the Treasury of the United States, which warrant I likewise enclose you. Since that, on thie 15th of this month- I have drawn in favor of Ralph Collins, for three thousandt, four hundred and thirty five dollars, and this day in favor of Samuel Butler, for one thousand, seven hundred and fifty dollars. I am to set out in two days for Newbern, fromn which place$ if any thing interesting occurs you shall hear fromi me. Yesterday a vessel arrived here, loaded with arms for the State of Virginia in thirteen days froim Staten. Sle brings no news. My family are well and thank you for your remembrance of thi em I anm with the greatest Pespect and Esteem Dear Sir, Your most obed't Serv't SAM. JOHNSTON. STATE RECO1DS. 455 P. S. If there should be a gentleman in Congress, from Connec- or ticut of the name of Law, pray imake my most respectful compliments to him. GOV. CASWELL TO PRESIDENT RUTLEDGE, OF S. C. [From Executive Letter Book.] N vNw B3,RN 19th April, 1777. lDEAR SIR:The packet I have the honor to transimit to your Excellency herewith, I received by express last evening from Governor Henry, with copies of letters of which I enclose you copies, & most sineerely congratulate you on the accounts they contain. The subject of your letter respecting the Cherokee Indians I have communicated to our General Assembly, which is now sitting here. They have come to no Resolution thereon, Ibut I am in hourly expectation of their taking that matter up; as soon as their determination is made known to me, I will do myself the pleasure to coimmunicate the same to you. I have the honor to be your Excellency's most obedient hulmble servant, RD. CASWELL. His Excellency President Rutledge COL. ALEX: MARTIN TO GOV. CASWELL. [From Executive Letter Book.] HALI FAx, April 20t' 1777. May it please your Excellency: I am solicited by Joseph Hughes, a prisoner at M/oore's Creek Bridge, to mention him to your Excellency & the House of Commons,-that he may be permitted to have his parole in or near Salisbury, where he mlay support his suffering family, — that lie is much against going to the Northward, where to be separated from his wife and be exchanged, he thinks a cruel & a double punishment. I do not think him quite so capital an offender as some of 456 STATE lRECORDlS. the captive Tories here, & would beg leave to recommend him to such clemency, as has been shewn to Hunter and others permitted to tarry in the State. I am, Sir, Your most obedient humble servant, AL.EX: MA RTIN. Iis Excellency's Gov'r Caswell. GOV. CASWEILL TO )R. BURKE. [ From Executive Letter Book.] Ni\w BI'ERN, 20th April 1777. Du. SIR:I have been favored with your several letters by Mr. Hooper, Mr. Folgier, & the post, & lihave done llmyself the plcaasure of writing you two letters by the post. One of them was intended to go by Col. 1Blount, the Payrsmaster, but he declined going to the Congress. His business was for Ioney, lbut finding all the Troops in. this State were ordered to proceed to joi.l General Washingiton, he declined, onr a suplosition tllat lie should ble able to pay tliei-l off before tleir leaviing the State. am r1eally sorry to informli you, that the Troops do ILmt make that dispatch on their march, lwhich I wish them to do: they are scarcely arrived at Halifax yet. I understand the 25t!' inst is appointed for their lmarclling from thencec. Gellneral Moore is dead. The intelrge11nlce reached General N 'ash at this place, who was to have staid in tills State to facilitate the recruiti.ng service. Ie set out thlis day for Cal)e Fear, to Iprepare to follow the Troops. Mr. Maurice Moore is also dead. Every acc'ount fromn tlie westward ilnduces a belief that we shall Ibe involved in an. Indialn war. The States of Virlinia and South Carolina have appoinrted Comlnissioners to treat with the Indians. ()ur Assembly lias been sittingi more tllhan a fortnight, and done little Irore thlan settle the decorum to be observed betweenl each Hlouse, and thle method of doing )o bsiness. Trhere are some new melmbers, but few. Mr. Samll'l Ashe is Speaker of the Senate, & [Mr. Abner Nash Speaker of' the HIose of Comnmrons. They have appointed the Governor and Secretary, & Ihave chosen Messrs. STATE RECORDS. 457 HIarnett, ITIay wood, Leech, Starkey, Eaton, William Crerl, ald William Taylor mnemblers of the Council. The subject matter of your lettcrs has been commriunicated to the Asseml)ly, but not taken under consideration. Delegates in the Continental Congress not yet appointed. Mr. Penn, who is a Imemnbei of the Comrmon's House, I am told is a candidate.: 'tis possible he nmay be elected in the room of Mr. HIew(. The recruiting service goes onr slowly, owing in a great measure to'tlhe negligence, want of abilities, or want of influence in the officers. The G-eneral Assembly has been prevailed on to appoint Col. Abra. Shetl.i)elprd, who is just returned from his command of the Vol. lTnteelrs in South Carolina, to the command of a Regiment to be urnder the Continental regullations: h1is officers to be recorlmmended by himself, & neither they nor the privates to draw pay until 300 privates are recrunited; whicll lie las engaged to effect by the first of July; and in that case the officers are to be )aild from their app:oi ntlments, & the men fr(tlm the time of their enlistments. Colo. Shlepp)erd wa\,s my iiicut. Colo. at Alam.ance. I-He was with me at AMoore's Creek, & tllere had tlhe com.nmand of the m.ilitia, as lie after\wards had at Ca:p Fearr; and r'aised lBattalion of V\olunteers to go to tle a.ssistance of South (Caolina. On tllese oc(casions lie behaved well: and( I now tllin l tlio', t i. beg ins thus late, lie will be able to complete his Regilnelnt; sooner than any othier in thlis State will:be full. I tlleefor e b)eg ( you will endeallvour to obtainl a Resolution of Conlgress for 1)ptting C(01lo. She)pperd's Regiencllt on the Continental esttlablishlylent. I presume it mavy be considered as one of the sixteen ad(iitionml 1 attalions, if Gclneral Washington has not appointed thle wh]ole. (Captnl. 1Folgier sets out immediliately, and as I holpe to lha. ve an oppoirtunlity of wriiting in a few days, and that the Asseil)bly will furlnisll mIe witth mnatter, I shall now conchlude withth thanking you for 0your obliging itnfornmation contained in your several letters. I flatter myself with a renlewal of your favours, & anl, dear Sir, with great respect & esteem Your most obed't. serv t. iCH.'D) CASWE~LL. 458 'STATE RECORDS. COL. JETHRO SUMNER TO GOV. CASWELL. [From Executive Letter Book.] CAMP' AT IIHA.LIFAX, April 22" 1777. SIR, I inclose you a list of the otficers' rank and appointments agreeable to. their settlement when met for that purpose 16th inst.: also a general return of the third IRegiment, and thle names of the Captains and other officers, whom I shall take with me to the Northward. The Regiment, Sir, has greatly suffered by the enlistlmernt of the. soldiers in the service of South Carolina & Georgia, and by desertion, and are now every night running off. I wish a proper-mode might be established, to deter inhabitants from harbouring all such.. 'I am, Sir, y'r very lhun'l. servt., JETH SUMNER. His Excellency RIichard Caswell. CHAS. ROBERTSON r'TO GOV. CASWELL. [From Executive Letter Book.] WASHIINGTON.DISTRICT, 27th April 1777. SIR:The many lhostilities committed by the Clherokec and Creek Indians on this frontier since the departure of the Gentt. Delegates from this Couinty, merits your Excellency's consideration. I will give myself the pleasure to inform you of the particulars of this distressed place, and of our.unhappy situation. There have been several late murders commlitted, and on the 10t' of this instant one Frederick Calvatt was shot and scalped, but is yet living: and on the day following Capt. James Robertson pursued the enemy with nine imen, killed one and retook ten horses, and on his return in the evening, was attacked by a party of Creeks and Cherokees,. who wounded two of his men. Robertson returned the fire very bravely, but was obliged to retreat on account of their superiornumber; still, kept the horses, and brought them in. On the 27t - of AMarch last Col. Nath'l. Guess brought letters from the Governor of Virginia, which letters were sent, by an Indian woman, to the: STATE RECORDS. 45'9 Cherokee nation, soliciting them to coe il, in eighteen days to treat of peace. Accordingly there came a party of about eightyfive fellows, (but none of the principal warriors that had first begun. the war), and at their arrival, the commanding officers at Fort Patrick Henry sent for me to march solne troops to that garrison, as a guard during the treaty. Accordingly I went, and on the 20t' ulto. the Talks began, and1 tile articles of the Treaty were as folfolows; first a copy of the Goverlor's letter was read to them, promising themi protection, suchl as amnamunition, provisions, and men to build forts, and guard and assist them against any nation, white or red; and in return the Cormmissioners required the same fromn them; to which tie Indians replied they could not fight against their Father, King George, but insisted on Col. Christian's pronmise to them last fall, that if they would nmake a peaee, they slould lie neuter, and no assistance asked thein from the States. The Commissioners then asked sonle of them to go to Williamnsburg, not as hostages, but to see their goods delivered, to obviate any suspicion of false reports. A number of about ten agreed to" go. The Commnissioners then told thenm that Virginia and South Carolina gave them peace and protection, and North Carolina offered it: to which the Indians replied, they heard the talks from South Carolina, & they & the talks from Virginia were very good. The Indians then promised to try and bring in the Dragging Canoe, and his party (a party tlhat lies out, and has refuised to come in, but says they will hold fast Cameron's talks) they still made no doubt but ttey could prevail on him; and said that he had sent Iris Talk with them, and what they agreed. to, he would abide by. But the Little Carpenter, in private conversation with Capt. Thomas Price, contradicted it, and said that the Canoe and his party were figllting Capt. Robertson a few days before: and the last day of the Talks there arrived an express from Clinch river, informing us of two men being killed; to which the Indians replied to keep a sharp look out for there were a great imany of their men out; & several of their women present declared that the talk was before the time to get guns and ammunition, and continue the war as formerly. Accordingly they demanded them, which was the finishing of the Talks, and in sixty days they were to come in to treat and confirm the peace, and if they could not bring in the Dragging Canoe, 460 STATE RECORDS. they send word laying the blame of the late murder on the Creeks. This, Sir, is a true state of the whole proceedingls, of wh-ich I have the honour to inform your Excellency, conscious you will take every prudent method for our. security. I am, Sir, your most obedt. and most hulmble servant, C lHAS. RO13ERTSON. His Excellencyv.tiichard Caswcll? Captain Genleral of the Statg of N~. Carolina. IN. 1B. There h1as been to the number of about twelve persons killed, since the Delegates departed. 1)R. THOS. B3URKE 1TO GOV. CASWEL]L. [From Executive Letter Book.] PiLADELpx n:IIAx, Atpril.29"t 1777. SI.I,An express goi lg hence to Charlestown gives me an oppo)rtunity of writi-ing you a few liiles, but witloutl beitng able to coinmunicate any thinig interesting. We have at presenlt ill Congress a 'rei('resentation of all tie Colonies, altlo' the lnumber of De)legates is not very considerable. New York entertains thlle mlost virulent jealoiusy against her Eastern Necigllours, and it is rnomr heightened by a'n affair iwhicli is sometlin:g emnbarra.-ssino. The inhabitants of w-hat is usuallyl called the New Hampsihire Gral ants,' have atte telpted to set up a distinct State, & sent I)elegates to Collgress to claim a seat. INew York remonstraated: tle new State (called New Conllecticult) seemed to be patrornised by )t the Eastern l)elegates; b)ut the Congress laid the paper's on the table, and I hople will be wise eiouigh to decline any interposition. I amn for myn own, part clearl.y against assuI.ling a judiciary power, such certainly lnever was the purpose of our Delegation. As I consider all jealousies as injurious to our conmon cause, anld as layilng the foundation of futur e evils, I use myl best endeeavours to discourage them; and 1 endleavour as much as possible to keep our attention to the n:main business, that of subduing our comnmnon enem:y. The Confederation comes uneder consideration two (lays in every *Since become the State of Vermont.-WA. C. STATE RECORDS. 461 week. On this arduous subject you will easily imagine I want the assistance of my Colleagues, and indeed wish it reserved for men more able and experienced than I am. I shall give it however the most attentive consideration, and certainly shall agree to nothing, but on the clearest conviction and most uncontroverted principles. I shall very carefilly abstract all the debaltes of any 0momlent upon it, and every other subject, but particula.rly upon tha.t, and when I transmitit it to you, Ir will transmit the debates also. At present, nothing but executive lbsilness is done, exce)pt the Confederation, and on mere executive business there are seldom any debates; (and still more seldom any worth reneml)bering. Ve have agreed to three larticles): one containing the nanme: the second a declaration of the sovreigntry of the States, and an express llrovision that they be considered as retaining every power not expressly deleg^tted; and the third anr agreiemlent muntnially to assist each other aoainst every enemy.. The first and latter passed without opp)osition or dissent, the sec(ond occasionled two tdays debate. It stood originally tlle third artticle; and expressed only a reservation of tlle plower of' regulating the internal. police, and conse(quenitly resigned every other po(wer. It a.ppeearedl to me that thtis was il(ot what tlhe States exp-ected, and, I thoughtt, it. left it in the power of the future Congress or Gelleral (Co in.il to explain away every rilht belongilng to the States anlld to makt e their own )powe\ as unlli minited as thley plealse. I proposed, therefiore an amn.cnd(lllrient, whliclh lheld lup the prilnciple, that all sovere.ign' power wa.s il t.le States sel)ara. tely and th at particulla r alcts of it, whtich1 sh!lou(ld be explre.;ssly el nullt.rated, wou(ld ble exercised in conjunction, (and n1ot otheirwise; but that in all things else (tacl(' Statte (woil.d exercise all. the r'ights antd p:ower of sover(',ic(nty, un to i li troll. is w at first so little lunderstood tthat it was sorme time before it was se(condl(ed, and South CaIrolina first took it up. The oppositiot was miade 1by Nr. Wilsoi of Pennsylva n ia, a1n( Mr.. 1. Lee of XVirginia: in the elluesti(oln was cartriied for my proposition, eleven ayes, one no, and one divided. The 10o was \Ti r-.'ilia; tlhe divided, New HI alnpslhire..I wals ln uchi pleased to!.'ij, the opinion of acc(umnu latinll pow\iers to Conlgress so little suppl)orted, and11. I rnominie myself, in thle wlbol.e busiless I sliall find ml y ideas relative thereto nearly similar.to those of miost of the States. In a word, Sir, i am i of opinion, tile (Congress s'ould hlave power enonugl 462 STAT:E IEC)ORDS. to call out and apply the common strength for the common defence: blat not for the partial purposes of ambition. We shall next proceed to the structlure of the cormmon Councils;' and here, I think, we slhall mnIeet with diffi(culties of the most arduous nature. The inequiallity of the States, (and yet the neccessity of rnaintainin g their separate indepe ndence, will occasion dileimmas a,lmnost inextricable. You slyall, Sirl, know tl whe w progress of the matter if I can conceive and convey it.with sunffi.iient clearness. 1[arylan: Iid has set an exce(ed ing good example to the other States in latvino' a tax. I hope it will be followed in ours. I mean not in thle lode, 1but thel tling. It i.s the only adequate remedy for the abl)lUlnance of (irlc(lalting money, and its conseq(lueIt.depreciation. II have obtained frloml Congr ess, leave to purchlase two hundred ginnloc(ks out of thle public stores. I have sent themn. to Hillsborouglh and hope they will very soon be a.pplied to tlhe'arms which ar>e thlere preplring, arnd thlat ttle arms thellleselves will be put into the hanlds ofl the soldliers, and sent to their proper places? Opinions here are r\lariolus with. respect to the intendled movements of the enemy: 'tis certain however they have yet made none of any consequence. Tile officers in general are of opilion, they will a.ttempl)t tihis city and it seems deteri'ined so dispute it with them. Tlhis too is tlhe prevailing opinion in Congress, and I am much pleased with the severity and vigor with which we, at present, seem to rega(rd ol)jects of danger. Some of us, who are of a lmore maritial cast, have gained the ascend ancy so -far that the timid are too afearful even to disclose their fears. I. am pretty certain our next callmai<gn will be active and interesting, if we are not disappointed ill getting our armyl. 1The 'iNorthern, or what are usually called the New Erngland Stat'es, Rre at present very languid: the troops do not at all come forward. T'iconderorga is in a very d(efenceless sitation; and thre appears very little reason to expect force thereso sooon as it will be wanting. We ihave no fresh intelligence from France, nor indeed have any vessels lately arrived froim any part of E!urope. I atii, Sir, exceedingly anxious to hear of our affairs in our own State: so informed as I am, I may pei'haps consent to something that might (lo her injury. I write very frequently to every part of tIhe country, but never receive a -line in answer. Except the letters fronm your EIxcellency dated in February, I have not received one fromn North Carolina since my arrival at Congress. STATE RECORDS. 463 I wish I could be informed of the success of my request to be permitted to return il the sumner, if the Assembnly think proper to cormmand my furtler attendance:in. the service: o(r whether they nay not manbke choice of some more able lman to fill the )epartment. I will (letain you, Sir, no longer, only to decl-are tlhat I am, w'itl the gieatest respect & esteemn, Youir Excellency's lmost obedient servant TIO()S. 1B3T E. His Excellency Governlor Caswell. DR. THOS. BURKE TO (OV. CASWELL. [Fromn Executive Letter Book.] PHII:LAIDE),PIIA, April 3()th, 1777. SIlt - Some very disagreeable intelligence is just opened. Two tlhousand of the enemy landed in Connecticut, & have penetrated as far as Danbury (about thirty miles into the country) without opposition WVe had a consideralble magoazille of provisions there, which have mostly fallen into their 'hands. 'We are anxious to hear other particulars of this affair. I will make no comment on it because I hope before long to give you some lmore agreable account of it. I have the honor to be Your Excellency's mnost obcd't. serv't., TI()S. B13U 1iK.lE. Gov'r. Caswel.l. DR. THOS. BURIKE TO (GOV. CA SWELL. [Flrom Executive Letter Book.] PHlIr, tI)LA'P'J IA, MNay 2'1, 1777. SI.:I wrote you day before yesterday by an express going to Charlestown, and after I had sealed up the letter, some intelligence was opened in Congress, which [ wrote on a slip of paper and put into the cover. I doubt not you will receive it. Mr. Cochran of Cross-Creek going home to-day gives me an opportunity of giving you all the intelligence relative to that affair, 464 STATE RECORDS. which has been a little mischievous, and threatens consequences much more considerable than have happened. The inclosed paper contains the whole, as it was laid before the Congress; except a few expressions of General Arnold, complaining of the behavour of the Connecticut militia, and of the supineness of the country which suffered such an insult without resistance or proper revenge. You will easily perceive that publishing sulch things would have no good effect. As Mr. Cochra n sets off at tlree today, and I shall be all. the internediate time engage(d in Congress, I shall not have time to write by himr to any friend who may'be in the assembly. I must therefore entreat you to give. the inctubers of Assenbly tlis intelligence in the most public lmanner you can. An ilsulting letter written by tlhe Captain of one of thle Continental Frigates to the Governor of Marylarnd lhas excited great indigniation in Congrless. Tll officer is suspended, and ordered in five days to make slucll satisfaction as the Governor and Conncil shall accept or, failing, to be dismissed the service. Every gentleman, (a few only exce.pted) seem to feel lis own State injured in this insul.t, and they are (let(er:imined that nothing less sliould d(o, th.an what would satisfy Ma 11)ryland, 1nd (:onvince oficers tha t they 'were very inferior to the Malg'istraites of States, an(d must treat them with the mnost profortlund resplect. I never Ihlad m01'ore hopes of Conlgress than I h ave now. All seein senlsib)le tthat tlhe honour airnd di glity of the AlfMagistrates of the Stateos oullght to be p)1reser 'ed sacred aind inviolable; whether for appl.lyillg the force of the State, or restrain.ingl abuses, and su.ppressing almb'ition. Your Excel. lercy knlows enonl-gh of rmy political creed to believe that this disposition is exceedingly pleasing to nme. II have not time to add more, lut that I have the lhonor to bec, Yours ac., rTIIOS. 3 URKE...His Excellency Gov'r. Caswell. PRESIDEINT J. RUTLED)GE, OF S., T'O GOV. C(ASVWEI.,L. [ Fromn Executive Letter Book.. 1May 5th, 11.777. D,. Se of 1, soirnetimle ago, receive(l a Resolve of Coingress, reconmmending STATE RIECORDS. 465 it to me, to have enquiry made, what quantity of provisions had been stored by Col. William Kennan, for public use, agreeable to engagements made with General Lee, and to take such provisions off his hands, allowing the price thereof, if reasonable, to appoint Commissaries to remove such of these provisions, as were fit for use, to places of safety, and to miake returns of the quantity and cost thereof to Congress. I was also requested to examine, and certify Col. Kennan's demand. This I have done, and alloNwed the following charges, viz: p'd for pork at Wilmington w'th Jno. MAoore. 700 ~ salt at do w'tl do 200 pork-ba1rrels at do wt.ll do 6( t960 1prodl. And with respect to the provisions stored in this State, I have ordlered some into the hands of the Comm:issary, for the Continentall Troops, and others to be sold, as appeared most for the advanltage of the Continent. IBlut, as to tlose in your State, I con(ceive, they are, mnost properly under your direc(tions; — I have therrefore wrote Congress, that I shlold take tlhe liblerty to requesting you, to give such directioiis, abut tlhem, as n ay bo most for the initerest of the ( on tinent, and to inform Corngress of the qua ntity, a nd condition of those proisions, and how yon inttend to have tlhen dlisposed of. Ald, I no1w accordingly rct((liest, not (o1oulb)tilg thlat Vyo will )e pleased to do so. I am, with great esteeml, Sir, yolur:ob)cd. 1o1)1.e. serv't., J. 1: UT I EI)DGE. IH is hExcellency Gov]'r. Caswell. COL. ABRA. SHEPPERD) TO G)V'. CASVELL. [IFrom Executive Letter Book.] D)o:Bms, the 7t'h Ma.y, 1777. D )EA: SI':Thie 'bearer, John Sheppard, will deliver you ai account of the mlen Capt. Abra'rn. Sheppard lhas listed whi(ch is about thirty-three soldiers and please to direct him how he is to draw the other monley that's to list with, I make no doubt but we shall soon have both. 30 466 STATE RECO DS. the.D)obb's Companies full. I. should hlave collme down myself, but want to go to the upper Comnties to assi st the}m in receruitin'. Should be ghlad John cl oul get the lnloney and brinig it up with him for Capt. Sheppard as it is imuch wlanting.. P ray let 'me know how tlie other Captainis imust proceed to get tlheiris as the time is short and some will hav e a. long ways to come for it. 1. am,n Sir, Your very lhurn'bll) servant, A:BRA. SIE'RPARALD. To Htis Excellency Lic'dl. Caswell. JOHN GMIBSON TO -() V. CA S 'W i L.L. [.From ExeIcutive Letter Bool:k.] Treatsutry (Office. P)HII'AI)It.']IA., al.y 8th, 17 77. SI..:I have the lhonor to enc, los r xllency several copies of a Resolve of Congress passed on the 29tlh ulto., whichE I 1amY directed to do by thle Honorable the Board of Treasury: alnd thle 'Board reqluests that a strict alttcntion may be had to the several matters thereiln recommended to the States. Ali order, they hope, will be immedia.tely issued for an account of thle sunlls advanced by your State for the recrI'-iti ng service, and the names of the officers to whoml they l were paid, to be t ralnsmlnitted to the pl)a masters of the several 13Ba.ttalionls i1i \lVlich. they serve: and thlat. due care will. be taken that the regilmentall )pa-lmastOes make their reportt to you of the settlement of those ac(t(llcounts, tooether with the vouchers to be produed(. when iapproved of by your State to thle TreasuSry Board on adj ulstmenlt of tl eiir ac(on)iits. If an y of 'the lReegi.mental payinasters rec'use or nelleect to obl)y the directi(:)ns of tlhe Resol ve their.namels are to be trallnsm'ittc.d to the Co('nlandert in C(lhief of thle Delpa'rtme't in whichlt tlhey 1may hla'pp(e t.o )be, iin order to have tlhe delinquclets remloved actcrdiln, to the directions of (Congress. I IaIxve the honor to be.Youlr Excellecy's mnost olbedient anTd very htumble servalnt, JOIN GCIBSOIN, Aud't. Gen'l. HIis Excelleincy ( overnor Caswell.,,:' L)` L it I(. STATE R.ECORDS. 46'7 STATE OF NORTH CAROLINA. [From Executive Letter Book. | 1l.ecrn i.ting Instructions for Col. Ablralha.mlL Sheppla)d..1. Y'on are to en'list none but able bodied ITmen fit for service, capable of nmarching well, and( suclh whose att.1t(hent to Amnerican liborties you have 1o cause to suspe(ct; youn g, hearty,:robust men, wlose )irthl,:flamily connections, andl plrol)perty, bind( tlhe to the ilnterest of their country, and well practised i.n the use of firearmls, are mrlic n to be prefer red. 2. You are, as much as possible, to have regoard to moral character, p articul1 arly sobriety. 3. 'You are to be carefiul in irnlistir'ig snuch i en for Sergeants and Corporals, whose ability, activity, and diligence mnake tlhemr fit for that appointment. 4. You are to exert yourself to comliplete yoour IReogim-ent, and punctually to report to me, or the Commanding Of-i.cer left in this State, at such times and places as you shall be directed. 5. TI1he soldiers are to be allowiedo one shilling per day elach for their s'ubsistence, till they join their cRgimenlt. 6. out are to take notice that a Field Officer will be appointed to inspect the men you enlist, and reject such as are not fit fo:r service. 7. You are to fuirtisl tlhe subaltern officers of your Coln:mpany with a. copy of these instructions. 8. You are to inlist your mnei according to the following form, to wit: 'I have tliis (lay voluntarily in listed myself a soldier in the American army, for the term of three years, or to the end of the war, (as the case may be) and do bind myself to conform, in all instances, to such rules and regulations as are or shall b)e established for the government of the said army. As witness mly h.and, the day of:177 ' 9. You arre to inlist no soldier under five feet four inches hiig'!, able-bodied men, healthy, strong mrade, and well limbed, not deaf; or sublject to fits, or ulcers on their eyes, or ru)ptulres. 10. You are to pay to each soldier you shall enlist thirty dollars bounty, and engage a suit of clothes, or iri lieu thlereof twenty dollars, and 250 acres of land to each soldier who shall inlist during the war, or 1.00 acres of land to such as shall inlist f'or the term of three years. 468 STATE RECORDS. 11. You may inlist any apprentice or servant belonging to any person or persons whatsoever: but you shall not presume to take such apprentice or servant from the service of his master or mistress, until you have applied to three Justices of the County wherein such apprentice or servant shall reside, to ascertain the value of his time of servitude, who are to grant a certificate under their hands and seals which shall be countersigned by the Clerk of the County. And if such valuation shall amount to or exceed the bounty of thirty dollars, such bounty shall be paid to the master, mistress, or owner, of suc l apprentice or servant. But if the time shall be valued at a less sum, then only so much of the said bounty as shall amount to the value of the time of such apprentice or servant, and the renmain.lder shall be paid to the apprentice or servant so enlisted, who shall. be forever discharged from his apprenticeslip or servitude. 12. You are, within six (days after inlisting each person, to cause such recruits to take tile following oath, viz. 'I do swear that I will be faithlful-and true to the United States, that I will serve the same to the utmost of my power in defence of the just riights of America, against all enemiies whatsoever: that I will, to the utmnost of nly abilities, obey the lawful. commnlands of my superior officers, agreeable to the ordinances of Congress, and the articles of war, whichl I have subscribed, and lay downl my arms pea(cably, whlen * 3required so to do by the Continental Congress.' So help l.ne God.' 13. Your recruits are to rendezvous at Kingston, where you shall keep your head-lquarters. Y ou are to make just an( faithful. returns to rme of your success in recruiting, on the first day of July next, & tlhereafter on tlhe tenlthl. day of every mlontll, or oftener if required(, and hold yourself in readiness with oflicers and soldiers under your coillmand to march at the shortest notice to join the Contill elt al arl n y. 14-. You are hlcrc1y iltfoi.le(d, anl1d req uested to (assulre tlhe officers lndl:er your commlllanld, thlat in ca. lllingl otficiers to services of honor, preference will be given to those 'whto hlave b)eenl most indlustrious in l aising re,1c11 ritLs, a(il s('iuch will etl(et tlle speciail favoIlr a'nill approlation of thlis State, and b:e regarded in fl tul 'r 1ronloti(>ns Gi ven under ]my lalnd and seal at allms at New Bern the 9th day of May, 1777. 1i'. CASWEL],L. ItL STATE RECORDS. 469 DR. THOS. BURKE TO 0OV. CASWELL. [ From Executive Letter Book.] P.IHILAI)DELPHrIA, May 11tl 1777. SIR:A few days ago I received a letter from G(:eneral Nash, anllouncing the death of (General MAoore; at the same time I received some.etters recommlending Col.. Clark for prorotiont in his room. 13-ut altho'. I have a very high opinion of Col. Clark as an active, vigilant, and gallant officer, I can not be satisfied that it is right for me to make a lnomination so far out of the us-ual line, unless I have first your EIxcellenc3.'s assurance that it will be satisfactory to my country. Therefore I. have resolved to consult you tl1ereu)po0n, and suspend all proceedillgs relative thereto, until I sthall be faivoured with your answer.:I will beg leave also to suro'est to you, that notlhing llut te colnimaznd of'my coruntry shall mlake me nomilnate any ima1n \\hose nmerit as a soldier is even stuspected, altlio' he should stand first in order; and I btelieve our State is too- jealous of her honor, and too zealous in the comlmon cause, to give m1e any such commalld. Truly, Sir, our affairs hav\e suffered very inmucl tl-'hrough the insufficiency of our officers, tand I am one, almrong Ilmany in Congress, who am determined, so long as I have the hlonor of a seat, to keep a very strict watch over thei. It shall not be my fault, if worthless drones conslune tlle public treasure. It is but justice to, say that rwe have somre excellent officers, and our Coimima.lnder in Chief is very justly admlnired by all thle world. Notlingti interesting has happened since my lasit, except the arriva'l of a French ship witlh military stores, nwhich are exceedingly seas.nable and inmportant. In short we nowv only want men; and one vigorous camlpaign would give r tffali'rs a very floulrishling aspect. ()ur liberty would be esta.bllisled beyond all daingler. W\e hlave htad no debates of any (onlsequellnces in Congress 'except on the Confederation; all those I shall transm l.it you at once. It goes on very slowly, and I fear, the difficulty of preservig the indepen'dence of tlie States, and( at the same time giving to each its proper weight. in tlhe pl)lblic Counci, will frustrate a Confederation. Al togethier I have lhad so short a notice of this opport.unity that I can not be full on this subject: bIut as I give thle most dili 470 STATE. RECORDS. gent attention to it nothing material will escape nle, and you shall be fully informed. I have the honor to be &c. your Excellency's ob't. serv't., TIIOS. BURKE. Gov'r. Caswell. GOV. CASWELL TO THOS. BURKE. [From Executive Letter Book. ] NEW BE:N, 13t'h May, 1777. DEAIR SIR:Your favour of the 15th ultino. I received some days past, since which the General Assemlbly has adjourned to the 3d of November next, then to meet at tllis place. No Courts of Law are established. -County Courts and( Courts ofOyer are continued, upon the late plan struck out by Congress: a tax bill has passed, taxes to be raised by assessnent; a fu rther encouragement to inlisting into the Continental service of 10 dollars and 1.00 acres of land to those who engage for three years, and 150 acres to them who serve to the end of the war: the officers have recruiting instructions fromr me, and I hope the late lesolve of Congress, giving the Executive Powers in the different States control over theml will have a very good effect. I informed you in my last the Assembly had directed a new IRegiment to be raised under the conmmand of Col. Sheppard; if it is put on the Continental establishment, pray inform me so soon as you can conveniently, that the officers may governl themselves accordingly. The militia law is passed: part of which, (the mrilitia) is directed to be immediately raised for the defence of' our fiontiers against the incursions of the Indians. Much of the tinme of the Assembly was taken up in trifling matters. Three new Counties are established, part of Orange called Caswell, part of IRowan called Burke, part of Pasquotank called Camrden, John Butler appointed Brig. General, instead of Thos. Person, who was more troublesome this Assembly, if possible, than formerly. Mr. Johnston and Mr. Ashe are appointed Treasurers, with a salary of ~500, each. The former, I incline to think, will resign. He is far from being pleased with the conduct of the Assembly. They left out Mr. Hews in the first nomination of delegates. Mr. Penn was appointed in his stead. Mr. Hooper afterwards resigned, and Mr. Harnett was chosen. Mr. " I STATE RECORDS. 471 Penn left this a few days ago. He carried a Commission appointing Delegates, agreeable to resolution of Assembly. Lest he should not arrive so soon as this letter, I inclose herewith a Commission; and lest accident may happen, I shall furnish Mr. Harnett with one, who, I suppose will set out shortly, and by whom I promise myself to write to you. B1y that time 'tis possible I may have an opportunity of looking over the Journals of the Assenibly, and knowing what they have done. At present I am almost a stranger to it, not having received more than two or three messages from that Body, during the whole course of the session: tho' I had sent them many more. They have directed Mr. IBlount's Warrant for 250,000 dollars to be cancelled; and Mr. Ashe is to draw for 25,000 more than what he had before drawn, and the remainder the Delegates are to send out. I will endeavour to furnish you with a copy of the resolve by the next opportunity. I am &c. R. CASWELL. Thos. Burke Esqr. EB3EN HASARD TO GOV. CASWELL. [From Executive Letter Book.] PIIILrADELPL1HIIA, May 13th, 1777. May it please your Excellency: Congress having directed that a copy of their Resolve of yesterday, relating to the Post Office, should be transmitted to the Legislature of each of tlle United States; I take the liberty of enclosing one to your Excellency, and requesting that it may be laid before the Assembly of the State of North Carolina, at their first session after the receipt of it. I am Your Excellency's most obedient and very huml. serv't., EBEN HASARD. Surveyor General of the Post office. His Excellency Richard Caswell Esquire. 472 472 ~~~~STATE IW,',CO-RDS. COL. ABRA. SHEPPARD TO GOV. CASWELL. [From Executive Letter Booki.] -15th May, 1777. DE AR SIR: Capt. James Wilson wraits on you-r Excellency. for warrants on thre Treasurers, and lias his return wvith himy, which hie has 'listed him-self twenty four and Mr. M"Cauley his Lienit. has 'listed se-venteen. I shiould be glad that hie could any ways get one hunidred pounds before he left town as I could let him have about that (quaintity~w~hich with that sum hie, migiht make out till, the time hie i-akes his return the last of the m-outh as Ii shall. senld down to the Treasurers his w-arrants with. Capt. Sheoppcard's. I a in K, your mlost huinble ser-v't., Pray let him have two warrants, as whamt lie says and his Lieut. Iam very snre is tine. To 1his Excellency. PETER & IDANIELMTAALL.ETT TO (31OV. CASWELL. [Fromn Executive Letter Book.] WXILMIJNGTXN, 16th M ay, 1777. Siu, We wvrote yoiir Excellencly a few dlays before thel meetingip of' the last Assemibly, acqutaint i rig your Excellency. ot onir sitn ation, but to our surprise w~e find that nothlim' wad(one by the Assem~bly to relieve us. We therefore th~iink it our (hity ain to Acqan you Excellencey that it -is not ini our1 powerI to furiDsh the rlo(p(is. withi provisions at the iprice heretofore allowed u~s; and unless welhave some ri ew instructions fromxi Your Exclellency,3 before the 20)t' Jun e, wve shall on thcat day decline serving, out any mnore rations. We arie \orEcllency's' mrost olbed't. hmnble servans PETER, & iDANIEL MA.ALLETT. His Excelleric~y ERichard Caswvell, Es(j.',. STATE RECORDS. 473 JOS(EPH HEWES TO GOV. CASWELL. [From Executive Letter Book.] EDEl)NTON, 16th Mlay, 1777. I)' SI.:There are several persons now here whi o wish to get Commissions for armed vessels that they a.re fittiln out. lThley can get good securit here, bltt, being strangers a t New Bern might meet with some difficulty there. Thley also colmplain of it as a grievance that they should lbe obliged to go to New B1ern at the expence of ten or fifteen pounds to get (lomniissions. If your Excellency coulld send.half a dozen Com.nissionis wtith the instructions to M1r. Payne, wi t orders to him to take the proper securities, and fill up the blllanks, it wonlld save mucll(h troubl)e and expence to those who wantlt tlhemi.. Hlowr far this may be consistent with the lImode of issuing tllose Com(m)lisions, I k'now not: lbt, if it can be done, it will Imuch oblige the inercant.ile interest here. I lhave not had any la.te acc(lonts from tile N:No)rthllward; as I have been. expected there for soe1(: t:i.nle past, lmy friends (lo not write to mie. rII talll '\witlhi itlmuch respect & esteem, I)' Sir, Y'lour Excell(.encl's mo()st ol)ed. & very humln. serv. J (OSE PI ['tH 1EWE:A S. HI.is Excellency Ricll ard Caswell. MICI L. PAYIN E TO () VGO. CAS WELL. LFroi.m Executive Letter Book.'] EEI)N''ON 16th May, 1777. SI.IR, Several merchants of this place are at this time fitting out armed vessels, and are desirous to have for tliem Letters of MAarque. Should your E]xcellency thikl it consistenrt with propriety, and,choose to intrust:me withl six, nmore or less, bl:)lank Cominlissions, with directions what securit y is necessary to le taklien, you may depend it shlall le done, and every order given concerning tlheir,shall pay the strictest attention. to. Could tliis be done, it wouild 474 474 ~~~~~~S T A TE 1 HEI4-C O ID S. be eneourao'enient. to trade, as the g.oingV to whiere your Excellency resides mnust ever 1)0 attended with a considei'able expellcee and wxaste of tline, not to mention the diffi1-culty obtaining the securities needtfil where they myay. be entire strangers. I hiave, to in-forni y out Excellency that several vessels, belonging cras they sato time State of Vi~rgiinia, have passed this port in. their way to South Quay withoutinaking a report to thlis office. As it may be attened wth mny b(I coneqences, should be vNery glad to h'ave your orders onl this head: whether it would lbe w'.)ioper for mie, to take notice, of thlei or not. I hlave the hionor to be your Excellencey's most obed. & very IT. servt AMTIC[1'1. P A YN E. His Excellency iRichard Caswell.. LT. COL. HENRY IRWIN TO GOV. (CASWELL. "From Executive Letter Book. I TARBnoRoUGH, 1 9t Milay, 1,777. SIRn I am told a young lad of the namne of Tohn Worsicy, which wa s. a druiimner in the\~5th IReg-imn-it, aclnd had leaveoN becefo e onl thme march. fromn So. Caro'lina to the Northtward, for a few days to call and see his mother in Newbern, and was to have joinied the iRegimlenlt, either Cat Tarboroughi, or at Halifax, in thie timne al-low ed him.-thiat hie has got his discharge by application to the Council. I. do oilnmy hlonor declare, (and wvill at any timie on. my oathl) that last of iDeceryn her whlen I was at Newbern, his in othier b~ego'ed of mne not to suffer him to list dul-ring tihe war, as hie, with her clonsenit had already listed for two ye'ars and a half,-as thien~ hie w'anited to take thie additional bounty and list for the timne the war cont-inuiedI admitted of' her request, and forbid the oflicers'listing himi again for a longer tlime; if hie has been diselma-rged oni account of any thiing that relcated. to his inlistmnent, there Timust have been fraud uised, and it is a dan~gerous precedent to discharge soldiers when their officers are not present, as it must hurt the army nu-ch. You'l be so obliging as to excuse what I have said onl this subect. * I am, inay it please your Excellency, 'Your. Excel'y most obed. serv., IhENRtY IRWIN. / STATE 'RECORDS.7 47 ow AMB3ROSE RAMSEY TO GOV. CASWE'LL. [Froin Executive Letter Book.] CiiATI-HAMN COUtNTY, M ay '21st, 1 7'77* This will lbe delivered by mny brrtlirt, whio waits on your Excelleney onl some businless of his own. Mr. Isaiahl. Fl(ogunJ is appointed Sheriff of' this County, and lias got your Excellency's Coin-mission for that purpose. I hope by next opportunity to le alble to transtnit you the names of the militia ohicers. I t iyiar l)c also necessary to infformi your Excellency that Mlajor Surlock hias accepted the Clerkship., which will necessarily vacate his sea;t in the General Assemibly. The people are desirous that a new writ shduld issue, for a mnejnber of the House of( Corninons in tOie room of Mir. Surlock. I hia-ve the honor to be with great respect Your Excellency's mnost humi'l serv't., AMB13OSE RAMNSEY. Iiis Excellency Richiard Caswell. MEJOR WM. L. DAVIDSON TO GOV. CAS WELL. [From Executive Letter Book.] MxaY 22(', 1777. Silt I received your recruiting instructions yesterday, which shall be strictly observed by the officers of the fourth Battalion, as soon as I can have them togethier at Headquarters; for which purpose I have sent a dispatch to each of them. But as they are in difberennt parts of the State at this timie, it will not le possible for them to parade their new recruits at I-lead Quarters, before the 25th day of June; so that it will not be in ray power to make any return until near the 10th of the following month. When I received orders to superintend the recruiting business I sent seven of my recruiting officers to Newbern for nioney for that )lrpose; but none were supplied but two. The others can only take ip deserters, until money can be procured for thein. To effect which I have sent the bearer, Lieut. Alexander, a good, 4-76 476 ~~STATE IRECORDS. trusty man. to receive and brin to Salisbury recruiting money for Capt. lPhilhips, Lient. H-ickmnan, Lient. Cootes, and Ensign Polk if it be your Excellency's pleasure to give him an order on tlie Treasurer for the same. If mnoney should lbe scarce, the one half in. Con~tinental. bills will answver the sam,.e purpose. I wish to know by the bearer how the ofbicers a(nd soldiers who,are to rendezvous at Salisbuirv are to b.e paidl or whiether there Jhe any, way provided for their paymen~t. I am-n not a little solicitous about this mratter, as I know the.service to h~ave suffer-ed greatly fom want of regular payilmenmts. Sir, 'Your E'xc-ellenfcy's m~ost obedient & humlble, serevant, WMI. 'L. 1)AY I DSONT, MA-a~jor 4th R1. To Hiis 'Excell1enicy _Richard Caswvell. Governior &c. [FRiOm EXECUJTIVEi, LiLE,1uujn- 1300K.] Onl the above letter is the following endlorsem-.Yent, in the hand of Gov. Caswell. Capt. Philli~ps- warr-ant in his favor for ~200, issued. 3d June 1777. Lieut. HicknianLieut. Cootes'Ensign Charles PolkLieut. Charles AlexanderDR. THOS. B3U1{E T1O GOV. CASWVELL. From Executive Letter'Book.] l~1IlEAI)EPIIAf ay 23(', -1777. Sin 'Shince mly last -notliiig hias occlurred worth. your attention exceipt the arrival of several. suii~)pl ships, by which we have received mnany very -rimportant articles for fancilitating the-, e-~n1SUinlG Camlpaign. Our army is daily gain.i ng Str-ength, and I h~ope b)efore lonig will be in a (conditiona to -face thel eneiy to somne adlvantag-e. Tlie e-nemny are unac(countably inactive, and cautious to the la,-'st deoree. It is supposed they expect r'ein forclemen ts, but w\e hiave accounts from Europe which indicate that they wvill in a great mecasure be disappoin ted. STATE RECORDS. 477 I have heard from our Troops who are now under inoculation at Alexandria, in Virginia, and two hundred who have had the small pox are on their march under Cols. Sumner and Lytle. I was informed they were much in want of shoes by reason of some disappointment in your Quartermaster's departmlent. I applied to the Clothier General for a supply for them, and General Schuyler immediately sent them under the care of an officer to meet them at Baltimore. We are alarmed with a report brought hither by a Mr. Tenant from the Southward, that somie persons in North Carolina have maliciously propagated a report, that a very fatal infection disease prevails in our army, and the general belief thereof very much retards and injures the recruiting the service. I amr happy in having it in my power to declare that such report is entirely groundless, and that our army is in very rhigh lheailth and spirits. The Congress have instituted a liberal medical arrangement, and put it under the immnediate iinsiection of a Commlittee, of which I am a memrnber. By this a.rrangoementi no diseased patients are suffered to relnmlain in camlp, nor even any woutnded patients who a.re incapal)le of dInty: all such are irnmmediately remoiede to hospitals remote from the quarters of tlle lealtlly troops, and there are carefully attenlded and supplied. Proper officers are appointed to superintend and direct every thing necessary for the sick and wounded, and to make rergular retulrls to the Medical Comnlmittee. By the last return very few appeared sick, in proportion to the 1numbers in service: and by every accounlt from officers dailv in this city from ca irp we learn ltlat tle army is very heaLlthy. Thi inforllation wvill eniable y.our Ex(celllency to refulte the falsehood, and take off tle evil ilmprtssions it lnay have lma de, and I aml satisfied that your endeavours for so good a p1trp)ose will not bo wValting. Silnce my last we lhaNe made 11o progress in the business of Confederation. A difficulty occurs, wlti(ch, I lear, will he insuperable: that is how to secure to each} State its sel)paralte indcp)endencle, and gi ve eoa(c its lople weigl t in tle p1:lllblic( Col1ncils. S)o i neq(aled as the States a1re, it will he llnea'ly inl:po;,-i}l]e to etffect this: anll(l after all it is flar 1ro'l inil)prol:)al)l that tlhe only Contfedeiration will be a defensive Allit.ance. Nothing oi 'itpotance has )been determinied in Congress, excetp)t wvitat is merely executoryT. [ mllust beg leave again. to coim(-)la i ni of my recCeivingl o10 informlationl 'tromt my conslltituellnts. Y oll will. excuse 111v. Illl(easi 478 STATE IIECORDS. ness upon this account when you reflect, that, I am charged with a very important trust, to which I. feel. myself very unequal, and in which 1. am. most anxiously desirous of rendering every possible service to my country: that I have been witllout a Colletague ever since my arrival, and in great measure uninformied in what had been previously dlone. To be under such circumstances, and also uninfirmed of uany conltingencies which may mtake any alteration in tlhe system of Iny country, you will readily adnit is sufficient to lmake me uneasy. I shall however Sir, give unremitting, attelltioln to every nmatter wlich shall conle before the Great Council of which I am a leI ember, and decide on fixed principles and clear conviction as fatr as my understandingi is coim.petent. I doubt not my Country will b.elieve my intentions to be what they wish, and im), endleavours ihalll. be the best my abilities will admit. I need not repeat my wish tlhat greater services might, be rendered by some abler halnd. 1 also beg leave to request your Excellency to infornm ime whether I a:i. at liberty to return home during any time in this summer. Some ships are in the river:, and the Marine of this State are ordered down. Some of us are resolved to go down, and observe at least the conflict, if any there nmay be. I am called away, and therefore must conclude. Ha-ving the honor to be Your Excellency's most obedient hum. Serv't., THOS. BURKE. His Excellency Gov'r. Caswell. P. S.. In one of my letters I believe I mnentioned that Georgia was of no use in Congress but to vote with Connecticut. Tlis was owing I believe to this circumlstance, only onle Delegate was then present, lwho is by birth a Connectillt lman. Since then a 'lMr. Watton has givell his attendalnce, which was before interrupted by illness; and I perceive tlhat Georgia is now frequently divided when any question relates to Colonial politics, so that these two Delagates are of different principles or different judgmenrts. STATE IPREC(()l:.l)S. 479 ( OV. P. IHENRY, OF VA., TO G (O. C(ASTWLL. [From Executive Letter Book.] WrMSB:uiRGIl, May 25th, 1777. I beg, dear Sir, to introduce to your notice and encouragement the bearer Ca'pt. l)elaport. IIe is a liFrenil(ch Gent'n Twho is recruiting soldiers for the services of this Sta.te. l:ie lias made some progress in thllt }busintess here, and thli. nks there may lbe soime of his countrymen witlh you. who will inlist. I1is corps is to consist of Frencnlhmen, a few excepted, who p.roumise to be respectable for order and discil)line. Your ci.vility and furtherance to Capt. I)e 11a jort in hlis business will be acknowledged as a favour (conifecrred on him who Ilas tle honor to be with great regard, Sir, your mo. ob. & very lible. serv't., P. HENRY. I-lis Excell'y. Gov'r. Caswell. TO THOMAS BURKE ESQR. FROM GEN. NASH. [From the Executive Letter Book.] A.,iEXANlDtIA M. ay 25th 1 777 DI) A: SmT, We are thus far on our Ma.rch to -Tlead Quarters andl are in the hig'ht of inoculatio' n for the Simall pox, which see'ms to promise very favorably, I have been onlyr f'or days inoculated myself, and thIus far am very well. There is very little news fronm iT. Carolina. Our Assembly, which was prorogued a fewm days before I left home, I believe hlas done nothing. The Courts are not opcened but for Crimin.al prosecutions. Your Colleaolues Mr. Penri,.ranld 1Mr. ltarnett I' expect along every d(lay.:1Mr.:1ooper 'resigned his seat in Congress and.Mr. Hews was left ont. Col. Cl(arke who came by the way of IHillsboro' desires m.le to in.frm rvon thlat Mrs. B3firke is well. I shall be very glad to hear fromn you lby the 'Post or any other op)portunity, Mealtn time believe me Dear Sir, Y our obed't and 1Humble Servant F. NA..SI. 480 480 ~~STATE RECORDS. COSMO MEDICI TO G~OV. CASWELIL. [From Executive Letter Book.] HALIFAX, May 3101, 1777. Silt In consequence of an order from Gen'l. Nash left, with Col. Long for Captain Dicki~son to proceed to the northward with all the prisoners that is at this place: which order was iT1 consequence of' a resolution of the last Congress which sat at Ifalifax, wherein they ordered that the Governor should furnish Capt. Dickison. with a letter of credence, Ialso a list of the prisoners, which list yourExcefllency will1 find inclosed,-and as the said Dickison hathi since( resigned his commnis;sion, I. ain ordleled to take commiand of them and proceed to Philadelphia, there to (eihver thenm to the Congress -nothing detains mnc but y;our orders.- 'We havl-~e nothing newfrom the north, the last paper's have not as yet comne to hand. I have, Sir, the honor of sulbscribing myself Your most obedient servant. COSM(). MNEDICI. D)UN: McNICOL, TO GOV. CAUSIWELL. [Fr.omiiExecutive Letter B~ook.] Jfi~-iALFAX, 3lft MNay, 1777. As we are to be reirnoved froini this State I h1ave taken the li~bertyto inform your Excellency that we received at 'the rate of two dol.lars per week till the 40' of A-pril., and at the time this express. returns there will. be 18 dollars due to e~ach of us, wvithlouit which -it is iunpossible tor the lpeople of myil party in particuilar' and I fancy for the other.- lprisoil-ers also to c lear their qu~arters. I1 have this. (lay (lraWn uponmi the Tre~asurer f or 21.6 dollars, for mnyself and pafrty,. but if thiere is nIo m10ony inl them Treasurer's hands to answver the dr-aught,it wvouild, lbe necessary for us tha,,t yTour Excellency wvouldI order a bill upon the ContinenTtal. Trleasuiry, shold lbe,sent to us to. STATE RECORDS.48 481 raise money, as I have no money myself to clear my party's Quarters. I am &c. Your Excellency's most humble servant, DUTN: McNICOL, C apt. R1. H. E. To His Excellency Richard Caswell Esqr. Governor of North Carolina.JUDGE SAML. SPENCER TO GOV. CASWELL. [From the Executive Letter Bookj1 HIALIFAX, list of' June, 1q77. STIR InIclosed herewith are sundry depositions of Edward Cornwallis Debruhi, now detained iin halifax gatol on suspicion of having been concerne(1 in courlterfeitingrth curreni.t Blills of Credit of this State, taken. I)efore mie on o~ath with the gneatest secrecy that the Inature of' the matter woul~d admift of'. 11lls Offence was comurniitted. in the ID~itric~t of Eden ton, and therelore not coguisable in the District of Ihalifax. It wa,.s likewise comitted I~between time day of April and the(, ninlth. Of May last, and the Resolve of' Congress againist counterfeitingr tie B.1ills which hle is a1ccused of' b.eing- concerned in counterfeitiig, was conitinued b~y last ConIrre(,ss to last session of Assemblly, and no longer, anld the act for continuing thit snre R~esolve was ratified the 9th- of May following. This, according to the rule formlerly pursueld of making the(., business of the whiole, session refer to. the, first (lay thereof, inight, b~y a fiction of tlmc 'L w against the real fact, have prevented anly ch-asm: but 'accordinoto our present constitution of'aitig no retrospectmve [aw- to operate, might have been the sul..-ject, of sbrne doub~t. Iu towav this point, I understood that Debruhi wvouldl make soine very) ampijle discoveries of several companies concerned in counterftbitiumgc thie, Bills of this State, and passing the same counterfeit nioney. I thereforeo had him. brought to my rCoon, and after passing my word to lhinl, that if lie would make a true and faithful discovery of his accomplices and others hie might know to have been concerned in counterfeiting the, said Bills and passing the same, I would use my interest amid endeavor to obtain biln indemnity for what he had 31 482 STATE RECORDS. been guilty of in that respect, he deposed an oath as in the inclosed depositions. From several circumstances of his behaviour I am induced to think his information genuiLne. Mr. Avery and Col. Kennan seem to have the same opinion of him: and if so, his detecting such comrpanies of confederated villains will be of infinitely more service to the State, than his single punishment would be, were tle mlatter of his offence clear, as to time and other circumstances. I have therefore directed lim to be lbailed by any magistrate of this County, on his producing such securities for his good belhavior, tand appearance as a witness to p1rose(cute those ofrfenders in 'Wilmington District, at the next Wilmilgtont District Court, as it is probabl)le he may get to cuter into recognlisance with i1iin: as that of Wilmington will be the first Court in (ourse, wherel his testimony in that )behalf will be nece*ssary. iAnd if lte procures security, I make no doul)t but lie will attend at that Court as a witness, I th.erefor e have tlhought it mny duty to transmit tlhese depositions to your Excellency, so as they be considered of by your Excellency and thle ensuing Council of State, and such mTeasures thereupon pursued, as may secure the l)riiging to justice tlose dangerous and per'nicious pests of society. We have, notwithstaiding tlhe difficulty of proecuring an attorney alnd c.lerk to act on behalf of' the State, been so tortunate as to hold a (ourt of the Sessions of the Peace, O(yer & Teri.ner and General. Gaol Deli.very this term for the District of IHalifax,.and hlave doie some business; bu)t llad lbut one capital trial, whli(ch was thatt bf one 'Williaml Reddock for Inurder. Hec was clearedi by verdict of the jury. What by the enlargement of prisoners by the Commissioner app)ointed by Resolve of Assembly, and solme remloved to the Western D1istricts, this gaol will be left almnost'totally clear of prisoners very shortly. I hope your' Excellency w\ill excuseo tlte want of correcting and transcribbing tlis letter, as.1 lh:ve to send it off early to-inorrow lnornilg, and it is lnow very late at nilght. r ha.ve tlhe lionor tto be, Sir, with great 'respect, Younr Excellelncy's most ob)ed. humble servant, SALM'L. SPE',S "Ell. Govern or C a.swe.1. STATE RECORiDS.48.183 (iOV. CASWELL TO NICHO. LONG. [From Executive Letter Book.] NEWINGTON, 2d June, -177i7. I.)u. Siun Your favor of the 31. uiltimo I htave; lust rec'd. anid agyreeable thereto I have sent a list of the T names furnishec' ie bvy Capt Medclic, certi fled aecording Cto o1(1 r of Con gress, w ithi somneth ilip like a letter of credence at foot of i~t. I laid. this ease, or rather thle case of the prisoners, be-fore the Assembly. What they did in it, I kTnow no1t, as 1 did not receive their answer, nor heave beeni able to p:.rocurme a clopy of' their Journiu1s,: As I1 knlow not of their tatkingic an'y further order in the matter, I have com-plied with the, resolutions of C'1ongress as near as I can recollect, f'or tile Journ11al of th'at B1ody I ha ve not by mre, at lpreserlt. I am with great esteem' and regard Dr. sir, your most obed. servant, R. C A SW ELL1-. N\7icho. Lonog Esqr. Qr. M.L (i-en. GOV. C.AS'WELL TO CAPT. COS0MO MEDICI. [From Executive Letter iBook.] NEWINGTON, ~2' eJune, -1777. Silt Herewith you will receive a li~st of the prisoners as ret'd by Gen. Jones certified, with the substance of a letter of credence tat fo..ot. I honeO it wvill answer the purpose in~tended, and that you will deliver your prisoners safe; and also that you may arrive at bead quarters in time to reap) some of the laurels whichi in thatt quarter of the United States await time brave, and thereby render your coun~try that service, which I as one of its inhab~itants most arden~tly Wish you may, as we'll for your own honTor as lher hialppi'ness. Believe me to be, (lear Capt., Yr. Fr'd & obed. serv't., RI. C. Capt. Cosmo Medicik 484 STATE RECORDS. GOV. CASWELL TO CAPT. DUNCAN McNICOL. [From Executive Letter Book.] 1N EWINGTON, 2d June, 1777, SIR:Your letter of the 31. ulto. I rec'd informing me of your drawing on the Treasury for 216 dollars for yourself and party, and that you are of opinion the other prisoners will stand in need of their allowance to clear the quarters. I have not the least doubt that the Treasurer will answer your draft, as well as such as may be drawn by any other of the prisoners for what may remain of their allowance from the public, especially if you send him a certificate fiomn General Jones mentioning the sum due to each. If he has not money, he will give you bills on the Continental Treasury. If you Ineet with any difficulty in obtaining either the one or the other, shew this to Gen. Jones, or Mr. Willie Jones, either of wThom will see the substance of it carried into execution. I ain, Sir, yr. ob. serv't., R. C. Captain Duncan IMeNicol, Halifax. GOV. CASWELL TO GOV. PATRICK HENRY OF VA. [From Executive Letter Book.] NEWINGTON, 3d June, 1777. SIR:Your favor of the 23" ulto. I have received and rejoice to hear our affairs with the Cherokees are in a favorable train. The Memnbers of the General Assembly of this State, in their late session were so very desirous of getting home to their plantations at a season in which Planters in general have much to attend to, that they did not come to any resolution for appointing Comnissioners to treat with the Cherokees, on so desi.rable a subject, at this juncture, as that of peace with that nation. It will therefore become a matter of consideration with the Council who are to assemble at New Bern the 10th instant. The members of that STATE R.ECORODS. 485 Board are so remote from each other, and from the place of their meeting, that it will be impossible to convene them sooner; and, I trust, they will on the matter's being properly represented to them, advise me to appoint proper persons to represent this State at the Treaty to be held at the Great Island, the 26th instant. If they do I shall lose no time in sending out Commissioners vested with powers competent to the completion of the purposes of their appointment. After much inquiry I have at length been informed that the goods sent by your State, or at least a part of them, were carried to Wilmington in the Southern part of this State, and there lodged with the Commissary of stores for the Continental army, who, after Col. Muhlenburg's return to Virginia, delivered out a part of them to the Continental Troops raised here, and that the remainder are still in his possession. I have directed him to make a return of what goods he has so delivered out, and what remains, that either this or the United States may become chargeable to yours for them. This return is be to made at the meeting of the Council, when I will do myself the pleasure of giving you furtler information on tlis as weoll as on the former subject. I have the honor to be with great regard and esteem, Sir, Your nost lumble servant, 1R. CASW ELTL. HIis Excellency Patrick Ienry Esq. Gov'r. of;Virginia. GOV. CASWELL TO MAJOR DAVIDSON. [From Executive Letter Book.] lNEWINWGTOCN, 3d June, 1777. SI: — Agreeable to your letter of the 22' ultimo, I llave delivered Mr. Alexander' the following warrants on the Treasury: viz. one in favor of Capt. Phillips, for ~200; Lieut. I-ickman, ~200; LieutCoots, ~200; Ensign Polk, ~200, and.also one in Lieutenant's Alexander's own name for ~200(; making in the whole.~1(00; which I hope they will have success in laying out for the purpose intended. There is a M1r. Spicer, paymaster to, I think;, the 2' 486 486 ~~STATE R ECORDS. Battalion, left here with mny consent, on his promising to undertake to pay such of the. Troops as were left here, and the -newv recruits. Him I expect to see at New Bern tlhe 10th inst. when the Counicil. is to mleet, and I shiall otfail to give himr the necessary instructions resipect~ii) g your Troops. Iam &c. IRICHARID CASWELLj. Ma,,jor Davidson. COLj. JOHN WILLIAMS TO GOV. CASWELL. [From Executive Letter Book.] HlLL5SBOROUG 11 3(1 June, 17,77. i)EAR SIRn T.nclos'd you have the return- for my reImet TIre Captin togeth er with their subaltern s failed to appear. Youtr Excellency will be kind enough to direct ini what manner to proceed. against themi fp~r disobeying orders. Licut. Col. Luttrell was SOent back, in order to t-ake commandl of the first IDivision that slhould hereafter mnarchi to the Northward, and says he wouild choose to marchl the Troops the upper road, bein~g niuch the conuvenierntest way. In that case, thlis is the suitablest place for the General iRendez-vous; and as the sm-fall pox is near H1alifax I (couhld wish your Excellency wouhld direct the officers of the other Battalions to miarch their mien here, by the first dJay of July. I have directed myy officers, together With their recruits, dese-rters, and others left in this State, to rendez-votis here, onl that day, and don't in the least doubt but that the 9`t P-teginient will be able to muster over one hundred menl. I amn, dear Sir, Your nio. Wt)t. hll" serv't., JOI{N WILLIAAMS, Col. 9`1 Battalion. Governor Cafswell. JOSEPH LEECH, RIC'ID. ELLIS & ALEX. G{ASTON TO GOV. GAS WELL. [From Executive Letter Book.] NEw i~iicRN, June 4th 1777. D EA R S In Yesterday camre to town fromn New Ri-ver, where they put in. from Mlartinico, on their passage to ]Philadelphia, to the Congress, STATE II:E}CO-RDS. -.S7, four officers and two sergeants, one a Col. 1 Lieut. Col. I Major, and one Captain, three of them are Engineers, sent from old France by Doct. Franklin and Mr. Deane, with orders to make all the dispatch they possibly could. They are very anxious of seeing you, saying they have semething of consequence to communicate, and and we are very uneasy at being delayed, as they think they may be wanted in the army, they are so uneasy at staying that they were for setting off for your house, to-morrow themselves, but we told them you were expected in town Saturday or Sunday, but that did not satisfy, so that we promised to send off an express, to acquaint you of them, they expecting to see you in town to-morrow if possible. We are with great esteem Your Excellency's most obed. humble scrvan ts, JOSEPH LEECH. RICH'D. ELLIS. ALEX'R. GASTON. AMtBROSE RAMSEY, MIAL SCURLOCK, & JOHN BIRDSONGTO GOV. CASWELL. [From Executive Letter Book.] CIHATH.AM COUNTY, June (6th 1777. Sil:The bearer, Mr. 'Wilcox now waits on your Excellency and the tHonorable the Council of State in order to have something done with respect to the Iron Works in this County. At his request we went and viewed the filrnace, and find that they have made sundry preparatiotls, but have not yet begun to blow: and we conceive that it will be some time first as there does not appear to be near sufficient quantity of coal and ore nor limestone to begin with to advantage. Mr. Mills, the Superintendent informs us that the want of labourers is the reason of this. Mr. Wilcox has made repeated applications to us to make a representation of his situation. We verily believe that lie suffers greatly at present not having any way or means to support Ihis family. Nothing less seems to satisfy him than to have his works back, agreeable to the majority of the General Assembly..W e do 488 STATE RECORDS. not pretend to judge what may be best for him, but this we are certain of, that the country is at a very great expence daily, which we think they might as well have been clear of. We have the honor to be with great respect & esteem, Your Excellency's most humble servants, AMBROSE RAMSEY. MIAL SCURLOCK. JOHN BIRDSONG. His Excellency Richard Caswell. SAM. JOHNSTON ESQ., TO GOV. CASWELL [From Executive Letter Book.] EDENTON, 7th June, 1777. SIR:Having been informed that the honorable the General Assembly have done me the honor to appoint me to the office of treasurer of the Northern District of this State for the ensuing year, I now thro. the favor of your Excellency, beg leave to return them my most sincere thanks, for this mark of their favourable sentiments of my past endeavours to serve the State. In the infancy of our glorious struggle, when the minds of many were unsettled & doubtful of the event, I joyfully accepted every appointment that was offered by my fellow citizens, and readily stood forth to give testimony of my concurrence and approbation of every measure which tends to the security of the most inestimable rights of manlind; at this period, when the Constitution of this State is happily and I flatter myself permanently established, when all doubts and apprehensions are entirely removed, and a nurmber of Gentlemen of unquestionable integrity and abilities are ready to offer their services in every department, I most humbly request, and hope it will not be denied me by your Excellency, the favour of being permitted to decline that very honorable and lucrative appcintment. The very infirm state of my health demands this sacrifice of my inclination to serve my counitry for the present. Should my services at any future period, be thought necessary to the State, in any department within the compass of my small abilities, I shall be ready to execute the commands of your Excellency or the General STATE RECORDS. 489 Assembly of the State whenever I shall have the honor to receive them. Mr. Skinner, who is well known to your Excellency, does me the favour to be the bearer of this. Should you and the honorable Council approve of him to succeed me in office, I have the reason to believe that he will not disgrace your appointment. I know no man better qualified either in point of abilities or integrity to discharge the duties of that office, and no one can give more ample security. I have the honor to be with the highest respect and esteem Your Excellency's most obedient and very humble servant SAM. JOHNSTON. Gov'r. Caswell. CAPT J. BRADLY TO GOV. CASWELL. [Executive Letter Book.] \WTILINGTON, June the 7th, 1777. I em'irblrace this opportunity to acquaint you of nmy present situation, whiich is very disagreeable to me. Mly men are daily coinplaining for want of their mnoney, and attempting daily to desert the company. Their duty is very hard. We have about 40 men and:serjeants anlld all fit for duty, and eleven of theml on guard every,day. Without their money tlhey will not stay. They had a sub-:scription amongst them, and the greater' part of them had signed it, before I found it out; but as it happened I sto.)pped the mutiny. And further I have to acqua.aint your Excellency of the misconduct of MNr. Kingsberry, which 1 am very sorry for, that among so few officers there should be so many informations made. AMrr. Kingsberry has left his company expressly against 1my orders, as I am corimmanding officer at present. I think it my (duty to acquaint you of suclh4b aviour. There is no officer at present but myself that is fit for duty, and I hope his Excellency will think proper to order;some officer to my assistance. I take it very unkind of Mr. Kingsberry to leave me in such a situation. Since tlere is so much (dissatisfaction among the men and officers, I would l)eg leave of his Excellency to resign lly Commnission. It was from your recomnnmendation that I received it, and I think it nmy duty to acquaint I 490 STATE RECORDS. you of it; in which I return you many thalnks, in hopes that you will be agreeable to my resignation. Was it not for the divisions that there is, I would think myself halppy in servilg the St.ate. We expose ourselves by the divisions to the Ihighest degree. But I am determined, let the consequences be what it will, that I suffer nothing to be transacted in the company, blut what is just, and I hope His Excell.ency will not take any conduct amiss of m.e. It is generally thought tthat those informations that were lodged ag'ainst Capt. V'ance were entirely for self interest. Bu3t I hope this will be a convincing proof to eyes of every person. I am, Sir, Your most obedient & humible servant, J. BRADLE Y. CAPT. SIMON ALDERSON TO GOV. CASWELL. [From Executive Letter Book] BATr, Junle 8th', 1777. AMAY IT PLEAS1E YOUR EXCELI ENCY: I was one of the number ordered from IL.ai'lifax recruiting, and exerted my utmost in that way. I have sentt four recruits to head (luarters, and four deserters belonging to the d(ifferent Regiments. In the course of lmy excursions in the country, I have found out that a numiber of the inhabita;nts as well. in this County, as in H-yde, have discouraged men from inlisting in the service. I have made application to the Maagistrates, wllich( I observe is invested with full power by an act of tie last Assembly, to detect such villany from being carried on: But, through ineglect to the printer to the IHonourable House, can have no redress. Under these circumstances, I pray your Excellency will permit me to depLart from this State, to the Grand Camp, conmmianded by his Excel.lency General Waslington. Your Excellency's pernission will ever oblige Your imost ol't. hl.umblle servant, SIMION ALDERSON, Capt. 5th Reg't. His Excellency Rilchard Caswell. S T A-T E R ECORD-S.49 491~ JNO. FORSTER ESQ TO GOV. CASWELL. LFroin Executive Letter B300k.1 WILAKINGTON, June Sst", 17717. SInu As the Asseinbly, when they were last convened, thoughit proper to continue inc as a Commaissioner for naflning)' and fitting out for a cruiise the armed -Brigantine, General NV'ashiiigton, in this river, I very9 cheerfully accepted of an apl.)ointmt.ent, the execution1 of which would, i c~oH(eiVed, be so very ser-viceable to individuals in general, and the -p,>ublic in partieular,-thd' at the same time I confess I expected a considerable sup11ply of mioney for that purpose, or at least an immeniodiate payymenet of' tire lacrge sums I am already in advance for the pihblic; but as neither has been (lone, (for want 'I believe of' money in the Treasury) I have been debarred giving the assistance that my duty required in this affair, as I find it impracticable to get of0ic 1's or shiip men even at the great, 1)ay of ten and twxelve pounds per mnonth for sailors, wNithout advancinug some0thing conlsiderable to them. it will at least require the sum of two thousand pounds for immedliate anid necessary supplies, without wvhich it will be needless to attempt any thing further as to this ship. I have since mly settlement at IN ewbern, advanced upwvards of one hu-ndred pou-nds, and promnised tile paynient of' one hundred and fif'ty pounds more,these sumis added to the balances of what aecompts i have already passed will. mauke the debts due rue by the State upwards of two thousand pounds currency, whN1ich is mnore than mlny (circumstances will adinit the want of. I can't but express iny surprise, and with reliictance I do it, —tbat by Resolve of Assemnbly I find an assistance is given the Pennsylvania F1ariner arnd King Tam-niny, of wh~lich the Washington is utterly deprived,-that is, —the Captains of the Iiidependent Companies are ordered frorn. timie to tinie to supply -the two former vessels with men from their respective companies, until the Commissioners shall be enabled to ship a sufficient number of men for the use of those ships, ltho' we are not allowed the protection of Independent Comnpanies in this quarter of the State, yet I presum-e it is almost needless to say to your Honor and the Council that an Artillery Comppany, (as idle perhaps as the Independents may be), are stationed here, out of vhich the Washington 492 STATE RECORDS. might receive such number of men, as would be of utility to the public in that station. From those circumstances, I dare say, you, on reflection, will not blamne me for declining an undertaking, (should not those difficulties be removed) that will neither serve the public, or reflect the least spark of ]honor on ime as a servant of the people. With the utmnost respect I am Your Honor's most obt. humble servant, JNO. FORSTER. The Ilon'ble. Rich'd. Caswell Esqr. MR. MICHAEL ROGERS TO GOV. CASWELL. [From MS. Records in Office of Secretary of State.] 8th June 1777 SIR The Bearer hereof Mr. William Sullivan Tells me he is about to apply to you Something Relative the MIanagement of the Estate of James Lee Deceased of Edgecomnb County. I shall, only Inform you that MIr. Sullivan is a Gentleman whose word may be Depended upon. Mr. Sullivan is a Nigh Neighbor of mine and am well Acquainted with. himn. I am Sir Your Excellency's Most Obed. & very Hum-b. Servt. MICH. ROG-ERS LE CHEVALIER D'ERFORD TO GOV. CASWELL. [From Executive Letter Book.] SIR:We are just arrived in this place three officers of the Corps Royal of Engineers: (yenie) in France, that is to say one Lieutenant Colonel, one Ma one one Captain of the Corps Royal of the Artillery of France, one Lieutenant, two Sergeants, now engaged in the Continental Service by I)r. Franklin and Mr. Deane deputy of the gen STATE RECORDS. 493 eral Congress at the Court of France: the vessel now lying at New River, freighted at the expence of the Congress, which vessel as well as cargo is directed to Edenton; this is therefore to give you notice, in hopes, Sir, that you will give all necessary orders for our being furnished with the means of repairing as soon as possible to Philadelphia, where we are expected. We should have given you notice sooner, but that we made sure you had ihard of our arrival. We should be loth to lose time on so pressing anoccasion. I am your most obedient and very humble servant, LIE CIIL. D'ERFORD. Lieutenant Colonel au Corps Royal Ingenieurs. His Excellency the Governor Richard Caswell. GOV. CASWELL TO GOV. HENRY. LFrom Executive Letter Book.] NEW 13BERN, 10th June, 1777. SIR:A few days ago arrived in this State a small vessel from France, in which came passengers four French Gentlemen, who sustained the following offices in France, to wit, one Lieut. Col., one MaIjor and two Captains. They have two Scrjeants with them, and were employed by Doct. Franklin and Mr. Deane to come over to N~. America and enter into the Continental service. They have been furnished here with horses, carriages and other necessaries to enable them to prosecute their journey from hence to Philadelphia. I have advised themn to wait on you in their way, and informed them, if they shall want further assistance, thiey will readily obtain it by applying to you. The Council is to m:,et this day on the subject of the Indian Treaty; the determinaltion we conie to I will do myself the honor to a(cuainLt you with. in a few days. With the greatest respect, I a n, Sir, Your most obedient and very humlble servalnt. I(-ICARD CASWELL. Hiis Excellency Gov'r. Henry. 494 STATE II%'ECORDS. GOV. CASWELL TO DR. BURKE. [Frtom ExixCiu-IviE, LETTER BOOK.] NrEW 3BEN, 10th J111e, 1777. D)EAR SIR: I have had the pleasure of receiving sun1(iry letters from you lately: the last was of thue 11h unit. At present I have -not time to make any observations on "the accouints they contain, and shall content myself with barely answering that part relative to the Brigadier Geeneral. 1 entertain the favorable sentiments which vou express of Col. Clark, and think hi-m wortliy of the appointmeint;; but at the same time, will iy no inearns assure you that it willI be satisfactory to your coun Ttry. Its sense can not be obtained until the mneeting of tVie General Assemibly, which now stands adjourned to the 3d of November. In the umean timei it will be necessary, io doubt to, mlake the appointin. t; and as the Gentlemien who may be candidates will. all be up with tie Troops, tie Congress will be letter able to determine who is best qualified for the office. A. few days ago arrived in this State from France a lie-tit. Col., a Mazjor, and two Captains, ard two Serjeants, emlployed by the Conlmmissioners for the United States at that Court. I have furnished them with carriage, horses, attendants, and money to enable them to prosecute their jouirney to Philadelphia. 'When I got an account of the whole expence, I intended draw1ing a bill on the Continental Treasury -for the am-nounit. You will therefore be pleased to obtain an order of CTongress for payment of such draft on its arrival at the Treasury. I do not learni that Mr. Harnett has set out for Congress. No doubt Mr. Penn is there, an-d carried with him the necessary pape's to obtain the money from tie Treasury, to be sent here. For God's sake let it be sent out with the greatest dispatch. The officers left here to recruit can do nothiing without money. I have giveni them warramits on the Treasury, while some of them have been furnished with bills on the ContinT6ntal Treasury, which they cannot get mo.oney for. Of course that very essential service is nearly at a stand. Col. Slheppard's officers, by making use of their own an ( borrowiing money from their friends, I believe will be able to recruit the 300 imen agreeable to tIme Resolve of Con STATE RECORDlS. 495 gress. I must therefore request you will be pleased to give me as early notice as possible, if that lBattaliotl is to be taken into the service of thie Continent, and considered as the 10t" North Carolina Regiment, that I may pursue the necessary measures for sending them on. Tll French Gentloeme(.n are very anxious to go on, and are now waitilngl on re. I therefore defer saying more till next opportunity. Dear Sir, I aml, with the greatest esteem anld regard your obedient Serv't., RI CIIARD) CASWE LL. to Dr. l')urke. GOV. CASWELL TO D1)R. 1BURKE. [FFrom Executive Letter Book.] NE 3w BK:1N 11.tl June 1777. Du. Sim:I yesterday did myself the honor of writing to you by Monsr. Le Chl. D'Erford, a French officer sent over by Dr. Franklinl With five others in the service of the States, who all set ot, the same day for Congress. I informed you I had furnished lhem with horses, carriages, and cash, cand that whell I got an account of the whole, I: would transmit the samrre to you to be laid before Congress, and t hat I sthon(ld draw on the Continental Treasury for the amount. LMr. Rliichard Ellis of this town ulndertook to furnish them, and having (an opportnnity of disposing of bills ha.s prevailcd on me to draw in his favor for 700 dollars in part of those expenses, and also in ftavor of Messrs Arrell, Cop)per, and Arrell for 140 dollars. These drafts will be sent on with tllis letter, [ imagrine, and therefore request you will on receipt thereof nmake application to Congress for an order that they be discharged. The whole account I promise to transmit you, so soon as I am. tfurnished withl it, with the necessary vouchers. M.r. ilarnett, I hear, is expected to town to-night, in his way to Congress: by him I expect to write.Thte Council is sittintg here, —nothing worthl writing now occurs. I am with the greatest esteem and regard, Dear Sir, your most obedient servant. R. CASWELL. The I-Ho. Thos. Burke. 496 STATE RECORDS. GOV. CASWELL TO PRESIDENT RUTLEDGE OF S. C. [ From Executive Letter Book.] NEW BERN, 11th June, 1777. DEAR SIR:A few days ago I received your letter respecting the provisions. purchase(d by Colonel William Kennan. Such as are within this. State I shall particularly attend to, and pursue the measures you were pleased to recommend. The Council of State have this day recommended to me the appointment of Commissioners to be ve ted with competent powers to act on the part and behalf of this State in conjunction with yr. Corn". appointed by the State of S~. Car. and Virginia, or either of them, in establishing a peace and fixing a boundary line between the Cherokces and white people; and in pursuance thereof I shall issue a Commission to pro)per persons, and give them instructions to attend at the Long Island on I:olston the 26"' inst., if practicable; this being the time and place appointed by the State of Virginia, as I have been inforined by Governor Henry. This will be delivered to your Excellency by Doctr. William Savage, a Gent". of great merit and friend to American freedom. _Per!it ne to introduce him to your acquaintalnce,, which I take the liberty to do, Sir, from a full conviction that he is of indubitable credit, and will entertain a proper sense'of your. good affairs, and evince that he is deserving of confidence. I have the honor to be with the greatest respect andl esteem, Dear Sir your mrost obedt humble servt., RICHARD CASWELL. President Rutledge. GOV. CASWELL TO COL. SHEPPARD. [From Executive Letter Book.] NEW BERN 16th June, 1777. DR. SR:Agreeable to your request I have given Capt. Wilson two warrants on ttie Treasurer for ~200 each, and I have furnished him in bills with ~100 out of my own pocket, (which 'tis likely I may STATE RECORDS. 497 want) merely to serve the cause. rTllat sumi on your messenger's return from the Treasury I irust have atgain if possible. I am much pleasedl witl Capt. Wvilson. [ t!hink he will make a brave officer. Give him and your other officers all the enconuragllent you can. They shall have all tlhe time circnlirstalces will admlit of to c(oll-plete their compllanie. s. I have m n.any reasons to wvisl! tlis regiment full1, which I need not repeat to you who know tlhenll so well. I am, I)". Sir, Your obed. s't., r. a.. C. (C'. Shepp)ard. RICHARD PETERS TO GOV. CASWELL. [Fromi Executive Letter Book.] WAR O, r ( '4FFICE, funlle 16t' 1777. SIl:By order of the lBoar(l of War I have the ]lonour of inclosing you twvo IResolves of Congress, to tile tltter whereof, I would particularly request your irnmecdiate attention., as great inconveni ences daily arise from the lists of the army not l)eing completely returned. You will be pleased also to render an account to the Board of all monies expended on account of prisoners of war, and sums paid to them. You will be pleased to be very exact in the account, and see that no charges are omitted, as the enemy are rigidly accurate in their charges against the States, on account of prisoners. All sums omitted will be lost by the State wherein the charge was neglected to be imade. I have the honour to be Your very obed. Serv't., RICHARD PETERS, Sec'y. His Excellency Gov. Caswell. 32 498 STATE RECORI:DS. ISAAC GU1NlO TO GOY. CASWELL. [From Executive Letterl Book. WITTOCK(, [16tl June, 1777. I)DiAR SI:I halve been pirevented:f.'io waiting on you'r Excellency (by accident) on mry way Northward, and arm ilf orle;itd your stay will be short in New Bc'iern, and am:fraid slhall )be deprlived the pleasure of seeing you. I tl herl Aeto slhall be (gl ad to bear a la commanlds yon Lcmay have, if you will please t.o leave at, 'Mr. (Corgdell's; also slhall be glad to be informlelcdl h]ow I. am to 1be sup!pllie(l withl imllOney, for the pay of the 9t Regilment. I (expect to be,on mly m1archll ill 8 days. I am, dear Sir. with imnuch respect, Your obld't. 1!bl1 serv't., I S.A. A C I()N. H-is Excellencvy Richl.ard ( a swell. P.. I wrote y'. Excelloncy so0l1el tilme algo, tliwhel you I was in tlhe country, requesting tlha t Ste.,Lc mt:iglit be aldmliitted a pupill under the tlitionil of i.r. Sprott. GOV. CASWELL TO GOV. H ENRY, OF VA. [From Executive Let ter Book.] ]Nw 3BEN, ' 7t" June 1777. SIR:Commissioners lhave been appointed tby tliis Stlate to cooperate with the Cormmissioners of Vilrginia and S". Carolilna, or eitl:er of them, in brigngi about la p)acific.ation w\ithl tlhe Cllrokee Ildians, and also to fix a boulndtary -irne bctween the said Indians and thle mwhite people, and are directed to attend at te Gll.e (.reat Island on I-olston the 2itlh inst. I do myself the 1honor to inclose you a return made rie by tlhe Coo.llmissary of[ Stores, by whllichl it apipears that ta great I)lart of t;he goods sent out for Col. Muhlletiburg's I:eginient lhave been nitmade use of in tilis State for the Continental Troops. Will it be agreeable to the State of Virginia, that tle:remainder should be apl)ie(d to tlhat lurposc? If it will, be so STATE RECORDS. 499 obliging as to inform, and d'rect that I may be -furniished witlh an account of the price of those articles. With great reg:ard & esteem, I am, Sir, Your rostp obed. hunmb'e serv't., RICHlARD CASWELL. His Excellency Gov. IIenry. JOSEPH JONES & JAS. FIREE31EE TO (rOV. CASWELL. [Froom Execultive Letter 3Book.] CAmiD-'lEN, June 17t"'h, 1777. SIR:In tihe rcturn of the list of 'Magristratcs for this County 1Mr. Josophl Jones was omitted to be retturlned, who was then unlvwell, and could not attend the HIouse of Assembl)y at that time. lHe and his neighbours are desironls he shlould act in that capacitvy, bein very colnvenient to a larg e 1nul:1)er of the inhllabitants. Shou'ld you have it in your power to send out a new commnission, and add Mr. Jonres to it, it will be very aYgreeable to his neighbours. HIe clains the first place in the Commrission, as he was turned out by 'Governor Tryon to answer the pulrposeo f forcing a Clerk upon the County of IPasquotank, and is now tile oldest magi, trate t!hat was then. in tlh Commnission, by whichi Commnission the last was regulated. AMr. William llBurrgess waits on you f)r the CommInlission, in case you fin.d it convenient to send one, thie one we Iha ve shlall b1 taken good care of, and returned, if necessalry, into the Secretary's Office. The name of the County was left out in one place iln the first Coinmission, wlhich perlhlps may add to the legality of sending another. We are, Sir,, your very humble servants, J'OS EPH' JONE'S. JAMI cS Ed REBEE.E HIls Excellency Ric.aeliard Caswell. 0- 0 STATE LECOR1MDS. GOV. CAS WELL TO DR. BURKE. [From Executive Letter Book.] NE\V II3EIRN, 1"7th JunIe, 1777. DEAR Sin: Your favor of the 23diult. I received last evening, per post, and acknowledocr, my obligations to you for the intelli'en'ce you give ue ot public m-atters. Tlie malicious report of anl infectious disease provailing in the army has not been propagated in ths part of the countr, at least it ni.ever reached m.n:e am'nong all the difficultics sitirted thcat has never been mientioned to me: indeed the prin ipal. difficulty is want of money. 'Let mie entreat you oncce more to remove that. M'r. Penn left this early in MNlay, and I had flattered myself ere this the moniey from the Continental Treasury would have been sent in, but a few days ag(o I received infori-mation by Col. AV"'. Taylor, wlTho camte here to attend the Council, that he left Grauville scarcely a fortni-ght ago with an intention of going to Congress. M111r. H'arnett, I hear, crossed Reuse about a week past, onl his way, so that I p.-nsesmne Nortli Carolina in a few days will be fully relpresented. And in that case, I am. autlhorised by advice of the Council to inform you tlhat you are alt liberty in the course of the surnier to visit your family: at the same time, we wish you to make as short a stay as circumstances will admit of. The rern-liting business still. goes on slowly, owing to the want of m'oney, as above hinted. II have ordered the officers, with their recruits, dleserters, and late invalids, to attend at H1alifax the 10th day of July, inl order to mnarch, if required, to join the principal army and at the samte tinme promi.sed pardon to all (leserters w1ho shall then join their respective corps, and directed a Court of Enquiry when all those who have left the army without discharges, who can mniale it appear they are entitled to discharges, shall have them. rfhese thingi(s I hope will have some good effect. The General Assemibly have resolved to recominend it to the Congress to pn-t the Artillery Company on the Continental Establishment. They have about 40 or 50 men enlisted for three years, or during the war. If it is thought convenient to p-ut that Company, as well as the le-iinent now raising by Colonel Sheppard, on tie Continental Establishment, I subm-nit to Congress if it wNill not be prmdent to join that company to Sheppard's lattalion, and order th'em STATlE RECOIDS. 501 on. I know it Twill be very agreeal)le to the officers to serve together. Col. Sheppard has till the 1st July to raise men. If he effects it, they are to drawr p)ay —oficers froln the date of COinnlissions, and recruits from the tilme of enlistment. They have, by one means or othlr, been able to procure money. I have received returns from 5 of the Capts. who have alrea.dy enlisted 183 Ilen, and am. told the otller 3 go on pretty briskly, so that I have not the least doulbt but that the 300 men w ll be made out by thle 1st July: indeed I am inclined to think that if the Reogiment is not ordered directly on, that by September they will be conmplete, if money is sent out sufficient to answer the good purposes of recruiting. I enclose a copy of the' Resolve respecting the Artillery Comlpany. Under cover of this you will receive a letter for Capt. Calswel.l, my son, who left Port Roy alJ just out of the smlall pox thle 30th ult., and I lpresuie by this time he is in the Jerseys. Shall I beg the favor to forward this and s(uch other letter as I sIhall enclose to you for lhiim, to the camlp where he may serve: and also forward to nle such letters as you may receive from lhim. l for me. I. lhave advised him to send liMs letters for mne under cover to you, to advise with you in any matters in which lie.nmay be at a loss, or is inllmedliately concel rned in himself. Yolr good offices to himl will be g ratefully acknowledged by, Dear Si'r, Your most obed. serv't., IRICI-AIRD CASWELL. Doctor 13urke. DR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter ]Book. P:HI,'r ATr)'L'-IIAn, June 18t', 1777. DI. SI -- Having just heard of an opportunity, I enclose you the Rlesolution of Congress relative to Col. Sheppard's iattalion. I. have written a letter which I have left at my lodgings, and have not now an opportunity of getting it, but I think it right to take advantage of the present conveyance flor commulnicating to you the N 50 2 STATE RECORDS. Rtesolution. Yo-u mia~y expect the other b)y p:ost, meantimne, hiaving not one instant m.,ore tim~~e. I aif with resl.)ect Your ol)ed. serv't. THOS. BUR~K.E. G4ov'r. Caswell. THOS. HINES TO GOV. CASWELL.' From 'Executive Letter IBook. ] W A KE C OUNTy, 24`1 Junie, 17,77. To 1-is ExCHLLE:NCY, RICF[ARD CASWEL-r Esq. Dr. SIit I beg leave to retinrn your Excellency sinicere thanks for the hoiiour conterred on m-.-e ini granting me the Lieli~t. Col.'s Comniiussionl of the Wake Regimnent of Militia; and was I disposed to act in a military office, it would give mne great I )leaslire to serve nndcr so worthiy a comi-mander as your Excellenicy. 'But behigo consctious of mv. owni inaibilit.y, and the little experience I've had in a military life, I thimik~ it my duty to resign~ the Commuissioni, hopin~g your Excellencey will -not taike -it amniss, nior tlhink -it's from a disaflection to the causes in dispute, or your Exce'llency 1kfor I do afffirml there is no man readier, at all timies, to do anything ini their- power for the good of the State, thani nmyselft and 'I'm suire there, is notl~fing could give me more pleasure thani to oblige your ExcellenIcy in any thing that's in mny powNer. I am with regard, Dear Sir, Your ob't. Im"'. Servt., TilOS. HINES. PRESIDENT J. RUTLEDGE, OF S. C., TO GOV. CASWELL. [Fromn 'Executive Letter Blook.i CIIA'ST'N, June 25th, 1777. Dnt. Srin The Mlarquis de hai Fayette, nephiew to the Frenich ambassador to the Court of Great B~ritain, and Baron de Kalb, who were bound STATE RECORDS.50 Do 3 to Phil'a. inl order to join~ the army under Genleral Washington, the fbriner i-n the chiaracter of-. a -volunteer, anid the latter of a Genertal officer, havinrg, with several. off-1-e-rs anid genltlwyeme of their suit-e, put into this port, whe-nce they pr1oceedc 'by land~, occasions Irly troublinrg you with thiis, to runtroduce thten to your notice, l)eirlg Persma-dedl th~at they will receive from you, e-n passant, such cmvmiities as foreigners of (hstineHTio may expect. am urn c J. 1I1ITLEDG E1. G4ov. Caswell. JOH~N PENN TO (A{)V. CA.SWELL. 1-Fromi Executive Letter IBook.]1.P.1ILrADEL1:puA Junie 26th -1777. D1EAR SIR In. mYy way to this place I was in~formned that salt sold. in MA-arylanTd -for 20 dollars a bushel, there are a considerable nmbmTer of inerebamfits ini this and thiat State that mnake -it their business, to buy up) all. the nieceossaries of life -in order to fix what price they please afterwards. T susp -ect som-e of' that tribe Will. be soonl inl N'o. Ca-rolina to e-ngr ss all. our salt and other things, would it not be proper' to k~eep a look out and lpreveiut if possible suchl a, pernicious, practic-e. General I-1owe ha~s left, 13ruus.wickr in 1a very precipitate manner, ouir Troops are inl pursuvit of tihe fugitives anld we are, not without somew ho-Jpes that they w~ill. he able to f)pre\ellit our enemies gettinig out of the State of Jersey but With loss anld di~sgrcace. Geiieral Washington suspects that the will ingiues's with which tire militia turned out to opposO 11owe wcas one recason for Il, ishing to get b)ack to __Newv York,. Th'le people hiere have agreed1 to postpone a~ll their iprivate disputes about their fo ril of Government, &e. &c,. until the enemumes of Americla a~re subdued, and it seems are now ready to turn out. Every thring niear this'looks well. I am withr the g'reatest estecir alrd respect, IDear Sir, your very obt. sc~rv't., JOH 1 N P EN N. 504 Sr AVTEx RE' 1 eCOR[) D S. TO DR. THOMA S 3BUT.KE, EFROM SAM. JOHINSTON, ESQR. [Frolm Executive Letter IBook.] EDE,'rNTON, June 26th 1777. D)EA, SIR, I wvrote a Letter.wlhich should have gone bly.Mr. Hewes, but by so0111m e mesfl it was forogot. As you will see hnil, your loss of the letter will be of little consequence. I have had an oplportunity of seeing an cxpevriment of the new Legislalture, and a1 m as little pleased with it in p)ractice as I was formerly in T'heory n a md a; still of opinion, that tlhough your pllan mighlt, for aught I know, be well adaplted to the governilment of a numerous, cultivated people, it twill b1y no means be attended with these salutary ends which were in tlhe contemnl)lation of its i'ramers..The few good men or men of undlerstlding, anld lbusilness who had inclination or interest to be either of tlhe Legislative or Executive DepartmenIts are by no imeans slufficient to counlterballance tlilc fools and knaves, who by their low Arts lhave worked them)selves into the good graces- of tlhe poplil'.lat. lWheni. 1 tell you that Ii saw with il(lig:o'nation such(..men1 as (-, -t T-s, P'-S-N and sour1 Collcgue J. Penn, witlh a few others of' thie same stalnlp, principl) leaders in both Ihouses, you will not Ex')ec th.at anyi thilng good or great should proceed flonm the c(olSi'else of men of such narrow, contracted principlle, sippl)orted 'l y the most contemp)table abi li.ties. 1'i.ewes was supplan.ted( of 'his seat in C.ongress ')y the most insidious arts anld gltarinlg n altiselioods, atini ] Lo),le r, thoughl no coinlpetitor appeared to opposce thil, lost a grcalt numbler of votes. Quince for no crilme a(ll]eged a.oa.inst hi.m 1) ut; thait he was a mian of fortrune, was tlurned out of his ap:.poilttll(.let of Na val ()0licer of Port B.ruInswick, wbli. chl was fill(d )y: strip)lii'. 'P, rsonis are recoinmended as Judges of tlhe Coulrt of Oyer anid TeIl r.i. er in this District, who are scarcely qua. lified to execu.te tie rmost inconsidcrable Office in tlhe State. Tlie one who is best:quaifie:id ai-ld was formierly Deputy in the Clerk's O)fice, has too nliuchi. mnodesty to act, consci.ous of his Incapacity. I giv e tts as only a f'ew specinrlens of tlie ho)pefl'l beginining of our niew go(vernl'init, omlittino to.mention. a numbl'er of acts, which in my opinion are extremely iml)olitic andi ill. ju(dged att this time STATE RECORHDS. 505 The event will sllow whether I amlr m:istaken. I wish to God I may be. I have resi2gned my O:flice of T reasurer of the _Northern -District and am succeedcd by Col. Skinner of.P'er(quimmons County, but though. I alm now out of' Office and totally abstracted froml all political concerns, it will alwrays give mne pleasure to hear from 'Oel.. 1Pliease nak my c(olplimnents to.I1arnctt, who I expect will l)c witlh vou before this, land believe mre -with the most sincere respect a nd esteem-n.D)ear Sir, Your most obedient servant, SAM. JOIIN-TSTON. FRAN CIS B 1CliJE TO ( G(O. CA SWELL. i''rom Executive Letter ]3ook.] WILMrINGlTON' Julne 29t', 1777. rlThe Col mrlissaryls )buIsiness c'l linlg A:Mr. Cra.ike's attendanice to.some other p,!rt o-f the State, le t.hought proper to acqluaiilt 1n1c with tlhe -lesolve of the (Couincil for the remiova! of tlle military stores to PIointt Il.leasant, desiring th.at I wd see it done; —I shlottld have rece:ived in:fillite 'satisfi'.ction0 ill bei igh tlhe e'xecutor of a l.esol\-e.so rman.Ili.festly necessary for tlhe sec(:rit of the stores-the first step I thongltt slid be takeln was to infoi')n r mI sel-f, if' a suf-icieint number of itnvalids were ]Ie ret to co.nstitu tte a prol)er guard, on findi1ng there was not, I theln applied to C tn. to Cknowt if a g',brd c1ould( be procured from thle artillery, who told me the col)mpanyi at that time (yestcrday only) had so few men it was im:possible for himr to supply tie Inumber necessary fior tlhe occasion, witlhout takincg aw\ay tlhe sentiies at the upper 1battery aInd the store where the clothing is kept, the only invalid being bturied two days before my application.- From thlose cir cnnmstainces I have declined remnoving the stores, till your: Excellency can point ouIt some method by which a guard may be obtained, as without i the safety of themi would be more precarious than lwhere thley now a.re, tho' we are wcll inf'ormed of tlhree vessels of force being over our bar. The defeknce 506 STATE REECO()DS. less state of this river, Tmakes the present situation of tle stores very dang'erous, and ought to be a.matter of serious consideration.. 'Most respectfully I 1 am Your Exceelenrcy's most ob't.-t'ble. Servant, 'IAN.CIS BEIC3.1CE. IHis Excellency Ri chard Caswell. JOSEPH LECH & JOSHUA IHEIMPSTE]) TO GOV. CASWELL. [From Executive Letter Book.] NE wv BI IEN, Jlune 30th 17 7. The berer r. obth ee ot in the sevice of The bea:rer Mr..Robert Turner hath 1)een out in the service of, his country as Captain of Marines on board the — rig PrInnsylvania Farmer and lhath dxalways b:)ebhved himnself well in his station, and tells me lie hath the (iler of a Lieutenranlc iIl I ol.)'. lepplard's.Regiment, which if not, already fillcdl up, talke the liberty of recolnienddiing hliin to your Excellency for said Commrission as I think he will fully lanswer' the expectationls of his country. I 1am yourm Exc(eilency's mTost obediient lum. Serv't., JOSEPIH LEECIH. OS()StUA. IHEI'SrTE). His Excellency ''1'.i (chard Casw\el1. MAJOR WILLIAM L. DAV'IDSO(N TO ()OV. CASWELL. [ -From Elxecutive Letter Book. ' IHEAD QUARTERS, Saliisbllry, Juily ye 2'', 1777. Sm.:In coimpliance withi your Excellency's orders I lhave sent you a. return of the part of the 4th Battalion now present. There was four Captains anid eight subalterns of the 4th. Regiment left in this. State for this purpose of recruiting; you will -ind by the return that only two Capt's and three subalterns have appeared with their recruits. It is now three days since the time appointed to meet which could not be effected sooner on account of the circumstances. STlATE RECO(DS. 507 mentioned in mty letter by A:r. Allexander. I expect the other offi- v cers every day but have reason to fear that their success has not been good. The chief of the returned recruiits were raised in Rowan Co. and I[ imagine that the business would go on with pretty good sluccess, could recruiting imoney be procured. I have appointed a (Cominmissary to victual the 1Battalionm while we remainl here so that the greatest difticulty we labour under at present is the want of a paymaster, as the greatest part of the soldiers have received but a part of their bounty. I am afraid of being lblailed for not ha ving thle recruits 1)aradedl at qliarters before this time, but beg to have it considered that I had recruiting instructions to send to officers in the most distant parts of the State after they come to mly bhand. The recruiting service and the discipline of the Troops shall be strictly attended to. I am, Sir, Your Excellencey's most obedient and humble servanlt, WILLP'.M.L..DAT-VDS()N, Major 4th It. To Hi:s Excellelncy 'Richl.ard Caswell, Governor and Conimmanfnder in chief of the State of 'Nortlh Carolina. D1). THOS. BURKE TO GOV. CASWELL. [From. Executive Letter Book. ] I.-rLA.)ELPT[r'IA., June 27ti,.1777. Di.. Si:-n I have at present tirie to do little more than. iilclose you the paper wlwhich contains a letter fromn General Washingtorn shewing the position of eatchl army, and giving solme particulars relative to the enemy's retreat froim Blrun.swick. I vwrote to you last post, and by a man who went home last week inclosed you. all t.le intelligence which has occurred since the opening of the campaign-I also inclosed the Resolution of Congress relative to Col.. Sheppard, and I hope you have received them all. I sent a duplicate of tJhe IResolution for fear of miscarriage. —its substance is that Col. Sheppard's Battallion is received on the Continental Establishment, on the terms stipulated by the Assembly, and ordered, so soon as his three hundred privates are raised, to join the General without delay, 508 STATE RECOR1)S. leaving proper officers to finish the recruiting. The campaign has an auspicious dawning, and I Iope wTill set with great and happy lustre. Give me leave Sir to congratulate you thereon, every post shall be charged wNith such parts of the progress our arms as can be learned. At present Sir I lust bid you adieu. Having th1e ihonor to be your Excellency's very ol't. Scr't., TIIOS. 1BUIKE. Gov'r. Caswecl. This goes by an opportiunity to Charleston Enclosed are all the papers containing any intelligence —by anot.her opportunity in a few days I will write again. July 3' 1777. GOV. CASWELL TO PRESIDENT RUTLEDGE. 1 F.rom Executive Letter Book. ] NITA I:BEr31N, 3', July, 1.777. DR. SIn:The bearer Maljor De CLa Port, a Fr ench Gentleman in the ser'vice of the IUnited States of A.rmerica appointed in the State of Virginia, comes well recommenlded to m e by the Governor of that State. He is on the business of recruiting, lias been somewhat successful here. From his assiduity aTnd conduct I am inclinled to think he will answer the purpose of his a)ppointmlent. Hle has enlisted six men in this place and sent theml on to join his party in Virginia, tllin.ks lie nmay be able to ra.ise SOmIe rci.rllits from among his countrymlen in Charlestown for whlich place lie is new setting out. This Sir is to introduce him to youlr Excellency and I flatter myself he will meet wit h such countenance from you as his conduct and the irmportancce of his employmlenlt mlay deserve. ITe calls himself Major, but is recolmmended to me as Ca.ptain. I have the honour to be with tlhe greatest respect and esteem, Dr. Sir, your &c. RICIARDI C2ASWELL. Pres't. tRutledge. S. Carolina. STATE -RECORDS.50 509 GOV. CASWELL TO JOHN ASHE ESQ. [From Executive Letter iook.] Nx-,w B3ERN', 3d July, 1777 DE-AR SIR: The bearer Major De La Port a.French Gentleinan in the service of the United States of Aimerica appointed in Virginia, has been by permnission, somre few days recruiting hiere and is now about to proceed to Charles Town where le expects to raise sonic recruits fromn among his countrymen. He, is al lmreiensive lie may be short of cash and requested lie may be supplied, I therefore request the favor of you to furnish. him on account of the State of Virginia with fifty pounIds this currency. I have not the least doubt but it will' be agreeable to the General Assenibly, espee-ally as we have an acct. with that State for niraterials furnished the Galle3 s building by theien in this State, ard have to acc't with them P-'r articles sent out here for Muhlenburg's Regiment which have been applied to the use of our Troops 1 arn with great respect and esteem, Dr. Sir yours &c. John Asle Esq. GOV. CASWELL TO WILLIAM WILKINSON ANT) OTHERS. [From Executive Letter Book.] NEw i3).EmR, 3d July, 1777. G INTLEMLEN The bearer Ml ajor De La Port a French Gentlemen in the service of the United States of America appointed by the State of Virginia is, by permission, recruiting in this State, as lie comes well recominended to me, and his assiduty and conduct here has been such as, to induce nie to believe him to be a Gentleman of merit and abilities I take the liberty to recormmend him as such to you, not doubting he will meet your countenance and assistaice in the business of recruiting. Any civilities youi are pleased to show this Gentlenian will be conferring an obligation on Gentlemen. Yours &c. RICI-ARD CESWELL. To John Ancrum-i & William Wilkinson Esqr. & to the other M'agistrates, Wilinin gton. 51( STATE RECORDS. JOHN EASTON TO GOY. CASWELL. [From Executive Letter Book.] Bl3:EAUF0'o'RT, y0 4t" July, 1777. hce 2 Independent Comnpanieies which I amn paymaster to has received from your Excei'lency no pay since the money I received from your: Ex(ellenlcy at -I[aifa.x vwhicih p)aid them uip to the first of December. I have got bills to <~1000 aln't )but have not as yet sold them; there is aIt this time due thl.em exclusive that sum for Gno. pay whichl at ~500 per month as the 2 Comnpanies ani't nearly to thait sumn makes a slum of ~3000 now due. If your Excellency should think it consistent shouldl be glad of a warrant for about ~3500 as I would willingly pay them off and the commissions will swell the ain't some. Alir. G ibble waits on your Excellencry for that purpose. We haI ve h]ad exl)ectiations of your Excellency's paying us a visit, should be happy in endeavoring to lmake the time agreeable while here. Pu reair and plenty of fish we have still to boast of. I am with due regard your Excellency's obed. scrv't., JOHI-IN EASTON. To His Excellency tlhe Governor. J. G. T.BLOUNT TO iO'V. CAS]WEL.L. [From Executive Letter Book.].*1~~, (]~CONTiENTNEY, July 5th, 1777. SI.I:I was yestelrday ilnformned by Col. Itobert Salter who left Tarborouglh that mornirng that Col. Willi. im WAilli. aias wras out there on some business tand had received an express from lMr. Whitmil Itill infolrming hirm of a traitorous conspiiracy formned mostly in Martin and the adjaclent Counties but morel or less ill almost every County from Northl to Soutl of the State. They were at so.me certain night to fall on and 'assassinate all the leading men. The discovery was made, bly some person whon. ttley had lately taken up and examined, and it is generally believed there are some prin STATE R(ECOlEiLS. 511 cipal persons concerned in their lhorrid plan. If so it's more than. probable they are acq.uainted wtithl tile unlguar(de.d situation ol':' the magazine of this State aind will make an attempt te destroy it. I beg leave to observe your Excellency tlat I thtink the Artillery Company at Wil.ningtonl are q(iu ite ilsuftlcie-nt even with the greatest diligence to the task of g(uar'(:1l i tlhe two fo'rts, magazines,.&c. 1 am withl respect your Ex(cellency's lln.li'b ser'vt. J. (G. I3I.TNT.. His Excellency I.ichllard Caswell. D-R. T"l_-.OS. 1iURKE TO GO V. CA1 vELL. [F1roim Eixecutive IBook.] Ti:LAIDE)iA llr1A Julll 5th, 1777. D m:. S1n: Yolur sever:l falvouors of tlhe 1-l0th] & 1 lth ulto. have colme to hIalnd, and you lnay lry rel y b y est attention to all your conmmandds. Mr. I:'ennr is larri ved and lhas.brought the papers necessary for obtaining the nLl,ut the me T reasoury bein r very nearly exhl austed of all folrmer clrlissions 'I fear we must wait sometirme before we can 1rocure a sumn from one lately vote, ed adelquate to the demand. We haIxe howeve r obtained an order of tlhe Treasury fio thrce hundred tlhousand (lollars to bo delivered at B3altilore whlere the press and Sig gnllers are, aIndi ti e l:oar'd of War ar le properly instructed to foMall-d it witlhout delay. I observe the lResolve of the Assembly directs the l)el.cgates to selnd forward 250,000, dollars and the residue of the 500,00() not drawn for under this lResolve, or previo'us thlereto. T lhese diflicuiti (s oc(cur ',i'. Are tle 2il5,0)(() to be cons idered asp part oft tlle.50)(0,())000 o'r are thle, to be all alddit.ionlal. d(emT'and? Ar e t.he I)Delegati:es. to send tlhis lmoney atl thle riislque of the State, autd ltnot in tlhe u.sual 1wa' itnd(erl thle direc tion of th-e 1Board of War?i The latter i can not tlhiiik to Ive blee i itended by the Alssemly, and therefr e fo I have venctutred to advise its bIeing sent at thle risque of the Continenlt in the usual way. In this AMr. PeInn conIcurs with ine. The formern question I cani not decide upon, but until it 512 STrATE RECORDS. is more clearly expressed must suppose it is intended as part of the 500,000 dollars. ~We know not what sums have been drawn for by the Treasurers. 1Mr. Johnston did indeed always advise me of his draughts, but Mr. Ashe did not, and want of information on this head olliges me to retain two hundlred thousand dollars to be applied in paylmernt of all the bills drawn heretofore by the Treasurers. I perceive Mr. Penn. has a bill from YIr. Ash in his own favour for sixty odd thousand dollars, on what account this is, I know.not, or under what authority MNr. Ash has drawn it. But I sha'll take I1o notice of it as a public transaction until. I see some Resolution of the Assembly which gave rise to it. Your bill in favor of Mr. Ellis has been paid, the others are not yet arrived. Nothing mIaterial. has happened sin: e I wrote you last, except the celebration of tlhe fourth of July (the anniver,-ary of the declaration of Indepenidence). You will see it at large in the enclosed paper; but the one thing is remarkable; this day, and the 28th of June, nmemorable for the defence of Sullivan's Island, were both celebrated here, and at both a Iessian band of music which were taken at Princeton performed very delightfully, the pleasure being not a little heightened by the reflection that they were hired by the British Court for purposes. very different from those to which they were applied. July 7th. This moment I received yours of 17th ulto. by post inclosing the -Resolution of Assembly, and a letter to Captain Caswell. Our Troops are encamped within a mile of this city, and General Nash lodges in the same house with me. I have not seen Captain Caswell, nor did I know until I received yours, that he was in the army, I shall immediately send to him, and hope to have the pleasure of his company to-mrorrow to dinner,-be assured, Sir, it will give me the greatest pleasure to attend to him, & render him every service in my power. I shall, Sir, observe your commands. relative to him with a friendly solicitude. The Resolution of the Assembly shall be laid before Congress, and you shall know the result. I thank you, Sir, for yr attention to my private inconveniences manifested in the permission you give me to return to my family. I shall avail myself thereof as soon as I can assure myself that it can be done without injury to the public business. I shall STATE RECORDS. 513 write you again by the next post, or opportunity, and meantime have the honor to be with tlie greatest respect and esteenm, Your Excellency's most obedt. serv't., rTI()S. BURKE. I take the lil)erty of inclosirng yon two letters, which I beg the favor of you to forw ard. Governor Caswell. JACOB BLOUNT TO GOV. CA.SWELL. [Irom Executive Letter Book. ] CONTEIINTNEY, July 6th, 17'77. D)EA:R SIR:- You will receive a letter by the bearer George firon my son,Johnl who came froim Col. Salt.er's la.st evening informing you of' a most bloody plan supposed to be laid by. somne of thle enemies of Amnerica:-as to particulars I refer youl to his letter. It doth not remacin a doubt with mi e blut that there is so1me persons of nlote concerned in tlis horrid plan. If that s!hould be the case, they will certainly make an attermpt on ol0 public magazine the first thing if it is not well guarded. I hope, Sr., you will take care of yourself. I should have done myself the honor to have waited on you myself, but mny famiily being all down with the flux, I could not by any means leave them. Mr. Ja'mes Harvey lies extremely ill with it. I dispair of his ever recovering. Mrs. Blount, MIrs Harvey, and Ned Baker is extremely ill with it now. Upwards of twenty of my negroes hath had it. from, Sir, Your most ob't Serv't., JACOB 13LO'UNT. His Excellency Richard Caswell 33 514 STATE RECORDS. MAJOR J. B. ASHE TO GOV. CASWELL. [From Executive Letter Book.] HALTFAX, (t"' July, 1777. SIR:The 3earer, Lieut. Joseph I:ichardson waits oil your Excellency to procure a draught on the Treasury, for whatever Sum your Excellency thinks proper, for the purpose of recruiting. I am your Excellency's very obdt. & very hble. s(rv't. J. B3. ASHE. Governor Caswell. JOHN PENN TO GOV. CASWELL. [Fromn Executive Letter Book.] PIIIL.AD.,\ July 6 6", 1777. jDEAR SIR:It is with great c-t1on(ern tha1 t I i nform you w.e hlave lnot been able to send off t1he mo1ney for 11r StSate vet. Doctor Burke and myself have done everything we, could to procure it, knowing what pressing demands you' have, and tlie nlecessity there is for using dispatchl; there was very little mlloney in the Treasuryv when I got here, and one or the other of us lhas beenl almost every day at the Treasury Boarld. I a in:iT opes we sllhali 1 be able to dispatch 300,000 dollars in two or three days, you may depend that nothing on our part will be wanting. The money is clhieily raised in this and the Eastern States by way of the Loan Offices. General H.ow-:after having made a variety of nmanoeuvres and finding that Gen. Washington would not give up) his strong post, went over to Staten Island, and soon after sailed with hiis Troops towards New York. It is supposed that he intends by way of the No. River to form a juLnction with 131Burgoylne if possible. General Wasllinton did not incline to risque a battle on equal terlms, nor wass Gen. Howe willing' to attack our army on the hills, or to imnarch flar this way, & leave our Troops behind him. It is oiut of my power to tell you how many soldiers are in either army, ours is said to be increasing. The Brigades sent after the enemy had frequlent skirmishles, tho' nothing of great consequence was done. 0 STATE RECORIS. 515 We have nothing new from Europe lately. Mr. Lee one of the Embassadors is gone to Madrid. I informned you some time ago, how dear salt was in Marylandl andl tlis State, owing to a few persons pllurchasing it up, and that I suspected endeavours would be made by some of them to e'nrgage all that use.ful article with us. In order that your Excellency mighlt if possible put a stop to such a miscllie-vous practice, should it be attemplted, I mention it again for fear the letter may have miscarried. I am with the greatest reslpect Your Excellency's ob't. Serv't., JOtI1N PENN. His Excellency Richard Caswell. JAMES WILLIAMS TO GOV. CASWELL. [From Executive Letter Book.] 1CH:1 hAu, 7 thl Ju1ly, 1777. M.ay it please your Excelleincy: The bearer hereof, Mr. Francis DI)rake, (a very respectable inhablitant of this County) waits on your Excellency, as Chief Miagistrate, in order to prove a will before you,' and take out Letters Test.amentary. The witness lie will introduce, (Mr. Richard Drake), I can assure you he is a man of great integrity. Mr. Drake also brinmgs with him a copy of the proceedi.ngs of ourl County Court, which I shall not animadvert on, nlot d)oubtirng but your Excellency will see the iumpi)ropriety of their cond (uc t on th is occasion. I aim induced at the carnest solicitation of tM.r. Drake to troublle you in tllis affair as he is altogether unacquainted with busineiss of this kind. I am your Excellency's mo. obedient Servant, JAMES WILLIAMtS. 516 516 ~~STATE ItECORDS. DR. THOS. BURKE & JOHN PENN TO GOVX. CASWELL. [Fromn E1xecutive Letter B~ook.] P111LA-DuLrI'l-A) Jully 8th 1777. Sil We have obtained an. order of Congress to the Treasurer, -who h1as been. at Baltimore since the tim e the Congress sat there, directin~g himI to senid to your State three hundxed thousand dollars. This sumn is as uiuch as can now ibe spared froin the Treasuiry, alld wve hope will. answer the exigencies. We wvill transmit you. a State of the Treasutry debit against our State in a few days afteor th~is:at presen~t we thiink~ it not expedient to detain the mcessemi~ier, especially s-ince, your occasions for money are so pressing. 'We t know not the amnount of the bills, drawn by Mr. Ashi, -and wN~ish youtr Excellency would direct hfim to transm-tit uts an account, the cot' XX 'e have tie lhon or to b~e Your ExccllenICY'S obedient Servants, TLIOS0. ]3UI',KE, J-01N PENN. Governor Ca1sweli. GiOV. P. HENRY, OF VA., TO GO0V. CASWELL. [Froiu Executive Letter l3,ook.] WAISBURGHr, Jully 9th 17,77. STIl I beg leave to imention th ~e case of Mr. 'Delaporte, a French Gentleiman, to your Excellency. He was giveni to understand that several Frenchmen might be recruited in). your State, and set out fromi hience on that business. I am sorry to hear hie is so unlucky as to get into a qutarre'l, the conseque-nces of -which I hear are serious. I shall esteeinf it a favoutr if you'll please to take miotice of' hlim, and render him every proper assistance. With great regard, 1'I have the hono~r to be, Sir, Youir most ob'd. servant, P. HENRY. His Excellency Richard Caswell. S/TATE RECORDS. 517 WILLIAM BORDEN TO GOV. CASWELL. [From Executive Letter 13ook.] N1:'WPORT, July 9't day, 1777. To His EXC:ELLE1NCY {.:rCl:InAR) CAsw:WrLL[,. Friend, I was inform-ed by C(apt. Enoclh War'd, that 1 was appoi.nted by the Assembly of this State, to supplly his Indep'". Coimlpany with provisions, for whlich I was but illy provided, as I had not previously to said appointnlent, provided any quantity of meat sufficient for such nulmber of men. Ihowever, I hlave done it froml the first day of May to this instant under many disadvantages, though I had no money, nor drafts for any from the public. I shall be glad your Excellency will send me a warrant on t1he Treasury for that pupose. As to thle suim your Excellency will be a sufficient judge of, as you will know thlat pork is at so high a price as ten pound pr 1Barrell, an.d that the only meat of any account yet used; and younr Excellency w-ill much oblige. ~ Your assured Fr1iend &c. WILLIA.M B(O RIDEN. G()V. CASWELL TO MAJOR DAVIDSON. [From Executive Letter 3ook.'l KIN.Sr'ON, 10(t' July, 1777. SI.t:Y'our return with your letter of- the 2'" iinstant I thave just recei.ved, and am really concernell to find your offi.cers are not punctual il. obeying orders. Without that t roper disciplin e can not be kept up; I conclude from your letter you halve nit received one I addressed to you near a monthl past to thie care of Col. JJohn William.s of thle 9t"' 1attalion. In it were ilclosed copies of the proclamlations I. herewith se.d( you, and as the one relquiriing the Troolps to re.)pair to.Halifax has not been attended to, I. lmust now request that you march your nmen inmmnediately to IHalifax except one officer fromt each company, whoiio you think best (Iualified to remain inL the State to recruit. On your arrival there you are to apply to the commandilng officer, and follow such instructions as I 518 STATE RECORDS. shall furnish him wvith. If yoll do not get there before lie may march, you will b)e pleased to rmake me a' returnit ilmmediately on your arrival at hlalifax, anid wait snll orders as Tyou may then receive from me. The nmonoey is not yet arrived from Philaldell-lhia, but is daily expected; on its arrival I shall order a paymaster to attend at Halifax to pay up the arrears of bounty antd pay. We lhave just received accounlts pI)blish ed by order of Congress, that General How had am:arcl(hed from:n his encamntpnlent at Ilb'Ulrswick nine miles on his way to 1Philadelphia 1wh ere he was lmet )by our brave General Washington an(dl the Americani Troops -w\lo put the British to the route; that they endeavoured to return to their old quarters at Brunswi(ck, but found three of our Regirments in possession of it, who refused to let them enter. Wherelupol they were pursuing their marrch to Almboy, and our Troops on their heels annoying and distressing themr: few it is hoped will be suffered to get on board thleir ships. This account is ipblished in the Plliladelphia papers of 24t' June. Let me hear from you by every opportunity. I ami, Sir, your most obed't. serv't.R. CASAVWELL. MAaj'r. Davidson. GOV. CASWELL TO COL. J OHN WILLIAMS. [From' Executive Letter Book. KIN(STON, 10th July, 1777. SIR: I had required the attendanice of the Council here on the 8th current, some matters of consequence to the Southward required my consulting them. previous to lmy going to Halifax, which. I intended: but as the memrlbers of thle Board, for reasons best known to themselves, have not met me here, or at least not a sufficiett number to proceed in business, I arm under the disagreeable necessity of declining my journrey to Halifax; therefore you will be pleased to observe the following instructions, viz. You are to make me a return as well of the Commissioned officers, and Non Colnmissioned officers, as privates of each Battalion STATE RECORDS. 519 now assembled at Halifax, with the numbers of absentees and. invalids belonging to each, who are in this State, with a list of such as you now discharge, and for the purpose of discharging such as are entitled to disehliages, you are to hold a Court of Enqury in the usual manner, and I hope and expect that a particular attention will be paid to the testimony which may be introduced before such Court, so as to discharge such as have actually served out the time they engaged for. At the same time I have no doubt but a strict enquiry will be made, whether tlle person who applies for a discharge lias not been reinlisted, which I know has been the case with many; but by this I would not be understood to wish you to withhold a disclarge from any man wlho is entitled to it, as I am convinced the State is ihonor bound to discharge those people who have formed their contracts, as well as from the principles of justice. You will render me an account as near as you can, of the arrearages due to each company, and if any paymaster *is left in this State, and who lie is, and where he may be found. You will, from the returns of recruits made you, be able to judge wlho will be the proper officers to leave in the State to recruit: a list of those Gentlemen you will return to me with the utmost expedition. You will hold all other your officers and men in readiness to march at the shortest notice. You. will (inform) Col. Long, the Quarter MIaster General, of your number, that he may provide waggons to proceed withl the Troops. You are to inform me if you have one or more Communissaries with you whlo will supply the Troops under your comnanid. You. are also to inform mle, the number of firelocks you are deficient, if any; and whether you think it is practicable to prevail on your peop)le to march before their arrears are paid up. Tlhese returns you are to send me by express so soon as you possilly can, that 1 may take the necessary orders thereon. I am Sir, Your most ob'd. Serv't., RICA:ITALD CABW ELL. To Col. John Williams, in his absence the CoImmanding Officer. 520 STATE RECO)RD S. MICHL. PAYNE TO GOV. CASWEL''. [From Executive Letter Book.] EE)NTON, July 14th, 1.777. SIR:I rec'd pr post your letter with the Commnissions, and am. at a loss to know how to act, as you lhave not mentioned whliether there 's any thing to pay for them or not. I should take it as a very great favonr if you would please to write ine on that head, and oblige Your mnost obed. hbl. servt., AIICII'L. PAYNE. His Excellency Richard Caswell. COL. JOHN WILLIAMS TO GO-V. CASWELL. u* Cil[From Executive Letter Book.] H1 ALIFAx, 15t' July, 1777. SIR: This (lay rec'd your favour by express, and the contents tlhereof will comply with as soon as possible, a numbler of officers and recruits has not yet joined us.-Agreeable to your formner instructions I ordered a Court of Inquiry, which lias been sitting since the 10th instant, and will continlue (t expect) two or three days longlr: a great number wiill obtai nl dischlarges:- You desire I would say wh:ether I think it prracticable to mlarchl the men ebefore they receive their wages? For answer I. refer your lIonor to the proceedings of a G ( eral Court Ma.rtial, that vwas held yesterday and herewith you'll receive. 1 atm informl'd the palymaster of the 6 l.eginlenlt Mr. M1osely is not gone to tlhe Nortllhwa1rd, lie lives at or near Rocky Point. We lhave 266 privates, 5 drlummniers, 7 fifers, 37 serg'ts., 2 indiflerent Commnissaries, (to-w'it,) Amey and Dent, 2 adjutanIts, 13 Ensigns, 37 Lieutenants, 23 Captains, 3 Mai'rs., 4 Lieut. Cols, 1 Col. Total effective, 399. Also we h]ave 10 sick in hosp:it<al. rThe miutiny that lutpp)enedi in canlp last Saturday was almost gelneral, ocCasio'd(l by orders to hlold tlhelmselves in readiness to STATE iEECOR1)S. 5)21 march over the River, where it was tlouglht to be the best place to camp; which orders were countermanded, and the soldiers and &c. still remain in town. I shall do my best endeavours to prevent tlhe soldiers from mutiny & desertion. Five hath deserted since the rendlez-volts h ere. 1 am Sir,withl much respect, Your most obed. Serv't., J'() I.OHN WILLIAMS. I-lis Excellency Govern-or Caswel.l. LT. COL. HENRY IRWIN TO (GOV. CASWELL. [Flrom Executive Letter Book.] TAKBl.0 0ijOO U l 16"tl Jutly, 1777. DR. S 1: — B3eihg ex:tremely unw ell. preveiited (my attendimng at Hlalifax. I am now7 got somne better, and od would wislh your Exceellency's permission to go all to tile Noo'rward to join my ellegimnent, as I can't promise my self any advantage I can b)e of to the atrmy, staying lhere. I aml very sorry to inform you. of too many evil persons in1 tllis and the neigh.boring, Counities being joined in a most wicked conspiracy; but am in h opes it nmay ibe stopped, a s imlany have come in, and made all the discovery they knew ot,-ab)out 3() of thelli made an attlllpt on this place, buit liickily I had albout 25 ineil to oppose theimI. I disarmed tlhe wholer, anld mlade nlma'l t-ke tle oatll. I amn Dear Sir, Your Excellency's most ob't. Serv't., HEN RY IIRW-iN. His Excellerncy Il'ichlard Ca (swell. LT. COL. ROBT. MEBANE TO GO)V. CASWELL. [From Executive Letter Book.] T.,ALIIFAX: July 17t' 1777. ST1:A return of the success of the 7th Battalion your Excellency wrill have in the General return from the Colmmanldinrg Officer, the 5)22 STATE REC()ORI''S. chief reason givein by most of the officers upon thle recruiting service for their bad success is want of money, in which I am persuaded there may be some jlustice. We have iumbers of deserters, who I think it Nwill be iimpossible ever to hlave brolught in, unless officers are sent on purpose after them'; as they generally live too obscure for proclanl'ations or any other ofifred cleinency to reach them, even if we cou-ld suppose they were determlined to return to tlheir duty. I have, (.with the leave of the colmmanding o-iceer) sent several. officers frome the 7tht! PIattalion in lquest of theml. As som.e officers had not disc:lharged their duty, and in some ieasure disobeyed orders upon hearingo the instructions givenl by your Excellency (to the Commalnlindiinig Officer) they be!g leave to resign; this indulgence I thilnk lay be granted tlhelr without any injury to. the service. I should be glad, in -makillg future appointmlents in this Battaltion, if agreeable to your Excellency, that Commrissions may be granted conditionally, acc ording to the number they recruit. I should also l)e glad that I nmay be ordered to march with the first that goes from this place. I am, Sir, with all possibl.e deferenee and respect Your very ]h1'. serv't.,.,)rlOt. AIMEIBANE. IHis Excellency (Goverlnor Cas1well. MAJOR SELBY 'HARNEY TO GOV. CASWELL. [Frlom Executive Letter Book.] (CAMP.r'r AT -LIFAX, Jul'.v 17th, 1777. SaR.:I amn extremely unllalpp)ly to inlforml you of the bad success we have within the recruiting service, but as it is a general complaint of imy officers that thllcycouldl not dispose of tlleir bills, and that the officers of the 10th Iegiment ordered to be raised for the defence of American liberty have been the gre:test impedirments, by assuring the people in general that those who would enlist with them should not go out of the State; I hope therefore your Excellency will take it into due consideration, and be assured it is the greatest mortification to inform you hjow far we have fell short of' our own and perhaps your Excellency's expectations. The ungenerous conduct of Mr. Stephen Swain has been the STATE RECOOIDS. 523 principal cause of mry giving your Excellency this present trouble, who after he lhad solicited me to interest for him with you for a Commli.ssion, ungenerously refused it, I ]lhave therefore sent it inll.lsel. I would also inforr you of the conduct of Mr. Charles Ienlnis, a second Lieutenant in the 8th Battalion, who was ordered to march with our forces to the.Northl(ward, )but las disobeyed orders, and is now at home with a considerablle sum of the couintry's money in his hands. The l)bearer Mr. Stephen O()ens, las applied to lme for an EnsiTgn's (com-m'llission, b)lut as lie is a stranger to me, I woulld refer to you as the propcrest judge w'letllhr his recolmmendation is suflicient. And I am witli due respect, Your Excellency's miost obedient h1umnblle scrv't., SELBY H ARNEY. WM. EHOUSTON & OTHE RS TO GOV. CASW.ELL. [From Executive Letter Book.] l)urIN COUr: I'IousE, 17th July, 1177. To Hlis Excellency Richard Caswell Esq Governor of the State of.Nortlh Carolin:a. MAY IT PLEASE YOUu EXCjELLENCY: Upon receividg the information & deposition of Winu. Whealy, who swore against Felix Kennn and ltichard Broc *s, we have sent out men to apprehend them, Ianid Brocas being taken, and not having the laws t, direct us in what nmanner we should proceed against him, have thought it best to send himr to your Excellenicy. We have men after K1ennan, and if it should be improper to send him to you: also when taken, please to inform, us by the ]rearer, M1r. John Molton our Shleriff. 'We are not able to mnake any discovery of the plot by any person that we have called upon as yet. We shall exert every nerve in our power to discover the coibination. We are Your Excellency's most obed't. Humrn'c. Serv'tS., WM. HIOUSTON, Chairmann. JAMES KEJNNAN. JOSEPH DICKSON. P. S. Have sent the deposition with this Sheriff and Brocas. 524 ST2.'AT1E R-EOCOI:DlS. CAPT. HARDY MURFREE TO GOV. CASWELL. [From Executive Letter Book.] CAM.P A.,T HALI'FA'X, 18 July, 1777. Sii:Mr. SaTnnel Jonles of ]Iertford Couinty;, lwho entered in the second North Carolina Contintenjtal B]attalion as a Cadet 24"t of Mlay last, who is at this place in order to i..narch to the Northward, he is a genteel Genltlenianl like( man. Since I was at Newbern last Capt". Ga.rdlner of the 2d IBat'.. hias 1r'sign'(d, and Lieut. Standing says lie will never join the 3Battalion again. I should be very glad if your Excellency would grant the said AMr. Jones a Commission as an Entsign in tlie second IBa3tt'., (and send it by the bearer, as I understand there is to be some officers left in the State on thle recruiting service, and(l he will ansswer for that pulrpose better than some that I have here who will not exert themselves. I am your Excellencyy ' mo..umn'1. servant, ITARDY MURFRE1E. I give my approbation to the above. JOIIN \rWILI.A.MS, Coinlr'M Officer. To H'is Excel.lencyv R.t. Caswvell. MAJOR J. 13. ASHE TO GOV. CASWELL. [ From Executive Letter Boo<k.] 11,I4'AL,,]FX, July 1.8t, 1 777. Sin I have jnst nowv ]handed a ret1rn to Col. Williams (of thie (9th Battalion) agreea.ble to yolur Excellency's directions to hinm. Y ou w\ill no doublt 1)e astonishled. an( wonlde;r tllat sucll. ar vast arrear can be due that reoincetllt, but your ]Excellenllcy's astoniislhment will assuredly cease when I inirmi you. (and thlat ' witl truth) that there isn't above twelve of thle men returneed, but hlave been deserted since tle latter part of seventy five; I hav'nt any news to write your Excellency, only the one of the lRoyal.Bloods of France, (the Marquis de,Lafayette) recommiended by) Mr. Franklin, passed this a few days since, on his way to thle Girand Armny. I am with dule respect, Your Excellency's very obed't. very lh'ble servant, J. B3. ASHI.E. His Excellency Governor Ca swell. STATIC R~ECORD)S.52 525 LT. COL. Wil. I)AVIS TO GOV. CISWELL. TIATIFAX, J I Iy1 1. I t1 i, J7 77 SI This letter is to request of your Exce'llenCy leave to go as far a's Cape Fear, to settle mir.Ibusiness, which were I no0t to do, would he almost mny ruin, lbesides being very in~jur1iou1s to thie estate ot some orphans in my care. M N1v ab11sence for a short time cani't be ot the least detriment to the 1-st Rtegiment, as there will be sifflicient officers to conduct the small number ot' men to the p~lace appoinited for their -inoculation, (as I have hiad the small. pox) I canl join1 the Division b~ef ore thley get well.. I shouild by n-o means hiave desired leave if it ha~d not been that I was informed that (o1. Luttrell was to march with the 1st DliVision. to thie ]Northi, an~.l lby the time the second was to go, I could have settled all my affairs, as thiere is noe knowing when we shiall return. back, mry goi.ng home is really n~ecessary-. I should have made appl)1ica.tion to the Commandino, Of11 -cer, but did niot know hie would gran~t leave -without your approbation. As I have beenii i the servic~e ever since the Troops were raisedl, and went twice to Charle's Town., aind staidl there a very disagreeable campaigni, being at Iladrcal lPoint, the whole winter, hope your Excellencly will indulge i ie, which will for e-ver olbligeo Your very hum. Serv't., WM. --- l)AYIS, L. C. 1sot 1WZt. ROI3T. SMRITH. TO GOV. (.\1SWEILL. [From Executive Ljetter-lBook.]I EDENTON 1) Jt ULY 1 777. [ went up.. to Halifax the 101th1 of this piresenit mnontli, whoen. -I was givenr to believe I should hiavefthe hionour of waiting on your Excellency. I. waited. the 11th till niight, when word came you would n~ot be at Halifax before the 115'th. I left a packet for your Excell~ency and Council; in the hand~s of Thomas Eaton Esq., which, as you did not go to Haliffax, I hope hie forwarded. It con~cern~ed the B~rig King Tainirny which I have had fitted out, 526 526 ~~STATE RECORZDS. and she is now ready to take her cargo; indeed I ordered thirty iihids of tolbaCco to ibe put on. board her, the sails overhauled, and the rigging set Upi. I req'd auothezr person i-niogt be app~ointed in my 100o1 connimssioner ot hier, as there would 'be an imp)ropriety in my acting as agen~t for the, Conoigess and. Coni'r for the Stateespeciarlly as the Con~gress wvere to become charterer, they, would necessarily expect [ would inia~e, the best bargain for bli e c could, and this State would have an equal right on their part to expect it. I mentioned thcat 1.was willi'mr to cliarrer- the B3rig, have her, 'valuied, and on. account of Contgres~s would insulre, her out and back, from Naits, B1ordeauix, or IPort L' Orient-antd execute tile charter party with your Excellency andl tile Council: or, if you thought proper to appoint somie person here I could execute it with them. As she ow waits -for your determination, the onri ois h better. I hiave tIbe hionor to be Your Excellency's most obed. & very h'ble. serv't., RO01. SMITIL. NIATII. ROCITEST1ER TO GOV. CASWELL. IFrom Executive Letter Book.] HI1,LS 13O',I 20"' July, 1777. MAY IT PLEASE Y-oui EX~cELLENCY: ~(qeabieto your directions I have to finformi yot that Alexander Ml-ebane Jun. is appointed She riff of Orange Coun~ty, and DavidI Shelton for Caswcll County, for whomn I have filled up the Comimissions you ga-rve inc. I likewise Send the fees for 12 blank letters of A dminlistration and Testamnentary. I have the honior to be Your Ex'cy's ob"t. 1-Ilumn'. serv"t., NATII. ROCIIESTE. COL. JOHN WILLIAMS TO GOV. CASWELL. [From Executive Letter Book.] H-ALIFAX, 23d July, 1777. SIR: Yesterday morning Mr. i11allett arrived at this place from Cross STATE IIECO(ORIS.13 52.7 Creek, and informs me that a few hours before he left home, Col. HIogan, who lives in tlhe County of Orange, came into town, and informedl him tlie day before lie left ihome-lc, lie understood a number of people in the Counties of (Orange and Clathatm ihad assemtl)led in a bodvy, and lie b eing detsirous to kiniow what it.mtea.nt, went to them, an d f uiwd l)warl's of a tholusauld embl:died(l who sa.id they were g(oin,' to Cross Creel to get. thle salt that w:ts store(d llp. A Lieut. in tile 9th R.e eg.'t., a person of c1,:r:cter ci'tlme f;ol r Gu(ilford on Stiunrda(y last, lwho also tells me that, tle lda;y bef)ore lie left h]omTe, he was at a publlie meeting of tlhe people inl Guilforld, who seemed ripe for something daring Zand desperate, that thley frequently drank the.King's he llth, antd da(lmnat ion to all that would not join th er n. To my own kno\wledge there is powder a plenty in the ui-)per parts of this i1province, but not any lead( to be got; but, as I understand t.here is several tons of' lead belolngingl- to this State at Cross Creek, I. greatly suspect, underl tlhe cl.oak of getting salt, they want to 'lay their lhands on that article. Tlhese' reasons, togetlher with our having nothing to do, has induced me to order the dif'erent l Regi.in'ts under my command at this pllace, to,march iimnediately for Cross Creek, and endeavour to get there before them, as I understand they are not to leave Chatlharl until Thursday, so that I am in hopes to be before them, and prevent their designs, be they what they will. When I said we lhad notllingr t.o do I meatnt that we slhould not (I expected) be order'e to tlhe NorthlwaLr,, until we lhad money to pay the men, and of course l)e biere doigl. nothing these ten days perhalps. Therefobre, if your Elxcell ency approves mly conrduct, please to direct th}e paymasters, tha t are to supply us with money, to attend at Cross Creek, where I intend to march with all the haste I can, and sta-y luntil [ 'get flurther orders fiom you. I am w it.h the utmost respect, You.r Ymo. h'ble Serv't., JOHN WILLIAMS. His Exce(ll.ency Goe..)erinor Caswell. P. S. I intend to get Larms of such persons, as we march, as are well affected to the State. 528 STATE RECOI:DS. WILL. HOOPER TO GOV. CASWELL. [From Executive Letter Book.] 1TINIAN, July 21St, 1.777. Iy te death of:-Forster w By the death of Capt. Forster who was anpointed a Cominissioner for the Washington arxiled vessel, it lhas beconie necessary that his place should be immediately supplied. As the Assembly have invested the Gov'r & Council with a power for this purpose, it becomes very interesting to the public that they should exercise it without delay. The G(entleminn who was appointed to the command of the vessel is perfectly at a loss how to act, as lie does not conceive hinmself at liberty to make any movements of himself, and there is no one from whonm he can obtain instructions. The supply of the ship's crew is a matter also that is solely within the duty of the Commissioner, and unless this is regularly had, those on board the vessel must leave her to seek support elsewhere. I have in vain sought for some person versed in maritime affairs and in other respects qualified for this vacant office, but the fexw of this character refuse to underltake it, urging as an excuse, that the trouble which will attend it will be very considerable, that they will be under a necessity to advance their own mlonies for public purposes, and experience the same want of generosity which Capt. Forster complained of in the reimbursement. The Capt. of the vessel informs me that Mr. Tooner will undertake the office of Conmmissioner. His character in point of industry and integrity is unsullied, and his capacity in the common affairs of life good: le is not a seaman by profession, but upon the whole, with his other good qualities, has the best pretensions, to it of any I know here who will accept the charge. I have heard that Capt. Ellis is not adverse to this office, but as he lives 12 or 14 miles from the town, I doubt it would be attended with inconvenience to himself and the public. I am Sir with the greatest respect Your Excellency's most ob't. serv't., WILL HOOPER. S.TATE IR1ECORDS.52 529 DR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter IBook.] PHIILA)E'LlITIIJA, July 22', 1777. DEAn SIR: I waited soire time for' the intelligence froni Tre'onderoga which you. will. find in the inclosed paper, arid ]'declined writino' Until I could give you particulars, because I (lid not choose to put you onl disagreeable speculation. M'ain of us heave lonig expected that Ticonderoga would lbe c aculated 'at the approach of an enemry, because we had no hopes of lhavino' a force tihere competen~t to its defense. W~e have MniSbtakn. mu1110 ini my olpinion, our linie of con.duct ini thiese matters. XXVe hav ur iliied too much onl fortifications without sulli cien t force or (hsci phline to (blendl them-. 0 nvI Troops in general mak.e no resistance when they ar-e clooped uip within iules,-, and assailed onl all sides, and e~xI_)erienlCe has convinced the word. that eveni veteran Troops are unequi-al to such a trial. To wait firin and (leterninred to sustain t~he shock of ani enemny charging froml all sides is a1n effort of fortitude that very few arinies have ever been found eqll.lrl to, and it seells to Me no0t Very wvise to expect it in ou~r raw and un~disciplined arm-ies. Our owti experience too is sufficienit to instruct us in avoidrino' this kinid of battle,fo therein the enemy is always superior to uts, and in decsultory wNar we are always superior to themn. We shall now dispute the country with the eneimy and I hope with mrore success than we defenid fortifications. General If1owe is still inactive at New York and Staten Island, and General Washington with a superior armyI is. ready to olppose him whichiever way lie moves. Mr. I-Iarnett arrived here on Friday night last, buit has iiot yet been able to go into Congress. I shiall. use the pe mssion you are pleased to give me of returnling homne,as soom ias I cami do so without danger of injury to public service. I shiall at presenit trouble you with nothing more, but wish you. all possilble bappiness. Capt. Caswell is with his Itegiment at Trenitown. I have not heard from him simice his demarture froni this city..[ have the hionor to be Your most ob't. hum. serv., TiIO 0S. JBU1,K E. 'Governor Caswell. 34 530 STATE RECORDS. RICHARD PETERS TO GOV. CASWELL. [From Executive Letter Book.] WAR OFFICE, July 22d, 1777. SIR:I am directed by the Board of War to inform you that Congress have taken into Continental Pay as Part of the Quota of Troops to be raised by the State of North Carolina, the Artillery Company of that State. You will be pleased to inform the officers commanding the Company of his being received into Continental service, and that Congress direct him forthwith to proceed and join Gen. Washington. I have the honor to be your very obed. Serv't., RICHARD PETERS, Sec'y. P. S. I have had the honor of receiving no list of officers appointed in No. Carolina in the Continental Reg'ts with their ranks and dates of Commissions, as desired in a former letter. THOS. CRAIKE TO GOV. CASWELL. I From Executive Letter Book.] IIALIFAX, July 23d, 1777. SIR:I was this day preparing to send off the powder ordered for the magazines at Salisbury and Washington districts, Col. Long having provided a waggon for that purpose; but, from the intelligence we have rec'd from the Counties of Guilford, Chatham, and Orange, I thought it necessary to consult with Col. Williams and Col. Long, who are of my opinion that it would be too great a risque to forward it till we are better informed of the intentions of these pepple. I have had the powder all started and put in good order, and shall wait on your Excellency's orders by the return of the express. I am your Excellency's most obed. hble. serv., THOS CRAIKE, D. C. S. S. His Excellency Richard Caswell. STATE RECORDS. 531 ROB. SMITH TO GOV. CASWELL. [From Executive Letter Book.] EDENTON, 24th July, 1777. SIR:The last time I had the honor of addressing your Excellency was on the 19t" instant, in which I mentioned my having been at Ialifax, with the intention of meeting you and your council to conclude what should be done about the armed Brig King Taminy, which the General Assembly thought proper to appoint me Commissioner for. Since I received the Resolve of the Assembly I have done my best to have her fitted ready for sea, and have put the greatest part of her cargo, to-wit, tobacco, on board, but am now stopped from proceeding any further, as I am ordered by the Assembly to load her out on Continental account and have her by Congress insured, and as I act for the secret Committee as agent, I can not with any degree of propriety, value the Brig, ascertain the freight, and make out a charter party. I therefore enclosed your Excellency the copy of the Resolve of the Assembly, with the request you would either appoint one as the Commissioner for the King Taminy, or allow men of judgment to set such value on the vessel and freight for the month, as you might think proper and for you & the Council. I was willing to charter her and on -account of the Congress I would insure her against all risques whatever. It's true at both times I forgot to mention, and I would rather avoid it now if I could, but, the Taminy must not stay,they grumble enough already — mean the people. But I now will venture, should you and.your council not incline to charter her to me, to name Mr. Chs. Bondfield, Mr. Josiah Collins, or Mr. John Smith, as men fit to be apppointed or any of them Com'rs. for the King Taminy. I think they would do) justice, but am not sure whether they may act, tho' some of them I have no doubt will, and therefore it might be well to name them all or any one of them. Your ans'r by return of this express would much oblige me. I have the/honor to be, Sir, Your obed't. serv't., ROB. SMITH. To Gov. Caswell. 532 STATE RECORDS. THO. HOSKINS TO GOV. CASWELL. [From Executive Letter Book.] TYuRET, COUNTY, 25th, 1777. SIR:As I have the honor of being clhose Clerk of Tyrel County, by majority of votes the first and second days; likewise have received the books and papers belonging to the said County fronm Mr. Archibald Corrie-Wherefore request the favour of your Eixcellency to grant me a Commission to act in the said office; and forward it when m.ost convenient to your Hon'r. I should do myself the honour to wait on your Excellelncy in person, but having this opportunity, hope your Excellency will excuse me at this time. Your demlands please to let me kWnow, and I shall send to you by Mr. Benjanmin Spruil at the next meeting of the Assembly. Your compliance will always be acknowrledged by Sir, yr. very hum'. Serv't THO. HOSKINS. N. B. I send enclosed a certificate signed by the Magistrates for said County. FRANCIS BRICE TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, July 25th, 1777. SIR: In the death of Mr. John Forster the public have lost a warm friend to American liberty, and the privateer Gen'l. Washington is left without any one to procure the necessary articles for the ship's use, except the Captain who must purchase every material at a much larger price than a person particularly appointed for that purpose, as, if one was nominated, he might get a quantity of necessaries together, which A/ould comne much more reasonable than buying out of the retail shops. I was at a loss who to mention to your Excellency as a proper person for the undertaking, 'till I recollected Mr. Robert Ellis, to whom I mentioned the circumstance, and he will readily accept the appointment, should your Excellency and the Council confer STATE RECORDS. 533 it on. him. lir. Ellis has been accustomed to the sea from his youth, & consequently pretty well accquainted with maritime affairs. I could wish your Excellency could order whoever is appointed, to replace the money advanced by M[r. Forster since his settlement at Newbern; if you should, I shall take care to have the acc'ts properly attested: The warrant your Excellency sent him by me I have in my possession. I am your Excellency's h10T servant, FRANCIS PRICE. P. S. I am told MAr. Toormer will also act as Commissioner for the Washington, provided 'he was appointed. Mr. Toomer is a very active stirring man, he also knows something of shiplping, and I make no doubt but he would fill that vacancy with much credit to himself and benefit to the lpublic. I dont presume to recomlmelnd either of those Gent. to your Excellency, I only lnention them as the only two who would undertake the business. Your Excellency's IPb1 servant, F. B-RICE. Ilis Excellency Richard Caswell. GOV. CASWELI L TO COL. DAVID SMITH. [From Executive Letter Book.l Doi3BS, 25t"' July, 1777. DEAR. SIR: I have this evening received information that a considerable number of persons in the Counties of Orange, Guilford, and Chatham were some days ago assembling with a design, as they gave out, to go down to Cross Creek to take the salt that is stored there. But it is suggested they have other views. I am therefore to request you will get what information you can. respecting this matter; and if you have any certain intelligence of their being on their march, in that case you are to raise so many of your militia as you can depend on for the purpose of opposing them in any illegal attempt that they make, and give me the earliest notice; at all events let me hear from you, with a particular account of their transactions so far as you shall be able to collect them with every 534 STATE RECORDS. article of proof you can obtain by Thursday next at twelve o'clock, when I expect to be at the Court house of this County. This account you must send me by express, the expence whereof shall be paid by the public. Don't omit letting me hear from you by that time. I am &c. RICHARD CASWELL. Col. David Smith, Cnmberland. COL. DAVID SMITH TO GOV. CASWELL. [From Executive Letter Book.] CROSS CREtEK, July 26th, 1777. MIAY IT PLEASE YOUR EXCELLENCY: I am requested by the good people of this place to address you; they judging it convenient and absolutely necessary that an armed company should be maintained in this County till the act of Assembly can be put in force and have its due effect on those who refuse to take the oath of allegiance to the State; it being evident that upwards of two thirds of this County intend leaving the State, and are already become insolent, and it is apprehended will be troublesome. I am therefore to request your Excellency and the Council of State that you would be pleased to order about fifty Light Horse, under vigilant officers whom you may appoint, to be stationed here; and should it be suggested that it would be difficult to raise the men in different Counties, it is imagined they could be easily raised here, especially under the command of Capt. Rowan, which shall seem most agreeable to your wisdom, and consistent with the present circumstances of affairs; these would protect the good subjects of the County, and see the said (act) duly enforced, without which it is apprehended the intention of the Legislature will be rendered abortive: in consequence of this and in behalf of the above request you are troubled with this from Sir, Your Excellency's most obedient humble ser't., DAVID SMITH. le STATE RECORDS. 535 COL. DAVID SMITH TO GOV. CASWELL. [From Executive Letter Book.] CROSS CREEK, 26th July, 1777. MAY IT PLEASE YOUR EXCELLENCY: Should you, Sir, think it necessary for the good of the State to appoint any number of Troops to be kept here until the Laws shall be executed,-I beg leave to recommend the bearer, Mr. Edward Winslow to your notice as a Commissary for the same, he is a good member of society, and can more effectually supply the men in that way than any person here who would take that trouble. I have the honor to be, Your Excellency's most obed't. and very humble Serv't.,, DAVID SMITH. His Excellency Richard Caswell. COL. JOHN SIMPSON TO GOV. CASWELL. [From Executive Letter Book.] CHATHAM, July 26th, 1777. SIR:Yours of the 15t" inst came to hand yesterday, I immediately issued orders for the General Muster of the Pitt Militia to be at Martinsburg on Wednesday next. I observe your Excellency directs the drafting the men agreeable to the late Law, which Law is not come to hand, and unless your Excellency can furnish me with an abstract of it, I shall be entirely at a loss. The bearer returns this way, which will be good opportunity. I am with due respect, Your Excellency's most obed. Serv't., JOHN SIMPSON. His Ex'cy. Richard Caswell. GOV. CASWELL TO GEN. JOHN ASHE. [ From Executive Letter Book.] DOBBS, 26th July, 1777. DEAR SIR: I wrote you about ten days ago requesting Gen" Musters and drafts to be made in your district agreeable to the late act of 536 STATE RECORDS. Assembly. If that is not done, I most earnestly request you to have it done with all expedition, and lest you should be at any loss respecting the militia Law I have serlt you herewith a copy of it. Last night I received letters from Cols. Williams and Long, of wjiich I enclose you copies; and by other hands I have similar accounts. I am therefore to request you do immediately raise so many of your militia as you shall think a sufficient guard for the magasines of ammunition at Cape Fear, to be relieved by other of the militia so often and in such numbers as you shall think proper, until you receive further advice fromn me. The Council is required to meet at Kingston the 4tl of August, any intelligence you shall be able to obtain previous to that time, of the conduct and movemenits of the Insurgents, you will be pleased to colmmunicate to me then. Indeed I am inclined to think their aimn is to get possession of our magasine. If it shall appear to you from what accounts you may gain, it may not be prudent to wait to receive the order of the Governor and Council, for raising the Militia, as it may be attended with such delay as to render any services fiom them. fultile. In this your own judgmlent nust govern you, but in every stel) you take, be pleased let me hear from you. If you are obliged to take arms, let me know how you proceed, as I shall order the militia in this District (Ge'n". 13ryan being out of the State) to your assistance. If you hear the intention of the Insurgents is to proceed down the country, their plan will certainly be against your magasine. If a party advances against them, a Detachment with two or tliree Field Pieces fromn the Artillery Company under Captain Vance will, I conceive, be of great use. If you think so, pray give orders accordingly. I am &c. RICHARD CASWELL. To John Ashe, Esq. GOV. CASWELL TO EDWARD STARKEY. [From Executive Letter Book.] DOBBS, 26t' July, 1777. Dt. Sim:I am to request in the most earnest manner you will attend the Council at Kingston the 4th of August next. Matters of the utmost STATE r-,ECOr-DS. 537 consequence to the State will be then ].aid before the Board. I am really concerned when I inform you that a sufficient No. of your ]Brethren had actually promised me to attend there the 8" current, when Col. Haywood an.d Col. Bonner only attended, waited three days, and then returned to their homes. If it were possible now should endeavour to convene the Board sooner, but the distance those -orentlemuen live apart myevents in attemnpting' it. I am, D)r. Sir, with esteeni & regard Your ob't. Serv't., RICITARID CASWELL. 'To Edwvard Stark'y Esq. GOV. CASWELL TO IJON. W. CRAIG. [From Exeeutivi e Letter Book.] IDo-imw, 26t' July, 1777. DiIz. Sill:I was inuch concerned you did not keep your word with me last time the Council was to have sat, as lbusiness of importance was ready to lay before that Board. Now I have to request you will l)C punctual in attending at Kingstou on Monday the 4t" Aug't next, when 'tis more than probable it may be nccessary to order thre militia to lbe raised, and in order to be prepared in your County, I ~request will cause a Gen'l muster of the militia to be made, and a dr-aft agreeable to the last:act. I have wrote to Genl. IAshe on the subject, and 'tis likely.you wvill hear from hurtn. A letter for MA1r. Starkey the 3earer will deliver you, if you will engage to send it to him imnmedilately; if you can not do that, let him go that way. I am Sir your ob. Ser't., IPICHAR) CASWELL. ion. W. Craig. GOV. CASWELL TO R. SMiTH. [Fr~om Executive Letter B3ook.] Donus, )27t'I July, 1777. DEAR SIR: Your several letters of the 19t' and 24t'i curr't I have received, 538 STATE RECORDS. but cannot, without the advice of the Council, do any thing respecting the subject matter of them. The Council is to meet at Kingston the 4t' of August next, when I will lay those letters. before them, and if you think pioper to send out then, I shall be able to inform you the result of the Council. I have much business on hand at present. You will therefore be pleased to excuse my not writing particularly to you and Mr. Benbury, assure yourselves that every step in my power shall be taken to secure Mr. Brimage, and the other matters recommended in your letters shall be properly attended to by Dr Sir, Your most obe't Ser't., RICHARD CASWELL. Rob. Smith Esq. ROBERT SMITH TO GOV. CASWELL. [From Executive Letter Book.] DO:ms, 27th July, 1777. DEAT_ SI:Since writing to you this morning I am induced to believe from information I have received from the VWestward, that the Tories there have been some time assembling under pretence of going to Cross Creek to take salt there stored, but I rather fear they will attempt to get possession of our magasine at Cape Fear? Col. Williams with the continental Troops which were at Halifax, are on their march against them, and I shall order Col. Sheppard's Battalidn to join him, but as they are new recruits and without arms,. I must beg, if you can furnish 300 stand, to send them out by Col. Dauge's recruits, who are ordered immediately out, and also the two Field Pieces Mr. I-ews had bro't in for public use, with every appendage thereto, and other warlike instruments you may think we shall stand in need of, which will not too much retard the march of those Troops. I am &c. RICHARD CASWELL. Robert Smith Esq. STATE RECORDS. 539 GOV. CASWELL TO MAJ. DAVID BARROW. [ From Executive Letter Book.] Dolns, 27t" July, 1777. DEAR SIR: I have received sundry affidavits from Edenton respecting the conduct of Mr. William Brimnage, who is charged with being in the late conspiracy against the State, and concerned in certain treasonable practices. It appears to me beyond a doubt that he has been one of the powers of their diabolical plan. Therefore, in order to bring himf to justice, if lie is not already taken, I am to request you do immediately apply to Col. Bryan, if it be practicable, & request he will send a party of the Craven Militia immediately to apprehend & bring Mlr. Brimage back to Newbern, from on board the:Brig, commonly called the Tory Brig. If Col. Bryan is not in the way, you will be pleased to consider this letter as an order to you to discharge this duty. Major Tilman, if he is in the way, you will please to show it. Bu-t at all events let the service be done. I would recommend it to the officer who goes down to obtain a warrant from the Civil Power. I mean a Justice of the Peace, for apprehending Mr. Brimage. On this letter being shewn I persuade myself any Magistrate will grant a warrant. I do not know what County, whether Carteret or Currituck may be the place where the vessel lies in, or I would write particularly to the MTagistrates there. Whoever goes, let this letter go with them, and I hope the service so essential to the supporting our present constitution will be performed. Wher he is taken, I will furnish testimony, which, I apprehend, will be sufficient for detaining him in close gaol till his trial. Secrecy is necessary in the present case. A word to the wise is enough. Please to let me hear from you on. this subject as soon as convenient. I am &c. RICHARD CASWELL. Major David Barrow, New Berne. 540 STATE RECORDS. GOV. CASWELL TO ARCH'D CORRIE. [From Executive Letter Book.] DOm:s, 27th July, 1777. DEAR SIR:I had your favour of the 24t" current, with sundry depositions. The measures you have taken respecting the conspirators, are very pleasing and agreeable to me Your letter shall be laid before the Council which is to meet at &ingtop the 4th of August next. Any determination which they come to respecting the Guard, or any other matters which you ought to know regarding these affairs shall be communnicated by, )Dr Sir, Your obed't Serv., RICHARD CASWELL. Arch'd Corrie, Esq. JOHN ANCRUM TO GOV. CASWELL. [From Executive Letter Book.] WILMIINGCTON, 27th July, 1.777. 1MAY IT PL EASE YCUR EXCELLENCY, This will be handed you by'Capt. Ingrain, at present Corm'r of the Washington. As lie is a stranger to you, I must beg leave to recommend him to your Excellency, as a very proper person to have the cornmand of the said vessel of war, he being very capable of the same, by his vigilance and the attention he pays to his duty; and has ever appeared a warm friend to the American cause. To himself I refer for his other business. I have the honor to be Your Excellency's ob't. servt., JO)IN ANCRUM. His Excellency Richard Caswell. COL. DAVID SMITH TO EDWARD WINSLOW, ESQ. [From Executive Letter Book.] SUNDAY, 27th July, 1777. SIR:Since I left Cross Creek I have thought it would be necessary, if there should be a company raised for the safety of this STATE RECORDS. 541 County, for you to move for an order to be issued to the Captain, to disarm all those persons who are ordered to depart this State, as I suspect they will endeavour to carry all the arms out they possibly can. I would submit it to your consideration. Also to get the Acts of the Assembly, if possible to be had. I am, Sir, Your H'ble Serv't., DAVID SMITH. To Mr. Edward Winslow. GEN. JOHN ASHE TO GOV. CASWELL. [ From Executive Letter Book.] July 27th, 1777. MAY IT PLEASE YOUR EXCELLENCY: I have but a moment of time to acknowledge the receipt of your favour by M:r. Caswell, and to say that I shall punctually observe your instructions. Your favour of the 15th instant came to hand the evening before last, just as I was going to bed. I sent off dispatches to the Cols. of the several Counties of this District yesterday morning, directing them to call G. Musters, and to make their draughts immediately. As soon as their returns are made I shall forward them to your Excellency. I have heard nothing more than what you are pleased to communicate, with regard to the Insurgents, I believe the intention is or was by most of the Tories in this State perhaps the news from the North may discourage them. You'll be pleased to excuse this hasty scribble from Sir Your most respectful humble Serv't., JOHN ASHE. WM. BRYAN TO GOV. CASWELL. [ From Executive Letter Book.] PoPLAR SPRING, 27th July, 1777. SIR:-. ' I rec'" your favour of yesterday by IMr. -Marckland. Return you my best thanks for your kind congratulations on my recovery and return honme, as well as for the information it contains. Am truly sorry that this State has so many people so ignorant and easy to be 542 STATE RECORDS. deceived, but hope your Excellency will take such measures as will put a stop to the growing evil, by a vigorous exertion of that power which the Constitution has vested you with. There was a General Muster & a draft in this County, Friday last, I was in town, but so unwell I was not able to be in the field, so that I can give little acc't of the present temper of the people, but believe they are well disposed. I left Baltimore the 11th instant: there was nothing new from the Camp, or any other quarter, except an acc't that the British army, all but a Garrison at New York had actually sailed. This acec' came so well authenticated that I believe it is not to be doubted. A Col. Meade, a Virginian, who is Aid de Camp Uto Gen". Lincoln, left the camp the 27th ultimo, informed as he passed through Virg'n several Gentlemen from whom I had the acc't that the British army after their various manceuvers in the Jerseys and their crossing to Staten Island embarked on board transports and had actually with great part of their heavy artillery gone to sea, (his expression was they fell down before the Hook), that various were the conjectures with regard to Howe's destination, some apprehended he meant to go up the Delaware, others to Boston, others that it was nothing more than a feint, and that he intended to return and go ulp the N~. River; it is not impossible but his destination may be to the South. Knowing us to be in a defenceless State, he may attack No. & S". 'Carolina at one and the same time, the disaffected party rising in arms in so many parts of the State, at this season of the year when their crops are on hand, rather encourages me to think an attack is intended to be made either in this State or S~. Carolina, although I should suppose the seasoi. of the year would discourage them from such an expedition. Should the militia be drawn into actual service, their operations will be greatly retarded for want of money to purchase many articles, and hire others which is necessary to equip the people in order for a march; the article of gun flints will be also much wanting in this Brigade, I should also think it advisable that some person be immlediately employed to have a quantity of lead cast into sizable bullets and buck shot, as it is probable the call will be sudden. I do not at present know who has the custody of the military store at Newbern, or what -stores there is at that place. In case your Excellency should be under the necessity of ordering out the militia, hope you will be STATE RECORDS. 543 particular in the orders and ascertain as near as possible the number you would wish should march from this District, that they may he properly proportioned to each County; however I expect Craven, Dobbs, and Pitt must bear the burthen. I am at present very poorly with a violent cold I took on the road, and I renewed it after I got home by washing myself in warm water, so that I am afraid that I can riot be at the muster in Dobbs. If I should find myself amended so as able to ride with safety to myself, I will be up. I am, Sir, Your Excellency's most obed't and very hum'", Wr. BRYAN. N. B. Your letter to Capt. Caswell I put in the post office at Baltimore, as I could not see him. I heard from him by Mr. Salter who was immediately from Camp, at Phila. He said he was very well. I also bro't a letter for you which Mr. Salter bro't from Philada. I believe from Mr. Penn, that I left with Mr. Lengf. Cox, as I came down and requested him to forward it. W. B. MAJOR D. BARROW TO GOV. CASWELL. [From the Executive Letter Book.l NEWBERN, July 28"t, 1777. DEAR SIR: Your favour by Mr. McClewean I rec'd about one hour ago..I have despatched Lient Shedrick Fulcher with a party of men after Blimage, with orders not to return without him, provided he has not left the State, if so to make strict inquiry in what vessel he took his passage.- I have taken a warrant from Mr. Davis which will answer the desired effect in this district. This is a piece of business which I had some reason to believe was put into execution by the Justices of this place some days ago, but on inquiry I find was neglected. I mentioned Mr. Brimage's situation to Telfair, he issured me he should not have a passage in the Brig by no means whatever, except a passport from you. I am, Dear Sir,-your mo. ob't. serv't., D. BARROW. -His Excell'y Gov..Caswell. 544 STATE RECORDS. ROBT. ROWAN TO GOV. CASWELL. [ From Executive Letter Book.] CRoss CREEK, July 28t1, 1777. MiAY IT rPLEASE YOUR EXCELLENCY: AND IIONOUERS; The iron works in Chatlham County having already been attended with considerable expense to the public, without the least prospect of future advantage, froml the difficulty of getting hearth-stones that will stand the extreme heat of the Furnace, and also.from the great scarcity of water in the sumnmer months, has induced iMr. Allston, the otler Commissioner, and myself, to permit Mr. Wilcox to take possession of the works and negroes till the next session of the Assembly, upon h:is agreeing to pay whatever price the public may think proper to charge him for the hire of the hands and for the pig metal that has been cast. And as I believe it will be the intention of the Legislature to let MIr. Wilcox again have the works, I thoughr-t it most prudent not to run the public to any further expense, as tlhere was so little probability of reaping any benefit by it. I hope this will be agreeable and can assure your' Excellency and honours that the other commissioner and myself spared no pains to make the works turn out to advantage: anm sorry to say without success. I have discharged and paid off the workmen who came from the No'ward. I have the honor to be with great respect, Your Excellency' and Honour's most obedient humble servant, ROBT. ROWVAN. His Excellency the Governor, and the Hon'ble Gentlemen of the Council. WILL. KEINAN TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, July 28th, 1777. MAY IT PLEASE YOUR EXCELLENCY. SIR:- The situation of this and indeed every part of the country callsforth the endeavours of every virtuous citisen in aid to the. approaching distress for the want of salt. I venture therefore to address you Sir, on this most alarming and important subject. STATE R1ECORDS.54 5~45 And as great men dislike the receipt of longr letters, I shall briefly say, the coinmmon danger excepted, that I can import twentyfive thousand bushels of salt for the ensuing season, if you wvill give mne leave to order the Washingto1n irnmmediately on this biisiness. It is said that your Excellency's powers are restrained in this particlula'-%r as well as most othelrs. B13ut on this I thinik differently, and with confidence because, Sir, you h'a-ve a right to act and do any thing where the safety of the State inay reqwire: an l I affirmn there is no circiunstance under which so mu.nch or even any danger may be apppehended as the want of salt. The real (listress and usual cominplaint of the coninmonalty is artfuilly he-ightentAd and invgo-rated by thie cutrsed Scottish race. 1This I affirm of my own knowledge, for they are uow sneeringly thre.atening tliat salt will be at a dollar a bushel at Cross Creek by the last of October, and offer bets on this. Shonld you think well of mfy proposal anld not doubt you-r powei to execute it, it may be proper to saiuctify -my opinion with, your approbation; in whiich case I shall be preparing by every expedient to carry the same into execution at the first mneetinii of the Assemibi5 for better late than never. The Washington's cargo sold in the West Indies would purcha-se blare-ly four thousand bushels of salt and vessels to bring it in, and such a measure would further encourage foreigners in the salt trade. If I can reiider m-y COunttry bleediiflg with distress on this only score any service by this or any other plain to import salt, I ain ardently anxious to do so. There are many proposals on. this head in a different way, which I would lay before your Excellency, but they are too long for your perusal, unless you are determnined to attemnpt the importation of salt. If you do, I can effect it ai.d without I fear the want. The Brigantine, IDobbs, will sail in six weeks for Teneriffe for salt and wi n'e. Her outfit and cargo will am-nount to about four thousand pounIds, with every tining new and complete. You may send me by Capt. Vance, or Ingram any sum wNithlin your share that you find convenient. I am withi mn.uch respect Your Excellency's mo. ob't. Ser't., WILL. KENAN. His Excellenicy GoY. Caswell. 35 5466 STATE RECORDS. GEN. JOHN ASHE TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, 28th July, 1777. H SIR: Since writing your Excellency yesterday, I came to this place in order to send off my dispatches to the several CoP. of this district. On my arrival I founnd several Scotchi Tories and others from Cross Creek and l31adern, and learn froro whiat they have told to their Friends in this town that the Insunrgents you mncention. beyond a doubt intend to conic down to this place, and under the same pretence that they give for their jo-nrney to Crqss Crelek, vis, salt. I find so many of the inhabitcants here disafftected, arid suchi a numnber of Tories froom the other Counties here, au~l others droppinhg ii by two or three at a time, occasions me to suspect they intend siezingi the ni(agasin.e by surprise. I hlave therefore (as. I d(o not think it safe to trust a matter of suLch imnportance to the State to too small a guard) ordered the whole of the wel l-afleetei part of the mnilitia of this County on duty, bu~t do not believe they will exceed three -hiundred. I have senit ordlers to Col.. Robeson of Ifladeu. to emnlbody his Regiment imn miediately, and ma ke his (Irauglits, and in case lie finds they leave Cross Creek, to march the whole of themn a,("gainst them1, and to annoy and inmpede their mnarches by breakhing down. the bridges, anrid sk,,irmnishring with th.eml at every dflfhi.cult pass, in.order to retard their march, and give mrne timie to collect as many of the Brigade as possilfle. I have sent similar orders to Col. Kenan of Duplin, shiould they tmtke that route, and have dispatched orders to the several. other Col's. of' this district to hold themselves in readiness. Mlr. Edwarrd Ingrabam, a warrant Capt. of the Washin gton, privateer, who was just setting off When I came to town, with several letters of recommrniodation froml~ Gentlemen of this place to your Excellency, I thought proper to stop on this occasion. He sends, his letters pr bearer hereof, I make no doubt your Excellency will give 'emn all due credit, and likewise prevail on Capt. Vance to tarry at this important crisis. I shiall punctually inforin your Excellency of every intelligence of irnilortance I mnay rec eive. I am Sir with due esteem and respect, Your Excellency's most obed't & very humi., JOHN ASIIE. STATE IRECORIDS.54 547 DR. JNO. JAMES WARD TO GOV. CASWELL. [Fromi Executive'Letter Book.] WILMJTNGTON, July 28S', 1777. IIONORABLE SIR: B einlginformied by Capt. Vance, that there is some persons in the profession of Physick to 'be established -for his Comnp'y, & as Dr. Fergus is often absent, & it being aigreeable to the officers &c. that 1F sho-uld attend on or ofliciate for I" Company, Therefore I thought necessary to acquaint your Excellency of m-ry abilities, haVing~ not experienced the upractical part of amputations, but whiere it sho-uld be tho't requisite to performt those operations, it would reqitilire a suirgeon & assi's't, you'll see a'certificate e1ndorsed for -Dr. Fergus of my heaving acted for the i` iBattalion of th~is State for 18 months & upwards. I should still have remiained in ye capacity, but the pay then -fr Such othece was so small. 1I y order of the officers Ii now attenid and fu`irnish the sick. with my own miedicines, & shall continue servinop, them till I rece ive intelligen~ce from yrExcellency, & if your Excellencey Slhouid think proper to amithorise mre to,attend, I shall1 inI every respect to the utmost of my judgment execuate the offlice. There is a, medicinal. chest now in town which was omitted 'being sent the Troops, therefore I should be glad to know whether I miight hav-e y'r' chest for ye uise of ye artillery, or drawv med's from' Commnissary of stores, or Still continue the uise of may own, that is provided yr~ E4xcellency think.s proper to appoint me. I beg leave to subscribe myself You~r Excellenicy's morst ihbi & obed't Serv't., JN.JAI\'[ES WARD). His Excellency Ptichard Casweill CAPT. JOJHN 'VANCE TO GiOV. CASWELL. [Fromn Executive Letter Book.] FORT FORSTER, Jul1y 29~' 1777. Sirz, I take this opportunity to send. my return, & likewise Capt. Ingrain's return; I should been in myself; but I was alarmed by 548 STATE RECORDS. these dam rascals, the Torys. We are few in numbers, but in high spirits. I have sent your Excellency and the honorable Council a new-projected Tory pudding with the plums in one end. I hope your Honour will approve of it. I have likewise sent your Honor a memorandum of materials wanting for the artillery, we are very impatient for our paymaster, if your Excellency please to appoint Mr. Harry Toomer paymaster of the company, Sir, we are at present destitute of a Doctor. I have got one of my own appointing I likewise been under of a necessity of appointing officers to keep decorum in the catmp, for if I had not arrived in camp just as I did the comipany world been totally broke up. I have with a good deal of fatigue got them in good decorum once more. Mioney is our greatest object at present. I hope your lonours will approve the officers nominated by me, Mr. Phillip Jones 3rd Lieut. Mr. John Cureton Vance, Jr. Lieut. fireworker. Sir, I have inclosed in the letter the proceedings of the Court Martial held on Mir. John Allen. Sir, I remain your humble servant, JOHN VANCE. His Excellency Riclard Caswell. COL. DAVID SMITH TO GOV. CASWELL. [From Executive Letter Book.] CUMBERLANTD, 29th July, 1777. Sii:I rec'd yours of the 25th instant, and agreeable to your order 1 have made all the discovery amongst the Tories that the time would permit. I immediately on receiving the letter sent a man who I could depend on up Deep River as far as Col. Alston's, and he returned this morning with a letter from Col. Alston, which gives the following account, that there was two men at his house one from Guilford, & the other from Chatham, and that he believed them both to be friends to the American cause, and they told them they did not believe the Tories had any intention of rising, and that they never had heard of any such thing, only at Chatham Court Ilouse on the 21st instant there was a meeting of the people concerning the salt, and they had sent to Orainge & Guilford to STATE RECORDS. 549 know if they would agree with themr not to send any provision to Cross-Creek until they would sell them their salt upon reasonable terms: and they agreed to send two men out of every Captain's district to Cross-Creek to make some agreement with the 1'Merchants for their salt. I was informed last night there was a party of muen gathering in Duplin to go to Cross-Creek for salt, but the certainty of it I have not got yet. I am Sir with the greatest respect, Your mo. hble Ser't., DAVID SMITII. His Excellenicy Richard Caswell. DR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.] PII-nLADEL'lrmIIA, July 30tl, 1777. DR. SI::Altho. I expected by tlis time a very active eventful scene yet I have scarcely anythling to comnimunicate to you worth your attention; foi a week past the enemy ]lave been expected here, and prepa.lrations have been made -f'or effectively opposing them, but there is yet no appearance of tllem1. AWhat gives rise to the apprehension is that a fleet of men of War and Transports amounting to upwards of two hundred sail departed from Sandy Hook on Tuesday last, and steered southeast, having on board Troops, horses, artillery &c in great quantity. This appearance has convinced all who deemed this City their peculiar object, that their destination was for the River Delaware, and even such as have always thought otherwise feel their opinions now wavering: they can see no other probable.object, anld are therefore constrained to admit that it must be Philadelphia. For my own part, I amn still of opinion that they will cooperate with their Forces frorn Canada in endeavouring to effect a junction and establishing a line for conmmunication between the sea and the Lakes, so as to divide the Continent' and bar all snccours from one part to the other, while their opera tions are carried on against either.-But why should I trouble you with my conjectures? Time alone can discover what they in.tend; and as neither we nor they can govern events, there is no foresee 550 STATE RECO6IDS. ing what they will do. No new accounts have arrived from the Northern Department since my last. Our affairs there give us great uneasiness. The loss was certainly occasioned by the want. of sufficient well appointed force, and as the Eastern States were to supply the Troops for that stationi, they are very solicitous that it shoulld be thoughit the -fault of the olfficers, who in reality could not heave done more than they did with the force in their Hands. They ame unwilling that it should be thought they hiat.rve not the force they have always pretended to; aiin aitho' it must ie and is admitted they have exerted themsel-ves as muce:h as any State, yet they are very u iil''1illing to admit that any of our mnisfortun-e has happened throughri a weakness \which they only share in common with the rest. The result I suppose will be, that thie officers mulst be unj-ust]) disgrfaced. Upon the whole of our affairs, thley bear rather a proiuisirn g as.pect, anid could. we, by gencral taxing, or any othci imeans, establish the credit of our iiioney, every cainpaign wVoulAd give us mole c~ommuirand of the war. I shall not trouble you, Sir, \vvitii any m-ore at present. I have the honor to be with the greatest respect & esteerm, Your obt. Ser't., THO5 13URKE. Governor Casw ell. CHAS. BONFIELII) TO GOV. CASWELL. [Froin Executive Letter Book.] EnxENToN, 31st July, 1777. Sinz The Bearer hereof, MA1r. Quintin Mlillen Tiot being here at the meeting of thie last Co-urt hield for this County, hle has since been cited and brought before inc. I being well acquainted with Mr. Millen, and fuilly convinced of his intentions not to act in any manner contrary to the laws of this country, I took no bail for his appearancle at time next Court. I-e inte-nds leavirig the cointryT and waits on your Excellency for a certificate for that purpose. Should his not having given bail be any hinderance to his obtaining one, le can at any time give bail. The 16th Jume last I wrote your Excellency, informing you of my intention not to qualify to STATE RECORIDS.51.., 1 50 the Commissioner of Oyer & Terminer for this District. Fearing that might have miscarried, and having this safe opportunity by Mr. Mfilien, I thoughit i~t my duty again to inform your Excel-lency that I can not be prevailed upon to qnalifty to the Commissioner of Oyer & Terminer. I hope by -my giving such early information of my intention, sonic capable persoii may be prevailed upon. to accept the Commnission. Iam Your Excellenc's most obed'". Scrv't., CIIAS. BONFIELD. His Excel~lency) Bichard Caswell. RO]03. SMITH TO GrOV. CASWVELL. [From Executive Letter Book.] EDE1~N TON 318t July, 1777. DE'AR STUn Your nostoblijino' favours of' the 27"' b~y EFganI ate Honor to receive yesterday and amn really sorry nothing could be done a~bout the Tamniiny as she is now fully loaded and I stiffer greatly as the whole blane, o-f her detention seems by the people to be laid to my door. It is with real. conicern I observe your Excellencr wl oc more be uender the disagre-eable necssty of' turn~iimq out to restore order in your Goverinment andl you 1 have mny most ealrnest p~ra)ers for your succeess, nothin.-i I c~an (10 shall be waniting to belp bring about so (lespirable an end. Shioul~d Col. IDaugre with his men call he sh-all hiave eve-ry necessary can be head for himl, a.s wellt armns aIs provisions, and the, two 1~~ield Pieces, but from the best in.formation we cani obtain our neighblors iii M.artin, upper end of Tyr'rell, and I-lertie, are not like long to be qIniet. We had themi placed to guard the nmagasine with a stiroiig giuafrd constantly k.~ept up, the readiness of thme Counitry as well as the Misllitia of this Town to performn this service Ii can n'.ot omit mninn -with great p~leasllre and with no less satisfaction. I can inform your Excel~lency we have never yet had reason to doubt any p)Crson in this County Perquinmanis, Pasquotank, or Curritu1ck lhaving any hand in the conspiracy at least none are yet impeached or even suspected. Last night M1r. ]3rimnage was brought -under guard to this Town from New Inlet and was cominitted to gaol. H-e with 552 STATE RECORDS. one Smith had got acquainted with a certain Campbell, as he called himself, who said he was Lieut. of a man of war, and were endeavouring to get on board one of the ships at Virginia the two former were taken, the latter stole a boat and made his escape, Smith is bound over. I would now send your Excellency a copy of the depositions with proceedings thereon, but have really not time to have them copied. I saw some time ago I think about the middle of June last a letter to your Excellency from Mr. Bondfield with his resignation as Judge Associate of the Court of Oyer. 'We shall have many unhappy devils to take their trial for their life next Oyer Court and as I have not seen any new Commission I must confess I feel myself deeply interested in this matter. Your Excellency will see, and I dare say view the present situation of this Country in as deplorable a light as I do-an exasperated Jury and a Lay Judge, my God! What may we not expect? Law should be strictly attended to, severity exercised, but the doors of mercy should never be sllt —would a good Lawyer act at this time I am convinced it would be a great means of giving dignity to Courts, strength to the Law, and restoring union to tlis distracted Country. I-lad the Assembly thought proper last tirme to have appointed Mr. Johnston lie assured. me then he woul. d lhave acted, on that subject I have not of late conversed with him. I have the -IIonor to be Your Excellency's most obed. and very 1i'"~ serv't., [EOP>. SMITITI. 10R3. SMITH TO GOV. C1ASWELL. [From Executive Letter Book.] EDELNTON, 31st July 1777. SIR:This letter you will receive by the hands of M\r. Millan a merchant of this place, he is a Gent'n for whom I have ever entertained a friendship and who has ever supported a good character; but from the alteration of times wants to depart the country. I-e was cited under the Act of Assembly to appear next Court to take the oath, and came before me and engaged he would make his appearance-lhe has now a vessel almost ready to sail in which he STATE R~ECORDS.53 553 w~ants to takce Iris passage, and would. be glad, were it consistent with the line of your Excellency's duty, to have youir perm-ission. so to (10. His Capt. one James Ferguson -who has sailed and served, in Mlr. ilewes' enmploy and mnine these teni years and behaved wvell, has bi'eeil out and brought in salt since these disputes beganl and was irntenmlcd to go on the same errand again, hath been cited and standis in the same, prediclamrent \with Mr. Millian. I do -not know how far their case imay differ from thie others, or whether' their departure might not satisfy the law-thlis I submit to your Excellency —could. they with propriety have liberty to depart I should be exceedingly h~appy. I nowr once for the wh~ole beg your pardon for the freedoims of this morning, and heave the H-onor to be Your11 Excelien cy's imost obed. & very 1p"O Ser'vt., 1-ZOB. SiN1iTII. P. S. Should You hiave -any patpeis fromi Council to forward M~r. Mlillanwill. be a safe hanud. Trhe Court's Laws aire exceedingly wanted. R. S. To 1-is Excel lenecv iltichard Caswell. ROB. SMITH TO GOV. CASWELL. I Froui Exeeutive Letter B~ook.]1 ED-)ENTON, 31 July, 1T7177. Silt Thel bearer, Mi. Alexan~der (-ielatlv, I have beenI well at'cci-ainted for a Fluiber of years. Ilie hafs acted here as Register, and in -severalC1 other capacities, i-n all. of wli- mu e discharged his du.ty well. anid faithful.lyl~. Ilie is, anTd ever since I kniew him has been a most ino0ffen11sive character, and' a very useful oneO, lie carries certifica-tes 'from the Clerk of this County for John Weir, Alexander Clarke, William Kn~ight, James MAeClain, and ~Joln lBaggs, and Jam'les Heniderson, wlho were all. cited iast- Court to take the oatli. They chose rather to lea(,ve the Coun-itry than to do so. They, some1..of them- did not com~e inder the Act of Asseffinbiy I believe, and considered themTselves poin~ted at. They are all mhen who have supported very fair (characters, have ever been peaceful citisens, 554 554: ~~STATE RECORIDS. and borne their share of all public dutties assigned them, but refused the oath of Government, and therefore entered i.,nto a recognisance, to leave the Country agreeable to Act of A-ssel-mbly —the time's. near out, and they wait on your Excellency for y-,oitr permnission that they inay depart the country. 11owever diffeorent M~r. Gelatly's. political opinions may be from mi-ine, I think. T can answer for the integrity of his, heart, and I do believe he acts fromn principle. Any thiing your Excellency can. do conIsistent wvith the line of your duty to facilitate the departure of hiinmiad the others on whTjose behalf hie a-ppears would be c~onferring -a favour on your Excellency's most obed. &, very i1ibiC serv't., RO01. S MNITI{ His Excellency R~ichard Caswell. FPREiK. HAU1GFET TO GfOV. CAS WELL. [From Executive Letter B3ook.] H~oiNTo'i) Silt Col.. Williams desired mne to call on you yesterday as I camne fromt 1-laIifa,,,x.:i)ut I understood you was not atore I declined and have taken this oj._)portuiu.ity to informn you timat the Col. would be extremely g~lad you coul.1d ans'r his letters, as the ofhicers and men are waiting with imipatience for orders from' you, and are not marchi'd from Halifiax. Wbat Light horse mnen marchi'd are, returned to IHalifax, and, as thte coumrauding oflicer of the.Light hiorse, saw a man who camie fromn the back Counties, who, onl his oath before a Jiustice of the-peace declared that the people were all quiet and no disturbance amnongy thiem, saw proper to ret-urn, (afterriding thirty-five miiles).' / ~~~~~~~~I am, Sir, your obedient &-very humrble Serv't. FREKD'K lIARGET. His Excellency Richard Caswell. STATE RiECORD)S.55 555 JNO. BRYAN TO.GOV. CASWELL. [From Executive Letter B~ook.. SANTURDAY, ye 3d of August, 1777. DEAR SIR:We have an account fromiri Cross-Creekbiy Mfrs. (4lassbee, mother t Dugaid Campbell, a liver in Cross-Creek, and left that place last rTulesdlay mornhing. She iodgedi at Capt. EtfRandal's night before last, & inTfo 1ried. him~ that there was wheni she 'left that place above a hundred mien in. that town in arm..Ys, and. on her way she meot great -numbers in., large cormnpani~e5 On. their way to Cross Crke~ek, she imag'ines about live or six hundredi. M.Nrs. 0Gtasb~ee -is -now gone to Newbern. Capt. Randall will b~e withi you him~self as hie told mre last nighit Capt. iiargett returning a-nd the regu~lar Troops n1.ot marched as I believe you. thought had. I fea"red i~t might be of lbad conseq-uence caused mne to trouible yo ithi these line1s. Sr your humbtle servant, JON. BRYAN. MAJOR D. BARROW TO GOV. CASWELL. [Fromn Executive Letter Book. I NEW BE'1RN, Aug't 4t', 1,777. DEAR SI.R:Yesterdlay Li~eut. Shaderick Fuleher returned from Ocacock to which place agreeable to youir order I dispatched him after MN-r. I-3rimiaoe who had the day before hie grot down to the Bar been taken into custody iby Capt. Anderson, -in conssequen.ce Of iTnforn) ation lie rec'(i fromi thie Justices at Edenlton. The nig~ht before Fulcher arrived at Ocacock, riirnage being on hi~s parole made his escape to Roanoke Island, where he was tak~en up by John MllannI Of that place and conveyed to Edenton. IEnclosed is the number of men Lieut. Fuleher by my order had with himi, and as I am at a loss what to allow them, I hope the G4ov'r. and Council will make themn a generous allowance, as they undertook this expe 556 STATE PIIECORDS. dition with much cheerfulness, and returned in as short a time as could be expected.. I am, Dear Sir, Your mo. ob. serv't., D. BARROW. Li.ent. Shaclerickic Fuicherl John Smnith, Pilot. Mathew Wi.se For seven days, who found their Beverly Rew own provisions and other expenses. Southy iRtew Majjor Tuly Boat line. 9 H~is Excellen cy Gov. Caswell. COL. JOHN SIMPSON TO GOV, CASWELL. LFroim Executive Letter Book.] CILHATHAMx, August 4tli, 1777. SIR In obedience to your orders I have caus'd a division of the Pitt i-egiment of MTilitia to be made per copy inciosed. I could not possibly have it done sooneir and amn glad to have the pleasure of informing your Excellency that it seems <agreeable to nine tenths of the Regimilent. I prom-tised myself the plealslire of waiting on your Excellency with iny return, bnt amn too weakr to venture, we have sent to lialifax in h-iope to get the Laws for our better government. Should ye Miilitia be oidered out, what are we to do for arms Some have sold to the public, imnumbers of young men are added to the ltegii''t whio heave uot had it in their powver to purchase, others heave had them innpress'd for theim into thle service of the Country, and cani get no satisfaction for thern although. they have never been returned. That makes our IRcgii-nent appear not so well accounted as I could wish. I had made out field return of the Pitt iRegimnent MAilitia for the General MNluster before the last Assembly, & expected some of our mnembers would have carried it to your Excellency, but the turning Mlajor Gorham into the ranks when there was a vacancy he would have accepted, can be of no solid satisfaction to the contrivers. Excuse mny digression, & I rest Your Excell'cy's huni. Ser't., JOHN SIMPSON. STATE IECORDS. 557 MAJOR WM. LEE DAVIDSON TO GOV. CASWELL. [ From Executive Letter Book.] CAMIP QUANKEY, August 4th, 1777. SIR: I received your orders with the Proclamations inclosed on the 16th July, and marched the 19t"' from Salisbury. The 29th" arrived at Head Quarters. The next day I made a icturn of the Regiment to the Commanding Officer, which I suppose has been transmitted to your Excellency before this time. I find there was a small mistake in the return: there are three privates more than the return amounts to. I put up the proclamations agreeable to your instructions and was extremely glad to see them as the recruiting service has been much discouraged in the back country by some of the first Militia officers, notwithstanding which there are men to be got there at this tine, if proper officers with money were sent there for that purpose. I think proper to acquaint you. that all my recruits were inlisted by Capt's. Cole & Goodman, Lieut. Moslander, Ensign Gillaspee, and a certain Robert Hays, a cadet in the fourth Regiment, who inlisted five. I think hle will make a good officer. I wish,to know whether he can obtain a certificate, or no, as he is recommended by a Board of Officers. The other officers had no money, but I think might have been more active in taking deserters. Capt'n Phillips has got his recruiting money; therefore I have sent him out again. I left Capt. Coles for the same purpose. I take this opportunity to express my thanks for the particular account your Excellency was pleased to give me of General Howe's retreat. I had almost forgot to mention that Capt. Pollock is dead, and that there are a number of other vacancies in the Regiment. I am with much esteem, Your Excellency's most devoted and hunm'le Ser't., WM.. LEE DAVIDSON. G(EN. JOHN ASHE TO 1GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, 4th August, 1777. SIR:I take this opportunity by Mr. Craike to inform you that I have ordered the New Ianover Regiment consisting of two hundred and 558 STATE RECORDS. twelve men, who have been upon duty here, to be discharged except one Comp1 of fifty men out of the first number of draughts, which are to be continued as a guard on the magasine until further orders from your Excellency. The only Intelligence I have been able to obtain of the Insurgents is from Col. Robeson, who writes me that Mr. Walter Gibson informed him that on the 28th ultimo he was at Cross Creek, when about one hundred of them came in from Duplin, and that the people of the town had stopped them by selling them salt at 40 shillings p' bush9", and that five hundred more came in the evening of the same day from the back Counties. I have not as yet received returns from any of the Col.' of this District of the draughts of their Regiments. As soon as they come to hand, I shall lose no time in forwarding themc to your Excellency. Your Excellency's most obed. & IHum. servant, JOHN ASHE. ]lR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.] IHILADI:EL.'P-IA, A nugust 5t', 1777. Dm SIR:Yesterday your Favour of the 15th ultimo came to hand enclosing a letter from Capt. Caswell, which shall be immediately forwarded to him, and you may be assured that every possible attention will. be paid to mirnm by me, with the greatest pleasure. I have written to you on every subject which you suggest in your letter, by many appointments, and am mulrch concerned to find they had not reached your hands before the date of your last. I hope however you have received them lIong before this, and you will perceive by thern that I have paid the most early and diligent attention to your commands.-The business relative to Col. Sheppard's Battalion and the Artillery Company underwent no delay except what was absolutely necessary for the several references and reports incident to the War Department. The result on both was, the Battalion was taken into Continental pay as one of the 16, (the stipulations being observed), the.Company also taken into pay, (but not annexed to any Battalion), and both are ordered to join the Grand Arnmy without delay. The Resolutions relative tc these were transmitted to you both by the Board of War and by STATE RECORDS. 559 me, and inclosed duplicates of that relative to the Battalion. I am much' concerned that the money has met with such unexpected delay: but I assure that so soon as I heard of the determinatioif of the Assemnbly, I took the only step then in my power to expedite the transmission of it; which was to give notice to the Treasury that I daily expected to demand of them the balance of the 500,000 dollars. But the constant and pressing demlnnds render this precaution ineffectual, because the Military Service would admit of no delay, and the Treasury were obliged to pay out what was reserved for our State, and not having the ICRsolve of the Assembly, I could not interpose to prevent it. When iIMr. Penn arrived, the Treasury here was exhausted, and we were obliged to apply for an order on the Treasurer at 13altimore; this occasioned every delay and difliculty: the ordinary mode of transmission by the Board of War could not take place, and we were obliged to apply to General Nash for an officer to take charge of the money when delivered by the T'reasurer. The Officer received from us his instructions on the 11.'1" July, and we have since heard nothing more of him, but )resuPll. e he has before this arrived in your State with three hundred thousand dollars and some proc. which Mr. Penn charged him with. From Mir. Penn's having with him the EResolve, and from sonme other circumstances, I concluded he was chiefly expected to transaFct this business. This however did not prevent me from giving the most diligent attention to it, and I can assure you that no unnecessary delay happened after his arrival here. For, although he undertook to do that part of the business wlhlich respected the Trelaslury, and I what respected the Board of War, yet I gave the strictest attention to both, nor did I perceive him in the least remiss. As the post is just going out I have not time to add any thiing more to this letter, except that we have been for some days under expectations of an invasion of this State. The enemy's fleet sailed from ]New Yorlk, as you will see by my last, and they soon appeared off t:he capes of Delaware: after hovering there several days, they steered away, but it is not agreed what cause. Gen. Washington is here, and great part of the Army encamped in the neighborhood. The movements of the enemy have disappointed both Whigs an-d Torics. The latter wished for them in order to their subduing us, and the Whigs wish for them in full confidence, that 560 STATE RECORDS. we shall give them a warm reception, and an effectual check. It is now pretty generally thought that they have no design on this city, and that their principal object is to establish a communication by way of IIudson's river, between the sea and the Northerii States. A gloom. still hangs over our affairs in the Northern Department, and we are using our best endeavours to remove it. Nothing interesting hlas transpired there since my last. You shall have the earliest intelligence of anything that is worth your attention. I have honor to be your Excellency's very obd't. Serv't., THOS. BURKE. ROBT. ROWAN TO BRIt. G. JE. OHN ASHE. [Froin Executive Letter Book.] CRoss ClREEK, July 30t1, 1777. SIR: I just now received your dispatches for the commanding officer of this County, by express from Bladen, and am preparing to forward them with the utmost expedition. We have had various reports here lately of the Guilford and Chatham people's intention of mobbing us for salt, but the real design of these people may be what you apprehend in your letter. I have the pleasure to inform you, Sir, that this morning with a small company of volunteers I quelled a mob of about 140 persons collected from the Counties of Duplin and Johnston. They came here with a design,. as they acknowledged themselves, of taking the salt by force, and paying what price they thought proper, from ten shillings to two dollars pr bush'l, and did not expect to meet with the least opposition. Some made their escape on finding they were to be opposed, but we seemed the greatest number, & upon their taking the oath to the State, and appearing very penitent, we allowed them what salt they wanted, at the market price, which is 5 dollars, and discharged them, I would be glad, Sir, if you would inform his Excellency as soon as possible that one of their leaders was a new-made Justice in Duplin, by the name of Page. The Scotch have refused taking the oath almost to a man. We have sent to his Excellency STATE RECORDS. 561 for leave to raise a company of Light Horse. I have a company of about 40 volunteers who, 1 believe, will stand by me to a man against any mob. I am with respect, Sir, your most obed. Serv't., ROB'T. ROWAN. Brigadier Gen'l. John Ashe. GEN. JOHN ASHE TO GOV. CASWELL. [From Execut ive Letter Book.] August 5th, 1777. SIR:After I had enclosed my letter of yesterday to your Excellency, the enclosed letter from Capt. Rowan amongst other dispatches from Cumberland and Bladcnl was delivered me. As it contains the amount of the content of the others, and things necessary for your Excellency to be acquainted with, I have enclosed it. I am with due esteem and respect Your Excellency's most obed.'t. & very Ilumble Ser't, JOH-lN ASIHE. DR. THOMAS BURKFE FROM GEN. ALLEN JONES. [From Executive Letter Book.] IIALIAFAX, Aug 6th, 1777. D EAR SIR, I have to acknowledge the favor of yours of the 10th ult. with the newspaper. I assure you no reverse of fortune can possibly damp my spirits or occasion any despolndenc:y, so thoroughly am I convinced that time and America must. overcome all opposition. I am lhappy in finding my thoughts to agree with yours, as to the mode to be pursued in. carrying on the War, and wish from my soul, that the Congress may have thle wisdomr to adopt the counsels of mly friend. But Envy, most accursed Demon, linked with self interest, fiequently blast the best intentions. Before now, I make no doubt that you have heard of a most accursed plot in favor of the British Tyrant. It was to have 36 562 STATE RECORDS. broken out with the assistance of the leading men in every County, and afterwards none were to be spared but such as repaired to their Standard. Ileaven blasted the design, and our prisons confine some of their leaders, though some of the most atrocious are not yet taken. The great Mrr. 3rimnage is in Edenton jail, being one of the heads of these Cut throats, also his father-in-law, one B3lack John Stewart, likewise a brother of Tom. I make no doubt but hanging, about a dozen, will have exceedingly good effect, in this State, and give stability to our new government. They seem to have been designed for this purpose by Providence. Mr. Eaton on my application to him tells me that IMrs. B3urke wrote to him not to finish the carriage and that now it was quite out of his power owing to the want of workmen and materials, so that your wisest step will be to get one where you can, for I assure you it is become very difficult here. I shall take the utmost care of your letters, and send them by the first opportunity. You may believe me, when I tell you, that I am with esteem and affection, Your Sincere Friend, ALLEN JONES. DR. THOS. BURKE TO GEN. NASH. [ From Executive Letter Book.] PHILADELPHIA, Aug. 16th, 1777. DEAR SI:Yesterday Lieutenant Col. Patton delivered me a paper signed by the field Officers of your Corps. It relates to the promotion of Col. ( now General ) Hand, and has in it the following paragraphs: " The merit of Gen. Hand, for what we know, may be very great and justly entitle him to the favor of Congress; but we believe him to be unknown to almost every person in North Carolina, except to ZDr. Bulrke:-and such partiality for a country man, as we are informed, in preference to the Officers of the State he represented, whose prior claim to preferment from their long and many services, we humbly think, from Duty, demanded his support, we feel not only as a wound to ourselves, but consider it a reflection on that State which appointed us, and a stab to Milit. ry STATE RECORDS.. 563 honor throughout the Colony in general." Col. Patton on delivering it, declared that it had your approbation, and as it contains a scandalous charge of partiality, in the discharge of my duty, I cannot prevail upon myself to pass it over without particular notice. And considering'the terms on which we have always stood with each other, the knowledge that you have of my private as well as public character, I can not be persuaded you would give sanction to an aspersion so injurious and dishlloorable, and which you cannot believe to be just. I think no man knows better than you, that Partialties have never found place with me. I must therefore desire to know fiom yourself, whether Col. Patton's declaration was right or not? Among the names to this paper I am surprised to find Sumner, Polk, Hogun, Clark, Patton and Lytle, gentlemen of whom from my knowledge of them I had conceived an opinion particularly favorable. Their behavior in this instance has determined me to forego all particular attention to them. I hope they will so distinguish themselves that their merit alone will be sufficient for their promotion, without standing in need of any assistance which I could give. I shall be glad of your answer as soon as possible and am &cTHOMAS BURKE. GEN. GRIFFITH RUTHERFORD TO GOV. CASWELL. [From Executive Letter Book.] August ye 6th, 1777. DEAR SIR: HIaving the opportunity of Mr. Sharpe's express am desirous to acquaint you that I received yours of the 15th of July, and have sent, accorling to your request to the Col's of the District, and desired of them that they return to mne, by the 15t' of this month, the complete number of their effective men. I had the return of the Brigade at the last Assembly, all but Burke County, and a few cormpanies in some other of the Counties. The number I hlad returned was 8040, the number of the whole will be nigh 10,000. I would be desirous that your Excellency would let me know by the Bearer, whether I must send you the number as mentioned in 564 STATE RECORDS. your letter-or if it won't do to make the return at the Assembly, as I have given you a nigh account of the number. From Sir Your Humble Ser't., GRIFFITH RUTHERFORD. GOV. CASWELL TO GEN. SKINNER. [From Executive Letter Book.] IDons, 6th Aug't, 1777. DEAR SIR: — I have this day received fiomn the Continental Treasury for the use of this State three hundred thousand dollars, and as I wish the Troops to be immediately paid of' that they may proceed to the No'ward, I am to request you will come out to my house in this County, where the money is lodged, to receive your proportion, as soon as you possibly can. I shall immediately send an express to Gen. Ashe, and imagine both you: and he will be here by this day week. I an &c., RICHARD CESWELL. GOV. CASWELL TO GEN. ASHE. [ From Executive Letter Book.] DOBBS3, 6th August, 1777. Dr. SR:I have this day received 300,000 Continental dollars from the Treasury for the use of this State, and as it absolutely necessary that the Troops should be sent without further delay to the No'ward, and being paid off they can have no excuse to hinder their march, therefore in order to enable you to furnish the necessary sums, I am to request you will be pleased to come immn:ediately to my house in this County, where the money is lodged, to receive your proportion. I have this moment wrote to the Northern Treasurer, who I imagine will be able to meet you here by this day week. From Cumberland I learn the people have been at Cross Creek to endeavour to get salt; I have not heard of tleir proceeding lower down the country. You will be pleased however to take the STATE REECORDS. 565 necessary steps to secure the magasine at Cape Fear in your absence, as by the time you arrive here I presume the Council will determine on their advice to me respecting the magasine &c. As I hope to have the pleasure of seeing you in a few days, I shall defer saying any thing further at present, than that I am with great respect & regard, Dr. Sir, Yours &c., RICHARD CASWELL. GOV. CASWELL TO HON. JOHN HANCOCK. [From Executive Letter Book.] N~. CAROLINA, 7th Aug't 1777. SInt: This will be handed you by the Ion'ble Abner Nash Esquire, whom I beg leave to introduce to your acquaintance. lie is Speaker of the Commons I-Iouse of Assembly of this State, a Gentleman of character and property, and will entertain a proper sense of any civilities shewn him. I have the honor to be with the greatest respect and esteem, Sir, Your mdst obed't. humble Serv't., RICHARD CASWELL. GOV. CASWELL TO COL. JOIN WILLIAMS. [From Executive Letter Book.] KINGSTON, 7t" August, 1777. SII:Yesterday the Continental money arrived here, and I have this day dispatched expresses to the Treasurers informing them of the same. I expect they will be here about ThuIrsday next, when if you will direct such of the paymass.ers who are in camp to attend, 'tis probable they will receive money here to pay off the Troops, and in order to ascertain the sums necessary to be paid over for the use of each Regiment, you are required to transmit to me a pay roll for each Battalion made out to the 20t' instant, by that time, I hope you will be ready to march. I have laid your return before the Council, and from their advice I arm induced to order 566 STATE RECORDS. all the Troops under your command, (except three of the Field Officers, and three officers vis. a Capt. a Lieut. & Ensign, belonging to each Battalion, which make in the whole thirty, who are to remain in the State to recruit for their respective Battalions,) to march so soon as-they are paid off to join the Grand Army under Gen. Washington. These orders are given in consequence of the Resolution of Congress, and I have not the least doubt they will be attended to by you. I am Sir, your most obed't. Serv't., RICHARD CASWELL. WMN. SHARPE AND WAIGHTSTILL AVERY TO GOV. CASWELL. [ From Executive Letter Book.] SALISBURY, 7th August, 1777. Having cloncluded a peace with the Overhill Cherokees, we now by express transmit to your Excellency a full Journal of our proceedings and all the transactions during the Treaty; by which your Excellency will discover the great complaints the Indians make of the encroachmnents on their lands; their desire for peace; & see with what reluctance they at last consented to give up some of their lands to this State. By the little sketch of a map inclosed you will also discover the bounds of the pretended purchases under which the Watauga and Nolachucky people claim the whole district of Washington; and that the Indians have now given up about thirty miles down the River of Holston further than these pretended purchases extend. We have extended our Boundary line with the Overhills by several courses about thirty miles south of the Virginia line, and into a Ridge of the Mountains called the Unacoy or great Iron Mountain, which circumscribes the claims of those Indians on the South and East. Your Excellency will also discover from this map, that there is, a piece of land of considerable extent lying between the Ridge aforesaid, & the Blue Ridge of the Apalachian Mountains which divides the eastern from the western waters, and which was the boundary between us and the Indians. This piece of land lying between the two Ridges, and extending from the north east corner of the map to the Towns in the middle STATE RECORDS. 567 Settlements, is claimed by the Indians inhabiting those Towns. And as it is of great importance for us to gain possession of so much of this land as to open roads and gain an easy and quick communication from our Frontier Counties to the District of Washington, on our own land; join our Settlements heretofore detached, and lay open a passage to the Overhill country; for these reasons, and in order that the remaining part of the Boundary Line may be established by consent of the Chiefs from every Town claiming a right: so as to leave no occasion of disputes hereafter; we have proposed a Treaty with the Middle Settlements, as in the Talk sent to those Indians and recorded in the Journal, and have left the time and place to Your Excellency and the General Assembly. Completing the Line will put it in the power of the latter to make laws for the effectual prevention of encroachments on the Indian lands: and it is become more necessary to extend and finish the Indian Line because that some Inhabitants have already settled down on the very head waters of the Nolachucky, Watauga, and New Rivers. The Treaty already held with the Overhills has cost this State very little: but we think it necessary to inform your Excellency that the Treaty proposed will be somewhat expensive, as a great number of Indians will probably attend, and they must be fed. It will also be necessary to rally a few Militia into service on the occasion, & provide some salt; some whiskey and Tobacco to smoke the beloved pipe around the Council fire, will be very necessary: and also belts and beads to confirm the transaction. We are Excellency's most obed't. II'ble Serv'ts WMV. SIIARPE. WAIGTITSTILL AVERY. WAIGHTSTILL AVERY AND WM. SHARPE TO GOV. CASWELL. [From Executive Letter Book.] SALISBURY, 7"' August, 1777. MAY IT PLEASE YOUR EXCEiLLENCY: The Commissioners of North Carolina and Virginia who held the late Treaty at the Long Island, having made peace with the Over hill Cherokees and fixed a boundary line with them, consider that the extention of the line between the two States is now become 568 STATE RECORDS. an object worthy the immediate attention of Government. How far the Executive of this State is authorized to go into this business without the concurrence of the Legislature we do not take upon us to determine. But this far we can inform your Excellency, that it would be the means of preventing many great disputes, and of enabling Government to punish all such as infringe on the articles of the Treaty, which otherwise cannot be done with propriety, as it is impossible in some cases to judge in which State the infringement might happen until the line is extended. We are clearly of opinion that this business might be done when the Indian boundary is run at much less expense than at any other time, as the same Commissioners, Surveyors and attendants might answer both purposes. And there appears a great necessity for many reasons that the line with the Overhills should be run out and marked immediately. Our Indian line begins where that of Virginia ends. They are determined to run theirs this fall; the Indians will be uneasy perhaps if ours is delayed; and it may be disadvantageous to have to call on them a second time from the nation. And when the Indian lines are finished, the line between the two States might soon be extended. The Commissioners of Virginia are of opinion with us, and have assured us that they will lay the matter before the Governor of that State. We are sincerely your Excellency's most obedient Humble Servants, WAIGHTSTILL AVERY. WM. SI['ARPE. WAIGHTSTILL AVERY TO GOV. CASWELL. [From Executive Letter Book.] SALISBURY, 7t" August, 1777. MAY IT PLEASE YOUR EXCELLENCY: To excuse the liberty I take of naming Lieut. Col. Charles MeDowell of Burke County as a person properly qualified for the business of an agent for makling the necessary preparations for the Treaty with the Ml_:iddle Settlements, before the next session of the General Assembly, if such Treaty should be appointed. Also the liberty of mentioning M[r. William Sharp and Col. Christo STATE RECORDS. 569 pher Beckman as persons as well qualified for running the Indian Line, and the Line between the two States, as any I can think of these parts. And it may be also necessary to add a third who is a better mathematician than either of them on the Line between the States, in case either of said Lines are run this Fall. I can assure your Excellency that I do not mention the above Gentlemen, or any of them, because they are my Friends, or that their appointment would confer any particular obligation on me, but only because I do not think of any others so well qualified in these parts. And there appears some necessity for appointing one of the late Commissioners of peace to be at the running and making those Lines agreed at that Treaty. And for the business of holding the new Treaty, I would recommend Mr. HIesekiah Alexander in the room of some two of the old Com'rs., an even number having been attended with some inconvenicce. I am. your Excellency's most obed't. most devot'd I-'ble Serv't., WAIGHTSTILL AVERY. CORN'S. HARNETT TO GOV. CASWELL. [From Executive Letter Book.] HIL AI-T)lA1.- IA., 11-th August, 1777. SI:I have been honorcd with Your Excellcncy's favour of the 15 July which you will be pleaLsed to accept my acknowledgments. I took the small-pox by inoculation at Port Tobacco in Maryland whiclh detained me three weeks at thalt place, tho' I had it in a very favorable manner; I did not lie down one minute for it. The money your Excellency is so anxious about Mr. Penn tells me has been sent long ago; an officer went off to take chalrge of it. I do not find however whether it is certainly gone or not, as the Treasurer has not yet acquainted Mr. Penn with it. We expect every hour to hear fiom Baltimore about it. I should have wrote you sooner had I not been waiting to give you a certain account of the destination of the British fleet which sailed upwards of three weeks ago fiom Sandy IHook, with Gen. I-owe's army on board. Everybody believed their intention was against this city, which was also 570 STATE RECOR1DS. Gen. Washington's opinion by the movements in our grand army under his command, which has been some time encamped at Germantown. Yesterday morning our army begun their march towards N. York Government. The evacuation of Ticonderoga, and the success of Gen. Burgoin since that event has thrown the people and army in that State into great consternation which they have not as yet recovered from, this, together with the tardiness of the New England MI)ilitia make our affairs wear rather a gloomy aspect in that quarter. Gen. Gates is gone to take command of our army in the Northern Department, & we have great expectation from that Gentleman's military abilities that an ilmmediate change will take place, as the New Englalnd people have a high esteem for him. The uncertainty of Gen. Howe's intentions has hurt our affairs exceedingly, by harassing our army by unnecessary marches.. The N~. Carolina Troops are in high spirits. I have seen some of the officers. I inquired particularly after Capt. Caswell who is in good health and spirits. Gen. Nash with his Brigade is stationed for the present at Trent Town. Mr. Burke talks of returning homne the beginning of the next month. I tell him lhe will not be suffered to stay long in:N~. Carolina, which is indeed imy wish. I am sorry he is under the necessity of going. I beg your Excellency will be pleased to present my most respectful compliments to the Gentlemen of your Council. I shall keep this letter open until the setting off of the post, and shall communicate to you any further intelligence which may be received concerning Gen. Burgoin and Howe's operations. I amn with the greatest respect, Your Excellency's most obedient & very huml Serv't., CORNS. IIARNETT. ROB. SMITH TO GOV. CASWELL. [From Executive Letter Book.] EDENTON, 13th August, 1777. SIR - The politeness of your last address I ought more fully now to acknowledge, had I time to do it; but as I did not before this moment know of the Brigadier's setting out. I have not time to STATE RECORDS. 571 mention any more than that I extremely distressed about the King Taminy. By heaven, I do not know what to do. Were she mine I would have burnt her long ago, rather than had the complaints on me she has occasioned,-For God's sake believe me. Gen'l. Skinner will inform you of the situation of Dauge. I have done, and shall do all in my power to further his march. Your Excellency will likewise be informed of Legate's being now secure in our gaol, &c., &c., I have the honor to be Your Excellency's most obed. Serv't, ROB. SMITH. GOV. CASWELL TO WILLIAM TAYLOR, ESQ. [From Executive Letter Book.] 1)oBBS, 13t' Aug't, 1777. SIl:Capt. Alexander Outlaw llas i.nformed me lie was bound over by you to appear at the Wilmington Court of Oyer to answer some matter alleged against him for passing counterfeit money: in this particular I have only his own story, which if true, I should suppose no proof of any consequence will appear against him. Yet he seemed apprehensive that his wishes to serve his country in the character of a soldier would be impeded and in effect prevented by those lie called his enemies endeavoring to get him bound from court to court to harass him &c prevent his going out of the country if there should be a call. I therefore told him, admitting his own acc't of the matter to be true, that if he would enter into the service of this country and use his weight & influence in the recruiting business, I would endeavor to, put a stop to any litigious prosecution against him. He in compliance therewith did inlist himself and prevailed on many others to follow his example in that particular. If his crime is not of too atrocious a nature to admit of this indulgence, you I presume, for the good of your country, will think it expedient to comply with my proposal to him, so far as-falls within your power. However, as you have examined the proof against him, you are certainly the best judge whether he merits this indulgence or not. My only wish in the case was, and is to serve the public. I am &c, RIC-IARD CASWELL. 572 STATE RECORDS. GOV. CASWELL TO JUDGE SAM'L SPENCER. [From Executive Letter Book.] NEWINGTON, 13th August, 1777. DEAR SIR: Your favors from Col. Blount and from Halifax I have received. I should have been glad to have the pleasure of your company here on your way to Halifax; but under the circumstances you laboured, I could not expect it. In consequence of an affidavit made by Dr. Burke againstsAlexander Outlaw, which I had the honor to receive from you, the latter appeared before a magistrate in this County, when I was present, there are several other charges against him of a similar nature, he told me himself; but with confidence assured me, that he was not under the- least apprehension of any of. them affecting his life; indeed I think, from the nature of our Constitution, any charges against h]im prior to the formation of that could not, with any degree of propriety be punished. Iowever, these matters -must be left to you and others, whose business it is to determine them in a judicial. way. Outlaw told m e was desirous of entering, as a soldier, in the service of hiis Country, and that by his example and diligence in the recruiting business lhe thought he should be able to render essential service to the common cause; but although he had weight with the comnmon people, he had many enemies among those who looked on themselves in another;.lass, and those, the latter, lie was apprehensive would use their best endeavours to get him bound over froin court to court, or perhaps restrained of his liberty altogether, for so long a time as to render his endeavours altogether futile in respect to his public service. At the same time he assured me that if I would permit him to go into the service, tho' he had been, and( now is, a Captain in the militia service, & in the course of the present disputes had frequently turned out at the head of as large a company as most of those who have been carried into the field, he would inlist as a private, thinking he could in that character, be of more service in the recruiting business, and that, if by his conduct he in. time should merit promotion, he did not doubt he should obtain it. I considered Outlaw's case and suffered himi to inlist; and he has really been of considerable service, being very active and industrious he has prevailed on many others to enlist. In short, Sir, his conduct has STATE RECORDS. 573 been such as to cause me not to regret the indulgence I have given him, but to solicit your good offices, so far as is consistent with your duty as a Judge, in his favor, I persuade myself his future behaviour will be such as to wipe away any bad impressions his past may have occasioned. I am &c., RIC.IIAPTD CASWELL. P. S. This incorrect scrawl you'll excuse, when I tell you the little time I have been writing it, was borrowed from my Indigo works, where I have no person to attend who has any judgment at all in these matters. GOV. CASWELL TO THOMAS CRAIKE, ESQ., COM. STOR. [From Executive Letter Book] KINGSTON, 14thl, Aug't, 1777. SI::Captain Silas Stevenson with a detachment from Col. Sheppard's Battalion is ordered, in obedience to an order from the Governor & Council, with four carts & three wagons to Wilmington, there to receive such of the powder belonging to the public as is over & beside one ton weight; \which is to be detained there. The carts are to bring half a ton weight each, and the wagons one ton. If hiere is not powder sufficient to load thlem, deliver Capt. Stevenson as much shot and lead besides as will complete tile loads to each wagon and cart, as above. You will be pleased to see that every cask containing powder is put in good order when delivered; otherwise it will be useless to the public to attempt its removal. You are also to furnish covering for such of the wagons & carts as are without. And any assistance this detachment may stand in need of I flatter myself you will cheerfully give them; therein you will particularly oblige Dr. Sir Yours &c. ERICHARD CASWELL. 574 STATE RECORDS. MAJ. WM. LEE DAVIDSON TO GOV. CASWELL. [From Executive Letter Book.] CATir QUANKEY, 14th August, 1777. SIR:The Bearer, Mr. Robert I-ays, is the young man that I recommended to your Excellency for an Ensign's commission in the 4th Battalion. H-e was a stranger to nme, until he joined the tegiment about six weeks ago: since which timne, lie has behaved himself as active zealous friend to his country, and has been very vigilant in the service. In my last I acquainted you with my success in the recruiting service, which would have been much greater, had he received money for that purpose. Ile waits on your Excellency to know if he can obtain a Commnission. By a Gentleman directly from Philadelphia we are informed that seventy sail of the enemie's ships appear'd in Delaware River, and that Gen. Washington was crossing the Delaware at Cowell's Ferry Wednesday the 30th July, on his way to Philadelphia, with eighteen thousand men, and that Gen. Putnam remains to the Northward with six thousand. Your Excellency's most humble & obedient servant, WM. LEE DAVIDSON. MAJ. HARDY MURFREE TO GOV. CASWELL. [From Executive Letter Book.] HALIFAX, Aug. 14"', 1777. DR SIR: I rec'd yours by Mr. Shine, & do approve of his coming into the second Battalion, whenever there is a vacancy, & that I expect every day. I wrote to you last month, desiring Mr. Samuel Jones should come in the second Battalion as ensign, but have not heard whether you approve of him or not. If you do, I should be glad if you would send him a Commnission before we go out of this State, as I gave him a certificate in the month of May to act till your pleasure was known in that matter. Hie is one of the Commissioners that was appointed by the Assembly to recruit in the County of IHoitford for the Continental Battalions; but lie never received any money, nor instructions, & did not inlist any men; but if you STATE RECORDS. 575 think proper to give him all appointment, I intend to leave him in this State on the recruiting service, as I think lie has more interest in that way than any Ensign in our Battalion. I am told one of our Ensigns intends resigning, and if he does I will acquaint you immediately, and get Mr. Shine appointed in his room. I am Your Excellency's mo. Huml. Serv't., HARDY MhURFREE. P.. I have now at this place 28 new recruits and 13 deserters, that I have inlisted and apprehended, since I have been on the recruiting service. 1f. M. CAPT. TILMAN DIXON TO GOV. CASWELL. [From Executive Letter Book.l CAMP NEA IHALIFAX, Aug'st 15th, 1777. Sin: I have to inform you, that on the tenth day of July a certain Thos. Rice was appointed an Ensign by order of Col. Will. Davis, in the first Reg't Continental Troops of this State. I therefore request the favour of you to send him a Commission, as soon as possible, agreeable to said appointment, the better to enable him for to proceed on our intended march. I am with respect, Sir your very hum. Ser't, TILMAN DIXON, Capt. 1st Reg't. SiR:-The within Mr. Rice is a good officer & much approved of, Your obt. Ser't., JOHN WILLIAMS. JUDGE SAM'L SPENCER TO GOV. CASWELL. [From Executive Letter Book.] ANsoN, 15th of August, 1777. Si.: In my journey to and from I-Iillsborough Court in June last, I called at the Furnace on Deep River, which had, when I first saw it been blowing for some days, but on my return was stopped by 576 STATE RECORIDS. the melting of the hearth-stones. Curiosity as well interest in the welfare of the public led me to inquire into a number of things respecting that important concern. Among which I learn't the following particulars: that there is an immense bed of ore on vacant land extending about six miles in circumference, or two miles square, and the depth of it unknown; though it has been dug in some places from five to eight or nine feet deep; and the place where it has been hitherto dug is about a quarter of a mile from the Furnace. I saw some pigs run from this ore, which appeared to me the finest I had ever seen, and two of the head workmen told me they had never seen better iron in any part of the world. And one of them observed, that there was ore enough in that bed, -to supply twenty furnaces for a hundred years, and the other spoke much to the same purport. It was mentioned to me on my way to Hill.sborough, that a furnace erected on Rocky River, at about four or five miles distance fionm this bed of ore, might blow at all seasons of the year. But on my return I understood by some of the people near tliat river, that the mills which stood on that stream, had stopped for want of water, about the same time that the furnace would have blown out by the fail ure of water if it had not been stopped by the melting of the hearth-stone, the second time. The stream on lwhich the Furnace stands is ratlterl small, and liable to fail in the sIummer; bt from all I could learn it will be sufficient for blowing about eight months in the year. But the present position of the water-wheel of that Furnace I learn is no ways proper or advantageous; it being so high in respect to the trunk which conveys the water to the buckets, that none of the buckets are filled, till they are almost ready to be emptied; whereas if the water took the bucket several feet higher in respect to the wheel, and nearly horizontal to the axis, the force or mnomentumv with which the wheel is carried, would be twice or thrice as groeat as it nowr is. I saw the first hearth-stones that mnelteo-about the time of the public purchase of the Furnace from Mr. Wilcox; and also those that melted as soon as the metal begun to run freely in the time of the last Hillsborough Court, as the workmen told me. The MasterFoTunder of shot conducted me to 'a room where lie showed me the moulds finished and ready for casting shot of the following denomninations, vis, 9 pounders, 6 pounders, four pounders, three pounders, two pounders, one pounders and grape-shot in abundance; and for 9 STATE RECORDS. 577 casting pots of nine different sizes from one to ten gallons, waggon boxes, and Dutch ovens. In another room I was likewise shown, by the master cannon-founder, the moulds for the following pieces of cannon, to wit, a 12 pounder, two nine pounders, two 6 pounders, two 4 pounders, and a three pounder. M.Ir. MAills told me that they had procured limestone at several places, and that he hoped a sufficient quantity might still be had, for melting the ore; but I did not understand that this was very plenty, or could he had at a very short distance from the Furnace. IHe likewise informed me, that if the Furnace had not blown oult, they should have been in want of several things necessary for carrying on the works with any tolerable success, as, more hands, teams, nails, two tackels and a spare rope, for casting of cannon, &c. However I understand that the Furnace and Iron works have lately been put into the hands of Mr. Wilcox by the Commissioners heretofore appointed by the Public; that one of the principal workmen is gone; and that there is no probability that the other will long continue in Mr. Wilcox's employ. And if this should be the case, by all I can learn, it would be at this time very unlikely that AMr. Wilcox could otherwise supply himself with workmen, as they were so generally taken up and engaged in every part of the Continent. If therefore these works should be confirmed to Wilcox, I really very much doubt whether they would be carried on to any considerable purpose; in which the Public will be deprived of the benefit to be derived from works of the most interesting importance; whereas if it be kept in the hands of the Public, and hearthstones that will stand the heat can be procured, (which undoubtedly may) it is inconceivable what benefit, utility, and safety might accrue to this State and some of our neighboring States by such a work as this, carried on thoroughly and judiciously for eight months in the year. By what I understand of the soap-stone (which I am told is plenty in the neighborhood of the Furnace), there is a great probability that it would fully answer the )pupose for hearth-stones; but if this should not answer it- would be well worth while to send to the Northward for stone that is sufficiently proved. I confess, when I viewed these works and considered their importance, it gave me real pain to think that this country should be one day delayed of sharing the advantages, safety and defence that would naturally result from a work of that nature well carried 37 578 STATE RECORDS. on. Whether AMr. Wilcox has any foundation to complain of the treatment he has met with from the Public, will appear, when the enclosed interrogatories from Mr. Mills are answered, as he expects they will and which I found Mr. Ball was ready to answer in a very satisfactory manner. I have therefore taken the freedom to enclose them, as they tend to give a true state of that case. I am with the greatest esteem and respect, Your Excellency's most obedient, humble Servant, SAM'L. SPENCER. LT; COL. HENRY IRWIN TO GOV. CASWELL. [From Executive Letter Book.] TALIFAXI, 15th August, 1777. SI:I have delivered to Col. Williams a list of the names of the officers and soldiers now in this State belonging to the 5th Battalion: it is impossible for nme to make a pay-roll, as many of our officers are absent. Regarding officers of my Regiment staying in this State to recruit, I am afraid they will meet with litttle or no success, as very little has been done in the past: if agreeable to your Excellency, I think their stay will be of no advantage. As I do not know of what money has been advanced to each officer for the recruiting service, I can't make any settlement with them; I also am told that some officers of the 5th 13att"' have resigned to you; as I can't account for their absence, shall be glad you will please to inform mc if any have resigned to your Excellency. As my baggage &c has long a gone to the Nor'ward, and an over number of officers are now agoing, I shall be imuch obliged to have leave to go through the lower parts of Virginia, as I have business of great consequence to settle in Suffolk, and, as I have had the small pox, shall be able to get to the place the soldiers will take it at before they get there.. shall be in Tarb'~ when this express returns, will be thankful for an answer. I am, may it please your Excellency, your most ob't serv't., HENRY IRWIN. STATE RECORDS. 579 COL. JOHN WILLIAMS TO GOV. CASWELL. [From Executive Letter Book.] CAAMP AT QUANKEY, 16th Aug't, 1777. SIR:You'll herewith receive pay-rolls of the different Battalions now assembled at this place; a number of the officers being absent when I rec'd your instructions, it was with difficulty I could get them wnade out. Col. Mebane and others of the field officers wishes to leave more than three officers for the recruiting service, and desired me to signify as much to your Excellency, and for my part I really would be glad we could, as I am. inclinable to think persons are much fonder of entering into the service at this time, than they were some time ago, especially in the back parts; they begin to think we are an overmatch for the 3Britons. As several of the officers who had warrants on the Treasury were under the necessity of borrowing money to recruit with, and having it not in their power to replace the same, I hope money will be sent up for that purpose, as the credit of those Gent'1. is at stake. I beg leave to recommend Mr. Hugh Dobbins as a second Lieut. in the 9th Battalion (there being a vacancy): he is a very proper person, and a young Gentn. of fortune. It is expected a number of our officers intend to resign before we march for the Grand Army; since your last instructions, I have refused to accept of resignations, until I could hear from your Excellency, and would be glad to be informed, whether or not it is proper so to do? And whether the officers left on the recruiting service are to wait on your Excellency for instructions or not? Should have transmitted a liqt of those Gentlemen had it been in my power to have obtained it, but as I before observed, so many officers being absent, it was impossible. As I am desirous of conducting myself, in every particular, consistent with the duty of my office, and the good of m~.country, I beg, your Excellency would do me the honor, to give me such instructions as may be necessary, that I may be capable of, (if attended to, which I assure your Honor I will endeavour to comply with) to walk void of censure; I am with respect Your Excellency's mo. obt. IHbe. Serv'., JOHN WILLIAMS. P. S. Being but two Capt"'. in the 2d Battalion, (to wit) Fen 580 STATE RECORDS. nor, & Benj. Williams, it will not do to leave Fennor, & Williams is anxious of going, therefore wishes a first Lieut. could be left in his room. J. W. LT. GOV. JOHN PAGE, OF VA., TO GOV. CASWELL. [From Executive Letter Book.] WMAs'BURG, August 16tl, 1777. SI:The fleet which has been seen for some days past coasting along our Eastern shore, last night entered our Bay: it consists of upwards of 100 sail. We think it not only of immediate concern to this State to give yoa this information, but also of ye greatest consequence to ye United States in general, as we hope to receive considerable assistance from you, having on a former occasion experienced the readiness with which North Carolina afforded it. I have the honor to be with great respect, Sir, Your mo. obedt. serv., JOHN PAGE. GEN. ISAAC GREGORY TO GOV. CASWELL. [From Executive Letter Book.] CAMDEN COUNTY, 19th Aug't, 1777. SIR:MIr. James Ferebee being appointed 2' Maj'r in the Camden Reg't. of M!ilitia, he being put over every Capt. in the Reg't, thought it might be disagreeable, gave his Com'n. up, and it was agrd on in our Court Martial that Mr. John Gray should have that Com'n as being the oldest Capt.; therefore I trouble you, if think proper, to send a Commission to him. Col. I)auge will take care to bring or send it down. The news here is that there is two hundred sairof shipping in Chesapeak Bay, expected to be part of Lord I-Iowe's fleet. I am Sir with due respect yr obt. st ISAAC GREGORY. STATE RECORDS. 581 COL. JOHN WILLIAMS TO GOV. CASWELL. [From Executive Letter Book.] C1AMP AT QUANIKEY, 19th Augt, 1777. SIRI We have no paymaster in camp: some time ago I informed your excellency that Mr. William Pasture, a paymaster to one of the Regiments, was at Halifax, and willing to undertake to pay off the Troops under my command, if he could be supplied with money for that purpose: he lives at Newbern. There is three or four vacancies in my Regiment, please inform me whether or not, you will fill up commissions to such as I should recommend to fill these vacancies. I am your Excellency's mo. obt. HITP. Ser't., JOIN WILLIAMS. GEN. ALLEN JONES TO GOV. CASWELL. [From Executive Letter Book.] August 20t', 1777. SI:Agreeable to your Excellency's requisition I issued orders for a General AMuster in the several Counties composing my Brigade but have not yet had a return, tho' I make no doubt of receiving them this week, and being ready to execute any orders issued by your Excellency. As the Continental Troops are to quit Halifax shortly and there are several atrocious offenders against the State in prison with many of their adherents at no great distance, I wish to have your directions as to the number of Militia necessary to have on duty; It appears to me absolutely necessary to have a full company if no more: but as you are well acquainted with the designs of the Tories, the importance of the magasines in town, and the necessity of bringing the conspirators now in prison to condign punishment, I make no doubt but your orders will be such as may prove advantageous to the State. In the present scarcity of provisions I am appprehensive of meeting with some difficulty in dieting the guard, for no one will agree to find them for the stated rations. I therefore must submit it to 582 STATE RECORDS. you, whether it would not be eligible to employ a person to buy provision for the men, and pay him a certain price for his trouble. I beg a particular answer; and am with real respect & esteem Your Excellency's' mo. obed. Ser't., ALLEN JONES. HENRY TOOMER TO GOV. CASWELL. [Fromn Executive Book.] WILMINGTON, 21"t August, 1777. SIRBy Gen. John Ashe I have received your appointment as Commissioner: which I am much obliged to you for. MI:r. Ashe told me he had no orders to supply any money, and the mien is complaining much for the want of their pay. If any bond is required, one will be given to Gen. Ashe. Sir, I am your very humrn Ser't., IENI:RY TOOMAER. FRANCIS BRICE TO GOV. CASWELL. [Froml Executive Letter Book.] WILMINGTON, August 21st, 1777. SIt: Two days ago I had the pleasure of opening Your Excellency's letter addressed to Mr. Craike, respecting the military stores to be removed fromn hence. I have not been able to send as much powder as to reduce the remaining quantity to one ton, owing to the impossibility of getting covering for the carts that came without, there being none in the store, nor even in all the town that would turn rain,-and one of thie waggons being so indifferent as not to carry more than one thousand instead of two,-I delivered Capt. Stevenson nineteen barrels of Gun, 4975 lb. gr. 502 lb. Tr. ten pieces of lead w'g 2951 lb. and 1 ream of cartridge paper for the magasine at Kingstol, also a few trifles for the tenth Battalion, for all which I have taken Capt. Stevenson's receipt. I am with great respect Your Excellency's most obt. serv't FRAN CIS BRICE. STATE RECORDS. 583 MAJOR J. B. ASHE TO GOV. CASWELL. [From Executive Letter Book.] CAMP ON QUANKEY, August 21st, 1777. SIR:From several authentic informations, and also by a letter from Doct'r Wilson, Surgeon of the 6th North Carolina Battalion to me this morning; it seems Field Officers in the Continental service rise by a Colonial line, & not by a Regimental one; by which mode of promotion, I am not entitled to my present command, but find on setting the rank thus, I shall be reduced from it: from which motive I am induced to request of your Excellency to indulge me in remaining in the State, till such time as I can have it confirmed from General Nash, to whom I have wrote on the subject. Upon your Excellency's reflecting on the disagreeable situation I shall be in there, after a reduction (however just) (and from your Excellency's great delicacy of feeling) I flatter myself you will indulge me in my wish: and what still leads me to believe there is such a mode of rising, is a letter from Lieut. Col. Lytle in camp, ten miles below Philadelphia, to a Gent'm. of the N. Carolina forces in that city, acquainting him not to furnish himself with a tent or any camp equipage, for he mright have all this,-from which I conclude that Gentleman, who is in the same predicament wit.h me, does not intend continuing in the service after his reduction. Your Excellency's answer with a compliance will be particularly acknowledged by, Sir. Your very obed't. very IIumble Serv't., J. B. ASIIE. GOV. CASWELL TO W. JONES, ESQ. [From Executive Letter Book.] DOBBs, 21st Aug't, 1777. Di. SI:Your favor of the 19th current by express, I have just received. The letter you enclosed me was from the Lieut. Gov'r of Virginia informing that "last Friday night the enemy's fleet consisting of upwards of 100 sail entered Chesapeake bay". I am obliged to you for giving Gen'ls. Jones & Butler notice of the arrival of this 584 STATE RECORDS. fleet. I write to those Gentlemen, and beg of you the favor'to forward their letters. It's no more than to request they will direct the 1st & 2d divisions of their respective Brigades to hold themselves in readiness to march at the shortest notice. I also write to Col's Eaton & Taylor requesting their attendance in Council at New Bern Monrday 1st September. Be pleased to send those on with Gon. 1Butler's letter. I am &c. RICHARD CASWELL. GOV. CASWELL TO COL. HAYWOOD. [From Executive Letter Book.] DojBs, 21st Aug't, 1777. DEAR SIR: I have just receihd. information from the Lient. Governor of Virginia, by express, that 100 sail & upwards of the enemy's fleet was arrived in Chesapeake Bay, and intimating his expectation of being under the necessity of calling on us for assistance. I have written to the several General officers of the Militia to hold the 1st & 2d divisions of their Brigades ready to inarch at the shortest notice: but let the emergency be what it may, they can not legally be ordered to march but with the advice of the Council, I have therefore appointed the 1t September for the members to meet at New Bern, when you will be pleased to attend. I am &c. RICHIARD CASWELL. GOV. CASWELL TO HON. JOHN PAGE, LT. GOVERNOR VIRGINIA. [From Executive Letter Book.] DOBBS COUNTY, 21st Aug't, 1777. SIR:Your favor of the 16h' current I this moment received, and shall immediately give orders to the officers commanding the Militia in STATE RECORDS. 585 this State to hold the first and second divisions (which makes one half of the whole,) in readiness to march on the shortest notice. I have also appointed a meeting of the Council at New Bern the ' first of September, when I shall be glad to be favored with such intelligence as you shall think proper to communicate. I flatter myself this State will ever be ready to give ler sister States every assistance in her power. I am &c RICHARD CASWELL. TO THE GENERAL OFFICERS OF THE MILITIA-(CIRCULAR.) [From Executive Letter Book.] DOBBS, 21st Augs, 1777. DEAR SIR:I have just received information from the Lieut. Governor of Virginia of the arrival in Chesapeak Bay of upwards of 100 sail of enemy's ships, and intimating his expectation of requesting the assistance of this State. I am therefore to request that you give immediate order to the first and second divisions of the drafts in your Brigade to hold themselves' in readiness to march at the shortest notice. I have not the honor of a return from you since the late M:ilitia law: the Council is to meet at New Bern the first of September, when, if practicable, you will'be pleased to furnish me. I am, Dear Sir, &c. Your most obed. Serv't. PRESIDENT JOHN HANCOCK TO GOV. CASWELL. [From Executive Letter Book.] PHILADELPHIA, August 22d, 1777. SIR:The Congress having received intelligence from Virginia that 586 STATE RECORDS. the fleet of the enemy were seen near the capes of the Chesapeak, on the 15th inst., and not knowing what may be their views upon the Southern coast, have come to the enclosed Resolve, earnestly recommending to you to have all the naval and military stores removed, with the utmost expedition, to places of greater security. I have the pleasure to congratulate you on the success of Gen'l. Stark, who commanded a party of two thousand mostly militia, in the Northern Department. For the particulars I beg leave to refer you to the enclosed printed account. I have the honor to be with the greatest respect, Sir, Your most obed't. h'ble Serv't., JOHN HANCOCK, Presid't. WILLIAM AMIS TO GOV. CASWELL. [From Executive Letter Book.] August 22d, 1777. MIAY IT PLEASlE YOUiR EXCELL]ENCY: The most pressing necessity obliges me to dispatch this messalge to your Excellency for money. The Troops I'n informed are to march to the Northward in a few days, & it will be absolutely impossible for me to supply them, unless I can draw about ~2000. I've already mortgaged my own property for the loan of a few hundred pounds, which is now exhausted. I've been the only acting Commissary and suppllied all the Troops here since the departure of our army for the Northward. Your Excellency, seeing my distress, will, I hope, order that one of the Treasurers pay into the hands of the Bearer, John WVebb, ~2000, anid I will be answerable for the same. I could not wait on your Excellency myself, having no person here that I can intrust my business with. I act for, & on behalf of my brother, Thomas Amis of l3laden, who was -appointed Commissary to tlhe third Reg't. I am your Excellency's most obed't. & devoted Iumble Serv't., WILLIAM3 AMIS. Inclosed is an order on the Treasury. STATE RECORDS. 587 GOV. CASWELL TO COL. ABRAHAM SHEPPARD. [From Executive Letter Book.] NEWINGTON, 22d August, 1777. SIR:When you received the very honorable appointment from your Country, to the command of a regiment to be raised by Gentlemen of your own appointment, from my knowledge of your own sentiments of the present measures taken by the British Tyrant and his tools in administration to enslave us, your assiduity, prudence, and conduct, as well as those of many of the officers you appointed, of whom I entertained the highest opinion, I was induced to believe you would not only be able to raise men to serve their country, but that the officers would be punctual in obeying orders. In the first I am happy to find I was not mistaken; but, what shall I say to the latter? I have, Sir, repeatedly required you would order the recruits to Kingston, your Ilead Quarters, where you was first ordered to rendez-vous. 'Tis true that three companies have appeared there: but these are from the neighborhood of that place, and could have been assembled in three or four days, whenever they should have had notice. I know you have sent written order s to some of the other officers, because I have seen them; these were at a distance and required more timn. But, Sir, a reasonable time has long since past, and I begin to think your officers, I mean such of them as neglect this essential piece of duty, of attending punctually to orders, are apprehensive, that there is no power lodged with the Executive of this State to order Continental Troops or that their appeariag with their men at the rendez-vous appointed is merely intended for parade and show. You know, Sir, this is not the case: Congress have lodged proper power in the Governor of this State to direct the Continental Troops whilst here; you also know my design in appointing the place of rcndez-vous was not only because it was near the center of the State, and a healthy part of the country, but where I expected to see the Regiment frequently, and where they would, when altogether, get some knowl 588 STATE RECORIDS. edge of discipline, and be preparing to march at the shortest notice; in which by being so near me, my assistance could be had,-and, if necessary, my authority more easily put in execution with their assistance: you likewise know, Sir, that I wanted to see your men together, to know what number of arms they have, whether any were wanting, and if Col. Dauge's party brings up the No. ordered from Edenton; by having this knowledge, I certainly should have it much more in my power, than I now have, to give Congress an account of their strength, and manner of equipment, and they would themselves be better able to execute such orders as Congress, through me, might think proper to give. You are no stranger to their orders for your being in readiness to march; you have also some knowledge of the enemy's designs upon Chesapeak, I have had further information from that quarter by express from the Governoi of Virginia, such as would have induced me, had your Regiment been here, to have ordered them immediately to that State. For God's sake, and your Country's sake, for your own honor and that of your Regiiment, let me entreat you, nay order and command you, immediately to order your officers to repair to Iead Quarters at Kingston, with such of their men as are, or can conveniently be, collected, without delay, and that Col. Dauge's party bring up the 300 stand of arms ordered from Edenton, if to be had; and so soon as they are assembled you furnish me with a proper return of your numbers, arms, &c., and what may be wanting to equip you for a march. I hope I need say no more to spur you or your officers to the discharge of a duty in which your Country's interest and honor as well as your own are so essentially concerned. I am &c., RICIARD CASWELL. STATE RECORDS. 589 GOV. CASWELL TO GEN'L. ALLEN JONES. [From Executive Letter Book.] DoBBs, 23d Aug't, 1777. DR. SIR:I have received your favor of the 20th current. The subject matter therein must be laid before the Council, who are to meet at New Bern the first of September; their results thereon shall be communicated to ybu so soon as I possibly can. In the meantime I think it necessary to recommend to you the keeping up a guard of at least fifty privates, from your Brigade, with the necessary officers, to be relieved in such manner as you shall think proper on the prison and magasine at Halifax. As some of the prisoners at Ialifax, I am told, are charged with offences committed in the District of Edenton, it will be necessary to remove them to the gaol there, under a strong guard, that you will be pleased to furnish from the militia. At the same time give me leave to request you will inquire into the charges against such, and not only send dovn the prisoners, but also the necessary papers, and give the Court such information respecting the prisoners' offences, as you may be able to collect. Mr. Bondfield refused to act as Judge in that district. I have lately sent a commission to Mr. Johnston, who I hope, under the present circumstances, will qualify under it. You will be pleased to direct provisions to be had for the guards upon the best terms you can, until you receive further advice from me. I think the method you recommend will be the most eligible. I shall be glad to be favored with your return in the time of the Council's sitting: at the same time will you do me the favor of furnishing me once more with an account of the expenses of the prisoners so far as have come to your knowledge. The account you formerly gave me I laid before the Assembly; what they did with it, I know not: but being called on by the Board of war for such account, I fear I shall meet with difficulties in procuring an accurate one. Excuse the trouble I give you, and believe me to be, with sincere esteem & respect Yours &c., RICHARD CASWELL. 590 STATE RECORDS. CORN'S HARNETT TO GOV. CASWELL. [From Executive Letter Book.] P-ILADiELPIIA, August 23d, 1777. SIR:I have the honor to enclose your Excellency a hand-bill published by order of Congress. —Gen'l. Stark has in some measure retrieved our affairs in the Northern Department: he is a Militia Brigadier from N. Hamipshire, and has acquired great honor. The fleet of the enemy are arrived in Chesapeak Bay, what may be their intentions Congress is not informed, but are prepared, I hope, to disconcert their plan whichever way it may be pointed. As Congress seem at present inclinable to fortify sea-ports at the Continental expence, I could wish your Excellency would be pleased to forward to the Delegates of your State, the plans of Cape Lookout Bay and of C. Fear river. I hope for the assistance of Congress in this business, I have, ever since I arrived in this City, proposed to my colleagues to write official letters jointly. This has not as yet been thought necessary. I only therefore can lay before your Excellency my own crude and indigested thoughts on subjects as they occur to me. Would it not be advisable to collect the arms dropped by our Battalions in Virginia and Miaryland? Perhaps an application to the Governors of those States would effect this purpose. Bad as those arms are, they are better than none. Gen. Iowe by his late mnanceuvres seems to have ackowlcdged the superiority of the American Forces. I should not be surprised, if in future he should continue to alarm us in different quarters. lie may by these means distress the States, but I trust he can not conquer them by this kind of war. I have heard of the intended insurrection in your State, and that Felix Kenan was at the head of it, I shall be much obliged to your Excellency for the particulars of that affair. I am with the greatest respect, Your Excellency's most obed't. & very hum'l. Serv't. CORN'. IIARNETT. STATE RECORDS. 591 GEN. JOHN ASHE TO GOV. CASWELL. [From Executive Letter Book.] ROCKY P()INT, Aug't 24%, 1777. Sin:I arrived safe with lay charge the 18t' inst. very ill with a fever the whole journey. I have enclosed, agreeable to your desire, an account of thie bills drawn on the Continental Treasury, also Col. Long's reeipts as hle desired. Your Excellency's favour of the 18t'] inst. came saffe to hand, in pursluane: of which I have appointed Mr. George ]Moore Junr. to receive thle guns, stores, & implemenits belonging to the artillery in the hlands of CaIpt. Vance, and gave him a receipt for thle saine, and to take an inventory, which I have directed to be signed by eachl of themr, and sent me, in order to be forwarded to your Excellency, a.nd have ordered a guard of fifty men on the artillery aud public stores, which I thouglht small enough, considering the s ituation of tle place, and the number of malcontents in and about Wilhnington, and that daily resort there: but if your Excellency should this too large, you'll please to signlify what iumber you think sufhicient, & they shall be reduced. The short timne each relief of the Militia will be on this duty will render it impracticabl)e for them to acquire any knowledge in the use of the artillery, so as to be useful to the State, should it have occasion for it, I would submit it to your Excellency and the (Council when they next lneet, whether it would not be more eligible to appoint a conmpany to be raised without tlhe charge of a bounty, at two shillings or two shillings & six pence a day wvith rations, to be in constant service till the end of the next session of the Assembly, and deemrred a provincial artillery company, who, by, their length of service, will acqire a knowledge that mnay be useful to State if they should be called out. If this should be your Excellency's opinion, & the Council should come into the measure, I would beg leave if your Excellency has no particular person in view for the command, to recommend the person I have already appointed & just to mention that Robert l3annerman, & Rowland Jones as . ' 592 STATE RECORDS. persons I think would do for 1t & 2'1 Lieuts. and be useful even in recruiting men for such company. I am with due esteem & respect, Your Excellency's most obed. & humble Servant, JOHN ASHE. 25th Ang't. Col. P. Alston came late night & gave me the inclosed deposition. SAMPSON MOSELY TO GOV. CASWELL. [From Executive Letter Book.] MOSELY HALL, Aug't 25t', 1777. MAY IT PLEASE YOUR EXCELLENCY: A few days ago a ship arrived here as a prise taken by Capt. Meredith of this port. She was bound from Mississippi to Jamaica. I some time ago sent to a gentleman in New Bern to procure my Commission as Judge of the Court of Admirality for the port of Brunswick, also the directions laid down by the Continental Congress for the Admiralty Courts, and to send them to me: his answer was they were not yet arrived from Congress. As I am at a loss in what manner to proceed without those directions, permit me to request the favor of your Excellency, if you are in possession of them, to direct your secretary to furnish me with them pr Bearer, as also my Commission; as I do not know the charges, I enclose ten dollars, which if not sufficient, be pleased to advise me, that I may send it pr first opportunity. I have the honor to be with the greatest respect, Your Excellency's most obed. & very hum. Serv't., SAMPSON MIOSELY. DR. THOS. BURKE TO GOV CASWELL. [From Executive Letter Book.] PHIILADEIPHIA, Aug. 21st, 1777. DR. SI:I have been in daily expectation of setting off for the Southward p STATE RECORDS. 593 for some time past, and therefore have omitted writing to you, and indeed we have not until very lately had any thing to write about. At length the campaign begins to be active, and I am, though exceedingly anxious to get home, induced to defer my journey until something material shall happen between the two grand armies who are now approaching each other. After many unaccountable movements the fleet and army under the Howes has reached so far up Chesapeak as to have their rear above Baltimore, and their van a good way into the Susquehanna. No accounts are yet received of their landing. General Washington has already marched with a gallant army composed of Southern Troops to oppose them; and a few days will bring him in sight of them. IHe will we hope be powerfully supported by the brave and martial militia of Maryland and Pennsylvania. In short, Sir, our hopes are now very high that a capital blow will be given to the enemy in every quarter. Burgoin already feels the force and spirit of the New York and Eastern Militia. A choice body of 1500 men were encountered by about two thousand New Hampshire Militia, and routed with the loss of 2 hundred killed and taken with all the artillery. Another brave action was fought by a party of New York Militia, who, tho' surprised by an ambuscade, fought with most obstinate perserverance from nine until three o'clock, when the enemy were forced to retire, having suffered great slaughter. What renders this action remarkable is, that, upon the first surprise 200 out of 700 were panic-struck and fled; the commanding officer was wounded, and many brave officers were killed very early in the engagement, yet the men, with a courage that would do honour to the best veterans in Europe, sustained the engagement under every disadvantage, and under a very bloody slaughter, until they gained an undisputed victory. The particulars of these actions you will find in the inclosed papers, and I touch upon them here only because I deem them happy presages of the accomplishment of what I have always hoped and wished for, that our militia might become good soldiers. Happy improvement! What foreign force or domestic ambition should we then have any thing to fear from? General Nash with his Brigade has passed through this City, and they appeared very well, I saw Captain Caswell, he is well, but had no time to talk with me. I wish, Sir, I could tell you the Con 38 * 594 STATE RECORDS. gress improve in wisdom and virtue: but as I hope soon to see you, I shall reserve what I have to say of them. I have the honor to be, Sir, with greatest respect and esteem, Your ver obdt. hum. Ser't., THOS. BURKE. Governor Caswell. P. S. The Enemy are landed near the head of Elk. GOV. P. HENRY, OF VA., TO GOV. CASWELL. LFrom Executive Letter Book.] WMISBURGH, Aug't. 26th, 1777. SI:Yours to the Lieut. Governor I have had the pleasure to see this day. My conjecture is that the enemy intend to form lines of communication from the waters of Chesapeak to those of Delaware. For this purpose they will go to the head of the Bay, and so attempt to make a conquest of that great peninsular form'd by the ocean and the Bay. At first view this looks as if all the people there would be in a pound, and the enemy will try to propagate this notion. But on reflection it will be found practicable to throw Troops on the Eastern shore, and these may harass the rear, while Gen'l. Washington will press the front. I am preparing to give some succour to our two Counties there, whose inhabitants suffer by depredations on their Negroes, Stock, &c., &c. Burgoyne, as it is natural to expect, makes an irruption into New York, and I doubt is about Albany ere now. This I think is meant to divert from the main object, which I take to be Howe's pushing for Philadelphia. From y' character, Sir, and the gen'l disposition of yr State, I've no doubt of your exertion and active assistance, if 'tis wanted. In case the enemy fail in the chief design, I expect a hostile visit, on their return, here. Should this State be pressed, I shall make bold to ask that assistance that the exigence may possibly require, from you. You probably may not soon hear from mie, unless some new incident arises. With great esteem I have the honor to be, Sir, Your Excellency's most ob't & very humble Serv't., P. HENRY. STATE RECORDS. 595 CAPT. JOSEPH WALKER TO GOV. CASWELL. [From Executive Letter Book.] HALIFAX, August 26th 1777. DR SIR: I must trouble Your Excellency with these to inform you that I was left Commanding Officer of the 7th No. Carolina Continental Battalion, left in this State on the recruiting service. I applied to Col. Williams for instructions how to proceed. He told me that he had a letter from your Excellency which said that the commanding officer of each Regiment should calloon you for orders, or send, so that you might know when to send such instructions to them as your Excellency should think proper. I should have been happy in waiting on your honor myself, but I have just received a letter from my wife, who is very sick and I have been in camp in this place these seven weeks, and hope your Excellency will indulge me so far as to excuse me. This will be delivered you by Lieut. Joshua Daley. The officers left in the recruiting service out of the 7th Regiment, is as follows: Joshua Daley, Lieut; Davis Grandy, Ensign; John L. Hare, ditto; James Casstaphen, ditto; exclusive of myself, as will be sent you from Col. Williams very shortly. I have sent Mr. Daley to wait on Your Excellency with this letter, and to convey your orders to me, which you may depend shall be punctually obeyed. I have no recruiting money in my hands, as I did not get a warrant this spring. If you should think propel to give warrants, at least bills, I can sell them in my neighborhood: if you should think proper to grant a warrant on the Treasury, Mr. Daley will give a receipt in my name, which I have desired him to do. I have some money of my own, that I shall make use of in the recruiting service till I hear from your Excellency. I have a number of receipts in my hands that I have got from the new recruits that I have 'listed since the recruiting orders this spring, that I have not yet settled with the paymaster for, nor he has not money to advance to recruit with. All the officers have enough of their own to serve till they know where to apply to get it, and remain with the greatest respect your very humble Servant and most obedient, JOSEPH WALKER, Captn. 7th Reg't. 596 STATE RECORDS. JNO. HAMILTON TO GOV. CASWELL. [From Executive Letter Book.] HIILLSBOROUGH, August 27th, 1777. SIR:I take the liberty to inclose to your Excellency the petition in behalf of my Brother, self, and others, which I beg your care in laying it before the honorable Council, and flatter myself with your Excellency's concurrence, they will pay proper attention to it and grant us the prayer of our petition.-It is a matter of too much moment to us, to be silent at this time, otherwise we would not presume to attract the attention of your Excellency and Honorable Council, with an affair so trifling to the State, when you are engaged in matters of such moment, but the late affair of Mr. Telfair, and the known good disposition of your Excellency, in assisting the distressed, emboldens us to petition your Excellency and the Honorable Council, & will plead an excuse for troubling your Excellency at this time. I can with truth assure your Excellency, that his Excellency General Washington has repeatedly sent over to General Howe, by a flag, people of our situation, and allowed them to transport their property with them. Should your Excellency and Honorable Council favour us with your protection, in the manner set forth in the petition, would propose that H-alifax or Edenton might be the place appointed for our rendez-vous, and that your Excellency will also be pleased to appoint an officer of your acquaintance to conduct us, and that he may be authorised to choose such men as he may think proper for a guard. About the 25t'h of September we shall be ready I believe to set off, about that time it will be proper that the guard may be got ready. I can't at present send your Excellency a list of all those who will embrace the opportunity of going with my Brother & self; therefore if your Excellency would take the trouble, to have a Resolve of Council passed, authorizing your Excellency to grant a passport to such as your Excellency approved of, it would give much satisfaction to all concerned. I shall be extremely happy to hear from you by Mr. McNair's return, fully on this affair. I beg pardon for the freedom, and remain with much esteem, Your Excellency's most obedient H:[umble Serv't, JNO. HAMILTON. STATE RECORDS. 597 P. S. I have annexed to the petition a number of subscribers who intend to embrace the opportunity of leaving the State; a number more have made application: a list of whom shall be transmitted to your Excellency in due time. J. H. COL. JOHN WILLIAMS TO GOV. CASWELL. [From Executive Letter Book.] CAMP AT QUANKEY, 28th Aug't, 1777. SIR:Your Excellency will herewith receive a list of officers, ordered on the recruiting service. I have directed them to apply to you for instructions. Capt. Joel Brevard and five Lieut"'. of my Reg't have resigned their Com'r. lMr. Robert Blackwell, first Lieut. in Capt. Ramsey's Company, a very obliging good officer, (& a man of property) I beg leave to recommend to your Excellency, to fill the vacancy of Capt. Brevard: also Mr. James Tatum, and William Washington, two Cadets, in my Regiment, to fill the vacancies of Ensigns; if you think proper to do it, please to enclose the Com'r directed to me on our march; which we shall begin on Monday next, it being the first day of Sept"'. I am Your Excellency's most ob't H"'le Servlt., JOHN WILLIAMS. GOV. CASWELL TO GEN. ASHE. [From Executive Letter Book.] NEWINGTON, 28th Aug't, 1777. DEAR SIR:Your letter of the 24th current by express I have just received. The Gent"' you have appointed to receive the artillery &c of Capt. Vance, is perfectly agreeable to me. If a company is raised as a State artillery Company, your recommendation of Mr. Moore will be an inducement to me, and I don't doubt the Council also, to give him the appointment. I thank you for the measures you have taken respecting the artillery and stores. I think the No. you have appointed small enough: you will be pleased to continue the 598 STATE RECORDS. guard until you know the opinion of the Council, which I will inform you so soon as I know their result. The deposition you inclose me containing only hearsay, I can do nothing with further than to recommend to you the inquiring into the reality of what is therein suggested, and if it is found to be true, that those persons are lurking in that part of the country, to give me as early information as you possibly can. I am &c. RICHARD COASWELL. GOV. CASWELL TO S. MOSELEY, ESQ. [ From Executive Letter Book.] DoBBs, 28th Aug't. 1777. SI:I had your fav'r of the 25t' inst. inclosing ten dollars.. The Resolutions of Congress respecting Admiralty Courts 'tis not in my power to furnish you. I never had but one copy, and I believe that is at New Bern. Your Com'n as Judge of the port of Brunswick, together with that of the Marshall are herewith inclosed, also 41- dollars. The fees of the Com's are at foot. I congratulate you on the arrival of the prise, and am with respect & esteem, Sir, Yours &c., RICHARD CASWELL. Fees heretofore allowed Gov'r, now to State, for Judge's Com'n 20. Do for Marshall's (same as She'fs) 10. Secretary's fees for each 10.8 Seal 2.8 each 5.4 46. SAM. JOHNSTON TO GOV. CASWELL. [From Executive Letter Book.] EDENTON, 28th August, 1777. SIR:I had the honour of receiving yesterday Your Excellency's Commission appointing me, in place of MIr. Bonfield, to hold a STATE RECORDS. 599 Court of Oyer & Terminer, in conjunction with Mr. Beasley, for this District; some doubts having arisen in my breast with regard to your power of making such an appointment, I shall, with all due deference, submit them to your consideration; and if my reasons have the same weight with your Excellency that they have with me, I hope you will think it advisable to revoke a Commission which is neither warranted by the Constitution, nor any act of Assembly that I have yet seen. I have not indeed seen the Act in which the Judges are named, referred to in the Oyer & Terminer Act; so that, for aught I know, the Commission may be authorised by that act, tho' by the pointed manner in which the Oyer & Terminer Act is worded, it does not appear to me that, the Assembly intended that you should have a power of commissioning any but such as are named by the Assembly. By the Constitution you are empowered to supply the vacancy of any officer the right of whose appointment is vested in the General Assembly by the Constitution but there is no mention of Justices of Oyer & Terminer in any part of the Constitution that I can find; The only Judges which by the Constitution the Assembly are empowered to appoint are Judges of the Superior Courts of Law & Equity, Judges of the Admiralty, and Justices of the Peace; a Commissioner of Oyer & Terminer can not by any reasonable construction be comprised under of either of these denominations, as he only holds his office for five days, they for life; Upon the whole, if the power of commissioning Judges of the Courts of Oyer & Terminer is not vested in you by the Constitution, but created by Act of Assembly, it appears to me that you can not exceed the limits prescribed by the Act in the exercise of that power. I have not mentioned these doubts to any one, nor do I mean to do it till I hear from you: so that, if you think I am right, you will act as if the objections I mention had been the result of your own deliberation. I shall with great alacrity serve the public in this office to the best of my abilities, if it can be done consistently with my reputation or safety, but when the life of a man is in question, the greatest caution is necessary, as our law is attentive to the most minute circumstances in such cases. I have the honour to be with the greatest respect & esteem, Sr, Your Excell'y's most obedient servant, SAM. JOHNST.ON. 600 STATE RECORDS. WILLIE JONES TO GOV. CASWELL. [From Executive Letter Book.] HALIFAX, Aug. 29t', 1777. D.R SIR: — I dispatched the letter for the Governor of Virginia, and also the other letters, immediately on the receipt of them. I expect my express from Virginia to-day, and if he brings any letters for you, or ally material intelligence, 1 shall. send him on directly to Newbern. We had the Virginia papers yesterday; but there is no news in them; neither have we had anything new from Travellers lately. Mr. Pinkney is dead: his death is not regretted by a single person who knew him in this part of the world. His conduct was so scandalous, that we only regret that he did not die before he had an opportunity of abusing this State in the gross manner he has done. I used every means in my power to stimulate him to his duty, and to enable him to perform it; but all to no purpose. When I went to Williamsburg after my return from Newbern, I found he was so involved there, that his creditors would not let him depart without money or security, and to expedite the public business, I advanced him money and became his security to the amount of upwards of ~400, for which I have no kind of security. His Types were brought to Halifax, and I think of detaining them until I am made secure. I should therefore be glad, (if there should be any application to your Excellency for administration on his estate), that it should not be granted until I could be informed of it. I am, Dr Sir, Your most obed. Humble Srt., WILLIE JONES. Col. Long this moment informed me the express from Virg'a was arrived and that he would send him off to you immed. W. JONES. STATE RECORDS. 601 LIEUT. JESSE READ TO GOV. CASWELL. [From Executive Letter Book.] BATI, August 31st, 1777. Sn:This to acquaint your Excellency that I am by order of Col. John Williams, to continue in this State as a recruiting officer for the 5th Battalion: and his orders to me was to apply to you for recruiting instructions and money, which Capt. Stedman will receive for me, as I am at present not able to ride to Newbern. Sir, I verily believe that, if you should send me the money, and immediately, I can recruit a good many men. I have lately recruited six men without having a farthing of the public's money. Sir, I remain Your II'ble Serv't., JESSE READ, L't. in 5th Battalion. GOV. CASWELL TO GEN. NASH. [From Executive Letter Book.] NEw BERN, 2d September, 1777. DEAR SIR:This is just to make my acknowledgements to you for the notice you have been pleased to take of my son (Capt. Caswell). I hope his conduct will be such as to demonstrate a grateful sense of your polite and genteel behaviour towards him. If you shall think his conduct in the army entitles him to any advancement, your countenance towards his obtaining it will be conferring a further favor. I am glad to hear the men who compose your Brigade are in health and spirits, and do most earnestly hope and believe they, when you lead them to action, will do honor to you, themselves, and the country where they are raised. I most sincerely wish you success in the glorious cause which has carried you into the field, and that you may obtain the laurels due to the brave and am Dr Sir, &c. RICHARD CASWELL. 602 STATE RECORDS. GOV. CASWELL TO JOHN PENN, ESQ. [From Executive Letter Book.] NEW BERN, 2d September, 1777. SI:Your favor of the 5th August I have just rec'd. Its contents ' have fully answered my questions respecting the sending out the money. I thank you and your colleagues for your care & assiduity in that business. The money arrived, under the care of Lieut. Allen, at my house in Dobbs about three weeks past. I inmediately sent to the Treasurers; they attended, and each received his proportion. The Troops of the first nine Battalions remaining in this State, with the new Recruits, are paid up to yesterday, when they were to proceed on their march to join Gen. Washington. The Artillery Company is also paid up to the same day, and has orders to proceed to Kingston, where the 10th Battalion (raised by Col. Sheppard) is assembling as fast as possible. It consists of, within a very few men, perhaps 6 or 8, of 400 Rank & File. Those with the Artillery Company will be ordered on immediately after their assembling. There are purchased for the Continental use, by Commissioners by me appointed in consequence of a Resolve of Congress, 987 barrels of pork, and 15 barrels of beef, 430 of which are stored at Washington, (the forks of Tar river) and the remainder at this place. I have ordered a few barrels to be delivered to Col. Sheppard's recruits. Congress will be pleased to take such action as they think proper with respect to the remainder. The Resolves of Congress which you inclosed me I shall lay before the Council this morning, who, no doubt, will pay a proper attention to the importnnce of them. The post is waiting, must therefore conclude. I am &c., RICHARD CASWELL. GOV. CASWELL TO HON. C. HARNETT. [From Executive Letter Book.] NEw BE3RN, 2"' September, 1777. DEAi SI:I had the pleasure of receiving your favor of the 11th August last STATE RECORDS. 603 night. I congratulate you on your recovery of the small-pox; your having it so favorably was in a great measure owing to the regular regimen you observed, I am told, on your journey-I imagine. I was really very anxious about the money you mentioned, but was happily relieved from that anxiety about three weeks ago, when Mr. Allen delivered it safe to me in Dobbs. I immediately dispatched expresses to the Treasurers, who came up and received it. The warrants I had granted the recruiting officers are taken up, and the Troops paid off to the first instant, and those at Halifax ordered to march the same day, I mean yesterday. The Artillery Company is ordered to Kingston to join Col. Sheppard's Battalion, which is assembling with the utmost expedition, about 400 Itank and File, who will march with the Artillery Company to join the grand army in a few days. I thank you for the intelligence you give me of our affairs. They appear not to be in quite so good a state as I could wish them, but hope Gen. Gates' arrival there, with the great numbers of militia which we are told are flocking in, will change the face of things. I rejoice to hear the N~. Carolina Troops are in high spirits whenever they are led to action: I hope and believe they will acquit themselves like brave men. I am greatly obliged to you for inquiring after Capt. Caswell, and giving me an account of his health. Give me leave to request you will be pleased to enquire frequently into his conduct, and give him such advice and assistance as you could wish to be given by your friend to a son circumnstanced as he is, and so far distant from his parent. I hope he will gratefully receive either from you in a becoming manner. Dr. Burke I shall be glad to see whilst he shall happen to be in this State. I imagine he will have left Philadelphia before this reaches you, I shall therefore omit writing to him this post; his stay here, I persuade myself, will be.but short. The Council is to meet here this day; some of the members are here; to that board I will do myself the pleasure of delivering your compliments. We have bden alarmed with the rising of Tories, and forming of conspiracies: the former among the Highlanders & Regulators and in the County in which you had the honor to draw your first breath, and in Bertie and Martin. The Militia in some places was called on to quell the first, but the Insurgents only proceeded to Cross-Creek, under a pretence of getting salt, which they were supplied with, 604 STATE RECORDS. and finding the country alarmed and ready to treat them as they deserved, desisted from proceeding any further. The other Gentry, many of them have been apprehended and committed to gaol, in order to take their trials in the Courts of Oyer. Among them is Mr. Brimage, who attempted to escape, got as far as Ocacock, where he was apprehended, carried up to Edenton, and committed to a poisonous and noisome dungeon, as he calls it, in a letter to me. He asks my interference with the Justices to admit him to bail, which I did not think proper to meddle in. We have heard of the arrival of upwards of 200 of the enemy's fleet in Chesapeak. Our Militia, on that account, is held in readiness, that is the first and second Divisions, to march at the shortest notice to the assistance of Virginia, and I have had intimation from the Governor that, if certain incidents happen, he shall expect our friendly aid of men &c. I shall be extremely glad to hear from you, at such times as you can conveniently spare a few minutes to communicate anything you may be pleased to wish me to know. I am D) Sir Yours &c., RICHARD CASWELL. DR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.l PHILADELPHIA, Septr. 2, 1777. DR SIR:The inclosed paper will give you all the public intelligence since my last. The complexion of affairs is not yet become so determined that I can set off for home; but I am in daily expectations of some events which may determine my resolutions to that purpose. Our finances have long engaged our attention in Congress, but we have not yet come to any conclusive Resolutions thereon. The subject is of the greatest impartance, and truly too great for our talents. One thing every one seems clear in, that Taxation in a very liberal degree must take place. This, Sir, is so necessary that it must at all events be attempted every where. The quantity of money in circulation, and its consequent depreciation, and the accumulating debt of the public makes it inevitably necessary. I fear the sys STATE RECORDS. 605 tern under consideration will not be so far matured before my departure that I can carry it with me, or know how to apply my endeavours at home towards the perfection of it. I shall however make myself as much master as possible of the prevailing opinions thereon. You will find by the intelligence that our affairs every where bear a promising aspect. I have the most sanguine hopes that this campaign will give a severe blow to the British arms; and I even look forward to an end of the war, much sooner than has hitherto appeared probable. I have, Sir, troubled you too long in this letter, and shall only add that, I have the honor to be with the greatest respect & regard your very obed't hum. S't., THOS. BURKE. LT. COL. LUTTRELL TO GOV. CASWELL. [From Executive Letter Book.] CASWELL COUNTY, September 2d, 1777. MAY IT PLEASE YOUR EXCELLENCY: Col. Williams has marched to the Northward to join General Washington, and left instructions with me, to stay in this State and superintend the recruiting service; and desired me to apply to you for orders in what manner to proceed. I shou'd have applied in person, but am very unwell with the ague. Therefore please to write me by Capt. Rice, the orders and instructions that you design for the recruiting officers. Capt. Rice, the bearer of this, is come down to see if some of his men, that deserted some time ago, hath not inlisted in the 10th Regim't; and on his return is ordered to the Northward to join the Regim't under the command of Col. Williams-however as there is but three officers to a Regiment left in this State, and of course more officers gone already than is sufficient to command what men was marched; and there is a number of deserters now lurking about this place, which would be of service to this State to have taken; these reasons, together with that of Capt. Rice's having a sick family, that he seems unwilling to leave for the present, until they get better, has induced me to mention it to your Excellency, and beg of you (if there is no inconsistency in it ) to permit him to stay and assist in the recruiting service. Capt. Rice is well e 606 STATE RECORDS. acquainted in these parts, and I believe can recruit more men, than any person that can be left in his room. I have four or five negroes in Transylvania, (the place lately purchased by Rich'd Henderson & Comp'y.) and am very desirous of getting them brought home before the cold weather sets in-and the Colony of Virginia hath ordered out two hundred & fifty men to that country, to protect the inhabitants who are now gathering at the Long Island on IIolston River, and I imagine that cou'd I be at tIolston now, that in all probability I shou'd have an opportunity of employing some person that wou'd bring them home. Therefore I shall be under exceeding great obligations to your Excellency, if you will give me leave of absence from this State a few weeks. I am not able at present to undertake the journey, but am in hopes shall be in a very small time, and I will return again as soon as possible. I should not have asked the favour, if I thought there was any probability of my doing any injury to the service I am engaged in by my absence. There is a report here (how true I cannot say) that the Indians have taken Fort Pitt on the Ohio, and killed every soul, except two men, that was in the place. I am your most ob't H'ble Serv't., J. LUTTRELL. HEZ. ALEXANDER TO GOV. CASWELL. [From Executive Letter Book.l MECKLENBURG COUNTY, Sept. 4th, 1777. SIR:These are to inform you that the public do suffer in the western parts of this State, by want of the last acts of the Assembly: at least we in this County are at a loss in many respects having as yet had none of them sent to us, except the tax-act, a few days ago in manuscript, sent to us by Mr. Avery: and a copy of the Tory Act, by unknown hands; but whether genuine or not we can not tell. Wherefore I make bold to apply to you, as our political Father, that you would give such orders in the premises, as you shall think proper. And in the mean time please to send me one copy of the Acts, if to be had; and so doing you will oblige the public, and your Humble servant in particular. * IIEZ. ALEXANDER. STATE RECORDS. 607 THOS. WADE TO GOV. CASWELL. [ From Executive Letter Book.] ANSON C'T-HOUSE, 5tl Sept., 1777. SIR:About a fortnight ago Capt. Lewis Lowry, one of the Tory Captains sent from this State to the State of Virginia, and stationed with the other State-Prisoners, in Augusta County in Stauntown, where since last December they have been put on their parole, in that town, and as soon as I heard of the s'd Lowry's return without leave I issued a warrant and had him taken; and on examination he confessed his breaking his parole, and informed me that one Bradley, a prisoner from the same place, came with him to his plantation in Orange County, and that they concluded to come home on design to stay, if their country would let them. And the s'd Capt. Lowry offered to take the oath, but I told him I had no power to fix preliminaries on which he could stay any other than a prisoner, till sent back: on which he offered security for his good behaviour, and appearance at the next sitting of your Council, or the sitting of the Assembly of this State. And as he appears to have a desire to once more give his country satisfaction of his sincere return to his duty as a subject of this State, I thought proper to refer to your Honor the case of the s'd Lowry and shall keep him till I receive your instructions, which shall be punctually executed. There's also John Smith, a prisoner from the State of Pennsylvania, in this County under the s'd Lowry's circumstances, I hear, who was one of the Adjutants in the Tory army and sent from this State. I have not apprehended him yet, but I shall have it done, as he has escaped some time by telling he gave bail: but on apprehending Lowry he is alarmed, I understand. The bad state of health of myself and family have prevented it yet. I am, Sir, Your humble Serv't., THOS. WADE. N. B. If any news from the Northward, should esteem a favour to have a sketch, as it would satisfy our divided people, if good. T. W. I hope your Excellency will excuse this scrawl, as I am lying in a sick bed at this time. 608 STATE RECORDS. W. AVERY TO GOV. CASWELL. [From Executive Letter Book.] Sending a copy of his own letter to the N. C. Agent in the Cherokee Nation, dated Sept. 5, 1777; to Gov. Caswell, Waightstill Avery writes to the latter as follows: General Rutherford has never sent any Talks to the Indians this summer. The Indians were very anxious to receive a talk directly from the Great Beloved Man of North Carolina before they ventured themselves down into this State. Perhaps it might have a very good tendency to send a talk to them to meet at Cathey's Fort. They imagine that your Excellency has neglected them. Yours most respectfully, W. AVERY. His Excellency the Gov.' General Rutherford has shewed the greatest reluctance to appoint a Commissary, and not being done when I came away, I do not know but he may refuse, and the Indians be under a necessity of returning home directly from the Fort, for want of provisions for their march down. W. A. JOHN CARTER TO GOV. CASWELL. [From Executive Letter Book.] WASHINGTON DISTRICT, Sept. 7th, 1777. SIR: After the Treaty with the Cherokees, I taking the premises into consideration, finding that seventeen of the young warriors did go with Nat. Gees to General Washington, at Head Quarters, and that seven more started with Maj'r Woommac to Mr. Sharp's, those I looked on as hostages, while among the white people: and also the Commissioners appointed a Gentleman from each State, as Superintendants, that is from Virginia and from this State, who resides in the Nation and will watch their motion, and can give notice occasionally of any alarming circumstances; under those circumstances I thought proper to discharge all our Troops, being well convinced there was no danger, and not willing to run the State * ob STATE RECORDS. 609 into needless expences. But notwithstanding there has happened nothing alarming amongst us since the Treaty, the people on Nolechaga has sent a petition to General Rutherford, without acquainting me with the substance, or that they were under any doubts of any enemy: what they allege I am not able to judge, but they obtained leave to raise 25 horsemen to range. I fear the consequences: for there was a temporary line agreed on at the Treaty, and if these men goes over that bounds, I think it will give umbrage to the Indians, and as it is near their hunting season, there is no doubt but they and those Rangers will meet. I can't say who was at the bottom of this plan, but I fear they have deceived General Rutherford, and has asserted something to my disadvantage. For the General has not acquainted me with his orders, nor has he wrote to me any answer concerning ammunition I wrote to him for: as that article is very scarce here, and a small magasine would be highly necessary while these troubles continue. I mentioned to the General when I wrote for ammunition, of 4 persons being killed by the Indians on Clinch River, about sixty miles from us northeast. It is thought to be the Norwards. About that time there was an alarm of a considerable number of the Norward Indians coming on Clinch Settlement. Col. Shelby raised a party of men on the Virginia side, and went in pursuit of them and found the alarm to be false. It is supposed to be raised by some transient persons to get the Militia under pay, and judge that to be the case in regard to the petition that was sent to General Rutherford. I would take it extreme kind to have your orders, or advise in the premises. Your Excellency may be assured that I will do everything in my power for the regulating the Militia, and for the defence of our frontiers, and for the benefit of the United States: but if my dignity is to be sported with, under these circumstances; I have no need of your Commission as Commanding officer for Washington District. So I remain Your Excellency's most obedient IH'ble Serv't., JOHN CARTER. N. 1B. I just received intelligence of the Little Carpenter being at the Log Island with 25 or 30 young warriors. They declare the greatest friendship, and say they have 500 young warriors ready to come to the assistance of Virginia or North Carolinn, 39 610 STATE RECORDS. when called for: if to fight the English or any Indians that wants war with the white people of these two States. I am, J. CARTER. GEN. ALLEN JONES TO GOV. CASWELL. [From Executive Letter-Book.] Sept. 8th, 1777. SIR:At length I am able to make your Excellency a return of the Halifax Brigade, tho' a little incomplete in the officers of some counties, owing to the novelty of the thing. I do not know whether my return is proper, for I confess my ignorance in military affairs. But if it is wrong, should be obliged to you for a hint of it, that my next may be more perfect. I am with great respect & esteem your Excellency's mo obed Ser't., ALLEN JONES. GOV. CASWELL TO THOS. CRAIGE, ESQ. [From Executive Letter Book.] KINGSTON, 8th Septr, 1777. SIR:Lieut. Col. Dauge of the 10th Battalion has orders, to proceed immediately to Wilmington with a detachment from his Battalion & carriages sufficient to bring off the remainder of the magasine; the ton of gun-powder with what lead this detachment can't bring away must be removed from Wilmington to a place of greater security. On that subject I shall write to Gen. Ashe, whose directions in respect to these matters you will 'be pleased to attend to. I shall be obliged to you to furnish me with an account of what you deliver Col. Dauge, and have you dispose of the remainder. I am, &c., RICHARD CASWELL. STATE RECORDS. 611 GOV. CASWELL TO GEN. ASHE. [From Executive Letter Book.] KINSTON, 8t" Septr, 1777. DEAR SIR:Since writing to you yesterday, I have ordered Col. Dauge with a detachment of 100 men from the 10th Battalion to march immediately from this for Wilmington with a sufficient number of carriages to bring off the remainder of the powder and lead, except a ton of gun powder, & a proportionate quantity of lead; or if he is obliged to leave more lead, that with the powder you will be pleased to have removed from Wilmington to a place of greater security. I have wrote to the Conmmissary of Stores to take your directions herein. Be pleased to see that all the powder, except the aforesaid ton, and what lead Col. Dauge's party can bring, is delivered them. I rely on you executing the Resolve of Congress with the greatest expedition so far as relates to the naval stores: and to effect it, in case it is absolutely necessary, Col. Dauge has orders to give every assistance in his power. But if this is not really necessary, be pleased to let him return as soon as he can, as 'tis possible when 'tis known among the Tories above that his party is to bring off the ammunition, he may meet with some opposition on the road. Upon the whole, Sir, I am happy in knowing that every thing committed to your management will be conducted in such manner, as will do honor to yourself & tend to the advantage of the public. I therefore shall submit the whole to you, without saying further than that I am &c. RICHARD CASWELL. GOV. CASWELL TO MR. FRA. BRICE, WILMINGTON. [ From Executive Letter Book.] KINGSTON, 8t" Sept, 1777. SIR: I will thank you for a ret. of what provisions you bo't for the pub., if any, in consequence of your appointm't by me in Council for that purpose: if you did buy, and the provisions are at Wil 612 STATE RECORDS. mington, they should be removed to a place of greater security. In that case, please inform Gen. Ashe, who will have them removed. If Col. Dauge's party who are now going to remove the rem't of the military stores shall want any salt provisions, be pleased to see that he is furnished either from your magas. or by Mr. Toomer. You will excuse this trouble, and believe me to Sr. yr n ob Servt., RICHARD CASWELL. JUDGE SAM'L SPENCER TO GOV. CASWELL. [From Executive Letter Book.] SALISBURY, 8th of September, 1777. DEAR SIR:I had the honour of your favour by Capt. Outlaw by whom I intended to have wrote to your Excellency from Wilmington, had he not left that town sooner than I was apprised of. When he delivered me your favour, I told him that I was very glad to be informed of the circumstances that seemed to operate in his favour: but that out of Court I had no judicial power, and in Court I had no authority to dispense with the Laws of the State, or the forms of trial: that if he had been guilty of any crimes or offences, his pardon and indemnity must ultimately come from your Excellency, or the Legislature: that from your recommendation I should be disposed to extend any lenity to him, that I could do consistent with my duty as a Judge, and with the concurrence of the Gentlemen jointly appointed with me to execute that office: But whether DeBruhl was a proper witness to be admitted against him, or whether the Resolve of the last session of the Assembly, respecting the enlistment of persons accused of crimes or offenses before a certain time, extended to his case, were matters I could not determine out of Court. Upon which he went off in a day or two after without saying any thing further to me, and without appearing in Court to save the forfeiture of his recoginisance. His default was therefore recorded, and a bill of indictment was found against him on the testimony of DeBruhl, and process was accordingly awarded thereon in common form. I have now finished my circuit, if it may be called such: and have with the assistance of my several STATE RECORDS. 613 colleagues, in office, and in the best manner I could, proceeded in and determined a great variety and multiplicity of criminal causes and matters, I hope to the tolerable satisfaction of the public. I hope to have the honour and the pleasure of waiting on you some time in the next session of Assembly. And am with sincere respect and esteem, Dear Sir, Your most obedient humble servant, SAM'L SPENCER. HENRY YOUNG TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, September 9th, 1777. SIR: As myself and Mr. Charles Jewkes propose setting off for Philadelphia with a considerable quantity of indigo and deerskins, which are to be transported by land, from this State, must beg leave to solicit the favour of your Excellency to grant us such permission as you think will be sufficient to protect our wagons from beingpressed, as also ourselves from being stopped; and am with the utmost respect & esteem Your Excellency's very obedt. Humble Servant, HENRY YOUNG. DR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.] HEAD QUARTERS, near Chad's Ford on Brandywine Creek, Sept. 10', 1777. Dr SIR: — Our army is disposed to receive the enemy who are about three miles distance & advancing, every person is in high spirits, and expect a very important engagement. Our army is supposed superior, and the enemy is very shy. I have delayed my journey home for some time in expectation of this (now expected) event, and hope before many hours to have the satisfaction of seeing our enemies put to rout. I can write you no mnore at present, but that I have the honor to be Your very obdt humble ser't., THOS. BURKE. 614 STATE RECORDS. GEN. WM. BRYAN TO GOV. CASWELL. [From Executive Letter Book.] Septr 14th 1777. SIm:I do myself the honor of inclosing to your Excellency a general return of my IBrigade so far as I have been able to collect the Field return, and wish it was in my power to have made the return complete, and at an earlier day. I am Sir Your Excellency's most obedient humn. Servant, WMI. BRYAN. GOV. CASWELL TO COL. ABRAHAM SHEPHER). [From Executive Letter Book.] NEWINGTON, 15th September, 1777. SIR: As I most sincerely wish every assistance in the power of this State to be given to the United States of America, not only as a duty incumbent on the people here, but for the honor of the State in general, and of those immediately concerned in particular; and in pursuance of the Resolves of Congress vesting me (as Chief Executive Magistrate in this State) with power to order and direct the march of the Continental Troops within this State; I do hereby require you to march the Regiment under your command together with the Artillery Company commanded by Capt. John Vance, from Kingston on Thursday the twenty fifth day of this instant September, by the shortest and best ways, and with the greatest expedition in your power, to Richmond town in Virginia, unless you receive contrary orders from your superior officer in the Continental service; and there you are to pursue such orders as you may receive from such officer, and for want of such officer you are to follow such furtler orders as you may receive from me: and in order to enable you to march your Battalion and the Artillery Company as aforesaid, you are to make me a proper return with all expedition of your numbers, arms, tents, blankets, clothes, wagons, carts, horses, baggage, and every article necessary on your STATE RECORDS. 615 march, which you now have, and also which you have not and will actually stand in need of on such march: this return I expect in time so as to direct the provision. R'D CASWELL. N. B. Col. Sheppard's Battalion marched from Kingston on the 25th of September agreeable to the above orders, and some few days after, I sent Col. Sheppard orders to proceed from Richmond to headquarters, and join General Washington's army, with the utmost expedition: these orders, he has since told me, he received, on searching my papers here, do not find a copy, but the above is the substance. It. CASWELL. Newbern, 18th Novr. 1777. GOV. CASWELL TO COL. ROCHESTER. [From Executive Letter Book.] DOBBS, 15th Sept. 1777. SIR:I apprehended on receiving your former letter you had committed the error which I find by yours now received by Capt. Rice was a mistake in me: but I was led into it from the circumstance of my not issuing ordinary licences, they being signed by the Clerk of the Court who grants them, and ordered the Letters to be sent to you. If the Letters are not wanting, please to return them, and the fees shall be repaid you. The Ordinary Licences I believe are to be signed by the Chairman or one of the Justices of the Court: the fees are to be received on them to the Gov'r 20 for the use of the State, and countersigned by the Clerk. However you will be pleased to advert to the last act of Assembly for regulating ordinaries, and conform to it. The 15 doll8s rec'd pr Capt. l:ice are inclosed. I am &c. RICI-IARD CASWELL. 616 STATE RECORDS. GOV. CASWELL TO CAPT. JOHN VANCE OF THE N~ CAROLINA ARTILLERY COMPANY. [From Executive Letter Book.] NEWINGTON, 15th' September, 1777. SIR:As your company is received into the Continental service, you must in fiture receive orders from Col. Sheppard, or the officer commanding his Battalion. Your Company is to march with that Regiment from Kingston the 25th day of September instant, and pursue such orders as may be from time to time given by the conmanding officer of the tenth Continental Battalion raised in this State, until you join some Artillery Battalion in the same service or you shall receive orders from an officer of superior command. You will consider this as your orders for the present, and conduct yourself accordingly. RICHARD CASWELL. GOV. CASWELL TO COL. JOHN LUTTRELL. [ From Executive Letter Book.] DoBBs, 15th Sept. 1777. SIR:Your letter of the 2d current came this moment to hand. You with the officers left in this State to recruit, are to observe such instructions as I formerly gave the commanding officer of your Battalion,,and make me returns agreeable to those instructions. If any thing new occurs, so as to make any alterations necessary, I will take the earliest opportunity of informing you. I cheerfully consent to Capt. Rice's staying in the State to recruit for the reasons you mention, till further orders: and have not the least objection to your attending to your own private concerns in the Western Country for so short a time as two or three weeks; but give me leave to recommend your directing the officers to be particularly attentive to the recruiting businss, and to send me the return required. I hope the reports you mention respecting Fort Pitt is groundless, STATE RECORDS. 617 as I have received no information to confirm it, and time sufficient for that purpose is elapsed. I am, with &c., RICHARD CASWELL. GOV. CASWELL TO HEZ'H ALEXANDER, EPHM BREVARD & ABRAHAM ALEXANDER, ESQS. MECKLENBURG. [ From Executive Letter Book.] DOBBS, 15th Sept. 1777. GENTLEMEN:Your letter of the 4th current I received, and at the meeting of the Council, will do myself the pleasure to lay the same before that Board, who with myself have a right to say whether the bond you mention shall be forfeited in case of Mr. Ochiltree's not complying with conditions, but in no other case have they or myself any right to intermeddle in these matters. You will therefore be pleased to do, in your own Court, what you think just and right. The result of the Council I will inform pr first opportunity. Mean time I am &c., RICHARD CASWELL. GOV. CAS.WELL TO HEZ. AREXANDER ESQ. [ From Executive Letter Book.],DOBBS COUNTY, 15th Sept, 1777. SI:Your favor of the 4th inst. I rec'd and am really concerned at hearing the complaint of the people your way as well as in many other parts of the State on ace't of the Acts of the late Assembly not being published. The Assembly thought proper to remove an old servant (the printer) for neglect of duty, and appoint one who resided in Virginia, who after long delay removed to Halifax about 5 or 6 weeks ago, where he died. His place can not be supplied till the meeting of the Assembly, and to attempt getting the Laws transcribed and sent to the different Counties in manuscript, would be needless, as it could not possibly be effected before the sitting 618 STATE RECORDS. of the Assembly, and of course would be attended with very consiberable expence, which might not be approved by that Hon'b]e Body. If it was in my power to send you a copy of those Laws, I would most cheerfully do it, but I have not been supplied myself,. depending on the printer, and have really been at a loss many times how to conduct myself for want of them. I am &c., RICHARD CASWELL. STATE OF NORTH CAROLINA. [From Executive Letter Book.] Richard Caswell Esq. Governor and Commander in chief of the said State. To ALL WIOM IT MAY CONCERN. These are to certify that the bearer Mr. Duncan Ochiltree hath produced to me certificates of his having been called upon in Cumberland to take the oath of fidelity to the State where on his refusal he has given bond and security to depart the State in sixty days from July Term last in said County, and also that on his arrival soon after the said Term in Mecklenburg County, the place of his residence, he was cited to appear before the Justices of that County Court on the third Tuesday in October, next to take the said oath and obliged to give Bond and security to appear accordingly so that if he departs the State agreeable to his first Bond, 'tis probable the last will be forfeited; if he does not, but complies with the conditions of the last, the first may become forfeited, under these circumstances I have advised him to abide the deterinination of the Court of the County, in which he resides thinking that more agreeable to the intention and spirit of the Law, and in the mean time I will lay his case before the Council at their next sitting, and take their opinion respecting the forfeiture of the first Bond.I therefore request that the Justices and others in Cumberland and elsewhere will not consider the said Duncan Ochiltree altho' he remains longer than the sixty days after last July Court in Cumberland, in the said State, as a person who has willingly made a breach of his said first above mentioned bond-but as one com STATE RECORDS. 619 pelled to act in the manner above described. Under these circumstances I have no doubt he will be permitted to pass from hence to the place of his residence in Miecklenburg undisturbed. Given under my hand the 15th Sept. 1777. RICHARD CASWELL. MAJOR J. B. ASHE TO GOV. CASWELL. [From Executive Letter Book.] NiEW RIVER, Sept. 16th, 1777. SIR: The bearer Lieut. Nixon of the 6th B3att'n who will hand your Excellency this, was to have gone on, after the last division to the Noward, ere this, but the number of deserters now in the State, (belonging to the 6th Regiment) induced me to detain him, 'till now, when he waits on your Excellency to know your opinion, and if your Excellency thinks with me, to obtain a warrant of <~100. Your Excellency will be pleased to excuse my want of paper, and I am with every esteem Your Excellency's obedient humble serveant, J. B. ASHE. FRANCIS BRICE TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, Sept. 16th, 1777. SIR - I have the pleasure to acquaint your Excellency of my having purchased for the Public, three hundred and sixty two barrels of Pork and eighteen of Beef. All which, (tho' bought at a very warm season of tie year) I have in exceeding good order, fromu the frequent over hauls I have given it, in having it coopered and filled up with strong pickle, which will be attended with some considerable expense, from the high price that salt has been at here for some time past. I have applied to Gen'l Ashe respecting the removal of it tomorrow. I expect his orders to have the stores and provisions conveyed, will come to some officer under his command. 620 STATE RECORDS. When the provisions are removed, I shall take particular care to have it all filled up with pickle and recoopered. In the absence of Mr. Craike, I have the pleasure of executing your Excellency's orders to him, and in obedience thereto, I have delivered Col. Dauge 12 barrels of Gunpowder wg 2620 lb. nt. and 8 pieces of lead wg 3866 lb nt. which I hope will get safe to the magasine at Kingston-There yet remains in this magasine, Lead sufficient to load all these wagons and carts entirely-besides the proportionate quantity to the one ton of Powder that remains here. The ammunition I suppose General Ashe will order out of Town with all expedition. I am most respectfully Your Excellency's very obedient servant, FRANCIS BRICE. To Col. Dauge, I have delivered 2 Barrels of Pork. DR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.] PHILADELPHIA, Sept. 17th, 1777. DR. SIR:I wrote a few lines from Head Quarters on Brandy-wine near Chad's Ford on the tenth Instant, and in them gave you the hopes I then entertained of seeing in a few hours our Armies triumphant over our enemies. I am sorry I cannot now tell you those hopes were realized-I am constrained to give you a detail of circumstances, which have grieved me to the soul, and I know will give you and my Country great concern. On the morning of the Eleventh, about eight O'clock, the enemy appeared on heights to the Southward of the Creek, and a little to the westward of Chad's ford, they drew up in order, and erected Burlect Batteries from whence they kept up a cannonade on our lines which were formed on the north side of the Creek in a meadow flanked by Hills to the right and left, on which we had several pieces of artillery posted to advantage, and from whence a well directed fire was kept up very hot until Eleven, by which time the enemy's Batteries were silenced, and their Troops driven from the grounds on which they had first formed in the morning. During the cannonade the Light Troops on both sides skirmished very warmly STATE RECORDS. 621 and always with advantage to us. Lower down on the Creek extended General Washington's left wing composed of four thousand Pennsylvania Militia who had no opportunity of engaging. Up the creek extended the right commanded by Major General Sullivan. About two o'clock the General received advice that a body of the enemy amounting to five thousand had moved up the creek in order to pass at a ford about four or five miles distance, he immediately made the necessary dispositions from encountering them, so as to prevent their getting on his right Flank. Soon after this General Sullivan was informed by a countryman, a Major of Militia that he had come along the road which immediately led from that ford, and had seen no enemy, whereupon he dispatched information to General Washington that he was convinced from the countryman's intelligence that no Enemy was upon that rout, and the General in consequence thereof halted the Troops destined to resist them. The error was not discovered until it was too late to bring the Troops up in good order. The consequence was that the Brigades which first formed were attacked before they expected it, and those who were forming, were thrown into disorder, and soon routed. The right and left Flanks of those who were first formed were thus exposed, and the enemy gained such advantage thereby that they overpowered our Troops, and defeated them with the loss of their Field pieces, five in number. The evil did not end here. Greene's division and Nash's Brigade which formed the chief strength of the Centre, were ordered to the right to reinforce the Troops on that wing. By this General Wayne was left to sustain a fierce engagement for an hour & an half against numbers greatly superior, and under a heavy cannonade which the Enemy now received from the Batteries lower down. He and his Troops behaved with exemplary gallantry and after destroying great numbers of the Enemy, retreated without losing their Artillery, or leaving their wounded behind them. Col. Proctor with some artillery was posted on tho right of Wayne, and was attacked by a strong column of the Enemy, who forced their way within pistol shot before our men gave way, and at length they brought off their guins except two whose horses a waggoner had run away with. None of the reinforcements had time to get up so as to engage, except Weedon's Brigade, who checked the Enemy, and very gallantly covered the retreat of the whole army. The Enemy did not dare to pursue, but retired from the field of Battle that night. 622 STATE RECORDS. During this action I had an opportunity of observing that our Troops and inferior officers are exceedingly good, but that our Major Generals ( one only excepted ) are totally inadequate, they were so disconcerted by the unexpected attack of the Enemy, that they knew not what to do but to permit, ( some say to order) a precipitate retreat. Sullivan to complete his blunder made a circuit of two miles, one quarter in the direct road would have brought him to his grounds and he arrived so late that it was preoccupied, but as he was commander in that wing, he insisted on changing his disposition, and while he was attempting it, his Troops which were brought up in great confusion were pressed by the Enemy, and not being able to form into any order fled without resistance. These miscarriages snatched from my hopes the glory of a complete victory, which was certainly in our power, if Sullivan had not by his Folly and misconduct ruined the fortune of the day. Judge, Sir, how disagreeable must be my reflections on this occasion when my sanguine and well founded hopes were at once cut off, not by the superiority of the Enemy, but by so glaring an insufficiency in our officers'? Could the Commander in Chief's ideas be executed I should deem our success certain, but I have the melancholy conviction that his principal officers are incompetent, and I fear it is an evil that can not be remedied. Sullivan was three days posted on the right wing, and furnished with Horse and light Troops for reconnoitering, yet so uninformed was he of the ground, that he knew not even the roads by which the Enemy might march to attack his Flank, and altho' he was warned by the General, that the Enemy would in all likelihood make that movement and was ordered to keep out reconnoitering parties in order to know certainly their force and motives, yet he relied on the information of a countryman who passed along one road while the Enemy were marching on the other. This unfortunate General has ever been the Marplot of our Arlmy, and his miscarriages are I am persuaded owing to a total want of military Genius, and to one of that sort of understandings which is unable to take a full comprehensive view of an object, but employs its activity in subtle senseless refinement. Thus persuaded I thought it my duty to endeavour to have him removed fromn his commnand, and I succeeded so far as to have a resolution passed for recalling him, but General Washington remonstrated agairnst it at so critical a time, STATE RECORDS. 623 and the execution is now left to his discretion. In a word, Sir, so long as our Army is conducted by such officers, I shall not be very sanguine in my expectations of success, however I shall hope for the best, and as our Army is composed of good Troops, & in general of good officers from the Major Generals downwards and under the auspicious command of General Washington,-I shall keep up my expectations until I know the issue of another Battle. Our loss was not very considerable, tho' I know not the particulars. The Enemy have suffered so much that ever since they have not attempted to advance. General Washington has put his Troops again in order, and has disposed his Army, so as to hang on their flank if they attempt to cross the Schuylkill; I wish we could once bring ourselves to attack them, instead of waiting for them to attack us, we should certainly have the advantages which they now havd over us. Our affairs in the Northern department bear a very promising aspect. General Gates has a formidable army under his command, and was by the last accounts on the point of attacking General Burgoyne. There are certain accounts of a plot of a very extensive nature formed in this State, for blowing up our Magazines, and destroying *our Stores, the particulars are not yet come to light, but the execution is prevented. Captain Caswell is well. I shook hands with him on the field of Battle. I have the honor to be with the greatest respect and esteem your very humble servant. THONMAS BURKE. JOSEPH LEECH TO GOV. CASWELL. [From Executive Letter Book.] NEiSW BERN, Sept. 17th, 1777. DEAR SII:Capt. Bowling in a Schooner bound out for the West Indies, has just returned from the Bar, having had a narrow escape from being taken as there came over Ocracock Bar two Brigs, and came to anchoi in the lower road yesterday morn, they have been cruis 624 STATE RECORDS. ing in company with a Sloop for some time past, close in with the Bar, and between Cape Hatteras and Cape Lookout. They made an attempt a few days before to come in, but one of the Brigs happened to strike on the Bar coming over, and they both went out again. Its very lucky for the Pennsylvania Farmer, that they went. out again as they did, as she must inevitably have fallen into their hands, but the day she got in they happened to be to Leeward of the Bar towards Cape Hatteras, but in sight when the Farmer came in, and I think very fortunate for this Town that the Sturdy Beggar met with the misfortune of having one of her Lighters with provisions shot &c. on board, sank in Adam's Creek, which detained the, Sturdy Beggar in the river,-What makes me think it a lucky circumstance is, that the Enemy's knowing them two vessels the Farmer and Sturdy Beggar being here, may perhaps prevent or discourage them coming directly up to Town, as we are in a very bad situation to prevent them, was it not for those two vessels. I begin to be apprehensive of their being troublesome to us this fall and winter, as the situation of Howe's fleet.is so near us, if something is not done to keep them from laying within our Bar.. If its only them two Brigs, and the Sloop their Consort, we shan't have a single vessel coming in, escape themr and will prevent our getting any further supply of salt or any thing else from the West Indies-there was a vessel Capt. Gibbins came last week intoBeaufort from Providence, with a load of salt, and I have just: heard there is 2 or 3 small vessels more, came in there also, with salt, and also a ten gun Sloop, bound to Baltimore put in there. One of the officers that came in the Sturdy Beggar has just come from the Lighter in Adams' Creek tells me they heard Monday evening and yesterday morning a considerable firing of cannon, which they imagined was across towards Becaufort, so that some of the tender or small vessels might have run in there to cut out those vessels, so that they may probably have a number of small armed vessels on the coast which your Excellency I hope will take into consideration, whether any thing can immediately be done for the protection of Trade, & the securing the stock on the Banks, which they may have an intention of getting to carry off. I have heard that there is one or two armed vessels at or near Edenton, that have been ready for the Sea for some months past, one from there with the Farmer and S. Beggar might be enough to manage 'STATE RECORDS. 625 the Brigs at the bar, and the Sloop also if she has come in, if the Sturdy Beggar can be got, she is well manned already. We should be glad to know what possibly can be done for our present safety, as we are really in an indifferent situation for defence-was it not for the armed vessels being the river we might look for the eneny up to Town every hour. If your Excellency could possibly spare the time to come to Newbern you would be better able to judge what might be most proper to be immediately done. I remain with the greatest esteem your Excellency's most obedient humble servant, JOSEPH LEECH. THOS. BURKE, J. PENN & CORNL. HARNETT TO GOV. CASWELL. [From Executive Letter Book.] PHILADELPHIA, Sept. 17th, 1777. SIR: On the 11th Instant there was a very severe engagement between the armies of Generals Washington & Howe's on the Brandywine twelve miles above Wilmington, the enemy made the attack at 8 o'clock, it lasted with little intermissions until dark. The officers say the fire from the Cannon and small arms was the hottest they ever heard of, they kept the ground, but paid dearly for it, having from the best accounts we have had, lost upwards of 2000 men, one General and several field officers killed and wounded, supposed to be their best men. Our loss is said to be 700 killed and wounded, tho' the greater part of the latter were brought off, only one field officer was killed a Major Bush. The enemy got several pieces of Cannon from us. General. Washington retreated over the Schuylkill, but the next day marched towards the enemy, taking an upper road. He soon got near the place where the late action was, the enemy having been the whole time busily employed in burying their dead, and taking care of their wounded. The armies have been manceuvring for two days, wGe expect there will soon be another action, it is with pleasure we can inform you that our officers and soldiers are in good spirits anxious for an opportunity of obtaining revenge. You will observe from General Washington's letter to Congress, 40 626 STATE RECORDS. / that our losing the ground was owing to some mistake as to intel ligence relating to the movement of the Enemy. Our affairs to the Northward are in a promising situation, General Burgoine has met with such a check as will make him more attentive to effect a retreat to Ticonderoga, than any thing else, as Gen'l Gates has nearly the double of his force & a large body are getting into his rear. General Iowe is making his last effort, if he meets with a defeat, he is undone, as he is a considerable distance from his ships, his situation is truly critical, we hope soon to be able to give your Excellency the agreeable news of the success of the American Arms. The North Carolina Troops were not engaged in the late action. Enclosed are some papers for your amusement, and am with due respect, Sir, your most obedt sert TIOS. BURKE. J. PENN. CORNL. HARNETT. ROBT. ROWAN TO GOV. CASWELL. [From Executive Letter Book.] CRoss CREEK, 18th Sept. 1777. 7MAY IT PLEASE YOUR EXCELLENCY: It gives me no small concern to think that I should be under the disagreeable necessity of troubling your Excellency at this time with the grievances that many of the Inhabitants of this County labour under, from the tyranny, oppression and ignorance of those men who were appointed to rule over us. We have nobody to complain to at present, but to your Excellency and I am well convinced from the humanity of your disposition, and your love of liberty, that you will endeavour to put a stop to the evil conduct of our Militia officers and Justices, for if they proceed in the manner they have gone on lately, it will oblige many of us to leave the Country, and seek protection elsewhere. This, Sir, proceeds from our opposition to a man. (I mean AMr. WVm. IRand) who was scarcely known in the County, till he made himself remarkable by plunldering the poor ignorant Scotch people after their defeat at STATE RECORDS. 627 Moore's Creek. This person, Sir, took most uncommon pains to have himself and friends elected Members of Congress, and contrived matters so that very few would ) e recommended for Justices, but such as he was well assured would give him their interest in the ensuing Court, for the Clerkship. This effected the next step he took, understanding that I had an intention of standing Candidate, still in hopes of strengthening his interest, and prejudicing me in the minds of the people, has falsely and maliciously reported that I had turned Tory, and in order to gain credit which he found some difficulty in, told all the lies his malice could suggest. My friends upon finding Mr. Rand a man of such a disposition were determined on opposing him, to the utmost, but as a large number of those in Commission were under promise of voting for him, there was no other remedy left, to keep him out, but by preventing if possible a majority from qualifying that Court, in hopes against the next of being able to get a favourable alteration in the Comnmission. For this purpose I spoke to John Matthews and Walter Murray, who were both in Commission, not knowing that they had been drawn over by the artifices of Rand, and begged the favour of their interests for the Clerkship, and among some other arguments that I had made use of to prevent their qualifying till the following Court, I told them that by that time, we should be better able to judge how matters were likely to go. I thought this the best argument I could make use of to men, of their cast, having sufficient reason to look upon them as timorous men from their behaviour at the time of the insurrection, for at that time if they favoured either side, it was evidently the Tories, at this time they well knew my motive, for speaking as I did, and am well convinced no further notice would have been taken of it, had I joined with them, and approved of the tyrannical measures they were pursuing. The particular offence I gave, beg leave to lay before your Excellency. There was Conner Donnel taken prisoner, and brought down under guard by Mr. Alston. I was much surprised on enquiry to hear of his being charged with treasonable 'practices, agaihst the State, as from a conversation I had with him some time before, was persuaded he intended taking the oath. However knowing Mr. Alston's position well, I was afraid there was perhaps some private pique or resentment in the case, or that his crime must be very 628 STATE RECORDS. great indeed, being informed that bail was denied him, and that Mr. Alston was determined on seeing him in jail before he left the Town. Upon meeting Mr. Alston I begged to be informed of Mr. Donnel's crime, he did not seem willing to give me much satisfaction as to the particulars, but just told me that if upon examination the Justices should discharge him, he would then upon his own authority put him in close jail, and that he would not Bail him for one hundred thousand pounds. Upon his saying this, I told him, if he did so, he would behave like a Tyrant, which threw him into a violent passion, and on the trial at Wilmington, it plainly appeared that personal resentment and malice governed the conduct of Mr. Alston during the whole prosecution. The day of the General Muster he behaved still more like a Tyrant, tendering the oath to people under arms threatening all those with immediate imprisonment that refused it, or were not able to give security, no respect of persons in this arbitrary manner, Sir, everything is carried on. The Inhabitants of the District of CrossCreek were the only people in the County, who shewed their spirit at the time of danger. Sixty of these people voluntarily turned and joined Col. Moore at Rock Fish, yet those people, Sir, had John Matthews appointed Captain over them without so much as consulting one of them if he would be agreeable. On the day of the General Muster these men refused to act under him and gave for a reason that he hid himself in time of danger, and insisted upon having liberty to choose their officer, with great difficulty it was at last granted; but on the person's refusing to act whom they chose, a second choice was denied them, and Matthews is still Captain, but the men are determined to submit to any fine, rather than obey a man whom they have the greatest reason to look upon as a coward. If your Excellency would only please to interfere in this and allow us the liberty of choosing our Captain and subaltern officers, and ordering us to rank as first Conpany, as undoubtedly we are entitled to it, by what I have just before mentioned, it will be esteemed as the greatest favour. This was also the same Company Sir that I raised as Independants, when we were first threatened by the Scotch, and long tinme before the insurrection, and at a time when no other dare avow themselves. This has been the reason of Matthews enormity and the affidavit which Mr. Alston no doubt shewed your Excellency. I followed him to STATE RECORDS. 629 Wilmingtoin whhere lie was iln hopes the affidavit would injure me, but finding the people there too well acquainted with my principles he carried it off to your Excellency. It was so late bcfoir I was acquainted with Mr. A-lston's designs, that lie was left WXilmington before my arrival, being obliged to snefak off without effecting his wicked purposes. These nmen, Sir, notwithstandilng wha1t they have done, cannot have the least idea of my being a Tory, all my actions give their words the lie. They look upon me as an obstacle to tleir designs, that they will not have it in their power to tyranise over the people in the manner they would wish, while I am in. the least degree of credit with them. They know that I abhor tyranny in every shape, and therefore are determined to strike at me, and all those that I have any influence with. This is evident, they have attempted it already, and marked me and all my friends as Tories-(I would munch rather at this time be called a Horse thief.) The behaviour of these men last Court was truly arbitrary, they paid not the least regard to the Act of Assembly, but summoned the people indiscriminately before them, those few indeed who had been most forward in the cause of liberty, were particularly pointed at, because many of them were friends of mine. Those that refused taking the State oath, were not bounld in security to leave the country in 60 days agreeably to the Act of Assembly, but were compelled to take an oath to leave it. Many of themn would have taken the State oatlh upon a little deliberation, but were tied down by their oath to go away,-thus they had no time for repentance. (ne poor infirm man, seventy years of age, that many years had laid by the profits of a few potatoes, Turnips, Greens &c(. was compelled to take this oath or go to jail, another poor mnan, from one of the back counties had his loaded wagon carrying holne salt to relieve his family, brought back a dozen miles and the owner thrown into jail for saying he would not take the oath here, but in his own County. In short, Sir, it would tire your paticnce were I to give you. a full detail of the belhaviour of our worthy Justices. AIMr. Alston seems to rule tl:he all, and a greater tyrant is not upon earth according to his power, and it is nmuchl to be lamented, that about two or three years ago, no Gentleman that hlad the least regard for his character would have kept this hectoring, domineering, person company. I can assure your Excellency, we have not the shadow of liberty 630 STATE RECORDS. among us. The great object we are contending for, at the expence of our blood, our ruling men have at present lost sight of-I am not apt to complain the trouble that may ensue has wrung from me, I perhaps may have it in my power to defend myself from their attempts. Our jail in the hottest of the weather was crowded with miserable objects, several ill with the flux, lail denied themtheir crime no more than some ungarded words spoke in the heat of liquor-poor wretches unworthy of the least notice. It is not out of any personal pique or resentment to these men, Sir, that I have troubled you with this account, it is for the peace and welfare of the County, every thing set forth can prove by undoubted testimony, their insinuations with regard to myself I despise. It is true I can't help thinking I merited better treat-ment. I little thought some time ago, that I should ever be under a necessity of appearing at a Court of Justice to defend myself from a charge of Toryism. I fancy it would be difficult to find many people in my situation, that exerted themselves more in the defence of the Country, but I have never made a merit of it, in doing my utmost, I only did mry duty, and am ready to do it again, when there may be occasion, I am only unhappy to live to be trampled upon by those that did nothing. Before I conclude, beg leave to mention some circu.mstances that will induce your Excellency to be of opinion that tiese men I hlave mentioned to wit, Alston, Murray and Matthews, could not in their hearts think me an enemy to the American cause, notwithstanding what they have asserted to the contrary, you must know, Sir, that some weeks ago, we had information of a Mob being on their way to this place to carry off the salt at their own prices. The Inhabitants sent me word that if I would head them, they would endeavour to defend it, accordingly we got together, upwards of thirty persons armed, met the Mob, about 130 persons which we made )prisoners of. I then info)rmed them that they were worse than Tories, and that unless they took the State oath and paid the custonmary price, not a man should touch a grain of salt, su.ch was the case not a man got a grain, but those who took the oath, Matthews and Murray were both present, and this was a considerable time after I had begged of thelm not to qualify —I also at the Court took the oath to encourage others, and make it appear that I have advised many people in this County to take the oath & be subjects to the STATE ItECORDS. 631 State-and I am at the defiance of ally man to prove that in any circumstance, I have acted in the least degree like an enemy to the Country. I owe almost my all to it. My children are natives of it, and I am determined to stand up in defence of it, to the last drop of my blood-That your Excellency may long enjoy the Government of this State in peace and tranquility is the warmest wish of your Excellency's most obedient and devoted servant, ROBT. ROWAN. ~ DR. THOS. BURKE TO GOV. CASWELL. [From Executive Letter Book.] BURLINGTON, Sept. 20th, 1777. Dr SIR:By the same opportunity which this goes, you will I hope receive a letter from me, in which I gave you a pretty circumstantial account of a very important action which happened on the eleventh instant, on the Ieights near Brandywine Creek. Ever since we have been in constant expectation of another general engagement, and not free from tie apprehensions from the consequence. I for my own part would be at ease could I confide in the abilities of our Superior General officers, for I had ample proof that our Troops are very good. The question for adjournment from Philadelphia was daily agitated in Congress, but always overruled. On the night before last it received.a complete decision-Intelligence was received from the General officer commanding on Schuylkill that the Enemy were then attempting to cross, and that they could not be preventeld, and advising the Congress immediately to remove from the City. The movement was made not by a vote, but by universal consent, for every member consulted his own particular safety. I was wakened by a servant about two o'clock, and tho' I lost no time in preparing to depart, yet I did not choose to retreat with precipitation. I was not indeed fully persuaded of the necessity of the measure, and not very apprehensive for my personal safety. About sunrise I crossed the Delaware, and made my retreat hither where I shall wait the issue of the Battle. It is now well 632 STATE RECOR1DS. known that the alarm was groundless. No Enemy has yet passed, nor does it appear that they will be able to pass. I have the Honor to be Sir your very obedt Servt., THOS. BURKE. PETER & DANIEL MALLETT TO GOV. CASWELL. [From Executive Letter Book.] CRoss (CREE,]Jc, 20th September, 1777. SI1n: Your Excellency will greatly oblige us by giving us an order on /i tlhe Treasurer for the sum of two thousand pounds, proc. For which sum we shall be accountable when we settle with the Council, said sum not being near the balance due us by the State for Provisions supplied the Troops since the 6t' of January last which was the time of last settlement. Without we can obtain the above order we cannot receive the money from the Treasurer. We have made large contracts for provisions for the Troops, and unless we can be supplied with money from the Treasurers, we shall be under the disagreeable necessity of making sale of what provisions we have on hand in order to make good our agreemnents. We doubt not but that your Excellency will take this matter into consideration, and order the above sum to be paid toYour Excellency's most obed Servants, PETER & DANIEL MALLETT. SPYERS SINGLETON, JAS. PARRATT, JOHN EASTON, AND OTHERS, TO GOV. CASWELL. [From Executive Letter Book.] BEAUFORT, Sept. 20th, 1777. SIR:We beg leave to lay before your Excellency the critical situation of this place, and the damages that may accrue to this State, as well as the cause in general, for want of a few pieces of Ordnance placed at this Inlet. We presume with three or four 6 or 4 pound STATE PRECORDS. 633 ers, we could secure the inlet from the attempts on Trader. The whole of the Trade was carried on to South Carolina from this State, and Virginia, supplying our Army with abundance of real necessaries as the vessels come in here, and pass the Sound to the South Key,-we also have numbers of vessels that fall in here from the West Indies, with very valuable cargoes, which may be conveyed almost to all parts of this State, at a small expense and safety. We every day expect a visit from the enemy, as they have already done considerable damage at Ocracock, by taking away a Blig, and running ashore a Sloop, loaded with salt. The above considerations we humbly submit to your Excellency, and are with the most sincere esteem and regard, your Excellency's most Obdt I-bl~. Seirvts., SPYERS SINGLETON. JAMES PA'RRATT. RD. BLACKLEDGE. JOHN EASTON. ENOCH WARD. WILLIAM BOWEN. JOHN JONES. JAMES BUCHANAN TO GOV. CASWELL. [From Executive Letter Book.] WINDSOR, B3ERTIE COUNTY 22d Sept. 1777. SIR: Enclosed is three certificates from the Clerk of our County Court, certifying that the Revd. Mr. Francis Johnston, Mr. Robert Lenox, and myself, have given bond and security, to depart the State in sixty days from the date, having refused to take the oath prescribed by this State. The purport of this is, to request your Excellency to grant us a pass, in order to prevent us from being molested, while in the Country, and also if possible to hinder American cruisers, from making a prize of us on our passage to the West Indies, having no commodities on board, but what we are permitted to carry out by the laws, of this State. In case it should be necessary, I have 634 STATE RECORDS. subjoined a manifest of Cargo, on board my small Brigantine & remain Respectfully Sir your very huml Servt. JAMES BUCHANAN. The Honorable Richard Caswell. Manifest of Cargo on board the Brigantine Tryal, Peter Murry Master. Bound for Saint Croix10 Hogshead Staves. 5 Hhds Tobacco. Burthen about 35 or 40 Tons.. I Lnd Leading & a bundle of Deer skins. ME. HILLEGAS TO GOV. CASWELL. [From Executive Letter Book.] READING, Sept. 24t", 1777. SI:I have the honor & favour of Capt. Cosmo Medici by directions of the Honble the Treasury Board of sending you the following Contl. Loan office certificates, which you will please deliver to the Commiss'r of the Continental Loan office in your State, requesting at the same time you will please to give the said Medici duplicate receipts for his having delivered them to you, one of which he will transmit or bring me, when you deliver them to your Commissioner please get him to do the same to you. I should not thus be troublesome if I knew who your Commissioner was, but would send to him inmmlediately. I anm Sir with much esteem and regard k toyour most obedt Servt., NME. IIILLEGAS. Coin & Treasr. Inclusive 100 of 1000 dollis to be numbd 106 A 205 100,000. 162.600 176 a 337 97,200. 247 a 500 245 a 491 123,500. 325 400 321 a 675 130,000. 325 300 - 351 a 675 97,500. 508 200 616 a 1124 101,800. 650,000. STATE RECORDS. 635 THOS. HEND)ERSON TO GOV. CASWELL. [From Executive Letter Book.] GIRANVILLE, 25t" Sept. 1777. MAY. IT PLEASE YOUR EXCELLENCY: SIR:My brother John, waits on your Excellency for two dozen AMarriage Licences, and as many letters Testamentary for the use of the Guilford Office. I am your Exellency's most Dutiful & very TIble Servt, THOS. HENDERSON. LT. COV. JOHN PAGE, OF VA., TO GOV. CASWELL. [From Executive Letter Book.] IN COUNCIL WMSBURG, Sept. 26t', 1777. SIR: The Board having received information that the Ocracock Inlet has been blocked up, by some of the Enemy's small Cruisers and Tenders, and it being suggested that if the Gallies, which were directed to be built and fitted out at the joint expense of North Carolina and Virginia, or even any one of them, could be expeditiously equipped, that important pass might be easily opened to the great advantage of these States, and possibly to the disgrace and destruction of that part of the Enemy's Fleet.-It is therefore hoped that your Excellency will give such orders in this matter, as may appear to you most likely to produce the desirable purposes just mentioned. We have desired Chapion Francis Esquire, one of the Commissioners of the Navy to examine into the State of the Gallies at the South Quay, & to give directions for the immediate Execution of what may be wanting in our part, that we may be able as soon as possible to cooperate with your State in the most vigorous manner, for our' mutual defence. I cannot refrain from acknowlpdging the obligations I think the State is under to you Sir, for the orders you issued for one third of your Militia to hold themselves in readiness to march to our assistance on the late alarming occasion, and to the good people of North Carolina for 636 STATE RECORDS. the readiness they have always showed to assist us. May an affectionate mutual attachment between Carolina and Virginia ever increase, to the IHonor and security of the United States in general, and of these contiguous sister States in particular. Last Tuesday evening the whole of the Enemy's Fleet, which had gone up the Bay, went out of our Capes. We have received no authentic accounts, but from the best that can be collected, we lost 6 or 8 hundred men-& the enemy near 2000 in the action on the 11th instant. General Washington has received Rieinforcements and IHowe has retired, from the Head of Brandywine to Wilmington. I have enclosed you the papers of the week for your further information, and have the Ionor to be with the highest respect Sir, your most obed. Servt. JOHN PAGE. CORN'L HARNETT TO GOV. CASWELL. [From Executive Letter Book.] LANCASTER, Sept. 27th, 1777. SI: — I did myself the Ionor of writing your Excellency a few days ago from Philadelphia, since which Congress have been obliged to Decamp. Gen' Howe having by many different manouvers got between our Army and the City, and aan when he pleases take possession of it. But it seems his intention to come to another Battle with our Army first. Gen' Washington will in a day or two be reinforced with 1500 Regulars, under Gen' MAIDugal from Peekskill, and 2000 Virginians, and we hope will be able to be circumvent H-owe's schemes, should he meet with a severe check now his situation will be rendered uneasy to him, if he is not entirely ruined. General Gates' Army to the Northward is very strong, and we have every reason hourly to expect good news from that Quarter. It is thought Gen' Burgoine must fight or retire, either of which must put an end for some time to further hostilities in that Quarter we.hope. Congress intends to proceed to business this day. I can send your Excel STATE RECORDS. 637 lency no Newspapers as yet. Messrs Burke and Penn are neither of them arrived, I expect them to-day, I am with great regard, your Excellency's most Obedt hum1 Servt, CORN'L HARNETT. ELIAS HOELL TO GOV. CASWELL. [From Executive Letter Book.] BEAUFORT COUNTY WASHINGTON, Sept 30th, 1777. SIR: Enclosed, I present your Excellency with the Ensign's Commission which I obtained when the Convention sat last at Newbern, and which I should have thought myself highly honored still to have retained, had it not been for particular reasons, which renders it highly impracticable for me to continue, especially at this time in the service of the United States. But your Excellency may depend on the most implicit obedience whenever the safety of the States shall demand it. I am and will ever continue a sincere friend to the States, as well as your Excellency's most obedt Humle Servt.,.ELIAS ItOELL. JOS. BLOUNT, ROB. SMITH, & CHAS. BONFIELD TO GOV. CASWELL. [From Executive Letter Book.] EDENTON, 30th Sept. 1777. SIn:It now from the following circumstances becomes our duty to inform your Excellency that the Prisoner under the condemnation of death and reprieved by your Excellency and your Council 'till the meeting of the next General Assembly, as well as many others now confined in our jail charged with criminal offences, many of them have been found guilty by the grand Jury for this District, of Misprison of Treason, who from the ill repair the said jail is now in and the impossibility of naking it at any rate safe, without a Guard may with the utmost ease make their escape, at what ever 638 STATE RECORDS. time they please, and bid defiance to the Laws they have violated by the determination and verdict of their Country. Our County and Town have hitherto guarded the jail and M.agasine which the commanding officer in concert with them thought necessary, never doubting but the charge would be made a general one, as equally interesting to the whole State. But as some Reports have lately prevailed that the charges already due and arisen for keeping a guard for the purposes before mentioned, will not be allowed without a sanction friom your Excellency and Council, the guard refused to do any further duty, and the Magasine which is of the utmost consequence, as well as the jail, are now for want of a Guard exposed to the bal designs of any Villain. TWe conceive by the Constitution you have full power of and the ordering the Militia vested in you, we think it proper to desire of your Excellency that you would with the advice of your Council, give orders to the commanding officer of the Militia to order such a guard to be kept as he may think sufficient for the preservation of the Magasine & the safe keeping the jail, and we do assure your Excellency that the stores at present in the Magasine in this Town are of too much consequence to be neglected. We are your Excellency's most obt Servts. JOS. BLOUNT. ROB SMITH. CHAS. BONFIELD. HON. C. HARNETT TO GOV. CASWELL. [From Executive Letter Book.] YORKTOWN PENNSYLVANIA Sept. 30th 1777. DEAR SIR: I take the liberty to inform your Excellency that Congress have at last fixed themselves in this Town, where they in all probability will remain for some time. An express has this day been received from Gen' Gates, who informs Congress of an action which happened on the 19"' Instant, within three miles of Stillwater, between our Army under his command and that of the Enemy under Gen' Burgoyne. It continued several hours, but higlht put a stop to it. Both Armies retreated to their Encarmpments leaving the field to be again disputed on another day. The left wing of our Army STATE RECORDS. 639 only was engaged against the whole of the British and most of the Foreign Troops, a heavy and brisk fire was kept up on both sides. We had 2 Lieut-Coll's, 3 Captains, 3 Subs, 2 Sergeants, 2 drummers and Phifers, and 51 rank and file killed. Several officers and 180 odd wounded. The Enemy's loss was very considerable, supposed to be at least 1200 killed and wounded. It is said by Prisoners and Deserters that'Gen' Burgoin received a wound in his shoulder, his situation is so very critical that we have the most sanguine expectation of hearing in a few days of his meeting with a total defeat. Gen' Lincoln has taken by a party sent from his Army on Lake George and Lake Charnplaine, upwards of 200 prisoners with their arms, and released 100 of our men who were prisoners in that Quarter, and it is supposed a successfi:ul attack will be made on Ticonderoga very soon. I wish I had it in my power to give your Excellency as pleasing an account of our affairs in this Quarter. Gen1 Iowe is, or can be in the possession of Philadelphia whenl he pleases. Gen' Washington's Army are upon Schuylkill, between Reading & Philadelphia. A reinforcement of 1500 Regulars under Geni' [PDugal has joined him, and upwards of 2000 Virginians are on their march for the same purpose, and it is believed Gen' Washington will march to Philadelphia, or near it, and that another general Battle will be fought in a few days. The Enemy are not as yet in the possession of the River. Our Troops and armed Vessels intend to defend the Fort to the last extremity. A firing was heard on Saturday last, which continued some hours, supposed to be between some of the Enemy's ships and the Fort. The particulars have not as yet been received by Congress. I should be very happy to receive a line from you as often as you can find leisure. Messrs Burke and Penn are not yet arrived, but I expect them every hour. I am with great respect your Excellency's most Obt humln Servt., CORN'L HARNETT. 640 STATE RECORDS. EDWARD INGRAHAM TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, 1St October, 1777. SIR:By order of Capt. Forster I have/for some time past kept a Rendezvous in order to enlist men for the Washington. She is now full manned, and am anxious to know how said Rendezvous is tb be paid off. I have applied to the agent, who tells me he is also at a loss. I would therefore intreat your directions, as I am now under sailing orders, & at a loss how to proceed, and should be glad to have a list of the officers pay. I am Sir with respect Your Obt Hum Servt., EDWD IN GRAHAM. SAML. JOHNSTON TO GOV. CASWELL. [From Executive Letter Book.] IHAYES 1st October, 1777. DEAR S I:The Bearer Mr. Alexander Black, waits on your Excellency to procure a safe conduct for himself and some others, who are about to leave this State under the late Act of Assembly. I take the liberty to recommend them to your Excellency as men of fair character and inoffensive in their conduct, and therefore hope to experience your wonted candour and humanity in expediting the necessary passports. I found myself under a necessity of declining to act as Judge of the Court of Oyer. All the Bar concurred in my opinion. Enclosed are the last papers. I would have wished to have sent you more particular accounts, but none such are come to hand,, which makes me fear there is nothing good for us. I tremble for Philadelphia. I hope to hear by the return of the bearer, that you & your family are perfectly recovered, be pleased to present my most respectful compliments to Mrs. Caswell, and believe me with the greatest respect and esteem, Sir, your Excellency's most Obt Servant, SAMIL JOIIHNSTON. STATE RECORDS. 641 WM. BORDEN TO THE COUNCIL & GOV. CASWELL. [From Executive Letter Book.] October 2d, 1777. RESPECTED FRIENDS, TO GOVERNOR AND COUNCIL: — After kind and hearty respects to you all, be pleased to order your Commissioners of the salt works at Core's Sound, to deliver me a little salt for the use of the Company there, as they are obliged to live mostly upon fresh provisions, they cannot do without salt. It has taken considerable to serve them already, and I expect it will take a great deal more, in so doing you will greatly oblige your assured friend. WILLIAM BORDEN. Please set a price on the salt. P. S. If the Governor & Council with the Assembly should think proper to take the salt works when offered to you, as I understand it is intended to be, and shall want a man to undertake to carry it on for the public, I offer myself to serve you, in that case believing myself to be quite capable to carry them on. Living very handy and quite convenient for that purpose. To conclude. Your assured friend, WILLIAM BORDEN. HON. J. PENN TO GOV. CASWELL. [From Executive Letter Book.] YORI TOWN, (Pa.) October 5t", 1777. SIR:Your favour of the 2' September, I this minute received and am glad to hear that the money, tho' very late has arrived. The Congress left Philadelphia about the 20th and are now at this place doing business. Our Military affairs have taken an unexpected turn, Genl. Howe is in possession of Philadelphia, without a second battle, this in some measure has been owing to very great rains, that happened on the instant of the armies engaging, as our soldiers are without Tents, the baggage having been sent some distance. Their Guns and Powder were so wet that Genl. Washington was 41 642 STATE RECORDS. obliged to retire some distance to refit, and get other powder, &c. I understand that Genl. Howe has not suffered his Troops to march into the City, and has done little violence as yet to any of the Inhabitants. Genl. Washington's Army is greatly reinforced by the M/ilitia from Virginia and the Jersies, so that I expect it will not be long before he attacks the Enemy. I am not able to give you an account whfether the Enemy or we are in possession of the Delaware, not having heard for several days. Genl. Burgoyne and his army are in a situation very critical, he having lately met with a repulse in an attack on Genl. Gates, who has upwards of 9000 men with him, and 6 or 7000 behind Burgoyne under the command of Genl. Lincoln. We have taken the greater part of the Enemy's water craft, and are in possession of the lines near Ticonderoga, so that we expect that Fort is in our possession again, as it was besieged more than ten days ago. It is said that Burgoyne has not more than 6 or 7000 soldiers with him. The Indians have all declared on our side, and of course left him. Should we be able to destroy that army Genl. HIowe must retire to New York, or run a very great risk of suffering that place to fall into our hands, as he cannot keep that and Philadelphia without the assistance of Burgoyne. The Inhabitants of this State are much decided in their sentiments, they are all Tories, the way that Genl. Iowe marched. They wish him success but have not courage to join his army. I was lately at Camp, when your son was well. I am in hopes soon to be able to give you a more pleasing account of our affairs here. ' I shall apply to Congress to give some directions relative to the Pork you mentioned, to morrow. I am with due respect, Sir, Your Obt Scrvt., J. PENN. COPY OF GENL. WASHINGTONiS LETTER. [From Executive Letter Book. ] CAr1 AT PENNIBAKEER MILL 5th October 1777. SI: Having received intelligence thro' two intercepted letters, that Gen' Howe had detached a part of his force for the purpose of STATE RECORDS. 643 reducing:Billing's.Fort, and the Forts on Delaware. I conmmunicated the accounts to my General officers, who were unanimously of the opinion that a favorable opportunity offered to make an attack upon the Troops, which were at or near Germantown. It was accordingly agreed that it should take place yesterday morniing, and the following dispositions.were made-The Divisions of Sullivan and Wayne flanked by Conway's Brigade were to enter the Town by the way of Chesnut Hill, while Gen' Armstrong with the Pennsylvania Militia should fall down by the Mlanatawny road by Vandaring's Mill, and get upon the Enemy's left and rear. The divisions of Green and Stephens flanked by M/cDouaalls Brigade were to enter by taking a circuit by way of the Lime Kiln road at the Market House, and to attack their right wing, and the Militia of Maryland and Jersey, under Gen'8 Smallwood and Foreman were to march by the old York road and fall upon the rear of their right. Lord Sterling with Nash and Maxwell's Brigade was to form a Corps-de-Reserve. We marched about 7 o'clock the preceding evening, and Genrj Sullivan's advance party drawn from Conway's Brigade attacked the Picket at Mount Airy on Mrs. Allen's house about sunrise the next morning which presently gave way, and his Main body consisting of the right wing following soon engaged the Light Infantry and other Troops encamped near the Picket which they forced from their Ground leaving their baggage. They retreated a considerable distance having previously thrown a party in Mr. Chew's house, who were in a situation not to be easily forced, and had it in their power from the windows to give us no small annoyance, and in a great measure to obstruct our advance. The attack from our left Column under Gen. Green began about I of an hour after that upon our right, and was for some time equally successful, but I cannot enter upon the particulars of what happened in t.hat quarter, as I am not informed of them with sufficient certainty & precision. The morning was extremely foggy, which prevented our improving the advantage we gained as well as we should otherwise have done- this circumstance by concealing from us the true situation of the enemy obliged us to act with more caution and less expedition than we could have wished, and gave the enemy time to recover from the effects of our first impression, and what was still more unfortunate, it served to keep our different parties in ignorance of each others movements, and hindered their 644 STATE RECORDS. acting in concert. It also occasioned them to mistake one another for the enemy, which I believe more than any thing else contributed to the misfortune which ensued. In the midst of the most promising appearances, when every thing gave the most flattering hopes of victory, the Troops began suddenly to retreat and entirely left the field in spite of every effort that could be made to rally them. Upon the whole, it may be said the day was rather unfortunate than injurious. We sustained no material loss of men, and brought off all our Artillery except one piece which was dismounted. The Enemy are nothing better for the event, and our Troops, who are not in the least dispirited by it, have gained what all young Troops gain by being in action. We have had, however several valuable officers killed and wounded, particularly the latter. Gen. Nash was among the latter, and his life is despaired of. As soon as it is possible to obtain a return of our loss, I will transmit it. In justice to Gern. Sullivan and the whole right wing of the army, whose conduct I had an opportunity of observing as they acted immediately under my eye, I have the pleasure to inform you, that both officers and men behaved with a degree of gallantry that did them the highest honor. I have the Honor to be with the greatest respect, &c. G. WASIINGTON. P. S.-As I have observed, I have not received a return of our loss but from what Gen. Green informs me, I fear it is more considerable than I at first apprehended it to be. The Cannon mentioned above is said to have been brought off in a wagon. To Iton. John Iancock, Esq. HON. J. PENN TO GOV. CASWELL [From Executive Letter Book.] SUNDAY MIORNING, October 6t', 1777. DEAR SIR:This minute we had an Express from HIead Quarters and are informed that General Washington had harangued his Army, who promised to follow him where he pleased, the express says the Soldiers are in high spirits, and that the General has promised them the plunder &c. of the Tories in the City for two days if they STATE RECORDS. 645 defeat Howe's Army, and that the General is determined to attack Howe, who is in the City. I do not mention this as a fact, but it seems to be generally believed here. You will observe from Howe's proclamation that he thinks he has ruined us by refusing to continue his days of grace, no more pardons to be granted. I hope soon to write your Excellency something that will be worth reading. I am with respect, Sir, your obt Servt., J. PENN. This in haste in the street. CAPT. BENJAMIN STEDMAN TO GOV. 6ASWELL. [From Executive Letter Book.] BATHr 8th October 1777. SIR:According to orders received from your Excellency for recruiting in the fifth Battalion of this State, I am very sorry that its not in my power to send your Excellency a much greater return of our success, than I am here obliged make, three officers have got only three new recruits, its almost impossible to get any one to enlist, as the Gentlemen of the MIilitia are giving fifty, sixty, somre more, dollars for each soldier, that will go for them, and that the others will not 'list for thirty, when say they can get a hundred tho' I am still in hopes by the capitulation of the other officers that we shall get some few more. Sir I shall beg leave to acquaint you that I have three or four of our men left sick, one of which I believe will never do for a marching soldier as his leg is very bad and have been so twelve months past. I should be glad to have your advice on him, I also beg leave to acquaint your Excellency there is one John Kenneday a soldier, belonging to the 5th now in Kingston, in Col. Sheppard's Battalion, who I understand has acquainted you he enlisted for six months only-I myself enlisted him for two and a half years and he has deserted this thirteen or fourteen months. Any commands your Excellency has for me or any officer of the 5th Battalion shall most gladly obey-I am with all due respect your Excellency's most obedient and very humble servant. BENJAMIN STEDMAN. 646 STATE RECOIRDS. WILLIAM TODD & WILL WILLIAMSON TO GOV. CASWELL. [ From Executive Letter Book.] MAY IT PLEASE YOUR EXCELLENCY SIR:We arc extremely sorry that we are under the necessity of troubling you again about our situation. Nothing but the distress we are reduced to, and a firmi reliance on your Excellency's humanity and benevolence could have induced us to do it. Altho' it is our misfortune to differ in opinion with the people in this Country, yet none of us (subscribers to this letter) have ever done any thing either to prejudice or interrupt the success of the cause for which they contend. After refusing the oath of allegiance to the State, we used our utmost endeavours to leave it, but after all our efforts, and considerable expense we found it impossible to get away, before the expiration of the Term limited by the Assembly. We therefore waited upon your Excellency when you was so good as to grant us your protection, which we deemed perfectly sufficient to screen us from any ill usage or imprisonment, 'till such time as your Excellency had an opportunity of calling the Council. When we were at Newbern we also agreed with Mastr. HIamilton for our passage to the West Indies, conceiving that a necessary step in order to prevent our breach of the oath we had given to depart the State as soon as possible, which was the mode-adopted by the Magistrates of this County at the last Court, in lieu of requiring security from the Delinquents as ordered by the Assermbly. We therefore depending on your Excellency's protection, and anxious to see our wives and our children once more before we left them, returned to this County, where we remained but a few days, before the Magistrates thought proper to confine us in jail. This step entirely puts it out of our power to leave the Country by Mr. Hamilton, as we intended, and as there is no appearance of another opportunity, & some of us are but scarce of money, and are liable to forfeit the amount of our passage with him,, we beg and hope that your Excellency will be pleased to take such steps as will enable us to go with that vessel. We have already offered to give the Magistrates of this County, security for our departing the STATE RECORDS. 647 State, with Mr. Hamilton, but they insist on our appearance at the ensuing Court, which unfortunately, happens too late for that opportunity, so that Cwe have no hope or dependence but on your Excellency's clemency and power, which we beg you would be pleased to exert in our behalf, and the obligation shall ever gratefully be acknowledged by your Excellency's most Obdt. & humble Servts. WILL WILLIAMSON. Cumberland Jail WILLIAM TODD. 8th Oct. 1777. HON. C. HARNETT TO GOV. CASWELL. [From Executive Letter Book.] YoRK TOWN PENNSYLVANIA Oct. 10th, 1777. SIR - I had the honor of receiving your favour of the second of September, two days ago, and I am surprised you have not received four other of my letters since the 11th of August. I fear there is little dependence on our Post office for the safe conveyance of intelligence. Since mine, soon after the Battle of the Brandywine nothing happened material in the movements of Gen'l Washington's Army, until the 4th Instant when he attacked the Enemy early in the morning. The particulars you have enclosed in an abstract from the General's letter to Congress. Poor General Nash is since dead of his wound, his thigh being shattered by a Cannon Ball, we lost several other brave officers and many wounded, the latter were all brought off the field. The Enemy as appears from a deserter had Gen'l Agnew Col. Bird & Col. Walcot killed, with several other officers. Also Gen'l Sir William Erskine wounded in the head & ancle, it is said mortally. The whole loss of the Enemy by several accounts amount to about 800 killed and wounded. I forwarded your letter to Capt. Caswell by express. Our President enclosed it in his letter to the Generals. I have not the least doubt of his having come off unhurt. God send it may be so. It gives me pleasure to hear Col. Sheppard's Battalion is in such forwardness, and hope they may arrive here in time to be service 648 STATE RECORDS. able. Our affairs to the No'ward wear a very promising aspect, since the late drawn Battle in that Quarter, of which some time ago I gave you information. It is firmly believed Gen1 Burgoyne must meet with inevitable ruin. It is imagined Gen' Washington intends very soon another attack on the Enemy's Army-he has since that of the 4th Instant been reinforced by a large body from Virginia and Peckskiln. I am rejoiced to hear the Tories have been prevented from carrying their infernal plan into executionI hope decisive measures will be adopted to bring the Ring-leaders to punishment. Congress have once more began to think of confederation, I could wish to know the sentiments of our General Assembly upon some Capital points. The method of voting by States was yesterday determined, viz, that each State should have one vote, no colony against it but Virginia. The grand point of settling the Quota of Taxes each State is to pay, comes on this afternoon. Three proposals have been made, one to tax by the Poll, another to assess the value of the Lands, and the other to assess property in general. The latter at present I think most equitable, should the Confederation be agreed upon iMr. Penn and myself will embrace the earliest opportunity of transmitting it to your Excellency, to be laid before the General Assembly. The Delegates of the several States are exceedingly anxious to finish this business, many assert that the very Salvation of these States depend upon it; and that none of the European powers will publicly acknowledge them free and independent, until they are confederated. The time of Congress ever since my arrival has been chiefly taken up with army matters. We have as yet no printing press, or Post Office established here, this will be done in a few days. I shall then have it more in my power to communicate to your Excellency every piece of interesting intelligence which comes to hand, at present I can hardly find time to write a letter, Congress sits froml morning 'till night, and Committees till 10 & 11 o'clock. In fact I am almost tired of my troublesome office, and heartily wish to be with my family. I have not time to enlarge, but have the honor to be with respect your Excellency's most obdt & very hunl Servant, CORN'ZL HARNETT. I beg your Excellency will remember me most respectfully to your Council. STATE RECORDS. 649 HON. J. PENN. TO GOV. CASWELL. [From Executive Letter Book.] PENNSYLVANIA YOIK TOWN, Oct. 10th, 1777. SIR:On the 4th Instant about six in the morning General Washington attacked Genl Howe's army in different places, the enemy were surprised and drove every where for three hours. Our Troops behaved with great courage, and to their Honor tho' they passed thro' the enemy's Camp where their Tents were full of Cloth and other things, yet none stopt to plunder, Genl Howe was so alarmed that it is said that Chester was pitched upon as the place for his army to retreat to, but unfortunately at that instant two of our Columns mistook each other for enemies, and both returned in such haste that there was no such thing as rallying the men. This was owing to a very great fog, that lasted until after the Battle which continued until nine o'clock besides there was no air to carry off the smoke of the Guns so that a man could not see 50 yards. The Enemy were astonished at our retreat as they looked upon every thing as lost with them, they give Gen1 Washington great credit for the manner of his attack as they often tried but never could once flank us, we brought away all our Cannon and nearly all of our wounded. Poor Genl NSash was killed by a Cannon ball with his horse. Iis Brigade was to act as a Corps-de-Reserve. I believe very few of our Troops were engaged from what I hear, and that our worthy Genl was killed at a great distance by mere accident, he was highly esteemed in the army. It is said Col. Buncombe & Col. Erwin are taken prisoners by being lame, tho' not wounded. Your son I am told is very well indeed. The above are all I can hear of that belonged to North Carolina that suffered. We have no return yet of our killed and wounded, it is supposed to consist of about 700. The accounts given by different persons make the Enemy's loss to be very considerable, they say that near 300 wagon loads of their wounded were sent to the Barracks in Philadelphia, and that G-enl Howe refused to let the Citizens walk on the field before the dead were taken care of. Genl Agnew is dead. Sir William Erskine wounded in the head, supposed to be since dead, 650 STATE RECOIRDS. and a very large number of others killed and wounded. As soon as we get returns, I will transmit them to Carolina. General Washington has had a considerable reinforcement from Virginia, and elsewhere, since the Battle, I hope he will give IHowe another stroke before we lose psssession of the river Delaware, which would ruin him. Our men are in high spirits on finding they can make the Enemiy's best Troops run by attacking them with courage, and are sensible now if they had rallied or not have been surprised in the manner above mrentioned, tlhat Gcnl Howe and his whole army would have been ruined. Our affairs to the 'Northward are in a good way, I hope soon to have it in my power to write you that Burgoyne and his Troops are in our hands. Enclosed is a letter from Buchanan, Commissary Genl, relative to the Pork you mentioned. Please inform Mr. Nash that I will cndeavour to have proper care taken of the Genl's effects for the benefit of his family. I wrote in a very great hurry to him two days ago yesterday requesting he would shew you the letter, must now request your Excellency would communicate this to Mr. Nash. I am with due respect, Sir. your Obt Servt., J. PENN. Since writing this letter I am told that Gen' Washington is mnarching towards Plhiladelphia, to give Gen' IHowe another attack, his men are in high spirits, we are still in possession of the River. Miss Lucy Leonard a young lady lately out of the City, says the British officers have long faces, and declare that they have not had such a drubbing since Bunker Iill, that the city appears to be in mourning, the cry of the Tories was that they must leave the Town with Gen' Howe, that all the Hospitals with several empty houses could not contain their wounded, that Gen1s Agnew, Grant, Kniphausen, and Sir William Erskine had died of their wounds. Your son is well, I amn told that Gen' Nash was wounded in the beginning a great way off by accident, as he could not. be seen. A gentleman informs me he was so ill as to make any assistance unnecessary, and that he left him on Monday at the last gasp. I am yours &c. JOIHN PENN. STATE RECORDS. 651 ORDERS FOR BURIAL OF GEN. NASH. HEAD QUARTERS, TOAMEINSING, Oct. 9th 1777. Brigadier General Nash will be interred at 10 o'clock this forenoon, with military honors, at the place where the road where the troops marched on yesterday comes into the great road. All officers, whose circumstances will admit of it, will attend and pay this respect to a brave man who died in defence of his country. GEORGE WASHINGTON. W. BRIMAGE TO GOV. CASWELL. [From Executive Letter Book.] SIR:Shall be obliged to your Excellency for an order to Capt. Anderson, at Ocracock to deliver my Portmanteau &c., which he took from my lodgings into custody, and retains notwithstanding the Justices soon after my coming up to Edenton wrote to him to send them, which he either never received or pays no regard to. Your compliance will greatly oblige Sir your Excellency's very humble Servt., W. BRIMAGE. Westbrooke, Bertie October 10th 1777. COL. ABRA. SHEPPARD TO GOV. CASWELL. [From Executive Letter Book.] CONTENTNEY, the 15th of October 1777. DEAR GovERNOR:I am just from Camp in the Ocaneaches, over Roanoke, and should have been far on my march, but waiting from Monday the sixth of this month 'till yesterday, and not having the good fortune either to see or hear of the Commissary of Stores, and on enq:,iring into the Stores by Col. Long there is neither shoes nor breeches for the soldiers, nor Blankets or stockings. So I thought it most proper to wait on you which I shall do to-morrow, and on some 652 STATE RECORDS. other accounts which I shall communicate when I see you. I saw Col. Harris of South Carolina at I-alifax, who was in the Battle, and acted that day as Aidecamp to General Washington, and I made particular enquiry after your son's health, he told me he was well, and was not called on in the Battle, although he is thought a good & brave young officer by the General. All my men are hearty and in good spirits, and have all pretty well come into Camp. I have been much harrassed for Bread, the Mills being all dry, although we have just kept enough to satisfy them. The bearer Benjamin Crossen who does deliver this came to me at Camp, with some of his friends, who says he is unjustly dealt with as will appear by his papers. I am Sir your most humble servant, ABRA. SHEPPARD. WM. COCKE TO GOV. CASWELL. [ From Executive Letter Book.] October 15th 1777. SIR:The bearer Mr. Walker waits on you with complaints that I was not duly elected Clerk for the District of Washington with some ex-party depositions and letters explanatory. I beg leave to trouble you with a copy of the Court's order as pr enclosed, and shall thank you to excuse the unnecessary trouble, I am giving you which I should have avoided, had I not understood that some Gentlemen have given testimony in order to invalidate the records of a Court of which they are members, and was present when the order issued, as you will see by the copy. I am your most &c. WM. COCKE. His Excellency Richard Caswell. STATE RECORDS. 653 At a Court held for Washington District this 4th Tuesday in August, 1777. Present John Carter Senior, Andrew Green, John MVINabb, Wm Clark, Joseph Wilson, Benjamin Guest, Thos. H. Hanghton, Jacob Wammock, John Chisholm,Wm Bean, George Russell, Chas. Robertson, Zacha. Isbell and John McMason. Genl ordered that William Cocke be appointed Clerk of the Court of the Washington District, he being duly elected and have taken the usual oath for the performance of his duty of his said office. A copy WM. COCKE, C. C. W. D. [From Executive Letter Book.] Dear Bryson, I am all flustration, read the following. KINGSTON 15th, Oct: 1777, 10 o'clock P. M. D' GENERAL. What follows is a copy of a letter from the Chairman of the Committee of the City of Albany to the President of the Council of Safety. I congratulate you on the importance contained therein. ALBANY, 15th Oct. 1777. Last night at 8 o'clock the Capitulation whereby Gen' Burgoyne and the whole army surrendered themselves Prisoners of War, was signed and this morning they are to march out towards the River and Fish Creek with the Honors of the War; and there ground their arms. From thence they are to be marched to the Massachusetts Government. Glorious God be praised for his mercies; I cannot write more. IUGH SMITI. STATE RECORDS. 654 HON. J. PENN TO GOV. CASWELL. [From Executive Letter Book.] YORK TOWN, Oct. 16t" 1777. DEAR SIR:We are this minute informed of a victory obtained by Gen' Gates, over Gen' Burgoyne. We attacked and forced their lines, took 500 prisoners, killed many, got 9 Brass field pieces from 9 to 12 lbs. 330 Tents with their kettles &c. The Enemy retreated in the night, & we are in pursuit of them towards Ticonderoga. Our loss was trifling except Gen's Arnold & Lincoln both wounded in their legs. These were very great officers. In the late Battle between Genls. Washington & Howe, most of the North Carolina Troops were engaged, and behaved well. Col. Martin was arrested for cowardice. I have not heard the event. Gen' Nash died two days after. Col. Polk's son wounded, not bad. I expect there will be another battle soon, Your son is well. I am with due respect, Sir, your Obt Servt., J. PENN. Excuse haste and little paper. JAS. ROBERTSON TO GOV. CASWELL. [From Executive Letter Book.l OCT. 17th day 1777. HOND. SIR: I have just returned from the Cherokee Town & left them, by all appearance in a disposition of peace. I have no apprehension of their breaking out, except they should be influenced by Cameron, who is coming into their Towns. The Great Wa.rior desires application might be made to the State for goods to be sent to their Towns, that might supply them. Cameron wont suffer goods to come to the upper Towns, on Tennessee while they continue in peace with the Americans. The Indians say he makes much diversion of their having Bark Trade with the Ainericans. My opinion could the State supply them with goods, nothing but peace would ensue. STATE RECORDS. 655 The Great Warrior says, he hopes he will have the good news to tell in his Towns, that the Americans can supply his people with goods as well as Cameron. I held a conference with them the 29th of last month, where I was informed that Cameron had wrote them that Lord I-owe was in Philadelphia with his army, and that the Americans must soon give up. But I hope that Little Carpenter, Willinawaugh, and Great Warrior will have better news to tell after their return, for they are appointed to wait on your Excellency, by the rest of the nation. For further particulars beg leave to refer your Excellency to the Delegates from Washington District. I am Sir your most obedient humble servant, JAMES ROBER TSON, Superintendent. CHAS.. MEDLOCK, THOS. WADE, JAM. AULD, HY. WM. HARRINGTON & WM. HUSKE TO GOV. CASWELL. [From Executive Letter Book.] ANSON, October 17t'1 1777. SIR:We are sorry that we are necessitated to acquaint your Excellency that there are many disaffected persons in our County, some of them we have caused to be cited agreeable to the Act of Assembly in that case made and provided, and in consequence of the refused of James Chile, Jacob Williams, William Yaw, William Bennett and Samuel Flake, to take the oath prescribed by the said act and their refusing to give security for their departure to Europe and the West Indies in sixty days, the Court committed them to jail, and have also issued warrants to apprehend a number of other disaffected persons who have been cited for the same purpose, and neglected to appear at Court.-Our jail is much too small to contain those whom we are constrained to commit, and the District jail being still further from the seashore, makes it necessary for us to apply to your Excellency for your immediate instructions how to proceed. We have the honor to be your Excellency's most humble Servts, CHAS. MEDLOCK. THOS. WADE. JAM. AULD. HY WM~I HARRINGTON. WM HUSKE. 656 STATE RECORDS. WM. BUCHANAN TO GOV. CASWELL. [ From Executive Letter Book.l YomK TOWN PENNSYLVANIA, 17th Oct. 1777. SIR:Mr. Penn just now informed me of a quantity of Barreled Pork & Beef for the United States, under directions of your Excellency, which is an article so much wanted in the army, that I think regardless of expenee or risk, the forwarding of it this way ought to be attempted without loss of time. I therefore beg your Excellency will employ a judicious person to push it on in this way, as may be judged most prudent, if through the inland navigation, let advice thereof be given to Col. William Aylett Esq. Depy. Commissary gen' of Purchases, for the Southern Department at Williamsburg, to whom I have wrote on the subject. He will attend to the receiving and forwarding it up the Bay, & whose advice, should he be in time, I would wish to take place through the whole of the business. I have the Honor to be your Excellency's most. obdt & very humble servt. W. BUCHA.NAN Gov. of Pa.. JNO. HAMILTON TO GOV. CASWELL. [From Executive Letter Book.] NEW BERN, October 17th 1777. SIR: I had the pleasure to receive yours, enclosing the Testimonials and Certificates, this morning. My brother and myself return your Excellency our sincere thanks for the favor granted, and flatter ourselves we shall be gone by the time limited by Law expires. By the Bearer have sent more Certificates, in order to procure your Excellencies Passport and beg you may despatch the Bearer as soon as convenient. Seeing some letter &c in the Post office, directed to your Excellency, have taken the liberty to send Bearer,. STATE RECORDS. 657 also one from Cape Fear. Wishing you every felicity, I remain with the utmost esteem Your Excellency's most obdt Hum. Servt., JNO. HAMILTON. B. Mlessrs Telfair iMiller & Co. were taken by the Gen1 IHowe letter of Marque and carried to New York the 1.4t August. No other news. GEN. ALLEN JONES TO GOV. CASWELL. [ From Executive Letter Book.] Oct. 18th, 1777. SIR: Mlr. Benjamin Clifton an Inhabitant of this State as I am well informed, has applied to me for a Certificate, as to Capt. Boon's being legally qualified, I can informn your Excellency that Thos. B:oon is a Captain in the Northampton Regiment, commanded by Col. Win. Eaton & qualified agreeable to the Laws of this State. The above Clifton has been a Schoolmanster in tllis State for several years last past. I am sorry to inform you: that this is not the only instance of such behaviour of the Virginians draugh'ting the Inhabitants of this State. I wish their Government was informed of it, as it really has a very bad tendency. I am with the utmost respect and esteem your most obdt humi Servt., ALLEN JONES. C. HARNETT TO GOV. CASWELL. [From Executive Letter Book.] YoaiK, PENNSYLVANIA, OCT., 20t' 1777. DEAR SIR:I have the honor to enclose to your Excellency an account of the surrender of Gen. Burgoyne and his whole army on the 14th Instant, the particulars are not yet conme to hand, but this account is so well authenticated, that Gen. Washington on receiving the intelligence ordered 13 Cannon to be fired, and tlte Bells in this Town rang for hours. 42 6" 5 8 658 ~~STATE R ECOIIDS. The i wo armnies iiear Ph~l~adelphia were oin Friday last within 7 miles of each other,I and General. action is expected daily. Shoul1d wve be su-ccessful. in this Quarter, we may pronou-,nce I thinki with certainty America Free an d Independent. Y our' Excellency will be pleased to excuse mny not being more particniar at this time. Congress are in highl spirits. En~closed is.a copy, of the accounts received. I ami with great respect and regard, your Excellency's most Obedt. Mi~uil. Servt. CORINL. H-AIZNETT. -No Press here. ANTH.EY WARD) TO CIOY. CA~SWELL. Fromi Executive Letter B~ook.l WIL-AINTGTON, Oct. 20th, 1.777. SI I I juist received youirs of the 29th Septemnber and observe the contenlts, I was informed by Captain St George, when the Election was at New Topsail, for the appointifenlt of the, oflicers it was the op~inion of miany that Capt Kiliby had the most vote, and lie bilnself told me so, in conisequence of thart I filled -up his Commnission as a Captaini,-iBnt in eigh-jt or ten days after Capt Camipbell cam~e to Wilmnington. & disputed the election, but after some, little disi')1lte, they both agreed to appoin~t a day forl a1 neW election, which w\as (accordingly done in the field befo~re thie whole iRegIimemit, and Capt Camrpbel~l got the m..-ost. votesl by six or seven. The above is a tru-e state of what iia1pened the second. Election, foi I -was prescut at the time. But however I have obeyed your Excellency's orders and have griven orders for a new Election, d's soon as I ann acq-.:ua-(-inted whN-lo thie oflicers are that are appointed, I will. senid you. a, return of their namies. I shall be glad your Excellency w\\rill 1 send somne more. Blank Commn's, in to be filled up, a~s the-re were not enuhfor the oflicers thact have been chosen, and there has. been one, more Comnpafny added to the Reginiment sinlce the first Comn'm'r came out. I amr yo-ur mlost olbdt humnl Servt. AINTIIEY WAIRD. I STATE RECORDS. 659 J. PENN & C. HARNETT TO GOV. CASWELL. [From Executive Letter Book.] PENrNSYLVANIA YO:RK Oct. 20t`h 1777. SIrt: Gen1 Washington attacked G-en' Howe's army the 4th Instant near Gerrman Town. The Enemy were surprised and gave way in every quarter, we drove them for three hours, and should undoubtedly have obtained a complete victory, had not two divisions of our Troops mistaken each other for enemies and retreated. Disorder soon took place and it was impossible to rally the men again. Gen'- IIowe was so alarmed that it is confidently asserted he had given, directions to retreat to Chester, had we not saved him the trouble. This misfortune was owing to a great Fog, and no air to carry off the smoke, which prevented a man's seeing fifty yards. Our Soldiers behaved with great resolution (and some pushed Bayonettes) until the mistake happened. General Nash was wounded by a cannon ball early in the engagement, and died two days after, his death is greatly to be lamented, he was highly esteemed by all that knew him. Cols. Buncomb and Irwin were taken prisoners. We have the pleasure to inform you that those of our Countrymen, that were engaged behaved well. The Enemy's loss must have been very considerable as there were it is said, near 300 wagon loads of wounded carried to the Hlospitals in Philadelphia. Genl Howe refused to suffer any of the Inhabitants to walk on the field, until the dead were taken care of. G-en Agnew was killed in the action. Gen' Grant we are told died soon after. Kniphausen and Sir Win. Erskine were wounded. the reports differ whether they are dead or not. Gen' WIaslington has been very busy in preparing every necessary for another attack-which by letters from some of thle officers in his army, we expect will be here every h]our, and as the spirits of our Soldiers are great in conscquence of thleir bhaving discovered that they can make their enemies run, we hope for great tlings. Should Gen' I-Iowe meet with a defeat, he will be ruined, as 'we are still in possession of the river )Delaware. 660 STATE RECOI:DS. We congratulate your Excellency on the great and important success of the army under the command of Gen1 Gates. The account we had from Col Trumble several days ago differed a little from Geni Gates' letter, that with others frolm him, and Gen' Burgoyne's we enclose for your amusement. Yesterday.we were informed by a letter from the Chairman of the. Committee at Albany directed to a friend of his in New York, that Burgoyne and his whole army had surrendered themselves prisoners of war. It is generally believed here, indeed it is nothing more thain what we expected, as that army had very little provision, and were few in number, compared to ours. The Rev. ih'r Drafke has acted such a part as will ever disgrace him, in short he may be said to be the first of villains, we cannlot help suspecting that the letter he wrote to our worthy Genl. must have been dictated by a Howe, the design of the letter was to prevail on the G'en to negotiate Trermns for himself and army. You know Adminiistration hlave tried bribery and corruption, not.hig is. too dirty or imean for the British Court, and those that are employed aga.inst us, however we trust that the day is not far off when we shiall. all be free & happy. The confusion. the different Clerks have been in for somie time, with regard to their books &c. has prevented our getting a copy of thel amlount of such sumns of money as has been received by direction of our State, we will enclose it, as soon as we can possibly get it, to your Excellency. Doctor Burke left us last week when he set out for North Carolina. WAe are witll due respect, Sir, your obdt Servts. J'. PENN CORtN'L HAIRNETT. P.S. iS. ' Drake remalined in Philadelphia, and of course fell into the Enemy's htands. 25th. Burgoyne and his whole army are prisoners, I have seen Gov'r Clinton's letter this morning giving an account of the matter. Gen' HIowe has run away, and recrossed Schuylkill. Our army is in pursuit of the runaways. Our little fleet has kept the river against Lord Itowe, and all he could do. The Roe-Buck and another large ship are rendered unfit for service. The day is ours. JOHN PENN. STATE RECORDS. 661 CAPT. COSMO MEDICI TO GOV. CASWELL. [From Executive Letter Book.] hIIALIFAX, Oct. 21st, 1777. DE.A SII:I arrived in Town last night from the Northward, and having some dispatches for you, take this opportunity of conveying them. Your Excellency will find the purport of the letter from the Continental Treasurer to be concerning the Loan office Certificates, which are in my possession. I should have done myself the Honor of waiting.on you in person, but am much fatigued,. as also my horses, that renders it absolutely necessary, to make a stop here a few days. Tho' should you Sir, think it necessary that the same should be in your hands, you'lll please to let me know by the return of the Bearer. I was in the battle at Brandywine. Our loss dont exceed 700 killed, wounded and taken prisoners.. Capt. Caswell received a slight wound in the hand, but was getting well before I left him in the Camp, he had not time otherwise would have wrote to you, he requested me to inforrm you of his situation. We have lost Poor Gen' Nash in the 13attle-Col. ]uncomb and Lieut. Col. Erwin, both taken prisoners at the same time,-Gen' Nash before he fell was in possession of sixteen pieces of the Enemy's cannon. But by an unlucky mistake in a crowd of smoke, a party commanded by Gen' Washington in person, and Gen' Green's division meeting, both took each other for fresh Troops of the Enemy, retreated, whichl occasioned Gen' Nash and his party to give way and in the retreat he fell. Our loss supposed to be between 600 and 700 mostly taken prisoners. I return to the Northward in a short time, but before I go, shall. do myself the pleasure of waiting on you, and am happy of this opportunity of having the honor of subscribing myself, your most obedient COSMO MIEDICI. 662 STATE RECORDS. COL. A. SHEPPARD TO GOV. CASWELL. I From Executive Letter Book.] IHALIFAX, Oct. 22, 1777. DEAR GOVEuTNORI send you enclosed a copy of a letter from 'Mr. Penn which will give you some information of the late Battle. It is reported here that Cols. LBuncomb and Erwin are taken prisoners, and Gen' Woodford killed. I could hear nothing about your son. It is thought that the brave General Washington will give theimr another blow shortly. I intended to march to-morrow fiom this place, bult it is out of my power to march on, as there is not tents enough nor any shoes or breeches only about 100 pr of Linen Breeches not fit for winter, and about 150 I3lankets wanting, and as the men have been promised every kind of clothing, I know not how to act, as I would. -Our officers and mnen are spirited, would be willing to march anywhere if they were properly clothed for the winter, the IMr. Jones's are much disturbed that we dont mnarch off naked. I wish they would take as much care in providing necessaries for soldiers as they do in their boasting way of talking, it would be better for this State. I shall be at your house on Saturday first of November. I am Sir, your most obedient humble servant, ABRA. SHEPPARD. THOS. McKEAN TO GOV. CASWELL. [From Executive Letter Book.] DovER,, Oct. 23d, 1777. SIR:From our former acquaintance as members of Congress, I beg leave to introduce Lieut.-Col. Forster of Newcastle County to you. He is a Gentleman well known to me, and a steady friend to the United States of America. The death of a brother who resided in the State of North Carolina, occasions his journey thither. Any civilities shown to the Colonel will confer a favor upon your Excellency's most obdt Servt., TIHOS. McKEAN. STATE RECORDS. 663 GOV. CASWELL TO (rOV. HEN RY. [From Executive Letter Book.] NORTH CAROLINA, 23" Oct. 1777. SIR:Application having been made me in the behalf of a certain Benjamin Clifton who is said to be drafted into tile Continental service, in the State of Virginia, when in truth le is an inhabitant of this State, I beg leave to recommend his case to your Excellency's consideration. Ile produced to me a deposition of sundry Certificates by whichl it appears he has been some years an inhabitant of this State, that lie hath been regularly enlisted as a taxable and Militia man, and that in consequence of a late Act of Assembly of this State, he, with another, has procured a man to enlist into the Continental Service thereby to exempt himself and the other person, fronm Military duty during the time the mnan has engaged to serve. I have furnished him with a Testimonial authenticating these papers, in order that he may lay them before you, when I have not a doubt bi:t you will order his discharge from the Draft in the State under your Government. I can not refrain informing your Excellency that this is not the only instance in which Drafts have been made in Virginia of the Inhabitants of this State. I do it Sir, with no other view than to make you acquainted with the circumstance, which I assure myself, you are a Stranger to, and that on this Information the persons alluded to, will have justice done them. I have the honor to be with regard and esteem, Sir, your most obedt, HIumn" Servt., R.' CASWELL. GOV. CASWELL TO PRESIDENT RUTLEDGE, OF S. C. [From Executive Letter Book.] EWIIERN, 25t" October 1777. D)EAR SIR:I received the enclosed intelligence by express, yesterday, and altho 'tis not the most favorable, 'tis suchl as we have; and which I forward to you, suggesting to myself, you wish to know what is 664 664 ~~STATE IIECORDS. 'doing in the Army, and that you. may inot have so early accounts, from. any other quarter, I have the honor to be &c. PR. CASWELL. Excelleoncy Jnlo. IRutledge Esq. P. So. Carolina. MAJOR HARDY M1,URFREE, TO GOV. CASWELL. - [From Executive Letter B~ook.] WINSTON', 25th Get, 1777. II take this opportiunity to acquaint you that Capt. Tarrant is the Commyandilng offlicer of the second North Carolin-a B3attalion inl this State, and have ordered hinyi to make a return to your Excellency thie lO"' of every niiontli, the success of the recruiting officers.of the sai~d Battalion. I have ordered Capt. Benjamnin Willi~ams to the Northward withi me, and shall set oftfi~n two days from thiis. I amn your Excellencly's mno J[Iiinfl Servt., IA lID Y M U1? E'FREE. -N,. B3. 1 have recruited sinjce mny last return 6 men. I-I. M.L TIJOS. WADE TO GOV. CASWELL. [From Executive Letter ]Book.] AN,-'ON, 2,9t Oct. 177-7. Sm. Enclosed I senid you-.r Excellency the Bond of John Smlith, wh.-Io com —plied wi~th yonr directioi-ns, and at Lowvry whfen I wrote you I indu-lged hmto stay at home, til~l the Express sei't y7ou, return-ed. Ever sincle which timie hie has remrain~ed so ill, that hie has not been. able to come to this place, to give 'Bail and take the oath, 10now should lie be able, I shiall sen~d him dow-n. during the sitting' of the Sesssion. I propose befing down during the si~tting of the Assembly if health per-mits. I am' Sir Yonr most himil Servt, THO1S WADE. N. B3. Theo an'~swer to the Court's letter, your Excellency will djrect to the Chairmnan, as I am now sittiiig off a journey. STATE RECORDS. 665 I. JONES TO GOV. CASWELL. [ FROMr EXECUTIVE LETTER BOOK.] 30th October 1777. DEAR SI:Attacks were made the 22nd inst. on Forts Mifflin and Redbank, in both of which the enemy were repulsed. A Battery on Province Island and two upon the bank opposite to Fort Mifflin, thrown up to reclaim the great Mairsh l)elow Province Island, were opened upon the Fort and were suppotted by six ships warped through the Chevaux de frise at Billingsfort. Our Gallies and armed vessels in' the River assisted the Fort, and in conjunction, they kept up so effectual a cannonade upon the ships, as to disable a 64 Gun ship and sloop of war, a small Frigate, and the enemy set them on fire before they quitted. One of the four, that retired, was the Roe-buck greatly damaged. Baron Donop with 1200 men attacked Red bank, and after a short cannonade, marched up with fixed bayonets in two columns. They passed the avetti, entered the ditch, some passed the picket, but were so warmly received, they fell back and fled, leaving Donop, his Brigade Maj., a Capt. Lieut. and upwards of seventy inen wounded and prisoners-one Lient.-Colonel, three Capts, four Lieutenants, and nearly seventy killed, near three hundred nmuskets and a considerable quantity. of cartridge boxes &e, taken. iTWe lost onle Captain, three Serg'ts, one fife, four privates killed. One IEnsign, five Serg'ts, twenty three privates, wounded. The loss in our vessels and Fort Miifflin very in considerable. Yours I. JONES. No letters from GaStes confirming the surrender of Burgoyne:and his Army. HENRY LAURENS TO GOV. CASWELL. [From Executive Letter Book.] YORKTOWN PEN:NSYLIVANIA, 1st NOV. 1777. SIR:The arms of the United States of America having been blessed in the present Campaign with remarkable success, Congress have resolved, to recommend, that one day, Thursday the 18th Decemnber next be set apart to be observed by all the Inhabitants throughout 666 STATE RECOR1DS. these States for a general thanksgiving to Almlighty God. And I have it in command to transmit to you the enclosed extract from the minutes of Congress for that purpose. Your Excellency will be pleased to take the lncessary neasures for carrying the Resolve into effect in the State in which you preside. You will likewise find enclosed a certified Copy of minutes which will shew your Excellency the authority under which I have the honor of addressing ioun; I am with great regard Sir, your Excellency's most obdlt inum Servt., HIENRY LAURENS. His Excellency Gov. Caswell, N. C. In Congress Nov. 1st, 1777. Congress proceeded to the election of a President and the ballots being taken. Mr. Henry Laurens was elected. Extracts from the minutes. CHIAS. THOMAPSON Secy. J. PENN & C. HARNETT rTO GOV. CASWELL. [From Executive Letter Book] YORK TOWN, Nov. 2'1, 1177. SIR:By an express who was going to Williamsburg last week, we informed you of the report that General Brurgoyne and his whole army had surrendered themselves prisoners of War to General Gates. Yesterday Col. Wilkinson arrived here which enables us to enclose you a copy of the articles of Convention, which circumstance we hope will followed by others of equal importance soon. General Clinton with 4 or 5000, fiom the City of York had got possession of Fort Montgomery, and had passed so far up the North River as to burn the little Town of Kigiston. They were within a few miles of Albany. Gen. Burgoyne had twelve days provisions, and in strong ground well fortified, in such a situation, the above was a most fortunate event for us. Gen. Gates is exerting himself against the rest of the British Soldiers in that Quarter. Our Troops are in high spirits having STATE RECORDS. 67 616 7 been successful in every engagem.,ent since the evacuation of Ticonderoga.We have received no account froin General Washington since our last to yout, whielh we expect will be delivered to you before this, as we wrote *to George Wythe Esq. in Williamsbuirg requesting that hie would immnediately send off our letter lby expres s, and that your Excellency would take care to have expense paid. Enclosed is a Resolve of Congress appointing the eigthteenth. day of D~ecember for a General thanksgivin~g throughout the Unite States. In our last we sent a copy of all the m-oney that hias lbeen paid for the use of 'North Carolina, also several. other resolves relating to the recruitingm but-siness. We shall take care to give you thle earliest account of whtatever changes mnay h~appen] in our afflairs. We have no newspapers to enclose for want of a Press being established in this Town, however we expect one, sooni. We are with duie respect, sir your 01)(l Servts. J. P EINN. CORN'L IHARNETT. We hope to get over the, confederation iii a fortnight, we shaill tra-insmit a Copy to youir Excellency as soon as that event happenis, without loss of timre. J. PENN. C. IIARNETT. Vol-. 100, Pg. 152. A Week] y Return of the Continental. Armny ini Pennsylvania -under the command of his Excellency General Washington. North Carolina 4 3 2 2oL1,~0; 6 0 Ci 10 ( 1t -18 ho %4 9q 1 3 c I _ _ Cs TI'M l~~~1ChE~~~4NG A G 668 6STATE RECORDS. DR. THOS. BURKE TO GOV. CASWELL. f Fromn Executive Letter Book] TYAQUIN, Nov. 4111, 1777. DR. SIR. I left York Town in Pennsylvania on the jst ulto. and arrived at home on the 26t" after our retreat from Philadelphia. I remained at Burlington a week in daily expectation of an action at the British Army's crossing the Schuykifl, in this expectation I was disappointed, the Enemy crossed and marched to Philadelphia without opposition. I have not yet heard or been able to snggest a reason, which gives rne sufficient satisfaction for that event. Our Army was on their Flank, and why they crossed without our attack remains yet to be explained sufficiently to men. After the Enemy had got possession of the City I set out and -found myself obliged to direct my route by Eastown, Bethiehemn, R-eading and Lancaster, to York which constituted a very difficult journey. While I was at Reading, happened tle Ba),ttle of Chestnut Hill, and Germantown, 'wherein wevc uinfortuznately lost General Nash, one of the best, the most respected & regretted officers in the Continental Ariny. The particulars of this Battle MA.Ir. Hlarnett informed me he, wrote you ibefore my arrival at York and I1 will not trouble you w\vith a repetition. Upon the whole it appears that our mniscarriaoe sprnnoi fromi the samne source, wvant of abilities in our Superior officters, and want of order and discipline, in our arnmy. This, Sir, is an Evil of the mnost dangerouis tendency, & to remeidy it has long been the ob!ject of y tho-ights and endeavours. Indeed I saw very little prospect of snciccss till very lately, but lust before 1 left Cong-ress I had the p~leasur'e to linld that every Gent]em-an.was equially seonsible of tihe n e(essity of applying a proper rcmlnedy, the gSreat difficulty will be to get over particular connections, anid personal regards, but it miust be effectually rernedied or all our eff'orts are In vain. The mtiscarria-ges in Pennsylvania have m.ade it necessary it seems, to order the Troops which (lefended thel passes of the 1igh Lanids o-n the 'Hudson's River to be witlhdr'aw~vn to reinforce General WV ashin0otorm ('-General Clinton takting ad van tao'e of this has attacked and carried off fort MomNmtgomery, iiurned our Frigates in that river, and opened the con mmiun-ni.cation between York and Albany, except some little inieoffectual bits that renmain. The army under Genl Gates, as well as that umider Genl Washirngton were situated so sTATE R~ECORDS.69. I 9 6 6 near the Enemy thuat little Iseemied to be done buit to attack them. A BLattle of considerable iimportance was every day expected to ibe fou~ght by each army, and our force was so imiceh superior to that of the 'Eneiny that we have e-very reason to hope for signal success,,, indleed nothing can prevent it,bntt so-me of those unrfortunate I.)htnders which have lately been so frequent in our army. Upon. the whole, Sir, I ant in daily expectation of an account of signal victories gf)ained over both arirmies of our Enemies, but I dare not proniuise, it, having' been of late so cruelly disappointed of m'y mlost sanguine an'id well. founnded expectations. Ve.y, little of ani~y consequen~ce has ibeeii lately determnined in Congress. The Confedera-tion wfas the sub~ject of daily coxisideration weni I camne away, but as I consider the plan n.-ow iii emrbry),o, as what can never be su~ited to tite States, I thi-nk noth-ino, (lecided on it, is of conse(iuec. erI differ ver wiely Onl this sb Ject witlt a ima.jority in Conigress. 1 deemt a time of peace and tri-an-_ quliy the- proper tiime for agitating o ipratacnen u son-iic and not a few, are of opin~ion that adva-ttao'e, should be tak.~en of the l)resent clirciun-stances of the States which are silpposedl favorable for pressimg theml, to a very close connexion, but m1.ore Sir of titis when. we irmeet-ilky long absencu-e fr-om Itomne lnts mnuch deraged y rustic a-ffairs, andl they req-lttire1 Munhofmlwnp ticul~ar attention to restore themn.. Thii.s, makles it exceedinglty h1,'incon'venlient to me') to go to Newbeirn im-imoediately. I w\Nill therefore beg' to be excused for a -w..eekc or two, l)ltit i f m..y presence i s eqi red there I will set off immuyediately on your siguifying your Comm-ands, anl opp)ortlliity for 'wh-icit will immuediately offer by the mnes-,senger who will brn u.p a writ for an election of Commoner for thlis County to fill an occasional -vacancy whtich has happened.. I satw Capt. Caswell at BLrandywine on the field of Battle. I sawhi next day at Chester, and sneI have enquired f~or him-', and heard hie was el I itave tite hionor to lbe Dr- Sir, yr mao obdt serv., TilO 0S. l3 U' K E. PRESIDENT HENRY LAURENS TO GOV. CASWELL. [Froin Executive Letter Book.]I YoRK< TOWN 5th -Novemiber, 17717. I hmad the honor of writ-irg t,,- your Excellency the 1st Instant 670 STATE RECORDS. by the hand of Jacob Epps, who in his way to South Carolina, is to leave a p1.acet directed to you at Halifax. Congress having taken under their consideration the merits of many of the brave officers in the armies of the United States were pleased to distinguish the name of the late Brigadier General:Nash who fell. by a mlortal wound, received in the battle of Germ-i] Town and to vote the sum of five hunrdred Dollars for erecting a iMoynument to his memnory. I am directed to traunsmit the enclosed certified Resolve of th.e 4th Instant, and to request your Excellency to give the necessary orders for accomplrlishing in the most effectual manner thie vie.ws of Congress upon this occasion. halve the honor to be Sir, your Excellency's most obdt servant, *l HENNRIY LAURENS, ]'resident in Congress. THE MEMORIAL OF THE OFFICERS OF THE 10TH N. C. REGI* MENT. [From Executive Letter Book.] To his Excellency Richard Caswell. Esqr Governor, Captain, General, and Collmmander in chief, in and over the State of North Carolina. The MIemorial of the Lient. Coloncl, MaIajor and other Officers, of the 10t Regiment of North Carolina Forces Sheweth. That your AM'emnorialists were appointed officers, and received Comnmissions from Colonel Abrahamr Sheppard, commanding the said Regirnent; which Regientt, your Memorialists, well knew was to be raised in the space of something less than three months, viz. from the 19tlh of April to the 1St of July following: actuated by a love of Liberty, Freedom, and the IUnited Scates; and a regard for the HIonior, Character and Respect of this State in particular your MeIcmo'ts were i.nduced to enter into the service: not from any lucrative views, as they are well known to le in generall proprietors of fortunes sufhicient to enablle them to live in credit and affluence at Iomc, and being persons of some influence in their respective Counties, did jointly raise the number of men, stipulated by act of A1ss'iembly to l:e raised by the said Cols. Abra.ha:m ShepIpard aind More, as hlas fully laptpeared bry returnl made to your Excellency and Council. Yolur M-enmloel's und'er the sanction of pul)lic faith, promised the STATE IECORItDS. 671 men cnlieted by them, the different clothing ordered Continental Soldiers by Resolve of Congress, which they we e to receive at Kingston, the place of Rendez-vous-at the ijunction of different Companies at said place, they only had, delivered them l)part viz: Coats, Shoes, Frocks, and Blainkets, and of those not a sufficient nui.iber. The Colmmissary of Stores, there promised, that they should l1)e furnished with the remainlder at h:allifax; thither tile Reeginmlent cheerfully marchlebd, crossed the River tRoanoke, and:eilcanplled about two miles fiomr the said Town. It waited eight days for the Commissary of Stores, who at his arrival could not inake up the deficiency of the menl s clothing and they got but a few of the articles before recited, with one hunllldred and eleven pair of summlier breeclles. Not one hat or l)air of stockilngs has the Regiment received, hardly hallf their Tents, or kettles, and there are now many of the men exposed to the inclemency of the weather, withtout Blankets or Tents or slhoes. Your Memo'ts would therefore represent to your Excellency, that they are now exposed to tile censure of their Soldiers for breach of pronmise: The.Rlegiment is now at twelve miles distance from Hl.alifax on their way to the.Northward, they are well acquainted with the Spirit and love of Liberty of their men, they know they are wi.lliing to be lead by them to any part provided they could fullfill their promises, which it is hiunlbly presumed were nothing more than tile Authority of the Legislature must justify. They would, to conclulde, request, that their men nmay be dily served with their proper necessaries; andl they will mwait for and duly execute the.orders issuled to tlhemn wTith the greatest alacrity. On the contrary it is with submission. represented tlle bad consequ-ences that mIay arise from: their not being duly served; and the little esteem an officer, and suchl a Gentleman tmust be held in, lwhen. he is liable to be reproac hed (and witlh jutstice) by hlis men for b)reach of promise. C AL1EB_1: KEAN' 1st Lientt. IPETER DAUGE G L. Col..LEW IS (CAN NO' N 1st Liceut. JO( HN SlI H -'PPARD) ilajor TI.Ml.OTHIY JONE()N.S 2nd Lieut. A 13-tAI -AM SH..,:A: 11) i.. Capt. REU N.'.U.NTREIE., J AM.:ES W IS()ON Capt. 2n1d Lient. ANDR1)])EW VANN)OY Capt. WM.A SlI''EPPARI) 1st Lieut. SIL.AS STEVENS()ON Capt. ISA.A.C HlAR.-I)4]'E 2nd Lie;-t. ISAAC( M')OOtRE Capt. THl' ()MAS S:U'TE Ensignl. D EM:SY GR(EG:-)RY Capt. GEORGE()-t CO(OK 0. 1st Lieut. J()IHN JONES Capt. MIATH-EW MlCA. J UEY " JOHN.(LOW 2nd Lieutt. IIENR:Y CANN(N 2d Lieut. 6T2 STATE RECORDS. THE MEMORIAL OF THE OFFICERS OF THE ARTILLERY COMPAIN'Y. [From Executive Letter IBook.] To his Excellency Rlichard Caswell Esq. Governor, Captain General, and Colnmender in Chief, in and over the State of North Car olin a. The MIemrorial of the Officers of the Artillery Co: of the said State. STI.RET'r, Tlhat your Memioria.lists ar e under the necessity of representing to your Excellency the ill state of the Clothing of said Company, and humbly request the same may be amnended. The Artillery Comlpany has been now raised almost one year and a half; during whi.ch time i[.MemCo'ts havle not received for said Co: butt cight Blankets; neither hav1e they received their compl ement of shoes, and many of them are barefooted. Your Memo'ts M3en have not received new clothes yet fioml a love of the service, and bleing willing to defend thle liberty of Americ as as faas in them lies, they are willing to put u-p with any inconve-niency, 'but at the same time, wvoulld with si1ubmission hint the bad condition they are in to promlote it, when- their men, are in such a bad mranner provided for. Your MAemo'ts would not choose to enumerate their G-ievancessin this way which are really many, but leave the rectifying of tlheIm to your Excellency's wisdonm. J()ON )DA:UGE Capt: JO-llIN KINGS13BERRY Capt. L. PHILLIP JONES 2'1 Lieut: JA lMES WALL, 3d LIieut: JOHN CU MLLOW VANCE, Lieut: LEWIS HICKS TO GOV. CASWELL. [From Executive Letter Book.] TorSAIL, NOV 7th, 1777. XWORTITY SI:Your Excellency will please to accept my Commission as a. Resignation, as I find it not consistent with my constitution, hope STATE RECORDS. 673 you will think the best of me you possibly can, as I am apprehensive I could not-go through the Small Pox with safety, so late in the year, and my income not equal to the expense. I think it most prudent not to risk my life, as my body is veryF delicate of late by a series of Colds, one on the back of another, since I saw your Excellency, by which I am not equal to the task sometimes. Acknowledge my hearty thanks for your friendly preferment, am sorry cannot answer your good expectation, therefore must beg you'l excuse your Obedient, relinquIisling a Commission in so laudable a cause, and am with esteem your humble servt. LEWIS HICKS. CAPT. JAMES EMMET TO GO V. CASWELL. [From Executive Letter Book. ] CROssc:leEEKi, 8th, Nov. 1777. Si: — I am 'to inform your Excellency, that owing to my indisposition I was ordered home, as well for the recovery of my health, as to execute the.orders given to me by my Col. (Sumner) the heads of which, I am instructed to transmit to you. I could also wish to inform your Excellency, that it will be impossible for any single man, to take Deserters, and being in' no ways authorised to command assistance, I fear, I shall hiot be able to execute that part of my orders; indeed I had a troublesome, as well as an expensive experience of it this time last year, but shall do my utmost to colnply with any order I may receive from your Excellency. I am with due deference, Sir, your obedient Servant, JAMES EIMMET, Capt. 3` B13att1". I-eads of Col. Sumncr's Orders: To enquire how the recruiting oflicers, detached fronm Halifax last April, go on, & what success they have had. To direct recruiting parties with their recruits. To march for Iead Quarters immediately and join their Battalion. LRout by way of PLetersburg, Fredericksburg, Alexandria &c. To procure money from the Treasurer for their march. To draw money for recruiting and do my utmost in that service, and take up all deserters. To giv,, 43 674 (;74 ~STATE RECORDS. r'ecruit'ing instruction-s to such oflic~ers, who Care riot able to join their Battalion, and to SendC' forward those who are. To inforin his Exce]llency the Governor of any return fromn Camp, and. heads of these Instructions, an~id request his further ordlers. To write to Col S-lunner, the success, & con'sul.11t his every ol)1ortllnity. CHAS. II3ONIDFIEEL.D TO GOV. CASWELL. [Fr-om Executive Letter B~ook.] EADENTON, 8th Nov 11777. Silt On. receivinor your Exceflency's Com1.nmiss~ion1 annoinltinog rnc ConIImissioner for fittino, out aurmned vessels at the Fort of Edentou, I drew on. Willijam Skinner Esq.. T rea~surer fo(r the NorthernI TDistrict, for the, sum of Onie thous-and IPounds, whRich M —r. Robert Smith told mne, I was by a resolve of the Assemb~ly emir)o-wered to do, as I had riot at that timle seen the resolve, an..-d MAr. Smnith told ime had, I took it for gran~ted that I was act-ing righit. MTAr. Skinner advanced the, mioney on. my order, since which it appears tha),t I shouild have had a w~arr~ant fromn your Excellmeny on the Treasurer for what mnoney 1 should want for that purpose, as there was at that time severa]n OGemnad~s against the Kinig Tam'.iny arid niore difit acr bng arid I nobIei-ng furnished with the resolve of the Assembly to know in what mariner to act, wvill. I hope excuse me for not applying to yoitr Excellency for a warrant sooner, whiichi you wi'll b~e so good as to gi,~e to 'Mr Skinner who has mny receipt for the money. I heave chartered the B3rig -King Taininy to M-Ves-srs. Heowes and Sm.,ith on. accou-nt of the Clongress, a copy of the Chbarter party, cand on account of the disburslemen~ts, I shall furn~ish your Excellency with by M~r. Ilenoes When lie goes for Newb.ern. I am your Excellency's most obdt. Ser-vt. CITAS. 1BONDFiIELD. PETER &I)AINJEL MALLE TT TO GO V. CASWELEL. [From Executive Letter Bookc..] -~~~~ ~Cuoss CREE~]~K, Nov l 10" 1 777. Smu Wle mneami to wait, on the Commuittee of arccounits, (luring the ) ST.ATE RECORDS. 675 present sitting of the Assembly, in order to settle our accou.nts with the State, bu t we are under the necessity of waiting for somne vouchers f:rolm I-ead Quarters before our accounts can b)e balanced, wh'ich may det~ain us until tlle latter end of the Session. In tlhe imean tinme we thouglht it our duty to acqunaint your Excellency t'.ha.t no Commlissary of this State appeared at Caimp to pay up rations due to thle oilcers1' of everly tReiment from the first to thle nlinth, and great complaints were daily made till at last G-ent N'as}h, to(gether with advice of the Colmmissary Geil, and concurrence ordered us to pa)y up the officers of those Regimenints fromi the 25th of April until the first day of August. The first of these dates was the tilme our Troops left this State-w e were at the salme time filrnished with mioney for tlhat purpose, now tlere remains iii our lanLds upwards of four hulndred pounds, wlich has either been paid by the different Commissaries, or still remains due to officers who have not called for paiymenet t}ho' we judge the former is the case, as the Commissaries, may not be acquainted with our orders, tleir accounts lnight be handed in the usual method cliarging officers rations Regimentally. 3But as we have already paid the greatest part, and hold ourselves in readiness to complete our orders, we shall expect to pay either the Comm:.issaries for such receipts as they produce or the State. Should these receipts be allowed iTi their accounts, we don't mean to interfere with themn or their accounts, during the time the Troops were in this State. Ncitlher have we any claim for officers rations:in those IRegiin.ents, until thle 25th April before mentioned. It may be also necessary to acquaint your Excellency, that we had made a settlement with the Continental Congress, and that we there accounted for all tlhe money; and other transactions after we left this State which related to the public. We are your Excellency's most obdt. ITumble Servants, PETER & DAN IEL MA.LLETT. IN. B. Dr. Burke can inform your Excellency every particular relative to our accounts at Congress. c 676 STATE RECORDS. VolJ. 100, Pg. 153. A General IReturn of the Continental Army, under the immediate command of his Excellency General Washington, encamped at White Miarsh, November 10, 1777.; i I, i I i ' -*' [ rlstN.C. t l 1...... li; 5......... l.. i -; 5. 211d 1... l I 'I... I T i...... Cd 3r 1.. I, L... 8.... I. J l i 9 8 4,5: 1:3 4...jno............. id"t " I- I 1! 41 4'I ' 3 1. I I6 5, 1 3 11 Total 'I 4- 3! 4 3 (j | 2 3 ' 1..5 8 2 5. 4 T.. I I Pi _l. C11K RI.N...... 6flh" ".".. 11. 2 i '.3!! j ] I -- I 1I. I V-thl ". ' j... 1 1.: i Tj..i...C....l{II ' 1 l j t G n()..i 7 '<~ "; u! I |:j I | I / I I * 1.i, I.........:-"I.... 'rot-l............. 11!3i:* 31.lli~i.l. —....i -'- - - TIlM. PI:1C.KlCltl:N(.-, Acdjt. Genl. JOHN VANCE TO G(OV. CASWELL. I Frolm Executive Letter B3ook.] CA.MP AuTITEInS CIEilEK, November 12th, 1777. I have an opportunity by Capt. Williams to write your Excellency a few lines in haste, with the -Regulation of the Artillery pay of imy officers and Soldiers, which I went to Williamsburg Virginia for, and have enclosed the same to your Excellency. H-Iumbly requesting you to order the paymaster to pay up the arrears as I expect to march miy Company when Col: Sheppard returns to Camp. Mr. B'lount called at Camp as he came from Head Quarters, and said lie ladl not got tlhe Regulations of the Artillery pay, but he was willing to pay up arrears -from the date of our first appointiment, whlichl was May 9th, 177(. I am your Obedient humble servant, JOHN VANTCE. STATE RECORIDS. 677 CORTNELIUS HARNETT TO DR. 13URKKE. IFrom Executive Letter Book.l Yo-llK, Pennrsylvania Nov. 13t' 1777. DEcAn SIR:The child, Congress, has been bIig with, tlese two years past, is at last trought forth-( Confederation) —I fear it will by several Legislatures be tholight a little deformed,-you will tlhink it a MIonster. I wisl, ]however somre kind of Confederation wonld take place. Some carry their idea of this matter so far, as to believe our affairs imust be ruined without it. 1Be this as it may, it will. in a few days be sent to the Legislatures of the several States. Nothing mrore has been done worth your notice. Our time has been chiefly employed in army matters alnd God knows we hlave had perplexity enough. (en. Washingtton's head quarters are at White Miarsh a few miles from Germa.ln T.own alnd the Picketts of each army are very near together. We ai.re informed of a large reinforcement detached from Gen. Gates' army on their vwayT to join the mnain ar-my, and every body hopes a good account will still, be given of Sir William. You lefft u1s dissatisfied, but when you. hear that we still ]h.ave the conlr.land of the Riiver, — nurgoync's wh ole army su.rrendered,-the noble defence n (e at Redbank, Fort Mifflin, &c., you will I hope entertain tan opinion that ou.i armies must conquer, whenever they appelar, notwithlstanldinlg, the few checks, perhaps necessary ones, the'y have lat.ely' met with. We lhave anl account of thirty Tralns ports sailing from New York, supplosed to be brininng a reinforcement of troops to Gen. IIowe. They are not as yet arrived in the )Delawalre. I thiink as soon as our main army receives the reinforcements e:xlpcted:l, I. should.l expect to hear of a vigorous attack upon the ne-nrey, but.I amn no,G neeral. At th.e battle of G-ermrlantown, I ifome Col. Martin has a gain been so. unfortunato as to Ineet with censlre. Ie lhas been tried by a Court Martial and acqu-itted as I hear. Since tile death of our worthyl and brave.Nash, I have received a letter from Col. Sulner showing the necessity of having a IlBrigadier appointed. WhTlat can. your Delegates do in this case. For God's sake, endeavour to get our assembly to nom..inrate the genltleman they would choose. I am told )by several officers that should Col. Mar 678 STATE RIECOtRI)S. tin be appointed, m.any resignations would take place, as several' of the ColonIels &c, arte mnuch dissatisfied withI Iis condiuct. Col. Sumnner is I belieVe next in rank; a worthy man. Our Brigade will as soon as (Col. Slhepllard is at camrp, be a very respectable one, consistingr of twvo thousand, rank and file. I hope to see some one or miore of miy countrymen at the head of them. and hpiI)e they miay )be esteemed ir. camp and out of it, as our worth.y deceased friend was. The sooner one or more Gen. Oflicers are appointed(l, the better. In(leedi we ha.ve a right to the appoiTtminrit of i:[ajor G-eneral for our State should it b) t.hought ne(,cessary. Pray let nme have your o)pinion freely and dispassionately on the articles of confederation. The miode of settling the Quota of each State towards defraying the general ex)pense, has taken up luclh'1 tiAme. Some States were for the valulation of all the property in each State. Others, for fixing it by the nlumber of filhabitants.-Others on thle valuation of land. rThis last seciried to come as near the inark as any, except a valuation of all property.!-1owever thie Valtue of lands has taken place miuch against the desire of the Delegates from the Eastern States. As I expect you will'be directed to return immediately after the using of our assembly, I hope you will take care to be properly instructed in every mieasure they may wish to accomplish. You ought to be here. No State should have a less number of Delegates than three presient in Congress and I hope our State will attend constantly to that rule. I have a great inclination to return homne, and wish in filtulre to be excused from this kind of service. B3etween you and I, we shall be lruined in it, and(l I wish to mlake way for some Gent. who values his honor in this way more thlan I do. I have not timn to say one word more, than to desire that y.:u will make mny compliments to all my firiends in Assembly. I wrote to Mr. Ilooper and M\aclain a few days ago, and shall write to thien again very sooni. No post or press as yet established here, and when I meet wit'. an opportunity of writing to my friends, STATE RECORDS.69 679 I am obliged to (10 it, in such a hunrry, that I hardliy kInow what I -write. IBelieve me to be with unfeigned esteemi, De~ar Sii, Xour affec. and oibe't Serv't CORN'S IIARi:NETT. P. 5. Our very -worthy friend Mrs. Trist is well at Lancaster. I have jus nw rceve a line froin her. I forwarded a letter fromni her to you. abotit a fortnight ag~o, which I hope you. have received. CAPT. NNICHOLAS EDMUNI)S TO GO-Y, C"ASWELL. [From Executive Letter ]3oo'k-i No. CA.RO. NORTi-RAMI.ToN COUINTY, Nov. 14th 1.777. I 'Alt SIR I take thins opportuirlty to Send youffa return of recruits, recruited by the officers of the 3d -Battalion wh~ich I have neglected doing for this niouth past. I should heave sent you 'a return before now, lbnt Ilad not an o~pport~unity of.igi, wn as not able to con e myself as I heave been very unwell for this mnouth past, and I hope you. will. not take it amniss. I wouild be glad if it were convenient that you- -wou-ld let myv father h-owell. Edmuiinds have, another warrant, u1pon the Treasury -for the sur. of five, hundred dollars more for mne, as i-y Other five hundred is out, and] I was obliged to advanQ.e mToneyV out Of mTy ownI pocelzt to pay off the Recruits. NICHOLAS EDIDUNDS. GOV. CASWELL TO A. MACLAINE CHAIRMAN AND THE GENTLEME'N OF THE COMMITTEE, OF RINQUIRY, &C. ['From Executive Letter B3ook. 1 AIR. CHANIRTNAN & GrT1OF TiHE CWNUImITYEu OF, INQUIRIY &C. You~r Mfessageo of yesterday I receivedl so late in the evening, that I could not conveniently get the papers you. requiredi copied. I now send You a copy of the, rec~ruiting10 in-struIctionIs andl marchin~g Orders issuled to Col. Sheppard, and also c-Ioi)ies of somne other *palpers, with my Own olbservations whiclh m-iay shew th~e reasons whby that Itegirinent -was not ordiered to mn.arch sooner. Observations respecting Col: Sheppard's B3attalion. 680 680 ~~STATE RIECORDS. 1. By iResolvc~of the General Assembly 300 men were to be raised before 1s` July (See Copy Resolve No. 1). 2. The "Council by agreemient of the members was appointed to meet at Kingston, the place of Rendesvous for the said Regim,1ent, the 8th, July, to receive Colonel. Shepp,-ard's iReport,-a sufficient numnber to clonstitute a B3oard did not m.Yeet-the 5`1 of Auguist was then appointed, when the B~oard met, anid resolved Col. Sheppard htad comiplied with ti~ie Resolution of Assembly"-(see Copy Resolve No. 4) and in consequence of a Resolve of Conigress of~ the 17th June (see Copy No. 5) that Regiment to be considered as Conti-neu tal. 3. The 8`' Auigus~t a detachment advised by the Coun-rcil. to be sent to remove the MN-agazine from Wil.mington (see Copy Resolve No. 6)) they were ordered accordingly, anid in a few days mnarclhed 100 men, writh 3 wagons anid 4 carts, Who brought off only part of the stores (see Mlr. Blrice's letter 21" Angus t No. 7) which they (lelivered at Kingston 28`1 or. 29th August, prevTious to which I[ had cbme to Newborn, where the Council was summoned to meet the 1st Sept. But before this on observing the tardiness,,, of the Officers in repairing to iHead Quarters; I1 wrote to Col. Sheppafrd on the snb~ject-(see Copy letter 22' Angust No. 8). 4. The Council sat at Newbern, '2' Septem-ber anid. before their brealking up, theo 4'h they proposed advising me to order this 1iegiment to march. But~t as I did not know the detachment sent to Wilming-ton was returned or thtat Col: Dantge wvith three Comipanies fromn the Di-striet of E.denton. anid sonict others were arrived at the- 1)laces of Rteides~vous, and appreli endi-ng imyself -vested, with conip~etent powers, to order the Coiiti nen tal Troops-whilst in1 this State, I decimned talking the, opinion. or advice of the Coucl —6, anrd returned to iDobh's wvith a (lesigil of orderi-ng the I'tegirrient to rna-rch as soon as I found it pramctical"Ac, lbut on the 7V` I received ly (-,X~pC5s from Congress, a Resolve (lirceti-n(r the removal of the M-ilitiary arid INiNaval Stores froir W~i1.1Ynii iigtonI, (see Copy of ihiat Resolve No. 9.) the 8'" I ordered a detachelni,.t from this Battalion to br)I~ing up. time rema-inder of the Mlilitary stor.'s, beIing indutced thereto -fromt thme seeming earnestness of the Congress, to have tlhe sam (lneimeiaey, and kuowing' if I waited 'till this -could be effected by the Al\'lilitia, it would 1)0 atteri(led with thuat delay that mighii(It 'be a mneanrs of injuriy to the puiblic-and considering that STATE RECORDS.61.681 some of Col. Sheppard's offic-ers had not yet arrived with their recrui ts, ( see copy extract of my l etter t o G-eni. Ashe No. 1.0.) Col.. Dauge marched accordingly with their detachments, received the Military Stores and returned to Kingston the 2 3' Sept. from whence the R~egiment with the artillery comnpanly marched the 25 t~i ad I flattered myseif they woul~d have proceeded on-their m-arch agreeable to order, as thre Commi~~iissary of Stores had assured mei, every thming in-l his power which thley -were entitled. to,.shoufld be fuirnished thein onl their way at Ilalifiax-bu~t on. the '15th October I received Col. Sheppard's letter of the 14t' ( No. 11 ) to which I refer you. I saw himn two or three days after, advised hmini1 to retuarn, to his R-eogimlert anid 'by all mn~eans endeavour to lproceed on his mnai.-ell, tibo-ut the tunte this assemblAy was to meet, received the, Mcmorial4 of his officers whichl I took t-he earliqst opportunity of l'ayinig before the Cou~ncil, w-ho thouight proper, to recommnend tlie (,on-s1(eration thereof to the General Assemibly. * rhus M~r. Chairmnan and Gentlemein of the Comm-itt-ce I Ihavx given you. all. the informnation ii nmyr power rel-ating to thw e(clay Col. Sheppard necessarily met wNTi th1 on his march. This I thoughit inICiun11-bent Qn1 me0 l inmy i)rese1nt station. 'RICIIA. RD. CASWELL. Newvbern' 19,t" Nov'. 1Tfl-. TO HiON. TIJOS. 13URK.E FROM CORN. HARNETT. [From Executive Letter IBook.] Yor-K-, Pen-nsylvaniat Nov. 20'h 17'77T. Our caffiairs, at I-lead quarters, seem- to remain inuch the samie as thley wvere whnV10 you- 1oft us. The River has been as well defended as coul1d possiflly be expected, bu~t our- l brave6 Col. S]mYith was a few days ag'o olbligedi to leave Fort lifi-lin i-n ruins, to the enemny. Bob Morris still- thinks thre eitnemy's shiips will. not ibe able to get to Philadelphlia this Winter. —otlhers are very'doubtful. For in.ypart I anxiou~sly look for the time of th~e ri-ver beiing' frozen oveir-this sel~domn happens i )efore Chiristrmas. We can not find. whether the reinforcemenT)t from New York is yet arriv\ed, but Geon. 11ow-e hourly exp~ects it, som-e say thiree somie five thioiimsafnd. 0X-en. Washington.,'s strong reinuforeeMnen t froirn Gen.. Gates' armyy will. be at H-1ead Quarters tomnorrow- If you was here, you w\ould 682 STATE IECORDS. think a general attack should 'be made on the City inmmediately. Others imagine that Gen. Howe mlay in the course of the Winter, be starved out, but I think we have no right to expect two 13ritish Armies, in one year, to surrender. In mny lnext, however, I will, if I can, send good news. The expectation of the people is great, they believe as soon as Gates' victorious troops arrive at Ihead Quarters, Gen. IIowe's Army will be ri:ined. I am also of this opinion. Col. 3MAartin has been tried by a Court Mart ial. or.Court of enquiry, I don't know whlich, on hlis behavior at Germanr Town, and acquitted. Our iBrigade, the high] officers of it, are exceedingly anxious to have a general Offlicer appointed. I wish it were done. You know the Delegates determined to take the Opinion of the General. Assembly. I wish this could be speedily done. You know better than I do, how our Colonels stand as to rank, Marttin, Sumner, Polk, I believe. As far as I can find from the (fficers, I have conversed with, they wish fo'. Sumner and Clarke. This m:ight cause several resignations. 'We have too many Officers for the number of mnen. You know Congress catch at resignations with great eagerness. A new BIoard of War is appointed, Gen. Mifi-lin, Mr. I1amiilton and another geltl.leman, —I t.hink tlle Ad1jutant General of tlhe Alrmy. Gen.?Mifflirn, resigns his office of Quartteir Master General, but holds his rank of Major General without pay. Your favorite Confederation is at last finished. It only waits to be pri.nted and sent on by the President to the Legislatures of the several States for tfleir approbation, with a pressing letter firom Congress on tlhat subject, wli(lnch you. will soon see. Our fi.nalces are in such a sitluation, that unless the States agree immediately, to tax as high as the people ca'n possibly bear, the credit of our money must be ruined. Another very large emission must talk( place, there is no preventing it. The Treaslry Boards see the fatal consequence of this measure, but tlhey also perceive that when we have no m1oney,, we. slhall have no -Army. Tl..e LIoan Offices are already drained to tleir utmost farttling. Tlie )prospect before us is truly distressing, rwe mu.st however contin.ue furth er emissions. I tremble at the consequences. A defeat of Gen. IIowe's Army, I think must be attempted: should we succeed, we slall be on our legs again. I wisl the STATE RtECORDS. 683 683 whole force of America conid be collected and effect this grand purpose. Our wTvorthy and a.greeable friend, Mrs. T rist, is well. I shall soon send my carriages for lier and Mrs. -Ross. They intend to visit Mvrs. Ross' relation in this Town. For God's sake get the General Assembly to recomnmuend ciG en eral Officers for onr B3zrigade, as soon as Col. Shephard joins them, they 'will consist of at least two thonsand rank and file. They are exceedingly uneasy. They are at present commanded by the brave Miac Dougal, yet they imangine that they appear contemptible in tle eyes of the Army, not having one General Officer from our State. They insist that they have, according to mee proportions of unien, a right to a Ma-1jor General and two -I3rigadiers. I. ami Dear Sir, Your most affec. and obed't Serv't CORIN. HARLNETT. P. 5. For God's sake endeavour to get somne Gentlemnen app)ointed in mny stead. I can not stay here any longer with any pleas-ure. (GOV. CASWELL TO THE HON. WM. GIAY ESQ. WM. HAYWOOD, JOSEPH LEECH, EDWARD STARKEY, THOMAS EATON, WM. TAYLOR, THOMAS BONNER ESQRS. [From Executive Letter iBool.l NEw 131,nRN, 20th Novr 1.777. Si-i Matters of importance to thie State require your attendance in Council at Newbern, on Thursdayr the 27t i Instant, you will please be punctual in attending on that dcay. I am Sirs, your obedient servant, RI. CASWXELL. CAPT. JOSEPH WALKER TO (AOV. CASWELL. [Fromn Executive Letter Book.l CA1imDEN COUNTY, Nov. 20t", 1777. Du Si-n: I embrace this opportu;nity by Col. Buricrges to inforiyr Excellency the success I had in eceruitinig since 1' reeeivedl your orders. 684 684 ~~STATE RECORDS. Recruited myself 9 meon, by Lieut. IDaley, 4 men, Ensign Grandy 4 men. Ensigns Carstaplien & H1air, neither of them met at the place of Rlendez-vous on the first day of this Instant, according to orders, which inmakes me Tiot able to find yonr Excellency a proper retnrn of the Rlegt: as the warrant I had on the Treasurer was for only one hundred pounds, it is recruited out, and I have somne of my owA-n, that I shall mak.~e use of, till I can get -more of the public money. I shoul1d be glad if your Excellency could send mne by Col. Burges, a warrant, or a bill. which I think I can fill. The reason I did not wait l6n yonr EFlxcellency is -it bids fairer now to get men, than it has -don~e -for this some time p~ast, & might lose mnore by coming, and the orders Mr. Daley 1)rollght mne did not mention any particular time to make a return, and -it is very expenl. sive. There are several old recruits now in. this qu-,arter. Deserters coming in and Ensign Davis Granldy has not yet been. furnished with any in oney from the public to recruit Mlen with, hie has advanced his own to -four men, woullld be glad to be furnished when I am, but neither of -us w\.ill lose a man.r, for want of mnoney. If we have none of our own, we have some- good friends to the cause, that will lend rather than lose a Soldier. I should esteemn it a favor if your Excellency will let me know by Col. PBurgres when I mrmst make a return to your Excellency. I am with time greatest respect very humble servant. JOS14l'H WALKER Capt. 7th Regt: CAPT. MNANJLOVE TARRANT TPO G"'lOV. CASWELL. [From Executive Letter Book. 1 C.AAMP1DE'N COUNTY, Nov 20th 177-7. I embrace this oppor~tunity by Col: Burges to in f-.orm~n your Excellencev that I received a letter some days ago from Ma;-jor Ilardy Mu11rfree, in-form''ing ince that lie and Capt. William-fs, had obtained leave from youv, Excellency to march to the Northward, and had. left inc in commnand of th~e said Regdiment. Now in this state, I should have waited on your Excellency, ii" person,~ but um'y- business lies so with my recruits, that I could iiot COMe, withouit injuring — the Rlegiment at this timie, I should lbe glad to receive ord~ers from STATE RECORDS.68 685 your Excellency, by Col: ]3urges how I am to p~roceed: and I am with the the greatest respect yours to serve. MAN LOVE T A URRANT, Capt. PRESIDENT HENRY LAUJRENS TO GOV. CASWELL. [From Executive Letter Book.] YORK, TOWN, Penn~syl~vania 25`1 -Nov 1777. Silt The last address which I had the honor of presenting to your Excellency, and which remains With the- former unanswered was dated the 5th Instant. Mly present dulty is to convey a Resolve of Congress of this d-ate, in which your Excellency is requested and enabled to iperform an. essential service to the Uniited States, by appointing i)Loper persons for purchasifig, a-n.d others for manu.facturing in the State in whiich yo lpesie certain articles of Leather for the use of the armiy. Congress heave been encouraged to giveC- youir Excellency tbis trou-ble by the Delegates from Nor-th Clarolina, annd have onfly in. view the g'en~eral. interests of these States. Nothirgfio ret r is needful1 for me to add buit a reference to thie 1Resolve. Ju-st as I was about con~clutdino'-r certai-n, advice canine to our biand of -an Englishi Frig()ate of 28S GUTIS & two Tr-ansport Ships, going out fromn Rthode Island, Imaving run aground near point Ju~dah, that onie B oat *load of men attermpting to get o-n shore we-re overset ai-d drown-ed, the, rest, Ships and Mlen takein. Our ipeoPlC expressed hopes of getting( al~l the Ships afloat again and in good order. This account wNhich I write in haste is crude, but the general fact may be regardecd as true. I have the honor to be with very great respect Sir, your Excellency's Mlo. Obdt. Servt. HE'NRY LAU'REN S Prest. Cong. COL. I. WHITE TO GOV. CASWELL. [From Executive Letter Book.] WILMINGTON, Nov. 30th, 17,77. Silt I take the liberty to address yo-ur Exce4iency amid to inform you 686 STA TE RECOTDI)S. of the distress that one of the Continental Itegimnen.ts ( which I have the lIon:or to command) labours, under the men in. general )barefoot, and some of themC entirely naked. We are obliged for walnt of mloney to put up lwithl sluchl provisions as we can scra1)pe together upon credit, ats Mr. Turner a)bsolntely refused to furnisll is with the least article, 'till I pledgced( my honor to see him paid for the samle, before the legimnlnt'marchced froml tllis pllce. The Continental IIorses iare erishing for lwant of Iorage, there bei.ng no Quarter er or I.)epuilty ( ill tlihat De)pa.rt.1melnt ) stationed here to slupply us.. I brought five tilot.sand 1.D)ollaLrs with1 mie from York Town, \which I judgedr sufiicienlt, for extra (xpenses. In marchingl the ]Battalion to (Georgi:a, a.s I was inlformed.. by the bo ard of w:r there were MagB a()sines of stores, established in the diflcrent States, for the supply of tl.h Continlental Troops, wnlo milight malrch- through thlem. I indeed met witl every assistance in M1arylaSnd, and Virginia, 'till I drew near to the bordcers of this State, sinc.e which I have )been obliged to purchase almost every necessary we stood in need of, at an immense expense, which has entirely expended, all the public money I h.ad in my 1halndls, with almost a thousand dollalrs of my own —and two h1ndred & fifty M.: ajor WalljO r was so polite as to lend me-'till I could get supplied. 1 mlust therefore in the name of the United States at large, and the State of Georgia in particular, most humbly request that your Excellency will furnishl mne, (or take suc1h measures as to have me furnished) with five thousand Continental Dollars-in order to expedite my nmarch to the State of G-eogia, the which I pledge my honor and tlle faith of Georgia, shall be repaid with the utmost dispatch, either by our Delegates in Congress, ( on whom I have herewith sent 13ills for t]hat )purpose) or by the State. I -would not trbuble your Excellency were we not in the utmost distress, and both oificers and soldiers imurmuring. It hurts nme to the soul to punish offenders for in nmtiny, lwhen I kno6w their complaints are just, and have it not in rmy power to redress them. But am obliged to conform, and put Court Martials into execution to keep order in the.legi.ment, according to the rules and Discipline of War1. Should I b)e so unsuccessful as not to obtain a supply of money fronm tlis., State, I know of no alternative, ( as we caTin get nothiing heore withoutt mloney) but that of letting each man shift for himlself for before we could be sul)pplied from. Georgia, most of STATE RZECORIDS.68 687 the me-n -would certainly,, perish Betweeni thirty and forty, are now langur1.ishJ1ing0 under diseases, occasion~e~ for want of the commnon necessaries of life, the sick olbliged to miake use of rusty salt pork, as at times wve c.,an goet -nothbiu~ else for them. iFor -further particulars;, I refer your Eixcelle-ncy to -the bearer M.Iajor Enlsta,"ce of mny i~cattal ion, who likewise has niy letter of ereit from the Sta te of Georgia, w'hicif he is instructed if necessary to ( l.ay before you, wvith other vouchers'. I h~ope your ExcellenTcy will. take our distressed situation into serious con sideiratoio,i and comp,,.i-ly wvith furnishin~g ruei the amoiunt of my request, Five Tfioltisanld Il)o11hiRrs. I a(m With the uitmost resp..ect you~r Excellency's most obedtThun-Yble servt. I..WiTE Col: 4th Ga. lBatt" SAM]. I)AJLY TO GOV. CASWELL. IfFrorn Executive Letter iBook. 1 TMAY IT PEAS5E Y'O-UR ExcE,,miRNO,-cY. We Thos. Daily and Slami.. D'ailv hatli given Bond and security to depart the State aceordiimcg to 'Law of this State of~ NKo~rtli Carolina, dotli beg the favor of your Excellency to grant two different passports, one for the Brig Nancy, Thos. IDaily M1aster, The owher for the'Brig Y'oung Henry, Saml Daily M'aster. I remain your ExcellenIcy's Most obigd...huirnl. servt. SAMHL DAILY MA"aster. GEN. JOHN BUTLER TO GOV. IR. CASWELL. [From Executive Letter Book.i NEWB#iN) I)ec. 1st, 1777. Silt With this you will receive a general return of the, Regimuents of Mfilitia for the iDistrict of Iillsb~orough. I aml sorry to say that it is not as perfect as I1could wish as -1 have not yet recei-ved any return from Granville County, though I. sent express, for thtat purpose agreeably to your orders of the 1.5" Jul~y last. -You will observe somne other imperfections in the return, owing no doubt to the officers not having the Mil-1itia Law lbefore them. The next return I have the honor to inake you, I hope will be better finished. I am youir most obedient servant. JOHIN BUTLER.13. (G.. 688 STATE RECIORDS. JAMES BLOUNT TO GOV. CASWELL. [Froni Executive Letter Book.] EDKNTON, December 3d 1777. SIR:;% I've received your letter by express bearing date November thie twentieth 1777. The contents of which shlall, as far as is in mny power, be coif1lied with, I've a guard now of twenty eight, -my orders to the Captains are for thirty, lut between twentty and thirty appear, if your Excellency should think. such a guard insufficienit I shall be glad of further orders. (The Town Company is ordered to appear on an alarmr, so that they are excnsed oniy on exigencies). without anything should happen more than we know of, perhlaps. tiie guard and Company before me-ntioned mnay be sufficient. A IDntcliinan from Mfaryaland, has raised. tlie price of salt, within a few cays to fourteen dollars, w\hich enrages the Country people in thiis place. Tliere was a!)eserter fromn tie fourthi Regrimient sent here by M.-Ir. George Little froml Hertford County, w-hich hLe wrotQ was by your Excellfency's orders-(thie letter w\N~as directed. to Gen'1. Skinnecr or erie)-tlicrefore shall le glad to know w-hIat to do w. ith. Iiimn and any others tliat may come. Geim' Skinner will sliew your Excellency Mr. Little's letter. From Sir, your most respectful Iunim' servant, JAMAIES BLOUTNT. JAMES ME'ASE TO GOV. CASWELL. [Urom Executive Letter Book.]I L&aNcAsTE'R, Dec. 3' 1.777. Sir, I am directed by tfie Honorable Continental. Congress to fix Agents in ftle several States in the Clotliing lranch, where such appointments have not already taken place. For this purpose I take. thle liberty of req-uesting your Excellency to ionominate a fit person to tra't business, as conveniently sitliatedl as inay be, whichl I lam encouraged to do by the advice of the Honorable John Penn Esq.. who is at this time hiere. The business of an Agent in timis Departiment is to receive all thie goods, imported into the State, on pub bSTATE IIECOIIRDS. 61)891. lie accounit, suitable for clothing the soldiers, and to forward such) parts as are not imme(diately wanted for the use of' such Continental Troops as belong to or are actiilig in the State to suelh places as they may be directed to by the Clothier G-eni. or towAards the main ariny addressing therr in each State to the care of the Clotli — ing Agaent there, so as either to forward or apply therm as mcay be directed. Ile is also to purchase f ~oiy thno to timye, all Materials either private importations or the ii~ianufia-ctories of the State, as are suitable for clothing the Ar-jmiiy which are to be Inarie up as fast as may be into suitable garments for the Troops, of the State, thte overplus to be forwarded as bef-ore mentioned, a commnission of 21-2 per cent is allowed on the amouZnt- of all. su1ch( I pu-(rchases, aind clothing finished, and delivered, and 'tis expected every thing- be done on the most frugal terms, mn d flie principaas 'Without countractinlo' by the great for thenm. I shall shortly send more pEarticular direetions, as some regi-thtiob i are ini. agitation respecting thhe clothing departmxent. In the mean time, 1 1eg leave to infiorml your Excellency that tihe main army is in the greatest distress for clothing of almost every kinid, and therefore entreat -your Excellency wvill particularly direct the agent, you shall think prop>er to appoint, to f'orward towards this place, without loss of time, by the utmost expeditious conveyances, all such pulblic stores, belonging to thle clothing departmient as are in your State. We haive Just received very agreeable reports of very conTsidcrable supplies, being arrived in 1)0th tme Carolinas comforting ourselves with the idea of relief f'roin thence. Indeed our ports in. the middle States are so narrowly guarded and are so few in inumber, that almost all our snpplies must come now from. the northern and Southern States. I have the honor to be with very great respect and esteemi YoIUr Excellency's most obedient humErnble servant, JAMIES MEASE, C"' el 44 690 STATE RECORDS. VoL. 100, Pg. 156. A General IReturn of the Army under the Commanu d of his Excellency General Washlington. At White Marsh, in the State of Pennsylvania, D)ec. 3d, 1777. OrFIC],S PRS. ' s.. I. (1 L* ile> Alte-aitions. —..... —.. —. —.. ii.....i,:lali antd File. since last tel0?1112)~,5 ~ N) o'- I' Iturn of Octr 26. Conm iss'n'd Sta.t. 01, 1; [i'~ ~~~~01d. I' BRIGA D ES. __.. _. l _ _ _........ Not Cr i. r.. ii SAML. CORNELL AND JOHN LONI)ON TO GOV. CASWELL. [From Executive Letter Book.] 12SIIl Hii I I I.:this port, rom Nejw York, in the Brigantine Edwards, in conseece of a Flag of Truce, obtained fom Liet. G eneral Sir - nry Clinton, and Commodore [ Ioltrane, in order to settle our private affairs in this StatCe and we wait your Excellency's permissiol to come Oll shore. We have tlhe honor to be, with greatest respect, Sir, Your Excellency's most obldt hnuml scrvts. SAMUEL COENELL, JOCRHN LONDON. [From Executive Letter Book.]1.....:I l — - i- ~ — ~Nofh aroinI:I ~. 5 ~ONBr /IARD THE EDWARDS, 4" ' Dec. 1777.I:::: I —::I JOHN LONDON.O[N>ON STATE RECORDS. 691 [FRLOMr EXECUTIVE LETTERl BOOK.] STATE OF NOTTII CAROLINA, His Excellency ltichard Caswell, Esq. Governor, Captain General, and Commander in chief of the said State, To Lient Col.-John Luttrel commanlding officer of the Continental Troops within this State. You are hereby required to order a Court of Inquiry to be held by the Continental officers, under your command at the Town of New Bern as speedily as possible, to take into consideration the petitions of sundry persons who are or were soldiers in the ContiL nental Army raised in this State, who suggest that they have served out the time for which they enlisted and from whom discharges are withheld-herein fail not. Given under my hand and seal at arms at New B13ern the day of Anno Domini 1777, and in the 2' year of the Independence of the said State. GOV. CASWELL TO SAML. CORNELL OR JOHN LONDON ON BOARD THE BRIGANTINE EDWARDS. [From Executive Letter Book.] NrEW, 1BEN, 5th December, 1777. GENTLEMEN, Your letter of yesterday I received but previous to my granting you permission to come on shore, 'tis necessary that you bring a flag from his Britanick Majesty's officers, by you mentioned to me. To be ascertained to that end, I send Major John Fillman to whom you will give proper information, I am Gentlemlen, your mo. ob. servt., RICIHARD CASWELL. GOV. CASWELL TO CORNELL & LONDON. [From Executive Letter Book.] GENTLEM'EN, You are to be conducted by the Guard to the place of your landing, from whence you. are to go on board the Edwards. You are 692 692 ~~STATE R~ECORD~S. permitted to come on shore this afternoon, in order to give Mr. Cornell. an opiportunnity of m..iak~ing an Inventory of the -several. articles of his house Fuirn~iture, the names of his family and also the, narries of his servants, whN7-iceh lie also propose conveying w.ith him-. Mr. London imay avail- him-self of' thi~s permission to come onl Shore-but nleither hie or AMi. Cornell to procleed further, into the Town, than M\.r. C~orn-ell's dwelling lionso. Mr. Cornell's Inventory to be laid before m-re in Council, Friday morning.10 next at ten O'clock, for whtich purpose an oflicer will. attend Mfr. Corniell to receive thie samne. GOV. CASWELL TO THOS. CRAIKE ES QR. COMR. STORES. [Fromn Executive Letter B~ook.l NiwN BERUN 6th iDecemb6r, 1777. SIn h-erewith you -will receive ta Copy of a iResolve of the General Assembly resf)ecting Co': John White's Battalion:.. You will 1)0 pleased to furnish the, clothing as th~erein directed. a am~i &ce. iRICHI-IMA CASWELL. It. CASWELL TO COL: J. WHITE 4:Th GEORGIA BATT'N. [Fromn Executive Letter Boo0k.l Ni,,w B'ERN 6th December 1777. Si-i Your letter by Ma,,jor Eustace I received and laid the samne with thie othier papers-by you referred to th~e General Assembly, who, camne to the IResolinition of which I enclose you a Copy whichl I hope will answer your purpose. RICIIA D CASWELL. STATE RECORIDS.69 693 GOV. CASWELL TO HENRY TOOMER COM. PROVISIONS. [From Executive Letter Book.] N11,w BERN, 6th iDecleniber, 1.777. Siun Enclosed I send you a Copy of the R~esolution of the General Assembly relating to Col. John White's B3attalion so far as comes under your department, you are requested to attend to anid perform accordingly. Iamn &c. IRICllAPZD CASWELL. HON. THOMAS BURKE FROM CORN. HARNETT. [From Executive Letter Book.] YORKl~, IPENNSILVANIA Dcc. 8` 1.777. DEAR SIn: I have not received one line from you since, I had the pleasu~re of se eing you here. As much as I do dislike letter writing, this is the fouirth of mine, 'in on~e of which I1 enclosed. one from M~rs. Trist. ShAe is -now at Lancaster, and "begs" (inl her letter to mnc of the 211() "to know what hias becomie of our'fliend Bu1irke." She and Mr.Ross were to have comne to this town on a visit to 'Mrs. Swoops, and my car-riaoe was to have b~een sent -for thern, butt the, capricious vixens have put it off for another day. M1rs. Tirist desires that when1 I write to youi, that I will "tender you her best services." Inclosed is a hand bill printed by order of Congress the particulars of which ~you heave perlia~ps seen. As to our Armny, -it is still neiar -Philadelphia, and we houtrly expect -very interestingp -news, as Gemti 11[owxe w-ith his -whole force, onI the 6th Instant, was in sightl of ovir lines andl a (-general action. houirly expected. The(, flower and force of the contend~ing parties are flow ready to engage. The enemy have drawn a strong reinforcenment froin New Yorkc, and Gen. Washington a much stronger fromt Gen Gattes' victorious Arrmy. I1 fear however we shall suffer ourselves to be attacked, instead of attaecking. This conduict 1 believe has oftern proved disad~vantageous. A Coinmittee of Co-ngress now at Head (Quarters, informs us, that our soldiers are exceedingly anxious to come to a 694 STATE RlECORDS. general engaogement, and are in high spirits. Who knows but this B3attlc may put a glorious end to the Land War in America'? The Virginians in Assembly, have set a glorious example to the Southern States and indeed to every State in the Union, by not only ordering a reinforceemnt of 5.000 Militiia to join Gen. Washington immediately, but also to fill up their Continental. B]:attalions with great dispatch. The recruiting Service ought to be attended to in our State in case of accidents, as nothing is to be expected from Pecnnsilvania. Should our Army be defeated, our utmost exertions will be req'lttisite. The several resolutions of Congress sent to the Governors of the States will. require particular attention. That of taxation, is essential above all. The credit of our Continental Currency depends upon it. The opening the Courts of Law, for the recovery of Debts, surely oought to be attended to. The call.in.l iin yomr paper Currency, especially that issued under the Authority of the 3Britishl Government (as a distinction is made, by the Tories and sordid Whigs already of at least 1.00 per cent. wh.ich in its conseq.uences nmust ruin our public Credit) ought to command the attention of our Legislature. Col. Martin has been tried and acquitted and has sinc(e resigned.:Mr. Penn and myself have desired the Governor to apply to the General Assembly to rceommend some one or more of our Colonels as Brigadiers. Our troops are uneasy, at not having a General Officer of our State to command them. You. know we have a right to more tllan one General Officer, should the Assembly think it expedient. I wish you and the rest of my friends would push this matter. Our Officers are exceedingly anxious about it. Col. Sumner writes to me that it is absolutely necessary. WTe are daily entertained by Memlbers of Congress, with paragraphs of Letters, giving an account of the surprising exertions of their Constituents. I beg that you wvill inform mle what has been done by our General. Assembly in this way. We have often been before theml, I hope we shalll never be behind them. Be pleased to tell AMr. Hooper and 'IMr. Melaine I shall write to them by next opportunity and hope to have it in my power to inform them of Gen. I-owe's defeat. STAT"E RECOIIDS.69 I ( P 6 v ej I wish to hoar fromn you and beg YOU. will 1)0 very iparticuiar in regard to wha is goiflo' forward in a Political. way. 6, n -1am with real elsteem, iDear Sir Your most obed't and. Hum. Serv't CORN. HIARNETT. HO0N. THOMAS BURKE ESQR. FROM CORIN. HARNETT.m [From Executive Letter B~ook.] Youx~, Peiinsilvania, Dec. 16 17Y77. lEi.A.-u SIR: This (lay I received your favor of the 6"' of last monith, arid ami ogiad to hear of your safe return to your famiily, aud. have also the pleasin-g expec~tation of seeing you again in Cong-ress. I wNish it was in m'y power, to give you such inteligoencee as I know youi wish for. Our Army remnained. almost inactix e at White Mlarsh, snethe affair at Gerrmantown, until thie 6t" instant, when. the Enemy marched with almnost their whole force in thre ntight and appeared towards nioon. in the sighit of our Armny, took,, post on Chestnlut Hill and other stroiig holds in that neighborhood. A genieral battle was daily expected, but neither of the Generals seemed inclined to quit their advan[tageous p)osts. In. the meana tinie some small. skirinishing en~sued. Our Mialitia wvith Geri. Irwin at their head, attack,-ed one of the Enemnies advanced parties, and a s1m.all fireing folflowed wh iclh lasted about fifteen uminu tes. Thley7 theni retired to our maiin ibody, with the loss of ten or twelve mnen kmilled. and wounded. AmonoLg the latter wvas Gen. Irwin who was taken prisoner, being advanced. too far before his mein. The Enemiy's loss not knowni. 'The E'4.nemy, for sevreral da,.Iys, kept np ai show of,attackinig our linies, ba-t on the '10"' filed off in. thre-e colu-tn''ns artid. returned to their IRedoubts. Col. ML.orga.tn wvithi his riflemnen had a very sm,-art action with a party of tire En iem, in in which hle lost mnore m-e-n than lIe( has lost in the whole et' Il)aig~n tI.,., t.wenty six in iiunryber. The E-iiemy munist have suffered exceedingly from the -fire of' these excelent mi-arksmItyen. (Ccii Washingtoni was informed by somne (leserters that their loss ini killed and wounded was -five hundred, but thiis account he th..Inks, ex aggeratedl. I tear i t w\vas. (16en. Howe's intentionin hi manoeuver was to have attacked ou~r Army expecting to find themi 696 STATE RECORDS. off their guard, but in this lh was disappointed and then by keeping up a show' in front with his Light Troops, he mnarched off his Artillery an.d heavy armed troops toward the City; soon after those in front filed off to the right and left and by a precipitate n1. arch, ontgeneraled us as usual. A larcge body of our Light Infaintry were ordered to pursue, but cou'ld.not comie up with them until they had got with'in the Lines: thus ended this affair. They have since sent a large body over the Scl.ulkill to forrage. The MaIlitia under G-en. Potter were surlrised, bu: t naintained a smart action with them for a short time, took several of them prisoners, bu.t lost an equal number, at least, of his men taken by the Enemy. This Ac(count colmes not from authority, but is believed. We have as yet no newspaper published in this town, otherwise I should send you some of themn. Since the Confederation has been finished, several reconmmendations to the Legislatures of the States have belen sent by Expresses, I need. not mention them, they will speak for themlselves. I beg you will ilform me of the temper you iind our Assembly in. Are they inclined to pursue spirited mleasures? For God's sake fill up your Battalions, Lay Taxes, put a stop to the sordid and,avaricious Sp)irit which infected all' ranks and conditions of men.. Reteglate the prices of all colmmodities, at least such as are imnmediately useful to our Army. Tlhe United States will not nmuch longer be able to procure them at the very exorbitantt prices they are now sold at. \\e hlave already received an Accolu.nt fromn Coniiecticu:t, that their State is nmuch dissatisfied with thle mnode in the Coonedration of fixin'g thle luota of each(l State, by thle value of lIand —Ntumber of Inlihabitants, iInclding S1lves, is their favorite plcan. A val\lation of all p.Irop)ertyr, tliroiugh.tout tthe Colnti.nent, was allowed to be the most eq(l.itable i mode for fixing the (.luota, but tllis was said to be)( i.l)practicbl)e. All. our foreign iltelligence indicates, thaltt Eullope will soon be il. a -filane. Let us not depend upon this. If we have Virtue, we certa:inly lhave power, to work out our own salva tion, I hope with out fear or tretmbling. I wish. I couldl i nform11 you of a victory obtained over Iowe; I fancy we nmust wait until stern Winter builds a bri.dge over the Sc'huy'lki. 11. Smalll palti es ofs o url Arimy however hl.ave been suc STATE RECORDS. 697 cessful in taking several of the Enemy prisoners. Ninety five arrived in this town the night before the last and three officers of low rank, they go on to Virginia to-morrow. As to the prospect you wish for, of accommodating Mrs. Burke here, I beg you will not think of it, be assured it is impossible. You will hardly be able to get a bed to sleep in. I should be very sorry to see my country woman in distress, which be assured must be the case, if you bring her here. No my friend, let her remain at your own peacefuil mansion, in expectation of better times. Be assured that my expenses, since I arrived in this town, a very little more than two months, have been upwards of $200 Currency, and I never lived in so wretched a manner in my life. I shall be under the necessity of procuring in advance from the Treasury at least 1,000 dollars over and above my allowance from the State, which is very handsome. I shall be content if this will bring me lhome with a single dollar in my pocket..Miention not this; if you do I am sure you will not be believed, but it is as trte as the Gospel. God only knows what this Coutntry will come to at last. Mrs. Trist is well at Lancaster. I have had great pleasure in corresponding with her, she is a sweet sensible creature. I shall forward your letter to-morrow. I wish yotu health, happiness and a good session. Withl Iunfei.gned esteem I ama Dear Sir. Your A.tfec. and obed't Serv't. CORN. IHARNETT. P. S. I am so harassed by attending Congress, the Treasury Board, the Coinmercial Committee &c, that I can hardly find time to write to my friends-tell Majt:or Hlooper and Mtaclain I shall write to theIm by the next Post. It is now eleven o'clock at night. I have not time to copy or correct. JAS. GREEN, JR., TO GOV. CASWELL. [From Executive Letter Book.] Sinl. SIR 1 -I have considered the offer your Excellency was kind enough to communicate to me respecting the purchasing sundry articles for 698 698 ~~STATE RECOR1DS. th1e Soldiery, a].d fined by a letter fironm Captain Bartleson n1ow at Baltimiore that IDeer Skins are selling there from 12 shilling's 6 -penice to 15 shillings in the hiair according to their qu11ality. Sole leather lhere, about 05 shillings, upper ditto Ii can. not a~scertain a price, biilt fromi' all appearances and the great call. *for those articles they wivill rise. The purlchaseC of those articles, in the manner they mlust lbe' bought and from a great variety of sellers mnust be attended wvith much trouble, and the-, necessary riding about to engage and collect them together wvill. be. exnensive. 1 theretore subm-it it to youir Excellency wheother 155 pe~r cent wi~ill 'be thought too unreason-able to the p.~iireha~sers as a Comipensation, for their Conmmissions, trouble and expense, in perforyning~ this business. Will it n-,ot lbe thoughit juistifiable, to give the~purchasers a latitude, in case those articles. shiould t~ake a rise, of' which I am apprehensive they will, whilst. they can by any mreans be conveyed up the bay. Say Deer Skins niot to exceed INs Sole leather 7s. U'pper ditto i' proiportion. Notwithstanding they mnay be engaged. to the best advN.antage. I arm voutr Excellency's oibdt. Servt. JAS. GREEN JUN11L. N ewbern, 1 tD )e C.17. G~OV. CASWELL TO SAML. CORNELL & JOHN LONDON ESQRtS. [Froni Executive Letter 1B ook. ZNW~ i) ElUN, 20th 1Dec. 1777. G- iN TL EAEN, You are lpernulitted to return~ to the Sta —te of New York ini the;.Brigran tine Edwards with MN-r. Corn dell an~d famifly, MNrs. Edwards. and her iDaughters. Mifr. Cornell has leave to tak,.e with him.- thme servants and~ articles mlentio-ned. in his, In vent~ory of the -IS"' InIs tanIIt. M11r. LO ndon. is lperinittedl to take with ihini1 his two servants. The Brigaritii..me EdwN~ards is to break ground. in ten d-ays fromiyesterday, and proceed to sela, so soon. as the wimids will permit, an' officer will. be directed to attend to see that imo other articles (see~ Stores excepted) are pUt on. Board., the said I3rigaiintine. I anma Gent1 your mo. 01). ser-vt. It. CASWELL.. STATE RECOR7DS.69 699 GOV. CASWELL TO HIS EXCELLENCY GENL. WASHINGTON. [From Executive Letter Book.] NORTH CAROLiINA, Niiv, [BERN, 21st Dcc. 1,777. The befarer M.-r. Ch1arles Forbes was not long since an Ensign in the British Service, hiad takcen somne disgrust on accoun.t of the treatmient lie receivTed fromt sonie of the officers, and thereupon- left the service, went to ]3)enrmuda, and from thence camie inito thiis State, with a design of entering~ inTto the s~ervice of the Uinited States of' America. By the advice of the Council. of State, lie hath been per"mitted to take an Oath of Fidel~ity to this State. I have also given hin perm-ission to pass to your Camp, and this is merely to introduce Mar. Forbes to yonr Excellency. He i~s an entire, strainer. I know nlOthillg mor1e, Of h.imY than1 wh~at is above. ]Please to excuse theo freedoim I have now taken. and believe inc to be with the greatest regard an~d esteemSir, your Excellency's nio. ob. servt. RHIC-ARID CAS WELL. WM. BORDEN TO1 GOV. CASWELL. [Fromn Executive Letter Book.] December 18th, 1.777. RESPEc~pi) FRIEND ANT) G-ovERZNOR C.ASWELL, After h-umble respects to thee I seemn desirous that there mighot be a thorough proof made on the sal~t \works, as the publzic might know how far to depend upon them wheni occasion which m1ay be,sooner thacn w\1e expect wh-iclim loo1.s likel~y enoughfl to me to happen so and for want of a lproof of this kzind thereby mnade, the Con'tinent ma,.y suiffer m~uchi, and is now sulf-erin-g, and by a mneans of thiis proof beihgo mrade, thie business uigho~t becomeo fracticable and~ famiiliar, whereby lr qattsofatiyigt be imrade, perbaps enioiugh to supply the whole Continent, whichb I think mnight be done by sundry works in miany lplaces, which would surely b~e the case if once( practicable. Now this salt 'bein,.g made on our own lands, and as it were at home, what a great safeguard this mui-st be I think. worth our while to imrake a full11 proof of the mnatter, n'ow I leave thbe Governor anid all the Asseniblyv to jid~ce whlether this 700 STATE RECORDS. business of so great importance, should be so lightly looked over, even next to life, itself-I think not by no means, now if the Governor and house of Assembly, should have a mind to carry these works on, I will undertake for you for 200 per year, and do the best I can for you, which I am desirous to do for reasons before mentioned. To conclude your assured friend, WM. BORDEN. Voi,. 100, Pg. 169. Field Return of Continental Army 23d December 1777. CD ~0 r.. 0 BRIGADES.; _ c. - 0 'd- 4.. q ft (^ Pic~os Mcnts *Xrt -X-altN8 6 4 -4 1 McIntosh (North Carolina-late Nash's.) 98 66 434 164 119.*X -* I * I SAMUEL CORNELL TO GOV. CASWELL. [From Executive Letter Book.] DI SI -- I am nmuclh obliged to you for the Indulgence you have given me of a few days more, but I expect to sail on Sunday next agreeable to the first orders. I am also very thankful for the papers yon enclosed. The eleven Barrels of Indigo of Mrs. Edwards, was put on board yesterday, as soon as you was pleased to give pcrmission. It will be attended with inconvenience to unstow it and take in tent, yet if the Governor cannot with propriety let it go-as it is on board-it shall at all events be immnediately l]anded. I heave sent my servant for an answer to this port, and am with great respect D' Sir, your mo. obdt. hiumr servt. SAMUEIL COIlNELL. Dec'" 26th 1777. STATE PZECOIIDS.70 701 *PRESIDENT HENRY LAURENS TO GOV. CASWELL. [Froin Executive Letter B~ook.] Yoini TOWN 26th Dec., 17,77. SIR, Mfy last was dated 3' Instant, hitherto I am. without any of your Excellency's favors. Enclosed with this your Excellency will receive an. address from. Congress dated 23d I.sattogehe wih n c of iResolves of the 20'1 directed to tihe Gener.,al Assem-bly of North Carolina, which your Excellency is requested to lay before the Hon..orablie I-ouse, as soon as possible. I have the Honor to be, Sir, your Excellency's mnost obedient servant, HEINRY LA [TRENT5, Presiden"t of Congr..ess. TO THlE GEN ASSEMBLY FROM HON. THOS. BURKE [ Fromn Executive Letter 13ook.] I consider the Congress at present as a General Counncil of Amnerica instituted for the 1)11ri~ose of opp..osi-ng the usurpati ons of Britain, couducting the war against her, and forminig foreign alleiances as necessary thereto. Incident to this must be thie General direction of the Army and Navy, because they are the, instr'u.m~ents of the war. Also for the providing time necessary funds for the disbursemnents, because wvithoiut thiei neither Armny or Navy can subsist. Also tlime m~aking Treaties with Foreign Powes ob idn on all the States alike and equally to affect them, because this is the essence of foreign ailience. This Idea of the Powers, 'use and auLthori~ty of Congress, excludles all coercive Interposi tions within the States respectively, except with respect to thie Armny and Navy baueteSatsare comnpete-nt to every exertion. of l)o\er wvithiin themselves. Also the appointment of ways and means for supp~lying, the Contingents of mien, money or other timings otherwise than by recommendation whichi always implies a power in the State to reject. Also the power of imprisoning or otherwise punishing any Citizen, because that is not necessary for the end of their Institution, and every individual is to be tried and punished only by those Laws to which hie consents. The Congresr frthsresn a * 702 STATE RECORDS. give no authority to any man or set of men to arrest or punish a Citizen, nor can it Lawfully be done but by the authority of the particular States. Also all pretence for continuance of a Congress after the war is conclulded, or of assuming a power to any other purposes-than that are above expressed. The Congress now determines by a majority which need not be more than live, and of which seven is always conclusive if the last mentioned exciusion be not right, the Colngress might engage the States in con.federacies, illjurious to all but.the conltinued mamjority 'Tis rmy opinion tlhat every State has a right to control the Cant.onment of Soldiers within their Territories, but as all the G-overnments, are not yet settled,' it might be inconvenient to say any thirng of it, and it is not necessary. Whenever a State finds occaIsion to exercise this right, I think none will be hardy enough to dispute it. But I believe it will be necessary for every established State to provide a mode whereby the Civil authority can interpose to prevent Courts Martial from exceeding their Jurisdiction. 'Tis true a Soldier expressly consents to be bound by the articles of war, and to submit to the martial Jurisdiction, but in all trials, tlhe first question is the Identity which must raise in this case the enquiry Soldier or Citizen? If the Court Martial can determine this question, it is in their power to call any Citizen a Soldier, and to subject him to Military Law. This evidently points out the necessity of the check of the civil authority. This Confederation is a subject of the highest importance, but not having yet passed the EHouse, except when in Committee, it seems it must not be laid before the Assemblies. I shall deem it my duty to examine every article of it with the most critical sc.rutiny, and submit my thoughts to the Assembly, and receive their Instructions. But I ami told by the President that it wrill violate nmy obligation of Secrecy to do this before it has passed tlie I-louse. If the Assembly agree witlh me in the foregoing Ideas, of the Power, use and authority of Congress. I beg leave to recommend that they instruct their Delegates not to depart from them, nor to colnscet to any act or resolve wlich shall tend to exempt the Courts 'Mtartial from the control of the civil power in the States. I am. not desiri'ous of these Inatructions in order to restrain the Delegates. I believe none of them evern without Instructions STATE RECORDS. 703 would -vote contrary to those Ideas, but as all questions are carried by a lMajority in Congaess, the state may perhaps be bound, tho' her Delegates should dissent, especially where the Insructiolls ar so general and Powers so indefinite as ours. I wish the state therefore to instruct, and by somel public act to disclailn being bound by a.ny resolves contrary to her Instructions. Without some thing of this kildl, according to the present Constitution of Congress it may be inmpossible for the Delegates to preserve the Independence of the State, from Encrolaelcmel cl ts fir by that constitution they are not allowed to protest or wenter t]:leir Dissent. These thlonlghts are l:humbly sl:ubm.itted to the HIonorable the General. Assenbly of North Caroliiina by their most respectftl lhumble Slerv't TIHOS. BURKE. YVol. 100, l P. 171. A General Return of the Continental Army encamped at the Valley Forge in Pennsylvania, under the immediate command of' his Excellency George.Washington, Esq'. De(r.31, 1777. IV.- * *+ +* * Some brigades have distinguished the men unfit for duty from ye want of cloaths, fron the sick present; others include thein with the sick present, and some have returned all those fit for duty who are well, altho' tbarefooted. * ' - '* TIM. PI CKRIN(G, Adjt. Gen'l. 704 704 ~~STATE RECOR~DS. [MOULTRIE'S MEMOIRS OF THE,, A-MERicxNN RE'VOIUTION AroiL. I. PAGERCS 188 & 189] Jan. 9th' 1777. The detachied situation of Fort Moultrie, Hladdrell's Point, this town, and Fort Johnson, from each other mnaking it necessary that th,.e clommiand of the troops 'be divided]; G-x'eii. Howe witll commnnand in towni and Fort Johnson; Gen. Gadsdeni at Fort Mloul1trie and Suilivans Island; and G4en. Moultrie to comimand the N~orth Caro — liiniaI.ns, at lladdrell 's.)oiTIlt. Gen. Mloore retiurned to -NNorth Carolin~a, afld left the command of the troops of that State, to Gien. Nash An express arrived -with orders for the North Carolinia troops to. mi'arch to the, northward. [ 13. P. R. 0. (No. 3)) Am: & W. IND: VroI: 484. P. 96.] Lord George (4erm-aiiu to G-ov. 'Josiahi Mfartin. WbTitelia1l 1,4th Janly'. 1-777. Youtr letter to mew of ~28"' of Sepr and thiat of- S"' Nov ei'nber by Capt: G-ardiner hav, e been. received a-nd l-aid be-fore the King. In. the presen~t circuMT.stances of the Province of N'orth Carolillfra it is whollyv unnecess ary to mnake any Observtations on the., several.Matters contained in these Dispatchies an~d as there is no prospect of the Re-establislhnen-t of legal Governmeont there uutil a sufri - cient Force can be spared from the, Ope'rations in1 the Northern Colonies. I have at your Brother's desire submiitted to Ilis Majesty the convenience it inight be to you weI~re it in yonr option to continue at Long' Islanid or returni to ETnoglarnd andl I have thec satisfaction to acquaint you that His Mafjesty is graciously pleased to grallt. you IHis IRoyal Licence to come to England anid I have the honourto enclose His Majesty's Sign. Manual for that purpose. I am &c: C-'EO. GERMVAIN. STATE RECORDS. 705 [JOURNAL OF CONGRESS, VOL-. II P. 30.] Tuesday, February 4, 1777. Mr. Burke, a delegate from North Carolina, attended and produced the credentials of his appointment, which were read as follows: North Carolina, In Congress December 20, 1776. "Resolved, That William IIooper,, Joseph IIewes, and Thomas Burke, esqrs, be and they are hereby appointed delegates to attend the Congress of the United States of America, in behalf of this state, until such time as the general assembly shall direct otherwise; and they are invested with such powers as may make any act done by them, or any of thein, or consent given in the said Congress, in behalf of this state, obligatory upon every inhabitant thereof. By order CORLNELIUS A-TANET, President. JAMES G-EEN, JUN. Secretary. [JOURNALS OF CONGRESS, Vo:L. II, P. 32.] Wednesday, Feb. 5. 1777. Resolved, That brigadiers Moore and Nash, proceed with the nine continental regiments, raised and directed to be raised in the state of North Carolina, to join General Washington; and that they begin the march from South Carolina, of such of the said nine regirfients, as shall then be there, on the 15th day of Mlarch next, and of such continental troops as shall be in the state of North Carolina, as soon as they shall be joined by the regiments which are ordered, as aforesaid, from South Carolina. That the troops be marched by regiments or parts of regiments, as tle cormmanding officer shall judge best. }Resolved, That the governor of the state of North Carolina, and the executive powers of the several states, through which such troops shall march on their way to headquarters, be requested to render them every assistance in their power, to expedite their progress. 45 ' 7.06 '706 ~STATE liECOIIIS. [JO URNALS OF CONGRESS, VOL. II, P. 32.] February 50, 1777. (Extract) iRe~olved, That a brigadier be appointed for the troops in North. Carolina, and that his rank. be dete-rmined when. the, other general officeers for the arriny are elected: Thli b)allot lbeinc taken Francis Nash. esqi., was elected. lRcsoivccl, That brigadier Nash use hIds personal influence iii the western part of that State, and, by every iie~a-ns in. his power, stii'mulate the inhiabitants, to inlist, and. to nrge the recruiting officers to be active in their duty, as it is a miatter of much importance to the commuom. cauLse, that thie six regimeinits, formnerly raised in Niorth Car-olinTa, should ble filled up, a-nd th-e three lately ordered, recruited to thieir full11 comaplement, before time 15t" day of I\Iarcli nIex t.I GEN. ROBERT HOWE TO GEN. -MOULTRIE. Charlestown Feb 23" 1777 DEAR Slit, T1hlis morning an. Express arrived fromi Georgia withi an Acconnt that a Detachment of Regulars of at least 300 men with a Body of Indians and East Floridians makin~g in all. about 900 or 1000 men had invaded the frontiers of Georgia, attacked one of the -forts which.,after a gallant itesistanTce was obli-ged to surrender and that they w7ere ad vancing fastI in~to the State and that some of the forts were about to be evacuated and th~at anI immediate and considerable Support. fromt thIs State was absolutely necessary. U~pon this inform'yationI I thought it proper to call a Council of War, b~efore, whichi I laid the information I had rec-ei ved by Express. The~y were unanimiyously of opinion. that the troops ought to be mimediately sen~t. Th~ley further took into (consideration. the presenit situation of aflfairs, and it appearing that the enem.,iy heaving advanced with Artillery thro' sucht a length of Countr'y, could n1ot intend a mere temporary Invasion in~to the Country, that lnving been. joined by suLch~ a B'ody of Indians -who as the Cherokcees were -treating, -must be the, Creeks, that thus a Creekc war wa-Cs I'MImedfate and inevita STATE RECORDS. 70(7 ble and that in that case without a very considerable Body of Forces to act instantly Georgia must be lost, & the Inhabitants of this State, on its frontiers massacred. Added to this that the Liglht Horse of Georgia had refised to do duty when ordered so that the Battalion men not consisting of more than 400 men were the only troops to (lefend that State, that the number of disaffected in that Country, who if the progress of the enemy is not stoppqd, wouIld undoubtedly join them, the probability that the attack on the outpost was to be seconded by a Sea-Board attack in slort that the critical situation of affairs madee it absolutely requisite to suspe:lld till your pleasure could be known, the march of the North Carolina Brigade. The Governor and Council also met on this occasion and gave it as their unanimious opinion. they should be detained. Great as my concern is to suspend the order of a superior Officer & particularly as that Officer was gone, I could not upon an occasion so urgent, and upon advice so forcibly given avoid it, especially as if the reasons are not satisfactory you can easily overrule them and as the only inconvenience on one side is a few days delay; and on the other should the troops not be detained fatal consequences may answer. I should be glad to hear from you on this occasion in a Letter particularly directed to myself, as I shall be in Georgia for which place, I am on the brink of setting out, and it will give me great pain should you disapprove my Conduct. That I acted for the best I am sure you will do me the justice to think. Your several Letters for this State had better be directed to the commanding Officer for the time being in Charles Town. The Troops set out tomorrow morning I aml Dear General with every wish for your happiness Yours sincerely &c. ROBERT HIOWE. GEN'L ROBERT HOWE TO PRESIDENT HANCOCK. [Letter (Genls. Sullivan & Howe No. 160. 1,. 348.] Charles Town 26th February 1777. SIR General Moore, who left this State the 8th Instant, gave you, I doubt not, a detail of Circumstances down to that time. Since that he has ordered the Brigade which he brought from North 708 STATE IRECO TT)S. Carolina to return. When they march, this Country will. be left with no Troops but those incomplete Battalions which immediately belong to it, and srwhich, by the returns I had the honour some time to transmit, will appear by no means e(qual to the defence of this place. In my Letter to the Publick of this Country, a copy of wlhich you have, I ecnldcavoured to point out some of those Circumstalnces which I thought imade the defence of it of capital impor.ance to the common cause, a-and also what nmust one time or other imakec it an Object of attelt:ion to the Enelmy. The nature of its Coast, so fatvorablle to the approach of sImall Vessels, yet so dangerous to MI.en of WaTr, tihe variety of Ports at which tradinrg 'Vssels hlave such a nunber of clha1nces to get in, the lmeans of Traific whlich its produce affords and t.he spirit of pursuing it which actuates the People, must make it (indeed has already ma(de it) a place of aliazing' Trade, and a MIart from which sister states not so happily situated, have beeen, and will be under the necessity of obtairinilg supplics. These are Advantagecs so very beneficial to our C(ase, iad so highly injurious to that of the Enemy, that they must see the nlecessity of depriving us of them, if possible, which cannot effectually be done but by takin.g possession of Cllarles Town, alnd wheinever they think proper to attempt this their Attack will probablly be c formidlable and sudden; all aid therefore which is to be sent for may arrive too late, and make it requisite to keep constantly a respectable IBod y of regular Troolps in this State, not less, in my humble Opinion, than Sevenl or Eight Thousand Men, nor will that number, I am persuaded, be thouglht too many, when we consitder how va rios ai.nd c( xt.ensive the necessary lines of defence are, how numerous the bl.lack )Domesticks who would lundoubtedly flock in multitudes to the Banners of the Enemy whenever an opportunity offered, how uncertain at any time, and at present hlow unfavorable the disposition of the Indilal Tr'ib)es on thle back of tlhis State and that of Georgia, who, if they fell upon the Country in that Quarter at the same time that an attack -was made upon tlhe Sea Board, they would certainly deprive the latter of the assistalnce of the former; added to this the deplorable weaknless of the State of Georgia-on every side assailable, almost in constant need of support and too remote to receive it fromn any other State than this; all which makes it apparent that less than the number I have STATE RlECORDS. 709 i09 mentioned will render the safety of t'Ris valuable Country, as well as that of Georgia, exceedingly precarious.-I hope, Sir, I shall be excused this liberty which the Office I have the honour to fill made m-ne feel it my duty to take. I beg leave, Sir, in a particular manner, to recnrnmenld to your notice the 13earer of this Letter, Mlajor Connor, fromt whose attention to, and knowledge of bis Duty thie service has received considerable benefit, lie is so intelligent and so well acquari nted with every circumstaice here that I need not take up any more of your til Oe. I have just now r-eceived information, by Express, from Georgia, that a Party of the Enemy fromn Saint Augu-Istine, consisting of Three hu-Indred Regnlars and as m-any East Floridanrs and Indians as make up about a Thousand, wi.th some cannon, had attacked a Fort of ours upon the IRiver Sattilla, whiich, after a brave resistanee, was obliged to surrender: ard that they were deterniined to pemetrate still further into the country, that many Circumstances seem to indicate their efforts 'Were to he seconded by an attack upon the Sea board, and it was feared they would be joined by the diseaffelcted in. the State of G-eorgia, of which, I amn sorry to say, there are i'-iot Ca few. I heave ordered- what I think a sufhicient Detachmrent to rnarch. fromi-. hence tomorrow morning, and shall immediately set out myself. I have the honour to le, wNith the greatest respect Your m...ost obedient hiuimible Servant RlOBER~T HOWE. I-Ionblle. Jno. Hancock. [E-ndorsed] Letter, from Genn'I. ELowTe at Charles Torwn. S0 Carolina. 26 Feby 1.7T7. ilead. 24. M'arch - Major Connor to be desired to atteond the -Board. GEN. NASH TO GEN. MOULTRIE. Mlarch 9t`, 1777. The express returned last night and brought a letter for Geon. iHowe, which I opened, not kinowving you were iii town: you will 710 710 ~~S TATE r 1ECOllDS. receive it by the bearer and find that there is a necessity for thie INorth Car-olina troops mi-arching, inmm~ediately. With yo-ur p~erInission, I will. gYive the nriecssary orders for preparing for a m1,archl as soon. as possible: you will therefore imuch Oblige me1 by signif'ying your orders, in- writing oil the sub~ject. a am & c. F. NASH. To Gen.. M\oultrie. FROTH RECORI)S OF CRIA.VEN CoI. STATE OF jNoRTvn CAROLINTA.. At a Conrt of Qn.(arter Sessionis afnd the Peace, Beguni an-d H~eld for- tIhe County fCaea h Cour.It Thouse in Neiv Bern on. Tuesday the 11t' day of Mfarchi, in the year of' our Lord 1777, and i-n the first yvear of' tie, Indepen~dence of thiis State. An ordinanice for appoiniting Justices of the CounIty Of Cra(1ven bei, read, the fIl~owinog G-entlemen lbeing namied. in. the Conunmission of the 'Peace, appeared, who having been qtuaIclified, ag-S)reealble to a Dedlin-us from 11is, Excellency Riich1ar-d. Casw\.ell, Esquire, C''oyer-nor, &c., of this State, took their setits o-n t-he iBench; viz: JiVames IDavis, Alexander G~aston, IRichard Ellis, Jacob Johnison, John. Fon~viellie, Williami Carrawvay, John Ti~llma~i.iB~azil. Smith, William -Bryan, Williami Tlisdal e, John Gill iard, Esquires. rfhe Court prcee onrinate and appoint a Clerk, when Chiristopher Neale being proposed wvas un animo u01sly chosen and appointed ais snch, an~d took the Oath of' Allegianlce to the State, and the Oath of Office, and entered. into -Bon d with sufficien~t security for the Faithful discharge of his Duty in Office, which Bond is to be lodged in the Secretary's 0f11ce. John Brycan, Esquire, w~as uinanimi-ouisl-y n~lulinate(I and appointed Sheriff of th-e Counlty o)f Craven, and therenpou. hie prodnced a Commission. fromr ilis Excellency the GIIovernlor, w-!hich b~eing read, the said John IBryan, Esquire, took the Oath of Allegiance to the1 State and the O.-athi of 011ice, an~d entered into Bond with John Tillimai, JohnT B-3ryai-n, Trent, & Williani Carraw~ay Securitys in the snin of one thonsaiidd Pounds for the Faithful iDischarge of his Dnty ini office,. John McGraw was appointed Cryer of this Court. STATE RECORDS. 711. GOV. JOSIAH MARTIN TO LORD GE-ORGE GERMAIN. [B. P. t. 0. America & West Ind: B. T. Vol: 313. P. 305.] Long Island near. New York. March 14th 1777. AM LORD, I have the honour to represent to your Lordship that the 13earer MA' Robert Nelson late of North Carolina MAerchant has uniformly conducted himnself as became a loyal subject during the RIebellion in America and I therefore most humbly presume to recommend to your Lordship's favourable consideration his unfortunate case set forth in the AMemorial lie will present herewith in full confidence that it is a faithful narrative of his designs and misfortunes. Your Lordship will perceive that whi le th is unfortunate sufferer was obliged to submit to all the ordinances of the Rebels in order to rescue property ont of their hands with a view to the discharge of his just debts in England he thereby made his vessel and cargoe liable to seizure and condemnation under the late act of Parlianmelt and that after undergoing all the persecution of the Rebels in North Carolina being taken by one of their Privateers and escaping out of that danger he is finally ruined by falling into the hands of his Majesty's Fleet at Rhode Island from. which lie expected aid and protection on making his honest story known. This case, my Lord, appears to me of so compassionate a nature that I cannot withstand Mr Nelson's sollicitations to bring it to your Lordship's knowledge and I am hopeful your Lordship will hold me justified for interesting myself thus far in the matter. I am &: JO: MAARTIN. Rec'd 7th June. SAMBL. JOHNSTON TO THOMAS BURKE. [North Carolina State Papers No. 72 p. 21.] SHayes 17"' March 1777. DEtAR SIR Inclosed you will receive the Governor's Warrant for 500,00() Dollars agreeably to Resolve of Congress, dated the 22' of last 712 712 ~~STATE RECORiDS. month, previons to which on the 12"" I drew in favour of Jacob iIlount Paymiaster for 250,000 Dollars. I yesterday drew in favr of M~r Jamies Green Jun" for 17,500 Dollars in 24 Setsr of Bill to wit, 3 of 2500 1)0Trh', 2 of 12050 Dol Irs,1 4 of 625 Doll`, 5 of 500 Dolils and 10 of 2,50 iDo'lirs of Whichel you xviii please to acquaint the Treasnrer. We hiave iiotlhigo here worth~ communicating. I shall be g'lad to hear frorm you at your Leisure and arir with great IRespect & esteem Dr Sir Your most Obedient Servant SAM JOH-NSTON. [Addressed] Thomas 1Burke Esq'r at B-altimore. [Endorsed ] No Carolina No 5. JOHN EATON TO RICHARD CASWELL. [From MS. Records in Office of Secretary 8f State] Dobbs County, Halifax March 18t' 1777 DiR. Sin, I amn sorry after the pains that I have Taken to Find that you are much displeased with the Chair you- Puirchast of i-ne last Congress. If youi be 11rnemefblered after you. p..mre-hased your Chariott I applied to you to be paid -for the Chair which you denied at that Tim-e. One Josephi Waid F-yomr Anson County wouldl have G4iven mne 44 proce. for it wvit the. H1arness that that yout offied. You in. time First platce Find Foit of the Shaffs b_-eing twvo Short by al Foot —Six Foot froni the First Cross peace to the End is a,- Lono'g as anmy I EIver mae ndi yousis not that Length I Clonfess I have Committed a blunder, yout Con.demn- theHleI-1 of time Other w\ork without Condesending to a-ny Perticuil.ars. I Can. venture to 5avy that if its not a Good iPe-ice of work it was not Entenided-The Harness which you Find Folt of-I Canit pretend to Say a-tny timing about, afs I am a Bl).eadg to purchase thiem For I. have not anl op-e-rtinity of irnaking themi Mlyself-the Chariott Harness I have not Got as yet 'and as theo Chair Harness was So bad Should not Likoe (the price of the Other Chare, will b~e ~40 pIrock~. with one lilarimess) to be Concerned with the Getting themn For Fear I Mairy not E_~qui~t Mlkyself of that duty-The Other Chaire you Spoke For I amn again you. are not Int STATE RECORDS. '713 wTant of For if that was not a Good Chair I Confess I Cant Make One Better The Shaffs is the Length that I always Make them:and the Harness and Other Trimmlings is as Good as the Times will aFord I am Sir your very Iumble Sert. JOHN EATON. N. B. If you Expect the Other Chair you Must Rite by the First Opertunity as I Shall do nothing to it until I hear From you as I wish never to do a peice of work Unless I Can Give Satisfaction if any part of your Chair is Give way From the Badness of work I will Repair it with out any Expence. SAM McKENZIE TO HON. THOS. BURKE. B3altimore April 5th, 1777. Doctor Thos. Burke in Congress Philadelphia DR. Sit:I wrote to you a few days ago by your boy but had it not in my power to send him. by the conveyance I expected as some of the passengers had not the small Pox. I hope to be able to send him this morning. We have nothing but confusion in this place they having settled the rank of officers in such a manner that most of them have resigned, I mean such of thern as are worth Retaining in the service, I sincerely wish some method was fallen on to redress this grievance. I have had a great dea'l of tloluble in procurinig Medicines for thle i-ospitals but have succeeded beyond my expectations. In my.absence Mr. Griflith did. not supply the people with proper necessarys. IIe drew upon lme for what cash I could spare and afterwards quit acting without giving me any Reason or settling his accounts, I have appointed 1Mr. Mr. Vashon of this Town. to act as Quarter Master for the Iospitals. I'um convinced he'll do his duty. A Major Daves who arrived here a few days ago has ordered his men to M[arch from the HIospitals without my orders or a Proper Discharge, if any th-ing sihould happen to the men le's to I 714 STATE RIECOIIDS. be accountable. I shall senid you. an account of all that has been traiisacted in my Deptartinent, in a few days I ami Sir You~r 1-lumnble Servt. SAMK. M-\cI(ENZ! '.EI COLON1EL JOHN PATTE N To GENE'RAL WASHINGTON O.NL THE DIFFICUIATIES OF RECRUITING. May it iplease your Excellency Inciosed is as particular a State of my.Regiment as I can at presemit obtain. I have several. parties -now on their marchi for' this place from the Country and ani providing Cloths, arms &C. for them,1 in albout ten' (lays I. shall have oneo full Comipy ready to march. The Recruiting' Service gooes 01n very slowly,- Mvy Officers are gone to all p~arts of the Comn ry where I thought there nmioht be a probability of success. They all complain, of thle expense attending. that service, & thi.iuk the allowance of tenl shillinlgs for each~ man they enilist, & ten shilling~s per week for their sub-sistence, too little to defra-y the charges that they are obliged to be. at, every thin~g bein~g so extravagently dear irm-I all. parts of the Country. The Board of War -for this State have passed a resolve, the 27th* M-Iarch allowing th~e IRecruiting Officers of thec twelve ilegiments, to be raisedl here, four dollars for every able bodied nian they enlist after that iDate, who shall pass inumster, in additiou. to any form'er allowance made by Congress or tliis State. I wouild beg to kniow if the Officers of my IRegiinent are to be allowed iu like manner for men that they may en'list. I have the hionor to be, Your Excellen)CY,'s Mlost lI-ble Servt JN~O PATTEN, Goloneh. Philada 7th* April 1777. STATE RECOR~DS.71 Ir15 GOV. JOSIAH MARTIN TO LORD GEORGE GERMAiN. [B. P. R. 0. Ain: & W. Ind: Vol. 222 No. 7.] Long Island near New vYor-k April. 9th 1777. MT.Y LORD, I have the honor to -aknowledge the Receipt of your Lordships Dispatch N" 3: enclosiinig the King's Royal Licene to me to Teturn to England that i4lls M-Kajesty has been graciously pleased to grant in consequence of your Lordship's most condescending and obliging attention to my brother's representation of the convenience it may be to me to heave it in my option to remain here or retrnlT to that Kingdom and I beg leave my Lord to embrace this first occasion to mnake my 1)est acknow-lvedg'ements for this mark of your Lordship's consideration wxhich I am persuaded mlly brotier will feel as sensibly as I do. Full MYy Lordi of the expectation of great events in the approacihing Campaign ai)(l flattered by soine amendmnent of my health. that has been exceedingly inipaired by my long com111huleent on shipboard I resolve as your Lordshiip has done inc the lionor aid favor to leave ine so much at large to wait hiere the issue in great hopes of its aff'ording nie opportunity of returning to my duty in North Carolina and I humbly hope this my determination- will meet with your Lordship's approbation. I think it may not be improper to observe to your Lordslhip at thiis time that thie Memnbers of thle Council of No Carolina so far as my Informnation goes hlave maintained their ahlegiance. I hlave heard however that the only soAn of. M MCuloch. and some near connections of Mr1' Sampson have taken open'l aUld violent parts in Rebellion, some of the British Mlerchants too, My Lord, in that Colony dreserve my best report in particular _\fr Andrew Mller Mr John llogg and M" John Criden which last named gentlemian engaged at the utmost hazard to supply the Loyalists withi provisions at the time of their taking arms. I have the honor to be with the highest respect Mly Lord - your Lordships most obedient and To thle ERight, most hmumble servant Honorable Lord JO: MAR.TIN. George Germain &, C [Ree" 5"' Jne.] 716 STATE RECORDS. SETTLEMENT OF RANK OF OFFICERS IN 3m) REGIMENT. HIalifax April 14th 1777. Agreeable to orders the Officers of the 3rd Regiment of North Carolina Continentals troops met at Mr. William Marftin's in Order to settle the rank of said ERegt. The several Officers being called on to ascertain the number of men enlisted by them agreeable to a resolve of Congress held at Halifax Apr1. 21d 1776 it appears to us that Jacob Turner is entitled to the first Captaincy, Pink Eaton 2nd" Do., James Emmet 3rd Do. William Barrett 4th Do. Thomas Granberry 5th Wm Brinkley 6th Do. John Gray 7th Do. and Daniel Jones 8th Do. which was agreed to and signed by each of them in Presents of Wm LINTON JAC. TTUNEIt JOHN GRANBERRY PINK EATON JAMES EMM3I'ET N. EI)MIUNDS TII:OS. GRANBERRY. CHRISTO. BACKEY. JO()SEPI: CLINCH DANIEL JONES. The Officers then proceeded to recommend snch Persons as they thought proper to fill the Vacanceis of' said Regt. and place them in the several Comnp'y Accord'g to their rank Jacob Turner 1st. Capt. Kador Ballard 1st. Licut Jas. Montfort 2nd Do. Anthony Hart Ensign James nEmmet 3rd Capt. Math Wood 1st Lieit Etlheldrig Dance 2nd Do. Charles Coleman Ensign Thos. Granberry 4th Capt. John Alidins 1"t Lieut. Johln Mlorphes 2nd Do. Jethro B1enton Ensign William Brinkley 5th Capt. G Bradley 1st Lieut William Fain. 2nd D)o Jonathan Butts Ensign Pinik Eaton 2nd. Capt. Jos. Clinch 1Est. Lieut. William Linton 2nd Do. John Cl.e ndenen LEnsign. Daniel Jonres 6th C(apt. John G-ranlberry 1st Lieut Wil.'lianm. R.shwo'nn 2nd Do lub.in Yarlboroug.l Ensign James Bradley 7th Capt. Christopher Lacey 1"t Lt. Henry Vinc ent 2nd Do Charles O'Neal Ensign Nichola s Edmnn lds 8th Capt Edward Yariborough 1st Lt. John Tillory 2nd Do. Mathew Goodrick Ensign STATE RECORDS. 717 Whitfield Wilson is recommended as Quarter!Master in the room of John Tillory Apr. 1777. Signed and agreed to by JACOB TURNER JOS JOHN CLINCH PINK EATO()N [MATH. WOOD JAMES EMMET G. BRADLEY TIOS. GRANBERRY JOI-IN GRANBERRY DANIEL JONELIS CHRIST. LACKEY JAS. BI:ADLEY EDWA D YAR BOOUGH NICHOLAS EDMUNDS JOS. MONTFORT WMTi. LINTON E. DANCE JOHN MTORPHES JOHN TILLO-RY LJOURNALS OF CONGRESS, VOL. II. P. 94.] April 15th, 1777. [Extract] Resolved, That an allowance of 125 dollars a month be made to brigadier general Robert Howe, to commence at the time he was left by major-general Lee, to command in South Carolina and Georgia; the said allowance being considered as necessary to defray the expenses of his table while he commands there, and to continue so long as he shall be in such collmmand. [IDTEMr. 297.] October 20, 1777. Resolved, That brigadier Gen. Robert IIowe, be promoted to the rank of major-general in the army of the United States. That Gen. R. Howe's letter of August the 29t' last, relating to the general hospital in South Carolina, be referred to the medical committee. N..... 718 718 ~~STATE IRECORDS. [IDEI\IN P. 438.] February 10, 1778. The deleogates fromn North Carolin~a laid before Coin-'~ress a resohtition. of the general assembly of that state, recomiriendin g Col. Jethro Sumnier and Col. Thonmas Clark, of the North Carolina forces. to be.. el~ected brigadiers. LETTER TO GEN'L ASSEMB3LY FROM GOV. CASWELL. [From M'S. Reco~rds in Office of Secretary of State.] -MR. SPITAKiE-1 ALetter from H-is Excellenc Go. eryo the 11 'Insan Acecompameis th-iis, whih elvith the Copys of Letters therein referred to you will be pleased to Com-municate to the I-louse of Common ms & thenr send them to the Senate New P3ern. 15 April 1777. IR. C. The Houble A. Nash Esqr. Speak-er House Comfmon~s r Seal of the I [ST1ATE OF Nowrm CAROLINA.I State of LN. Carolina J To Dem-iecy Gregory Gkentl.", Greeti~ng. We, reposing special Trust an-d Conifidence in your Patriotismn-, Yaloutr, Conduct, and Fidelity, do by these P~resents constitute and ap)point you. to 'be Captaini of a Company in a 'Regiment Cornnn~ianded. by Colonel. Abrflaham Sheppard to be raisedl in1 this State for the defence of Amrerican Liberty, and for repelling every hostile Invasion thereof. Youi are therefdre carefull~y and diligently to dlischarge tie Dic Ity of Captaint by doing anid performing all maimncr of Things theren nnto belonging. And we do strictly charge and requ.~i~re aloffTicers amid soldiers under your Com.-manld to be obedienit to your Orders as Captaini. And you are to observe and. tfollow suchll Order(:Iis, a-nd Directions, fromn Timle to Time, as you shall. receive from your Sitiperior Officlers,' acceording to the Rules and Discipli-ne of War, inl piii'~uanee of the Trust reposed in. you. STATE R~ECORDS. 719 WitLness Rtichard. Caswell, Esq; Governor, Captain-General, andi Commia~nder in Chief, in and. over the said State, under his Hand and Sea] at Arms, at New Bern, the Nineteenth day of April Anno Dorri-ni. 1777, and in the first year of our Independence. H'Et. CARWELL. By HIis E'xcellency's Comm and E. Glasgow See. ABNEIR NASH TO Newberri April 19th 1777 DEAR SIR, I had the pleastire to receive yonr -favour by' M1r. Barnard and thiank you. very mun-chi for the a'ttetionl!0' You p,'d- to the, affair- of the Brze1riog Iianovra ouss ted anappeal has taken place 'but not from-i th~e quarter ot whi. yon tre'at, I mrean the, state- but on1 behalf of the owners of the Letterf of m..arque Sloop who pretended to sieze lier- as the trial hiappened but a few days before -the mneeting of Assem.Tbly M~r. Coor the Collector thought it but a Complk-imenit due to the ktate to enter an appeal that the Assem-. bly maight have it in their power to proceed thereon or not- & the A-ssembly not choosing to take up the mnatter, nio seeuiirty was ever,entered by the Collector nor any step taklen further so that the matter died. As to anyq clainm onl acct of the State indeed all ranks and degrees of people, the Disa,(ffected onily excepted have warmnly 'expressed their desire that the people should have the earning's of this risk & labouir- &, had the Court of Admiira~lty decidjed inI favour of the Pub. I have no doubt at all. but the, Assembly almost wt. a uinanim-ous Voice, \would have bestowed the prize to the menCT- and] I hiope andI flcatter m-yyself the Elonourable body of whl. you Care a nieniber will. upon a hearing think the J-udgement just and Equ itiable & confirin thec same, ageeale, oteeea wishes of every lbody here- two Days ago C~apt. Davise InI the *emulploy of Mlr. Stanly arrived froi.! the French West Indies- he, brings an acct of a matter simnilar to this exactly- a vessel of thme -United. States put into St. Th-om-as's thie Capt. wNent a-shiore & the maority of the seam-nen being Englishi they m'lutinied. lashed a plank,on the Blows and told thle mate to take hiis choice either to walk;over B -oard or iuavicrate- that vessel into Trbo1l)),i the latter alter 720 STATE RECORDS. native of course was embraced- the vessel carried into Tarbola condemned & distributed among the seamen; this the young Gent son of our printer and of exceeding good character offers to make, oath to and I believe has or is to do. Mr. Folger agent for the people on this appeal is furnished with, a Copy of Petition & resolve of our General Assemb)ly respecting. this alfair by wh. it appears that the State has no claimns nor any means to set up any- tl"iy have ordered the money to be paid over to Mr. Ellis the People's agent subject to such decree as the Congress shall make between iBarron & Co & the people on trying the appeal.- I hope it is not improper for me to express a wish that the Congress may dispatch this nmatter soon- with regard to news this way I am to Inform you tis my full -Belief the Assembly will not open 'Courts nor even make a Ct. Law this Session most of the menmbers being averse to such a measure in the present unsettled state of affairs- our Assembly have paid a Comlpt. to our worthy Delegate Dr. Burke wh. no private man has experienced beforea new County taken froml Surry is called after him- a warm struggle is likely to take place between Mr. Penn & Hughes for a seat in Congress my belief is the former will sucle::ed we, have Elected and last Saturday proclaimeed our Governor Caswell & the Council of the State we fare all harmony & a perft. good a.greemut. as far as I can see is likely to prevail in our I-louses of Legislature I have no more to say but again to recolnmmend to your prying mind the Case of these poor men. I remain with very great regard & Esteem Dear Sir Yr obedt Servt. A. NASH. COL. ALEX. MARTIN TO COL'S POLK AND SUMNER. To Colonels Polk & Sumner of the NIorth Carolina Troops Petersburg. Petersburg, April. 28th, 1777. GENTLEMEN If you should want Provisions or Money Win. Call in Behalf of the Continental paymaster & Commissary General will furnish you with either, you drawing Bills for that purpose-I know not: "STATE RIECOR~DS.72 721 wN-hat sumis you should thinkl necessary other-wise I shoul1d heave drawn for you; but niot m-ore thianl oil e mnonth's pay for you r mnenI recommend to you to draw-please to hurry after mle with all Expeditiona. I shiall wait for you at Fredlericksbutlrg orIDilnmfries. I am gentlemlen -Your most hum1-rble 8, Se rvanlt ALEX. MAIJRIN, Cols. Sumneor & Polk GOV. R. CVSWELL TO AIR. GREGORY. Mr. Gregory will be pleased to get Mli-s. G-reory).to Qualify a s Admr. to Win. Veal dee'd & hiave the samie Certi-fited by the MAIagistrate who takes her Oath, arnd send such Certi-ficate to the Secietary's Offi.ce or to mne, when the Letter shldl. be failled up) and sent to him lby such person as he meay thi-n1k proper' to direct IL CAS WELL. 1st Mfay 77 [Noniu CAROLINA STATEl' PIAPERS, No. 72rT. 71.'1 S'UATE' OF NORTH CAROLINA In. the. S8ena"te 9th MN-ay, 1777. Resolved, rflat it ibe recommen~ded to the Conigress to take into the pay of the Coniniient, the Artillery Comp~any of this State. InI the IHouse of Commlyons, 9th MAay, 1777. Conicurred withl E'xtract from the Journal of the Hou~se of Commionls. J. GLASGOW Secretary of thec S'tate. GOV. JOSIAH- MARTIN TO LORD GEORGE GERMAIN. [13. P. R. 0. (NO 8.) Am: & W. hInd:Vol.: 222. ] LOngf Island near New Yori. Mray 1t 77 MY LoRD, I have the honor to informn your Lordship that onl a Re-Zview olf 46 722 STATE RECORDS. my Carolina Papors which my returniing heallth.las lately enabled ine to make I hiave met with a kind of conciliatory overture that I received in the. nonth of January 1776. and as I have he'ard it has been umisIapriehended iby some persons here I thinkl it proper to com.innmilicate it to your Lordslhip eveln at tlis lat.e period to obviate tle possibi lity o:f misrepresenttItion altlhonug, I conside-red it of too trifling a, a.ture to desIerve no otice in tl he propelr order of time. Tlhe propositionll y Lord to which I ref4eCr is conta.inod in a Letter from a.I M' Malrice ooe of xlhi(ll liand of my answer theltreto I lhae i lhouor to enclose CopieS to your Lords]lip hererwithl. I. a to.in: ir your Lordship tlt M' oore's letterl was brouglht to me a persio. owho:acn0intcd mie -it was pwished emy ianswer mnightt 1e ca'lculated for the inspection of the Commnnittee of -\Til1irnig'toni \\vIlicl it \\rwas sul)losed it Imuist necessarily undrlc'go fromi the sa.o n'ie ssclngrc. 1. undterstood -it was tlhe great object of.1i1' Moor 1,y this letter to open a wa, y to a personal interview witl me' ii wh.ich ('lI i]e intended( to com.niliunicate a pldan 11 hae d forimedl for th!e accominmodlat.ion of tlhe differences subsisting bet'ween Great 3ritain and ier:Amnrie. can colonies. Knowinrl the man to be a mrost whimsical visi iolnary in politics ant.( thait lie wtas strongly tinctured.witil:pelpn:ublicanismn, iil)ibed it nmay bc sulpposed irn his education in Nex Egland I conceivedl no great hopes, My Lord, I confess tlat any addmissible plian of reconciliatioln couldl proceed from hinm. I had my idoubts too of his being authloriz(d at all or tlhat lie would be trusted by the People of tlh cololny to ilegotiate for them for altho' his partts a(d extensive connections in the Country gave him. pretelntions to consid(erable influence in thle A ssenmbly of that Province it was remarkable that his caprice and fickleness had. ali ways disappoilnt.eld his anmbition to take the lead in that branch of the Legislatiure insomnuch tlhat it is a.verre(d he has never carried a single point there of any imlportance in a course of upwards of twenty years service wli.ch is the more sorprising as lie ]has been evermore a zealous votary of the bubble popularity. His part in the present rebellion was long as undecided as his political conduct has been on all. otlCer occasiOns for aftie entering two of his sons in the rebel army he hias affected to speak at times with disapprobation of xviolent measures as I have heard. I have thought it proper to give your Lordlslip these lines of MI MAoore's character and before I take leave of the subject it is neces ST ATE TRECORIIIS. 723 7233 sary I inform your Lordsliip that owing to the -neglect of m-y messenge~r whlo t~rulsted my answoer to another hai.id it did not reach him 'until tie Lovalists were in motion so that I heard no more of him or his political speculations wPiinch I have no (lonbt will be found if ever they com'Ie to light as wil-1 as anIy thingl) tile frenzy of the present tirnes has producedl but altliouoh this wkas my opinion from the beginning I tho-ught it adviseable to s'l~ew every dispod ition to receive fa-vorally wr iatTe y r advanes were iniade under the sanction of thle people th.1at loo'ked like desire to return to their dluty and I flatter mnyself your Lordship w6ill1 thin'k that I acted corresponding'y and that I gave as mnuch encouratgemnlt to Mr' Moior~e's proposition as it deserveti or was consistan1t wit-h my duty. As I consider it may be hereafter of' publick utility thlat your Lordship sheuld knorw how little strength Governmne.n t hbas derived. firom iat-ent Offices executed by IDeputies in tile Colonies I huave the honor to transmiit to your Lordshiip hierewvithi the copy of a letter.1 received fromi M'r Samu..el Jolhn-ston, Deputty Naval Officer of \1No-.rtli Carolina, in answver to a letter of inine suspending him fromn hIis Office of which yonur Lordsdlp will <also receive a copy. I n to give it as an instance toy 0111 rLordship that the iDeputies of such Officers ackznowledge no dcpenid nco on, or relation to, Governiment whence it happened often I hIve no doubt, as in the case of Mr Johnston always, that the weigait derived fromi these ofhices was emn ployedl to embarratss instead of aiding Governm'1en1t wiliell thn1.1s forged armns acrainst itself. M-U Johaston, MN'ry Loid, ilad a good Ipi vate character in (eference to whichl and to the Opinion of soime of his friends that 1ie would take a lpalt of moderation I forebore to suspend hini nutil lie,.appeared as Mroderator of'a Provincial. Congress and accepted -foron that illegal Assembly thie Oflice of Treasnrer of the Colony notwithstanding I had found him uniiforly in opposition to every measure of Governmnent during my administration. This Gentlemen, My Lord, was educated in New England where as in tie other case I have mentioned it may be supposed lie received that Bent to Democracy wh.ich lie has manifested Upon all occasions and more especially and most crimninally in contending as a Lawyer as confidently as ignorantly agoainst the Legality of the exercise of the acknowledged Prerogative of the Crown to constitute Courts of Judicature at a 724 STATE lRECO1RDS. time the Assembly perversely rejected repeated opportun-ities to establish Courts by Laws of their own through obstinate adherence to an -i-nadlmissible provision that applied only to particular cireumstances thus becoming a princil)al inrstrul.ncnt of dethroning Justice in 'NTorth. Carolinta full two years before the total subve'rsion of Government by I:ebecllion which in that Province may al.most l)e said( to have been forerun by alnarc1l(y. It is certain however thlat the Asseinbly wanted not thle counitenance of a Lawyer's opinion to renounce the chloicest blessings that shoul.d flow from Prerogative. The over indulgent concessions whichll the genterosity of. Goverlnmtent was wont to:make to these frloward people, AM]y Lord, almost in every i rstance tlihat they contende(l they as ungratefu lly as preosnl.ptiously ascribed to othlier causes and it was becomle:a mnaxim wiith. t;hem that thley had onlly to oppose obstinately.ay regulat.tion of Government to lha ve it revolked. In sh.ort:My Lord, the compliance of Governmlent had reduced it to a very IP'lhantom irn the Colonies while the continual! usurpa ti.os of tlhe Assemblies had ddrawn al.l real power and( energy into th leir own h111ands 'till at lt ntin e i fut llnl ess of vainiiy tliey TalntonTly tired. of that relation to l:Britain to whlich they owed all their iprosperity in all. the Col.onies except tlihe 'l'oridi..as: Ibel'eve M..Ly Lor1(. IBut in. N~' Carolina I 1am sure the Assem;(bl y a had aIrrog(ated s1uch absolut:e authlori.ty over tlhe nPublic Imoney wi:ith regt'arld to the custody and disposal of it thl-at tihe "Kimn g's Governor in the,1relatest eimlerogen(cy could not draw a shill.i. ng out of tle Tr'easury a circul.mstance whlich I presume to mienFtion to yo!r Lorldsli.p as one that iln my humble opinlioln mlay deserve attelltion. at t(he 'restoration of. the XKing',s Governlmrclt in the Colonies wheln I1 conceive it will be on all accounts aldvisal)le to reserve to His IMja.jesty's Governors the righl t of alppointing tlie Provincial] Treaslurers. Ilaving been led, IMly Lord, to t.ake notice thlat the power of the Crown to constitlute Courts of Justice in tlie Colonies had been called in question I thinlk it proper to olserve to your Lordslhip that experience hath evinced the utility, if not tlie necessity, of erecting Courts of Jldicature in these IProvinces by the Prerogative. Wherever those first Institutions of Civil P]olity have bcen left to the Assemblies to form they are either very imperfect or depending on temporary laws as in iNorth Ca-rolina the administration of Justice has been liablle to total suspelension from soIme caprice of the STATE RECORDS. 72.5 Assemlbl.y inT rTelati(on to themll In this Province of New York where the Courts have been establisned from the beginning by the power of the Crown tlley hlave never knlownl an interruption of the course of Justice. They are modiel led and( regulated as nearly as possible upon the plan of the King's Courts at WTestmiinster. Thle Assembly lhas been wisely contented to enjoy the benefits of these Institutions anid hath never oflered to interfere wsith them farther thanll to reulatte their.)roceeding's in certain cases b)y Laws oni account of solme local necessity. Alth}ough the very igh a n td important departnlent your Lordship 1low fills will necessarily ]Icve turned your attentionllll ore particularly towards Colony Affairs it cannot be doubted tlliat yoiur Lordship's general knowledge of tIhings must have ma de you ac(qulninte(d with the feebleness of Government inl these P.rovinces and have shewn to your Lordship how m lluch it has favoured if it may not be said to have indcleed thle:present Crisis and as at the restoratio of order it nmay becomne nmatter of your Lorl'dship.'s contelnpl:)tion how to st.renlgthen it suiiiciently I most hu11.1mly 1 )beg lea.ve to suggest one exped(ient that may be employed vwithl great good e:flecet iln North Carolina, it is nmy Lord to abolish the ()ficee of Clerk of the Pleas that is an absolute sine-cure and to vest iin his I1Majesty's Goverenor the power of appointing Clerks of all the Courts as wTell inferior as superior. Heretofore it belonged to the (Officer above named by the tellor of His Maajesty's al.)poi'ntmlent. to constitute both the e the oether lbt the Court Lamws lhave al.ways vested in the Chief Justice the appointment of the superior Court Clerks whichl the Lords of Trade objected to and by their Lordship's letter ibearing date lDec:''t 12th 1770 instructed MA' Tr1on then Governor of North Carolina to tlake c(are when the subsisting Court LawNs sho-ldd expire to have that power reserved to Hlis MaTjesty's Governor. With infinitely grieater reason and. advanTta(ge, My Lord, the right of appointing the Corunty or (Inferior) Court Clerks should reside in the same hands. These Officers of which there is one in each County soon acquire an ascendancy over the Magistracy of their respective Counities and by the maniifold duties which the.laws hlavG accumula..ted u.pon tlem obtain prevailing -i nfluence over the People, hence it happened,.My Lord, that as many of' then as pleased got into the Assembly wlhere they were almost constanrtly found iln opposition to Goverlnment recognizing m 726 STATE RECORDS. no sort of obligation for their employments. The ofiice of Clerk of the Pleas has been always odious and his power has never been properly acknowledged in N" Carolina The County Court Clerks who have accepted his Deputations have done it rather throllgh courtesy than.any sence of necessity for it has been contended that the lpowNer of appointing Clerks was legally vested in the Courts and thle Clerk of the Pleas has foiund it his interest to comlpound for the adn!ission of h.is autlhority upon at'ny terms ', glad to stipu-late with his Deputies for a small )portion of their annual p)rofits. If his authority had been. thoroughly established it would have been an1 advantCage to him as it would have enabled lhi.nl to falrm his Offices to the best' bidders but that would have been detrimental to (Goverrnml nt which. would have born'le all the relproach of its Olificer's venality. T:is subordinate ()ficer of Governmrent (called Clerk of the Pleas by his Commlission has power to appoint thirty tllree Cleiks in.N~ C(aro.lina whil os elmployments are worth frioln Tiwo to five, six and seven hundred po-1inds(l currency p': annl. whi.ile the King's -G'overnor there lhas not a single office in his disposal1 of the value of tile most contelmptible cl erklship and Governmen t hias not derived a grain m of wevighlt or inlflulence from. tellse desirable anld imnuportanttll appointmentsn bec.ause they have not ilowed from thle Kin g's Governor, in lwhose hands where' they could not be ve.nal they would strengthen it exceeding1ly In thlis Province of INew York tl'heir Offices hlave Ibeen always in the Governor's disposal I llad formerly the honor to propose, as I have now done, the abolition of the Office of Clerk of the Pleas and the only obije.ction made to it was that it would be a lhardship to deprive tlhat Officer of his appointment without imputation of imisbehaviour of whliclh I could not but feel the force in the case of M1' Strudwlick the present Clerk of the Pleas vwh.o is a man of merits. Since that time My Lord I found occasion to recommenem d M' Strudwick to the Lords of the Treasury for the office of Receiver General of HIis:Majesty's.Revenues in North Carolina in the roomi of ML[ Rultherford. who with many good qualities is exceedingly unqualified for that office as His Mlajesty's Auditor General can inform your Lordship and if the Lords of the Treasury shall be pleased to accept my recommendation of Mir Strudwick the Office of IReceiver General will be ample compensation to him for the abolition of that of Clerk of the Pleas. STATE R lECOlDS. 727 It hlas been already tllhught adviseable, Mly Lord, that the power of ap'pointing Sherif-s should be vested in the Governor of North Carolina as it is in this iProvinc(e buLt in order thereto it will be necessary the Law of that Colonly o-f the year 1768 Intitiled "An. Act for appointing Sheriffs and directing their ditty in Office " be disallowed so far as it relates to the appointment of that (fficer as in effect it gives the power of a)pointing Sheriffs entirely into the hands of the J'ustices of the Peace. who have most shamlefully p)rostituted those imlportant Offices. Whenever c(rcum.'I stal nces shall draw your Lordships attenltion to the affairs of i'N Carolina your Lordship will fitnd there are two Laws of that Province of the year 1774 tlle one Intitled " Anl Aict for establishling Inferior Courts of 1Pleas and Quarter Sessions &o the olther "' An Ac(t to establish Cou.rts of Over and. erle iner and General Gaol delivery & " to which I assented for the sake of preserving so s e slio of: an admini storationl o-f Jtustice whlle the Asselmbly wounld neither malke or admit any b)etter provision for it, tliat are fit to be recommenllded for His ifiMajesty's ltoyal d(isal. lowalce since thley will otherwise )by tlheir own Limitation endure to the end of aI future session of the Assembly. Notwithlstandi.ing all m1atters relating to the civil Go vernllent of these Colonies.nmlst 1)be co.nRsi.deredl at present as rere su.bject of speculation I lhave thoughlt it my dut hly.ll to souggest to your Lordship such circumstances with regard to Noorth C(arolinla as I have thought llmay deserve your i ordsh.ipl's notice lwhlen the tiime arrives for reformi.lng t'he Colonl.y C onstituliio.ns that is a lmost stIupendous and in,,Lortalit worlk wl'li(:h seells r(served foir your Lordslip to accomplisll. I am to beg your Lordshlip pardon for omitting to rep)ort in its propert ' l).'ace that I found opportunity before I lef-t N~( Carolina to signify His MaIjeosty's most gracious pardon to the Insurgenots tliere except Iiermon Husbands pursuant to the power granted to mne by His MIajesty for that purpose. Captai.n Tunes who was to have been the BIlearer of my Dispatch Nl~ 6. I find,.My Lord, was detained lhere by Sir William H-owe's appointment of h]imn to an Office of much utility aTld consequence. I have the honor to be with the highest respect M[y Lord Your Lordships m1ost obedient and most humlrble servant JO: MARTIN. Rec' 10ot July. 728 STATE RlECORDS. JUDGE SAML. ASHE TO HIONBLLE THOMAS BURKE ESQR. AT LANCASTER. By Favour of the Honble Cornelius Harnett Esq. C.APErl FEA:lr:I June 7th 1777 [DE)A.R.t SIItR, I scrawled( youl a line of little consequence frorm Newbern;; I can do o more now, as there is not a syllable of News here, worth Colnmunlicati.ng to you. I ami induced to write because I wish to correspond with you, thlo' I fear mry a, nxiety; fort the public Cause, will nlakle ime tiresome in the repetition of my request for intelligence of Tranusactions in the bu sy part of thle worll where you are, as well in the Cam'Np as Cabinet, especiall.y as I wish to have your Judicious remarks with them. I presnumei be-lfore this, the Armies on each side have taken tie field, and a busy scene begins to ensue; G(od grant us a favorable event. In my last I mentioned some men of war, being in. here, -it seems they only touched to water & render us what mnisclief they transiently could, and wenit out again. These Visits mnigllt be made disagreeable, if not altogether prevented, would your W\Teste1rn members lay aside their' local. prejuidices, alId( consider thll True interest of the whole state, and su.ffer us to have a fort there, till this is done we may not expect a trade, the wa.nt of whihll they also will be sensible of in time. I earnestly hope the pleasure of a long Letter frorm you' by every opportlunity. WTisThing you hea.lthl and happiness I remain Dear(t Sir Yr. most obedt. Servt. SAM. ASIHIE. Thomias. Btrke Esqr. [JOuIJI.ALS OF CON CRESS, Vo,. II. II. 162.] llruesday, June 10th', 1777. [Extract] Ordered, That an extract of Governor Caswel.l's letter of the 20t' April, be transmitted to general Washington, with. a recommlendation, provided the general. has not already appointed commanding officers to conmplete the sixteen additional battalions, that Colonel Abraham Sheppard, of North Carolina, be appointed to the cornimand of one of the said additional battalions.. STATE RECORDS. 729 A Morning Report of Colonel Sumnler's ])etachment June 11t'', 1777. I f C. Off icer. Sta ff Non Comm'ld ank and File... I__ iI j _ ii|,-i -i ii I I,o,. ~s i__ oreors. ofro's. {, eg t S ~ |. I's...........ii i...................... 1 1..............i ()MLPAN[ES. I i I 1i2; I a; 1 C 9 $ a '. ' ~ II __ _ tj'l('.I' 1 3............................ 3..... 3 I _ Nich Mlinoia -)Deserted )yestc rda: mrorning froni GuCri' d o1 Cipt. I larriss's mp'........... James Matson, Capt. l —arriss's 1Co1 np-ny, at 3urden T —ow- sic k. Bern'1 Fowler,1st Sergt. in Philladelphia sick. XTnW. McEntire of Capt Doheity's Co mp' at Burden Town sick. [JOURNAS O Co Cs, O. II... I. P.i 169.] l.......i... 1...Jun e 17., 177 31 -Resolved, That the battalion dlirected by the State of ANorth Carolinae to le lraisetd yender thle command of Col. Abraharm She p pard, be admilltted on the conltiental establn ishIenr.t an c onsideled one of tle sixten bttalions hich eneral Washinh stoin wk.as epowetre..to.rai.se. an( comission; the sever al stiplations ad1 conditirons by the said State p)rovided, rela tive to the said batt'lio. being obslerved; and tat the salid Colonel S tepp.ard e of eretld, as soon as 300 rank and file shall be inlisted illto hi.s said )attalion, if ~Car~olinaL, to be 1~aised Itnder thic comynri land of C 2ol. Abraltatri She3 p bei'hg observed; and that the staid Colonel Shi'ouard be ordered, at mwithin. the time by the State of Nlorth Carolina stipulated, to join General VWashington with all possible expedition, leaving proper officers to recruit. To Willianm Wilkinsonp Esquire in Wilmington froIn Con IIarriett CON T IxNTIEY B131RIDG1E 13 J11.n 1777 DR SIR I hope to be near Tarborough this night, the weather has been '730 STATE RECORDS. so very sultry that Travelling -is very disagreeable indeed-let Mrs.. Iiarnett know I am welll-This Billet is indeed for nothing more than to inforrn you that the Justices at IIalifax New Bern and several other places, lhave behaved very Spiritedly; many of the Tories were Ordered to remove, and are selling off their effectsI think the New IIanover Justices sllould send ilmmediately To New Bern for a Copy of the Act of Assembly, this has been done.in most of the.Counties-Do not neglect it, other wise let your Justices be ever so well inclined to serve their Country they will be at a very great Loss. I do rot su1ppose tlle Great mant. wr:ill s1ufifer me in my abselce to be Elected a lMel..mber for Our Coi1unty, should it lha ppen I will serve. I am Dr. Sir your friend & hunll. Servtt C(:)l-w~r X3[Lxl<-N9~'L rZr CORN HA RNETT W:illiam Wilkinson. [N out'r1. CAIROLINA S1A'.tiE, PA1 ErtS- No. 72. P. 29. ] "Extracts from:l a letter firom Governor COa- CswCll to.Mr. Bu3rke ( Delegate in the Co(.nitnental Congress), dated 17t Jlne, 1777. I have ordered tele offirers wit tci e nth thei euits, IDeserters and Invalids to attend( at hlalifa.x, the '10 t of jll'ly, ill order to march, if required, to Join the principal. army, and at the same time promised pardon to all Deserters who shall thlten join their RPespective Corps. The General Assembly have resolved to reconmmend it to Congress to put the Artillery Companly ont Continental Establishment, they have about 40 to 50 men inlisted for three years or during the War. If it is thought convenient to put that company, as well as the Regiment now lra liing by Coll. Sheppard, on the Establishment, I submit to Congress if it will not be plrudent to Join that company to Sheppard's 1attalion, and order theml on. I know it. will be very agreeable to te O to e Of s to serve together. STATE RE~CORDS.71 731 PET1T,1ON OF JAMES ISPIVEY & OTHERS. [From MS. Records ini Office of Secretary of State.] N". Caroliiia Pitt June 28t' 1777. To His Excellency. Rich-'d Caswell Governior and Coimniander in Chief over, the State of N~orth Carolina. To 1-is Excellenrcy 1tichiard Caswelli. Esqr. Governor and Coinmander in Chtief, in & overi tlic State of N(0. Carolina. We the Subscrib~ers hereto inost Hlinib] y S he weth, Hopoi-ei g you r Excel.lency will. onant uts sonic Redress th::at are mnnch IDis'tressed bv Two V agabonei yomng men, tmat' Reso01ts ohmr Neighbour-hood Necar the li-ne of']Pitt arind Dobbs, on littic Contenutney, as their umanuer of living is by pilfering and, Stealingot I.logs, whichi has been. proved 'against them-r, & sheep, & l.)ells, & anythini-g they Can, & doing M-.ischief to peoples Creaturbes, they bothi haffve been. Drafted Twice, & ruin away, & lay out first iin- one-, Counr~ty & theni in the Oth-,1er, til~l the Comipanycs M-achit, & theni they will skuflk about and & lbe at their Mishie aain, they i~na'K 1 their b~rags that they will. not goe into tire Service, they Never are Sub.je. t to any Mfilitary IIisi.. pline1 whatever, they Never assign any Test, their Niames is William Larm~bort., & N~oah Smnith Wh~iite thiis Ia'imbort, & his -Brother, by all account kcill'd a mnan to thme Soutithw ivr.d, & Ilun. away for it, his Bror, listed in the Service (and des di & this followed the sarme Exercise there, & Now whien any offimIer' (Comnes to talke thiem thej(,y shift from~ one County to the Other, & so keep out of any 0tf Officers way, they Generally keeps privalte and lycs out, Except amiongst their fiivourites, your Humble, pertitiou.iieis, beg your Excellency if you please, to give somec Order fr-omi nuder your lhaiid, to take themi. -if 1Possnible, & have' them1Y put ill th evice, that they mnay do some good *for their Couintry, as they are Very Prejudicial to this place, we uminbly beo, your E'xcellency, Patiently to Rleceive our Unworthy Comnplaii.mt, as it will Rzender mitch 'Satisfaction to this Neighbourhood, to be freed, from thre Tyranny of snek Pestilent fellows, here is one inore, wxe hlope your hlonour will give us leave to Inform yonr Excellency of one Henry Lamnbort, Lately Conic in the place, & is a great Confoderate of theirs, lie has Lately Deserted the Service 'at Chalmres Town., we would Humbly 732 732 ~~STATE RECORDS. beg your Excellency, to give us Sonic ad-vice what to do with him, as we Expect hie will follow the same practice, as they have no Estate, nor follows no Occupation for a livelylhood, Scarcely, & H-opeing your Redress, your ExcellenTcy Perti tioners, as in Duty bound shall. Ever prays J'OII N F INM 1AiN JACOB B'LOUNT WMl WHIlT FIELD SOLOM2O-NN SATTON his niark -IJ_0hN SOL. T HG0S. I3PN C KSO0N his -1niark -1 THO- 0S. F INM ALAN II3ENJAAMi\N' BLOUNT SKM I'-PSONI POWELL ANTHION~Y TONQUETT PldI C l'D MlA YO WX~ILES WILLI AMS JAMES J3RACKSON jun JAMES ROBERTS Sen. JAMIES S 1PIVE Y TIIOS. HPTRDIGGIN'S. [FROM MS. RFcORDS IN OFFICE, OF SECRETARY OF STATE'.] State of North Carolina 13elaufort County July 21( A. D. 1777 Tfo the field Officers of the Eight Regfiment of C~oitincental foot of the State GE N TL I'TEPEN Being well. acqmuainted with the Character & liabilities of the Bearer Mfr. Stephen Owens; I would. reconmmend him to you as a sensible, discrete young Mlan well. affected to the American Cause STATE -RECORDS. Of good mnorals-and deserving prom~otion in the continental. Service-fle went with me Ad~jutanit of a Company of Militia to Cape Fear, in which Expedition lie b~ehaved himself wvitlh that Discretion & manly Prudence which ldid honour to himiself & the Company in -which hie was in-If there should be a Vaclancy iii said IRegiment, his promotion would be gratefully esteemed by G-en tienen. 'Your Obedi~en-t Servt. HENRY IBONNEIR [JOURNAL OF CONG-RESIS. VOL, IL. P. 190.11 Tnesday, Jnly 8, -17'?7. Resol~ved, That brigadier general Nash 1)e directed in-mlediately to repair \with the Northi Carolina and Virginlia forces,- now inl and about Philadelphia, to lBillingusport, thiere to remain unntil 1"fUrth or orders; and that these troops, witl~i the irillitia, fromt Pennlsylvan.-ia, and New Jersey already ordered t-o th~at place, hie emiployed in. comrpleting thle works for the de-fence, of the river Delaware. Ordered, That11 M,1ich ael Tliiilegas, esq. eon tin ental treasurer at B-altfimore, forwvard, un~lder a prop!er guard, 300,000 dol~lars to theo State of North Carol0ina, being part of the 500,000 dollars voted to that State the 5`1 day of' February last. [11mAT. P. 3)3.l February. 5" 1777. Resol-ved, Thllat 500,000 dollars be advanced to thle State of North Carolina, uipon a warrant froin. tl.e governor of the said State for that sum, the said State to be acco-untable. '734 734 ~~STATE RIECORDS. [RTEPORTS OF BOARD OF" WAR 1776-77-78 VOL. 1 No 147 P 251] At a Board of War 1O", July 17,77. Mlembers present Mr. Jno: Adams. Mr. Harriso-n. 'Mr. Wilson, AMr. Cliiier, MAr. S. Adai~ns, &.Mr. IDuer. The Board beg leave to iReport to Congr(~ss. That the Artillery Com~pany in the State of North Carolina be taken into th~e pay and Service of the Conttinent as part of the Qu~ota of the Troops to bel raised 1wv that State & be ordered to Maflrch & joini Gen1 Washington. 'Extract f"romi the MATinutes. RICTIARIt) IPETERtS Secy. [F ROM MS. RECCORDS IN OFFICE OF SF-CRETXNRY OF STATE.] ]Roibt. Smnith Esq r. (King Taminiiy) To His 'Excellency the Governor & The( iHonourable Council at Halifax SIR, I caine here on purpose to do myself the Honor to wait on you in Council, to have laid before youi tlhe 1ii~closed inventory of the, King Tamxiny and her Stores, of which Vessell, the last Assembly at Nlew B3ern thought proper to appoint mie Coininr'd. It. wVould app)ear from their Resolve which IL only rec'd about three weeks ago, iminalttencled with any instructio-ns from.he,.. y intended, the King Tam miy shou-ld be fitted out for the m-erehan~t Service anld chiartered to the Continental Con-gress & by them- to ibe insured, not consideriTmg that I acted for Cong'ress and by that appointme~nt would iii. fact be chartering for m'yself a XVesseil from mnyself. I have however since I received t'heir iResolve, had her hauid to a Wharff, her l~a-llast thrQwn ou.-t (and hove 11cr down and cleaned her 'Bottom which tho' a good deal. hurt by worms is in- mutch better ordler than I coul1d haeexpected.. I' had enI-)cgagd some hands at-the wages giv:on out of the port at the, timei of her sailing, STATE RECOIDIS. 735 but on looking over the Resolve mentioned, I find I amn authorized only to allow such. wages as were given the 7tl May. since thal t, wag'es have risen mulch, and may possibly still rise more before she sails. I inclose the Resolve for your perusal. After the foregoing state of the matter, I sulbmit it to the consideratiou of your Honourable Board, andl beg leave to olserve in General, first thalt somle merchant should b)e conlmissioned in Edenton to fit out the Tarnilly and execute the Charter paSrty with me. Fronm him I will:.chaterter hier fr Nantz, 1Bordeaux or Port Le Orient to return;ll here with such Cargo as the Conrtinenltal agents in those parts may think best to Ship on bolard her. I will ellart er hecr by thle nmont'!, and on behalf of the United States insure lier at the value may be agreed on untill her, return, the ionth4ly lhire to be paid on her return and in case of lher beinig lossed the hire to stop the very day it happened. Or the Coun.il may commnission three men well ac quainted with Vessells, and their value, to set a price on her and her monthly h:ire or wages & i will take her at that as before mentioned and execute a Carter wit]l you —in this last case,.whi ch will be attended with most trouble, the papers should be sent down as soo'n as may be, as she must lye idle till they conle & with them his Excellency9s dft. on the Treatsurer for Five Hundred pounds which I think the outfit will cost. at least. In the next place if she goes on the Voyage above mentioned she willi not have Occasion for but a small part of tlhe Stores, say 4 of tlhe Smallest Guns, 6 Sweivle and about 10 muskets and Ammn:ln ition in proportion. Ten men before the mast would be Sufficient, orders should be given about the remains of her Stores. I have t.he Hlonor to be Sirs Your most obed. & very I-ble Servts R()ifaBT. SM1IT HIalifax 11th July 1777 736 736 ~~~STATE P-,ECOIIDS. JOHN PENN TO GOV. RICH'D1 CASWVELL. Phi'lada. July 12th 1777 DE Ar SIR, Hlavii.ig been iii-formned that the Troops belong-ingo to our State could not p~art with the oifiley tliey brouight with themn, but at a very great l oss, -I)octoir Buirke and mnyself thought -it reasonable to exehange -with the MNen, by giving themr an equal nul-mber ot Con~tiniental dollars, which M.Blunt at our request did, ainountiug inl the whole to 2485-2 — dollar..-s agree~able -to the inciosed list-, w\~e hop~e the money wv~ill be of use wi-th you, indeed it wv.as lost to the Soldilers hier,,e. We have Iim.ployed Leient. John Alklen to Conducet the monley fron Bl~atimore an.,d have requested M1-vr. Helligrass to dispatch him acs soon as possibly hie can. You will receive the above q'1uantity of dollars besides th-e 300,OO() sent by the Congress, the whole is to,be Conlducted at the expenee, of the Continent. It is still uniclert'alm what Gen~eral Howe m:1eans to do as he. remainis b)etw-een Stateni Island S& New 'York. Gerd. B1t~iiroyne ~is ini the, Neighborhood of Tieonderog,1 1i' ormi nota a(.fraid we shall not 'be able to keep that -Fort Youir son is very\ well, our Troops are njear- thiis City waiting for Ge Il. IIowe in( I..Ivelfnenlt. With great respect Iam 'Dear Sir 'Yo ob. Serv. JOT-N PENN Doct. Burk-e was out of the waly so could n'ot Csign this letter. These are to Certify that Mr. Jtaies Ward was appointed, and Acted as Surgeoni & m ate to the 1st B3-attalion of No. Carolina. Troops, which office lie Discharged the D)uties of fa-ithfully and to. Satisfaction, till lie left the Service.JNLO FE'RGUJS Surgni. 1s —t Battalion Wiliniriigton 1 4th July 1777. STATE RIECOiRDS.77 737 FROM GOV. CASWELL TO DR. THOS. BURKE. NE-N BERN 1.5t Jul1y 11777 DEAR SIR 'Your favour of the 24t"i Ilto. containing the -very agreeable account of Geni. Io-owe's retreat f~rom the Jerseys, I have jiast received, the particulars of that i nteresting10 aflfair I shall anxiously expect fromn you. together wihtepealn Opin ion ofCnrs w ith respect to H1owe's next attenupt, whether to the Eastward or Southward. His late Conduct I flatter myself will, be, no advantage to Britain, on the Contrary I amt at presenit inclined to think great B1enefits may accrue to America, However of this 110 more t~ill we see the Conisequences. I1 hv ice the rising of the Assembly the 9th of Mkay last wrote you. live or six letters. In. y our1s, you do not mention. tlie receipt of an1y One of them, the, Assemifbly tookC no notice of -your reqjuest to -visit your F'ai-nily iin the, Course, of the Sumlmer, lbnt the opinion of tile 'Council -was that oni theo arrival of the oth er de legates at Con~gress, YOU in iglit withdraw from-i that service for awhile so as not to 'be 'to o long.( absent. 1. wvrote yo e-etil h oe o Ibc sent here, Colo. Shleppards B-attallion & the Artillery Company. M,-dr. 'Penni unidertook. to hiave thie nioney Voted by Comyrcss to tihis State, or at leliast, suchl part of' it as htad nlot been drawn for by the Trea~surers, swlit immre(i ateiy ou~t, on his arrival. at 1l.-hiiad.elphia, whiere we had not a dou~bt but hie would have been before the end of MAy. I hav e recei-ved a letter frorn himi of the 241" June in which hie taleos not the least Notice of his underItakcing. I inform'Ted you noth-ing coul'd be (bile Ilere in thre recruitin~g Bn3tsiness without M-oney, and.i. now I beg your attention to that sub~ject-If have granted. warrants t-o one(, or mrore., of th~e officers of every Copn howr efnti State to recruit, such of them. as Applied to the Treasury obtained Bills onl the Continiental. Treasury untill a Sum~ Limited by tile Asserrnblv was all. drawn. for, a few of thicn wvere ailie to get MFoney for their Bills, many others have tilem still by them and thiose who (lid not apply in Timne have not the least prospect of gr(ttinp, 'a fiarthing 'till the Arrival of the Mfoney from Con~gress. Under these circumstances, that iRusin ess must go o-n very slowly. I1 directed. tbi" t, 738 STATE IRECOTDS. officers with their recruits, apprehended Deserters, and late in valids to Assemble at Halifax the 10th Currt. when I had great expectations the Money would be here to pay themn off & intended sending all on to the Gr3anid Army, except a few officers to remrain here to recruit. Thle MNoney not arriving 1 do not well know what can be done, indeed.I have not yet received a return from the Commanding officer, but Hourly expect-it. Colo. Sheppard's lBattallion was directed by the Assembly to be raised on the follolwing plan, the Comnlmanding officer to name all the officers, th.e 1Battallion to )be on Continenttal establishmnent, 300 AMIen to he raised by the I.s of July, in wthich case, the MIen to draw pay froml the Tim.e of enlist:,melnt & the officers from the date of their Conid.-These officers who have been very active and have made use of their own money, Borrowed or otlherwise 1)procured it on their own Credit, have leen able to enlist the 300 men within the Tinle Limited andl thle Colo. has orders to Assemble them the 20)t" Instant vwhen I hoped they would receive their pay & Clotlhing whllich would (be an encouragemenlclt to others, in this I fear they as well as myself, xwith respct to tile pay, will be disappoi'ntd. The Arti.lleryx Compan y wpas by Assem bl)y requested to be considered, by Congress, as a C olliinctl mpany, alnd thle (Council recommended to me to relquest it mriglt be added to Colo. Shepi:1arl's or some otiler 13ttallion, as they have neither paymaster nor Surgeon and l(i lny other i.nconveniellees arise on account of their nlot belollgilng to:ally particular Regiment-l- e pleased, Sir, to obt.ain the sense of Congress respecting Colo. Sheppard's B1attallion and the Ar-tillerv Compalny, hllether tlhey are to b)e considered 'as Continelnt.al Trroops, if so, if the Artillery Company is to be added to Colo. She)ppard'(s or any oither Battallion, if Shepl:pard's Battallion is received as Conltinentall whlether it slhall be ordered to the N'ortlhward or if t ely sliall lrelmain here to tendeavor to Coliplcat, as I fliatter nyseli mriglt tbe nearly thle case if suelc permission is G'ran ted tlhem twNo or tlhree months longer-pardon me dear Sir whven I1 once more entreat in the most earnest nan ner that you use your utmost eCndeavors to furnlisht us with mnoney, without which you know as well as I do little clan be expected from us. Mr. H-arnett I hope will be arrived before this reaches you as he set out several weeks ago but I understand intended to inoculate for the small pox on the road, and I am sure will give you his utmost STATE RECORSDS. Assistant e, ii~ii. Penn lia s engaged his to the Assembly, I am told. Very little conversation passed between himi & myself on pu-blic mattctr, for reasons known to himself and which you may perhaps form some conjectures of. The Letter for ily son, be lpieased to forward, aniy Advice yon are pleased to give him, I lope will be gratefully rel]) d. and therein you will. particularly oblige him wN 1 ho is with the greatest regard & esteem Dr. Sir Youir Obedient hunn. Servt. RiICiIARD CASWELL. [No. 169. "GEN. -WAShINGTON's LEiTTERS." VoL 3, 1. 328. A STATE DEP'T.] Cam-ip near the Clove, 16`t July, 1777. To the President of the Congress. SIR:I was yesterday evening honoured w-ith yours of the 14t". I have heard nothing fromt the Northward since my last. I this day reecived advice from Staten Island that on Snnday se-venty sail. of the enemny's ships fell downvr from n.the wNvatering place to the h-look, but whether they have sin'e gone out to sea I have not hea1lrd. Till. I hia-ve m.ore cert.ain informnation of the state of- our aff-airs to the Northiward, and of Gen.' IHowe's real intentions, I have concliuded to hal.t the army at this jplace, from whence I can march either forward *or return as circunistcances may require. If Gen' Nash shiould not have 1egun his march before this reaches you, be pleased to order him to proceed as far as Trentonr only, and there wait mIy farther orders. In case he should have marched be pleased to (lespatch an Express after hime with orders to halt at Trenton. I hiave the Honour to be, with great respect, Sir, your most obedt Serv't, GEO. WASHINGTON. 740 STATE RECORDS. COL. JNO. WILLIAMS TO GOV. lRICH'D CASWELL. [From MS. Records in Office of Secretary of State.] HAI-IEAx:19th July 1777. MA.Y IT PLEASE YOUR EXCiELLENCYy: You will receive herewith a return of each Ba ttalion now Assembled at this Place, shou'd have waited some time longer for M'.ajor Davidson of the 4th Battalion, but Capt. Goodman who has just arrived informs m te, that he will not join us till Friday next & that he is now on his MIarch from Salisbury. Capt. Iall of the 9th is also on hiis way frotml Surry with his recruits, and nmany other of the Subaltern Officers have not come in. Your Excellency shall as soon as they join Ihave a return of such r1crulits as they shall bring' with. them, together with a list of those officers t1hat will. be left for the recruiti.ng service and as there are a nu1mber that have not made a return of' their success in that service, I tl:ought it miost advisable not to nominate those (-Gent. untill Major )avidson & Capt. H-Iall had joined us; I think at least one Co.Ymmission'd Officer on that h]ead — You will also receive the 'roceeldings of the Court of In(jquiry held by your In striuctions. — MAr. TWn. ]Paste ur paymaster to th.le —Battalion is now in this Town & setts o-ff or Newbern tomorrow, whro says l-ie is willing & even desirous of' acting as paymaster to the whole of my Division, cou'd lie be fuirnished with AMoney for tlle purpose. I have informed Colo. Lolg wvho will taks the necessalry steps in )providing Wag'tgons &c. I have tlhe Honor to be Your Excellency's MAost Obed Humble Sert. JOH()tN \TWILLIAMI3IS. Returns of the Troops in No. Carolina 19th July 1777 lst Ieegt. 14 Officers 12:Rccruits Tot. 19 2nd 11 " 45 " 66 3rd 11 " 9 " 20 4th 10 " 4:5 5th 12 " 13 " 24 6th 20 " 25 " 78 7thl 14 ' 38 " 29 8th 12 " 15 " 23 9th 18 " 28 " 69 122 Officers 185 Recruits 307 Total STATE RIECORDS.741 741 [By POST, FROM CORN. HARNETT.].1i-II1 L A.DELPI. A, July 20"' 1777 -Williamni Wilkinson Esquire Wilinington No. Carolina DEAR SIR~ I was Inoculated at Port Tobacco & had the Disorder very favourably-mny armi continues very sore & inflamed indeed, so bad I can not wear at Coat, & has prevented my attending Congress tho' I arrived here the 18th- Inciosed is a Letter for -Mrs. larnett which. I must ieg the favour of you to have well smnoked with Brimrstone as she is *very fearful of the small Pox, I put all my Letters in the Sun for an hou'r before I seal themn and am very certaiii the infection cannot be conlveyed in a letter so fatr but it is best to be cautious- All. kinds of goods are selling here at the most extravagant irices, I shiall send you the Prices Current in my next- I amn. afraid you are foolii.g -(away your ru-Im, Whiskey was selling at Tarborouigh as I passed through at 20 sh. per Gall. iy the ]3arr&ll I hope you wvil -make the rost of the rum' on band, I can buy a -inn'en Jacket & brecehes undei ~10 this Curreny Iro Cloth (9 & ~10 per yd a Common IDinnme & Club if you drink any wine 20 sh.-I hope you have nanmaed to exchange the Cr. mn oney in hand for Continental Currenn y as MIr.: Clayton offered to have it done for us- Rtemnemiber mne to al.l. friends, I shall. wNvrite Capt. 'Forstor & M\Ir. Quince -very soon, the Lotery will be (Irawn soon-for News I refer yon to thfe Paper Inclosed- I sent the INuimbers of the Tickcets purchased by mec for sundry persoiis, On the other side you ha1tlve them,again. Lest my letters should iot have come to hand you will please mnake them known to the Concerned. I shall write von more fully in my next I am Dr. Si.-r Your sincere friend & h-um. Ser-vt. CORN. IHIARNETT \Viliiarn XWilkinson Esqr. 742 742 ~~STATE RECORDS. MEAT OF PURCHASE OF LOTTERY TICKETS B3Y CORN. HARNETT. Tickets purchased for Mfr. Dry No. 18inWI18 1 Sm-919 18in920I 18m92- I 18m92'2I 18m923 10 in all A 8mi924: I 8 in9 2 5) 1-8m'926I 18mn927 J 1 TickLt Mlr. Eras. MAi. Haris\-n. iNo. 19m783 2 Tickets for ihaj. Caleb Graing~er iNo l9mn784.1 91m-78S5 Foi Qunclfl( & Co. 5 Tickets Yiz Rich Quince INo 19hm78(3 Corn I-Tarn ett-I 91m7 87 XWil l'' Wilkcinson 1 9-RS88 Forster & IBrice —19m789 Thos. Craikce-19ni79() Capt. Forsters 2 Tickets on his own ipriva~te account, delivered by him to ine ---— viz. *No. 18m9,73 aiid No. 18n9-90 I had it not. in mny Power to procure aniy other 'Paper but the Eveninrg Post. [NORTH CAROLINA. GrAZETTE JULY 2.5, 1777.1 NEW 13ERN, July 24, 1777. Teni Dollars iReward IDeserted from my Company in the 5tli North Carolina B~attalion of Continental Troops, SUndry Soldiers, viz. Williain Watson, William- Topping, and John Robinson, n~ew R-ecru-its; also Ncathian Gray, Willie Gurgamns, William Satherth~aite, IEli~ja Slade, Thos. Wilkinson, John Kernnedy, Andrew lin1Ston1, Christopher Sherman, Williami Moore, George West, Benjamiin Alexander, Henry and Aiithony Tully, John and Willi~am Gerrel, and Siimon Fitzgerald, allbeogn to this State. Whoever delivers the above Dese rters to me, or aiiy Other Contin~ental. Oflicer, shall have time above reward for each of them. BENJATMIN STEA1)MAN, Capt. 5t' Regiment. STATE PtECORDS. 743 [TAKE].N FltOM NORTwH CAROLINA GAZETT]E, 1777.] NErW BE:lN, July 25,'1777. Since our last, a large Vessel ifrom this Port lias sailed, having on Board a great number of Tories, with their Wives and Families, chiefly Scotch Gentlemen who have refused to take the Oaths of Governmelnt to this State. They are mostly Gentlemen of Considerable Property, which thley havec acquired in America, and have it chiefly on Board, and chuso to risk every Consequence rather than acknowledge the fccedom of a Country which has been so recmarkably propitious to the People of their Nation. Ariong therm is AMr. idartin IIow ard, late Chief Justice of this Provrince, with his Wife and Daughter. HENRY GIFFARID TO G-OV. CASWELL. [From MS. Records in Oilce of Secretary of State.] CROss CREEK, July 28't, 1777. MAY IT PLEASE YOURI EXCiEL.L-NCY The bearer hereof Mlr. John Ramsay lias shown me a citation directed to him and his wife to show cause why the last will of Matthew Drake should not be admitted to proof, antd Letters Testamentary granted; The Time given therein, and otlhr Circumstances, are immediately necessary to be exhibited before you, and nnavoidab(l ie Business intervening renders it totally impossible that his Evidence, with the necessary proof, can attend; being con.nected with a variety of Circumstances. I am conecious, your Excellency, wouldl not suffer any thing to be done before you thlat had the least she o, or collour of violation; so I am certain. from my own knowledge of the lusiness I can undoubtedly prove the will to be sureptitious and frau.dulen.tly obtained; perhaps the Evidence by whom they intend to prove the will, would upon close examination confess as much; but if he should not, Mr. Rainsay, has others who will prove the deceased was not in his proper Senses many days before he died. Your Excellency is conscious that a will should be proved by two witnesses at least, if Living, and as there is two living, consequently they should be present before they can obtain a Probate; ti 44 744 ~~STATE RZECORDS. for the above -Reasons, anid for want of' due Tri e to SU1mmon10TS the W~itniesses who WTill prove the, collu1sive miannTer of obtaining~ the wNill, with the lnsan~ity of the deeased. at the Time, MA.r. Rlamsay hunibly prays you, will grant hini a further day- at least admit l1ijimi to enter his Caveat ag'ainst the will, when. I do niot douibt but it will. be ini hIs -power to lay open a1 scene of the Bl-3ackest die, whichl wen.N10 sli ownil Wl'l ca-rry eon Vi tion. inl itself, sufficient to destroythec validity of the said will iniquitous and uinjuist. Should you. lbe of opinion that IBond is necessary to prosecute the Cause, I ami willing to become MNr. Ramsay's Seenirity for any sum11- you shall juidgce expedient. I flatter m A yself you will. not think. the, al)ove R'eque st uinreasonable as it may serve to develope Truth and- expose Fraud, which was the Reason the County Court of Chathaian woulId not admnit the will to proof, and from a Personal kl-rowledge of Facts granted Letters of Administration. I ami with all R1espect Y our Exeell en cv's- in ost Obedient 1-im. Se-vt. IENERY GI1Ii'FARID. JAS. GILLESPIE TO GOV. RIC"HID) CASWELL. llFrom MS. Rtecords iii Office of Skecrettary of State.] IDupLj-iN-, 31"Jjteuly, 1.777. The bearer hereof, "Mrs. G3i'llespie, Inform~s ince tihat her 1-husband is" in Confin~ement at Cross Creek. Ii have known Win. Gillespie these several years and has no reason to lbelieve himi an E'enemy -to the Amerian CuseAs I passed through Cross Creek Last Winter lie expressed munch friendship- to mei and.l thie mnen I had with mnc and I have niever hecaid any th-ing huirtfutl Of h1imT in any way or Cause, I have been informed that he has offe-red of Allegiance to the State anid Seclurity wNNhich huas been refuised, Butt that lie inig~ht be released. by Inlisting into the Conti.nental Anrmy. ( which if so) wNouild be an open fraud to the pmiblick as he is upwards of fifty years of age and Very In~firm pairdoni my freedomn in this and I Conclude with mny 13ecst Wishes to you and your -family and. Ain youtr Excellenicy's most obed Servt. JAMES GILLESPIE. STATE II-.EC)OrDS.74 745 CAMP Aug. 2nd 1777 Colb. SUDnmenr's Com'.plimits. to Geni. Mnilenburg, with the request,of the Carolina Officers & Soldiers, that hie allow if hie 1)0 pleoased, that they join the Troops fromn the State they are off, Commnanided. by B. G. Nash. By Virtue of an1 Order issued July 25"' 1777 by Genil. Muhienl-oi burg for the Field Officers of his B3rigade to meet in Order to examine the Clafim and -Dispute subsisting between Messrs Peihamn & Scott of ye. 1st V. Rlegt. Colo. Suiner Presd't. Cobo. Matthews Lt. Col. Seayres MfaJ. W'eItner Mar-j. Joi Iles Mlaj. Bali. JOHN BRYAN TO GOV. CASWELL. [From MS. Records in Office of Secretary of State.] Saturday the Vr( of Auigust 1777 DREAR SIR, WeT have an account f11,rom Cross Creek by M~rs. G-lasbee Mother to Diigai~d Campbell a Liver -in Cross Creek, and Left that lplace Last Tuesday Mforning, shie Lodged at Capt. ILandais night before1' last and Informed- himi that there was wNhen she left that pl-ace above a hundred mnen ini that town. in Arms and o-bi her waty she(, me'lt Great niminbers in L-arge Comipanys on theoir way to Cross Creek.- She Imagined al)out Ii've or Six huLindred MA1rs. Gilasbee -is now Gone to New Bern.i town. Capt ir-andal will. be wvith you him-rself as lie -told mne Last uig'ht. Capt. Ilargate IReturning and the Regular Troops not yet M1.arehlt as I be'lieve you thouight had, I feared it miguht 1)0 of l~ad Conse-.quences and has Caused me to trou-ible y ou \with these Lines Your iHuuille Servant JOHN BRYAN. 746 746 ~~STATE RIECOIIDS.. DUO-ALD CAMP"BELL TO HI1S EXCELLENCY RICH'D CASWELL. ESQR. NEWING-TON. [From MS. Records in Office of Secretary of St~ate.] PLEASE' YOLUR E'XCEPLLENCY This, is to acquaint you. thiat my M~othe_,r Caine from Cross Creek in Expectation~ of seeing your Excell~eny here Concerning her husbaud being in Gaol. there, oni Account of Curseing one of the M1-agi-strates wlhen. he wi7as in~ Liq.uor and keepes him stil.1l in Confine mnent aI)( refoses Seenurity for h~im-Now she and I reqnest the favour of Your Excelloen to \Xriite to soire part icnlar person at Cross Creeki that will release him fromi h-is Confineml'ent 01' s~hew him Juastice. Yonr Comypliance in) so doing wvill -for Ever Oblidge Your most Ob)ed hitum. Servt. DITG. CAMP1BELL P. S. In Case You-r ExcelleOncy thinlks fit to -Write to Any person. there my step fathDer's Namle is Williaml~i (Gill~espie., GEN. ALLEN JONES TO HO0N. THO1S. BURKE. iIALIF'AX Aug. 6, 1.77 7. DEAR SIR, I have to acknowledge the favonr of yours of the 18th lUlt.i, with the newspaper. I assnire you no reverse of fortune can possiblly damp,. my spirits or o,1,ccasion an1Jy despondenIcy, SO thoronghly airn I (convinced that Time and. Ainericar must overcomie all oppositionI am happy in finding mny thought agree w.i-th yours as to the mnode to be persued i~n carryin-g on the war, and wihfrom my Soul. that the Congress may have the wisdonm to adopt the Counsel~s of mny Friend- B-ut Envy most accursed iDemon, lin-ked with Self interest frequently blast, the0 best intentionIs. B efore no-w I make no Doubt but you have heard of a most accursed plot in favour of the lBritish Tyranit. It was to have, broke out with tile assassination of the leading men in every Cou-nty, and. afterwards none were to be spared but such asrepaired to their Standard- heaven Blasted tile D~esign. and o-ur STATE RECOIRDS. 747 Prisons confine some of their Leaders tho' some of the most atrocious are not yet taken. The great Mr. Brimage is in Edenton Gaol being one of the heads of these Cut throats also his Father in law one Black John Stewart likewise a Brother of Tom's- I make no Doubt but hanging abou:t a Dozen wiill have exceeding good Effects in this State & give Stability to our new Government- They seem to nme to have been designed for this purpose by providence. Mr. Eaton on my application to him tells me that Mr. 3Burke wrote to him not to finish the Carriage and llhat now it was quite out of his power, owing to wanted workmen and materials, so that your wisest Step will be to get one whereever you can for I assure you it is become very difficult here. I shall take the utmost care of your Letters & send them by the first opportunity. You may believe me when I tell you that I am with Esteem & affection Your Sincere Friend ALLEN JONES To Dr Thos Burke [NORTHi CAROLINA GAAZETTE,1 r. AucIusr. 8, 1777.] NEWV 1BE.RN August 4, 1777. Wanted immlediately for the celebrated and well known Brig of War, Sturdy Beggar, under Command of James Canpbell, EIsq; now fitti.ng out at this place for a short Cruize against tChe Enemies of the Thirteen United States, a few good Seamen and Marines. The Sturdy Beggar is allowed to be the handsomest Vessel evei built in.America, is completely fuirnished witlh all kinds of warlike Stores, Ammunr ition &c. is'remarkable for fast sailing, having never chased a Vessel but shie soon caime up with. [REPORT OF' BOARD OF WAR], No. 147. VOL I. p. 303.] At a Board of War 9t" August 1777. Agreed to Report to Congress. That such Troopers of the North Carolina Light Horse under the command of Captain Cosmo Medici & Capt Martin Phifer as shall enlist for three years or during the war shall be furnisled 748 STATE RECORDS. with Horses & be properly accoutred and that those men who vill not so enlist return home to Nortlh Carolina under proper Officers Extract from the M.inutes RICHARD PETERS Secy [N~ CAROLINA STATE PAPERS. N~ 136. P. 347.] Treasury Office Philad" Augt. 9t' 1777 The Committee on the Treasury beg leave to report the following ResolutionsThe committee *- - * *,;* -*- * Resolved That there be paid to Isaac Guion acting as Pay MIaster to the 4th & 7tl' Battalions of Continental Troops raised in the State of North Carolina, Six thousand Dollars one half thereof for the use of each of the said B>3aLttalions respectively, said Pay Master to be accountable-'* *,* * *,..x;,., * [Endorsed] Augt. 9. 1777 Report of Colmmittee on the Tre asury WILLIAM WILKINSON ESQR. FROM CORN. HARNETT. PIL.A)]E:LPIIIA Llt'h Anugust 1777 DEAR SIn, Your favour of the 16th July only came to hand a few days, I am exceedingly anxious to hear from Cape Fear- & am obliged to you for the information in regard to my'fanmily, I sincerely regret the death of our worthy friend Foster-he has a brother living in one of the Counties in the Deleware State, pray inform nme whether he made a Will & how he has left his affairs. The Northern partrient have been much alarmed by the loss of Ticonderroga. Genl. Gates is appointed by Congress to command the Army in that Quarter & the General Office.s who commanded there before, are ordered to repair to head Quarters to have their Conduct inquired into- We have had no certain account of the ST ATE RECOIIDS.4 T749 Destination of the fleet which.. sailed fromn Sandy I-look upwards of three weeks ago with Geni. Hlowe's Army on board, which has kept Geni. Washington in (great snspense as you will see by the News Papers Inclosed- Mr. MNfallett who arrived here a few days ago infornis meo there has been a Terrible MNfortality among the3 Slaves at Cape Fear, I am sorry to hear -it. I beg you will in close me the So. & N o. Carolina papers by every post or other opportunity, you know there is no danger of paying Postage- At foot I sent you lPrices Current of snndry Articles here and should you bave Occasion for any of therm at those prices I desire you will send the money, as I have spent all I brought with me & my -1.800 per an. will not maintain me- Present miy Compliments to Mfr. 13rice & desire him to send me the acets Sales of all the Prizes sent in by the Continental ships of war as I am obliged to settle with the i3ord of Treasurers. I write Mr. Ilooper &c by this Opportunity but I desire you will tell themn I expect Letters fromn them in return or I shall stop my hiand-remember me kindly to all my friends & be assured that I am, IDear Sir, Your sine, friend & hu. Servt. CORN. HARINETT. Williamn Wilkinson Esqr. Prices Cuirrent west India ruim 40s to 45s per Gail. Nowta:rd. rumi 30s-36s. Lo Sugar.15 per pomid. bro Sugar 7s-6 Do 1 quart punch 10. Ioiamd by the week ~10 to ~12 Beef 2s-6 pe11 lb Chickens 3s-9 & 2s-6 a water Mfellon '7s —6 1 niight Stables & feeding I horse 10s to 11s Shirting Linnen 40s to 45s And indeed every other Species of goods & Provisions in proportion. Tea 16 per lb wine ~3 to ~4 per' Gall D~inner & C~lub at a Tavern froni 20s to 35s 750 ST.ATE RECORDS. [PROTEST OF FIELD OFFICERS OF N. C. AGAINST APPOINTMISENT OF DR. HAND 1T0 COMMAND]) T'HEI B-RIGADE.] CAMP ATr T:RENTON, Aug. 1.4th" 1777. We the field officers of the North Carolina Troops present our respectful Comnplinments to the )ele gactes of that State now Tnet in Congress, and beg leave to mention to them.tlhat a "Report prevails in Camp, received from good authority, that by the PRecolmmendation of Thomlns 13Brkel Esqr. one of those D)elegates, the otlier two being absent, a certain D)octor IHand resident in Pennsylvania is appointed a 'Brigadier General for the Troops of North Carolina, inl the room. of General Moore, deceased, alledging at the sarme time. that that State mign:t think itself very hap)py in such an appointment. The MIerit of General Iand, for what we kInow, may be very great and justly entitle him to the Favour of Congress; but we believe luim almrost unknown to every Person in North Carolin.a, except to Doctor Iurke:-and such partiality for a Countryman, as we are infoirmed(, inl 'Preference to the, Officers of the State lie represented, wl'hose prior claim to Prefermenltt from, their long and nmanmy services, we l.nhumbly think fiom. Duty dlemand his support, we feel not only as a wonnd to ourselves; but consider it a reflection on that State, which appointed us, and a stab to Military hlonour throtghout the Contirnent in General. lBut as this appointnmenlt has not been pub'lickly anlnounced for Northl Carolinal; we therefore with all due respect pray that the I)elegates of that State, who are the Representatives, aid Gu-ardianis of every department of it in the Continental Council, will be pleased either singly or collectively to give u.s firther Informiation on. this Matter, that we may conduct ourselves accordingly. Lieutenant Col~ Patten the -Bearer of this is authorized by us to wait on the Delegates & receive such An.swer as th.ey will please to hlonour him wnith. ALEX MARTIN JETHRIIO SUMNNER TH:OS. PO()LK E BUNCOMBE JA1IMES I.OG UN GI DEON LAM-:1 'STATE RECORDS.71 751 TIT. CLARE~ JOHN PATTETN JA. THEACKSTON ARCI-. LYTLE SA~M. LO)CXIIAWIT LEVT[ l)AWSON W"' iP)LK JAS. ARhMSTONG To the Honoiirabie the Delegates of the State of North Carolina now in Congress at Philadelpl~iia. ["1LETTERS TO WASHINiNGToN.", DE!P',iT OF STATE. No. 17. P. 229.] Titj~,xroN?, -Aug(ust 14th 1T777. His Excelien cy C-en. Washtington. Silt Inciosed is the proceedings of a loard of the Fie-Id Officers of M~y IBrigade which I am requested by themi, to' lay before your Excellen cy, for your direction. 'You lhave also inclosed the proceedings of a Gerneral Court M1artial, whereby yToul '~Niii in~d that 2 Soldiers b~elonging to my iBrio'ade are sentenlcedi to decath which is also slliinittedi for you.1i IEXcelieu cy's finia]. determiin ation. I have the honor to 1)e 'Your Excellency's M-,ost ~Ol)t. & very humble Se'n1t. F. iNA._SI-H. [Endorsed] Trenton, 14th of Augu~st, 1.77-7. From Geoneral ~Nash with sentence of Court M-avtrtial. & representation of Field Officers. TRENTON, 19,th July, 1777. At general court martial. held by order of the Honorable Brig 7 052 752 ~~STATE RECORIDS. adier General Nash, for the trial of all the prioniers in the main g~iiard. Present, Col. Jamnes Ilog'ur Pr esident. Cols. (Capts. Thomas Clark II Wnry v Dixon 'John Patton JaiTmu s G-ee Majors. ~-Members P Iink. Eton. Samnuel Lockhiart John Nelson Levi. Dawsou WiTjlljan Caswell (Charles Sininms 9 ~ John Williams Lott Brewster 11tev' Ad am 13)ovd Judge Ad-vocate. The memn-bers having 'beeu all sworn, and the Judge Advocate having been also sworn & prosecuting ii lbehalf of the Uni~ted States the foll.owing( lprisioDIielS were lbro't b)efore- them, 'VIZt John M1.arsh of the first N. Carolina regirment accused of' desertion. The prisoner confessed. that after heaving served six mnonths in that regimnent lie reinlisted for a year: That hie deserted 'fr-om his coinimand at Eaoldes' Iilson Cape Fear to the neiney, with whom-i lie went to Ch~arles town, fromi that to New York, was taken prisoner at Trenton & afterards enitere~-d into the, Srvice of th e United States, in a Georgia 'battalion.. All. these fcspeaigfromn his Own con-f-ession, without onle paliiative circum stance, the couirt were redneed to the (llsagrecabi'e. ntecessity of sentencing himn to 'be shot to death. ADAM 13OY'D. Jud. A~dvocate. Che'ster, 2' Agt(,t 17,77. Extracts fromn the MRinutes. TizE~NuToN, July 22c1, 1777. The court heaving 'been continued by vralnI'Ou ad~jourimnents to this day met, bu~t two Of the mIemblers Captain-s Ii1. Nixon. & Jamlnes Gee lbeinig ordered on comm-and & the Judge Advo..cate being sick; Capta-i-ns Thomas Hogg & Edward Yale were, ordered to supply the place of the two members & the IRev"' MN~ Ford theat of the, Judge.Advocate, who hiaving been duily sworn, Willoughby Johnson of the first N. Carolina regiiment was bro't before the coui-rt accused of desertion. U~pon hearing his charge read, the prisoner acknowledged, that on his march from N. Carolina, near thie Virgimnia line about the last of April, lie deserted from the said reogiment. Ilie also acknowledged fhat it was the third time of his. desertion. SrrI`rrIE RECO-RD)S. 753 It is therefore the unanimous opini.on of this Court that the said Willoughby Johnson be shot to death. Taken from the minutes of the Court this 2' Augt, 1777. Al)AM 13BO' YD, Judge Advocate. [NOR.lTII CAROLINA. AZ."rlETTE, AuGus'r 15, 1777.] N:EW-VB3EN A.ugiigst 15 Last week a Report prevailed, that the Vessel whic.h lately sailed from this Port with a uillmber. of Tories on Board, was taken; since wvhich the Account is conlfirmed. Sle was taken soon after she left the Bar, by Capt. W'eeks, in a Privateer from Virginia, in Consort with a Letter of i'arl.e Sloop, wlio have carried her off to the West Indies. Sli ii;st )rove a valuable Prize,.s the Gentlemenl o:n Board 1ter htave large Su ms of MAoney with them, and the Vessel havingll 20(0 -Hogsheads of Tobacco on Board. ARTHOR BOYES TO G-OV. (CASWELL. August:1!9t" 1.777 -M[.AY IT PIEIASEli YLOUR E.]xcCi:.IrLCY: MAy reasons.for enlisting are: these, I last yealr lmaintainled my Fathler in llaw's family to tlhe.A.1mo. of -~15, I afterwards married furinsi.l.iing every rag m1y wife hias, this w.itlh Imy ownI necessities reduced mle to sell a pair of silver buckles and run tlhree dollars in debt of two handkerchleifs I lhacd very old and w orn out and. two more made of an old fine shirt, there is none left hlere, fit to Nwear, aprons slie has one, no ribbands, so I could not keep her nor endure myself to board at a tavernl thonu.,lh I hlave found Country Qiuarters. But nmay it please your Excellentcy I lhave a wife with out Cloaths; A sch ool with out benchles: shirts and shoes botlh past mending. I liave sold my Cloaths to Capt. Arimlwell Iea.1rnl and. have his Note for ~:12 but having no Coat I bought a ]unrltil;c shirt for 5 dollars, if I leave m.iy lodgings I lmust pay fTor tllelm, thle Note is not (Iue till Sept 28 my slirt, lodging, lDe)t &t( c. witll her board both here and at lhomte must be )a.id o lt of tlc Note. " II:1 wlhat is worst of all her father's character is so tbadl I would ra.tller 4S I - C). 754: STATE RECORDS. quit her altogether than she should stay 12 months near himl..My own folly brought my distress upon me and death alone frees me. To stay here and see her perish is more than death, to provide her and myself seems impossible. TMy intention is tlherefore to enlist, pay my debts withl the I:oulnty and what remainis put in Capt. Zenals Parker's hands for her use and when I Ihave:done all in my power for her trust to a Good God, who having fed me all my life unto this day I Triust and ].elieve will not lett her be destitute and preferment (I hope, no impossible evelit) m-ay yet render me capable of maintaining her but s I woullld bear any misfortunes rather than your Excellency'e di pleasure I shall not enlist till I knowT it. Hlumbly hopeing it will not be long I presume to subscri.be myself with the greatest liespect Your Excellency's Most (bed and Most H-umble Servant ARTHUR 1(OYES I AnMY R-ETURN:S is N 15,. 14.1I TRE'NTON August 20th. 1777 In consequence of a recommendation of the Officers of the 5th North Carolina Regiment I-Ienry Crutcher is appointed an Ensign in the said Regiment. F. NASH B General [RE[SOLiV-E OF CONGREISS 21S'TL OF AG UST'. 1.RELATIVE TO THE REM IOVAL OF STOItES &C.] IN CONGsE.ESS Augt. 21 1777. Congress beina' informed tlhat a large collection of Tar is made ait Wilmingtorn in 7North Carolina and that the enemies fleet is now upon the southern coast. Resolved that it be earnestly recommended to the executive power of North Carolina to cause all military and naval stores in tle said state to be removed to places of security with all possible.expledition, it being of the greatest consequence to the United States, tlhat the salme should not fall.into the enemy's hands, and that such STATE RECORDS. 755 stores should be destroyed rathe lc thllal t b possessed by the enemy Extract from the MLiinutes CHAS. TIOMSON 3By order of Congress JOTHN IIANCOCK Presdt. [NO1TrII CARO'INA GAZERTTE', AUGIJUST 29, 1777.] WILMINGTON Alugust 23 On Thursday last arrived in this Port, the Letter of AMarque Brigantine 'Resol!.tion," belonging to this Part of the State, & coml. mnanded by Joseph Meredith; accompanied by a large Ship called the Polly, Capt. Thomans Collart, bound to Jamaica from Mississippi, which he met with in his return home, in Lat. 30, Long. 75, and which he has conducted to a good Anchorage in Capt Fear River. There is no doubt of her being a Prize, and will sell to a considerable Amount, being well fitted, and loaded with a Cargo very suitable to the west India Mlarket. SAM. JOHNSTON ESQR. TO JAMES GLASGOW ESQUIRE SECRETARY OF NORTH CAROLINA. By Express EDENTON 23rd August 1777 SIR, The Bearer waits upon you for a certified Copy of the order of the last Assembly respecting the Brigantine Johnston whereof Mr. MVeKInight was a part owner. Be so good as give him all the dispatch possible as the Brigantine is loaded & only waits for that paper I remain Sir, Your most Obedient Servant SAM. JOIINSTON P. S. Pray present my Compliments to the Governor, let him know that we have certain advice that about two hundred Sail of the Enemy's Shipping have actually sailed up Chesapeake Bay 756 STArrTE T ECOI()' "S. mostly Sloops & Schooners, but have not heard of their attempting to land at any) place. [FtROM DI.ARY O'F T'HL AERI CA.N ]REVOLUTION VOL. 1. ]PAGEIr 486.] Aug ust 25, 1 7 7. Yesterday mTorning' (Sulday)) part of t1he Continental. army, amounting to a'bont tent thousand men, with h1is Excellehncy General Waslington at tlhei.l h]lea d, nlarchlle tl.lhronhlt Phlil:adelphi;a, and proceleded ove the iSchi'l1:]il. to the soutlhard. This day General' Nash1's briglade of' Northl CI.aroliniLans and Colioel. Proctor's regiment of artillcry hl ave also pa.ssed throughl the city, anid are to pur-. sue the samee rote in ord(er to join onur mnost illustriolus general. New York Jouirnial., Septemib.er 1.5 Pen.nsylv acnia Journal., Auig1ust 27. G(EEO B1(ROWNX & OTHlERS. TO GOV. C(ASWELL I[lFROM MSi.. i.;RCORI) IN O() FICEli OOF SECR.;IT T.A,1.Y OF STATE].I':.1>'1NE (O(UjN'iY 27t' Auguiist 1777 These are to,ertify tliat tie bearers, J'.ohn Iinllina & Williamn. Mactur, have beh(aved th}lnselves hlion(st ly, & justly as Merclhants since tley camie to this Cou(nti, and lw nTever(A h'eacrd any person say any thing to the Contr:lary, (ndI e r I:)belie ve that tlleir imotive for leaving this (Cotinitry is intore o0 n 11.ccoli,)lt of Setttlinll: their affatirs wit'll their P:artlnelr in Iluro)e, tal:tn anly dislile kc they 1have to )be Snlbjlcts of tl.is Statc, tlherefore w( ce hope w you0r Excelleic)y will give tihen. a p)ermnitt to Protect tlhenm in case they sihould bo taik(en 'y 'I riva ateers o.r any (.ontinental V('essls, ton their way to the AW.est Indies, or Europe, & your 11Exclclen.1cy will very nmuch Oblige Your1.. Excellen cvs 'i:ost Obedient & vre r R ubll:)l. S1ervZanlts G( EORGE BROWN( J. P. JO(.)IN S.I.rT.[j. P. W'..M' "' "' "' i STATE RIECORDS. 757 ESPHER KILLBEE TO HIS EXCELLENCY THE GrTOVERNOR. [Fromr MS. Records in Office of Secretary of State] Sept. 4th 1777 MAIY IT PLEASEl YTR. EXCELLE],NC('Y I herewith take the liberty to enclose the Petition of the Newtopsail Mlilitia, togetlher w't a list of thle (Company, attested by the Clerk, by wllic yr., Exc(ellency man:yl jludge of the great injustice I rec'd in having mny Colmmnissioll taken from me withlout cauuse and given to anotler.i The list compared w'.. the names to the Petition, will at once. shw yr. Excellency thle terue t Voice of thie IPeople: whlo are almost unalnimously for me, & wlo live in expectation that yr. excellenl c-y will be plea)sed to restore to mle nmy Connmanld, or Order a new Election immn.e(liately-]tad I cormmintted any misd(emeanlor, and blee.n broloke 1b te.. Artic'es of War, I shlould( tho' disoraced haxve Acquiest Awi. my fate- )but coincious of the rectitude of my conduct- I;am doubly Illlll anpy at my u njn st remnovalI hlave the honor to lbe Yr. Exceellc y's most. ()l:ed humnble)c Servt. ESPII ER'Ig KTLL'BEE. [EXT'rtACTS FR{,OM G'EN. WiAASJTNCI'ONS'Ol OI:DDE, R B 3OOKI STAITE1 DI1"r1', WASHI(rNGTONr, I). C.-VO 2. 2. ]1 287-89] I-IEIA QuARTERS:1, W'ilmington, (Del) Septemr1 4th', 1777. After Ordlers ':' * * The tents of Gen1 Sullivan's, Lord Stirling's and Wayne's divisions, and Nash's brigade are to be struck and packed by five o'clock to-morrow morning (if the wea.ther perimiit)-the.se corps, together with G-en1 Potter's brigade, are to lhold themselves in readiness to march at a mnomlent's warning. ' *' [VoL. 2, P. 299.] HEAD QUAR..RS. 3Birm"ingham, Septt 10th 1777. * *V * Two hundred rmen of Gen1 Greene's, and two hundred of each other division, and one h.undred of Gen' Nash's brig 7aw 8 758 ~~STATE RECOIRDS. ade of Contin~ental. troops; and fou~r hundred of' Gen'1 A~rnstrong-'s div~ision of Mi~litia., are to be dr~aw\n ou-t daily as piequ~ets, and to assemblje; those of Gen' Green c's, Gen" MV ayn C's, Lord Stirlin~ig's and Geni' Stephen's divisions, and. Gen' Nash's brigade onl the ixost convenient g'round near the Artillery park. ~ HEZ. ALEXANDER & OTHERS, MECK-LENIBURG, TO GOV. CASWELL. [FROTH MS. RECORDS5 IN OF"FICE' OF S~cCRnn'uv~tx OF STATE] M-eceklenbu-rg County iHAY IT PLEASE YNOURi EXCEILLENCY By a copy of can order of the econrt of' Cumberland dated July term 1777 & certi-fied 'by Willm. RPoand clerk of said Court, producedbefoe usjustices of thie peace in, and for said county of Mleckleniburg by the bearer Duncan Ochiltrec anI. inhabitant of thiis, coun11ty -Av understand that thie saidl Dunicana Ochiltree hath been cited to & appear'ed b~efore tlhe said Court, of Cumlber-laiid and wvas there required to. take and suibscribe the Oath prescri~bed by-) act of As~semibly to be ai1kenT by the0 late Otlicers of' the crown of Great lBrittain. &c. and uj1)011 his refulsing to take the samie wvas com. pelled. to give Bonid wvith bail. in the Sum of 'Five huntldred pounids currency for his departure out Of this State within Sixty days from the date of said order. Now as we Jutdgimo' of' tile word~s Of the law to the best of our uiiderstailding~ thinlk that the abo-ve said bond was illegally17 tak-enand of conIseq~uence! not binding and, lest the Said 1)UTIncan. OcIhitree shouldd escape the olpperatiwn of tile a-foresai1-d Act of Assemb11ly we have cited him arid taken. Sureties onl rccognrisaiwe ini the S-um of Two Thousand po-unds currency to appear at the Inext court to be held for this county, to be dealt with as the law directs-and whereafs this circumstance of his being' citedl to the, court of Cumnberland and there refusing to take thle Oatlh 15 tile Only reason we, ever had to su~spect tile said IDuncan. Ochiltree liable to be Called upon. by Virtue of said act lie being now and for near four years, last past a Constant resident of this County and has always behaved himself as a lpeacefuill orderly Subject and since the beginnin~g of the present war hath freely Co ntributed to and encouraged the carrying 0o) the same STATE IRECORDS. 759 We think it Just and necessary to petition your Excellency and the Honourable Council if the aforesaid order of the Court of Cmnberland shall also appear to you to be illegally taken that you would adopt such measures as in your wisdom you mnay think necessary to prevent the said Court of Cumberland from enf'orcing the said order or Compelling the Said Duncan Ochiltree or his Sureties to forfeit or pay the penalty of the bond aforesaid. we are Your Excellency's Most obedient I-umlble Servants ITEZ. ALEXANDERI EPIHI. BREVARD ALEX. ALEXANDER CHAI.:rLOTT:E Scptmllber 4th 1.777 His Excellency Rich5'd Caswell Esqr. (NORTHI CAROLINA CAGiZE'ITTE SR'EPTEMBERt 5; 1777.] NewBern, September 5, 1777. Since our last arrived here Capt. Dinison, in the Sloop Heart of Oak; from Surinam. The Captain reports, that in Lat, 34. Lon. 73. he fell in with an English Fleet of 63 sail, consisting of Ships, Brigs, Sloops, and Schooners, among them 7 or 8 Flags; they were steering to the Eastward. The Captain says lie was attacked by one of the Fleet, a small Tender, but had the good fortune to escape. Just now arrived a Vessel here from the Bar, she was outward. bound, and just after getting out, was chased by an English Brig, called the Lord 1Howe, and obliged to put back, and the Brig now lies off the Bar. We hear our 'Provincial Vessel the Pennsylvania Farmer, still lies at Core Sound, but in no condition to makc any Defence. STATE OF NORTrII CA.OLINSA. By His Excellency Richard Caswell, Esquire, Governor, Captain General, and Conmander in Chief, of the said State. A. Proclamation. Whereas it will be difficult for the Inhabitants of this State to 760 STATE RECO()RDS. supply themselves with conimon Salt, unlless tlhe.,xportation and Tra nsportation thereof be prohibited, I have therefo re thought proper by anid with the advice of the Council of State, to issue this ]..lty Proclamrnation hereby prolibitingp the Exp)ortation and Transport atiol of Salt from this State after this date, until the Expiration of thirty Days fromn the date hereof; of which all NSaval )Of-icers, Mlerchants, and other Persons are required to take 'I otic (. ( ive.n. und.er my lianid and seal at aN rme at Newernl 2 day of Soptelnbe.r, in the year of Lord 17782 and in the secoind.l yc of our:I[l d elI ellnel ce. Ct'ICTl AE [D C\AS' W A'EL'L. 3By his Excellency's Comnmand. J. (GL.A S (iO-w, Sec. CHIEF JUSTICE MARTIN HOWARD T'O L()11) GEORGE GEll.MAIN. [1. P. P. 0. A.& W. x..&. i: Vol.: 222.] NE Wv YX(o)ai SCeptember 10th 1777. M'IY LO.RD), It is wit.ih very great.-Reluctane thllalt 1 venture to take up a momnent of your Lordship's time )upon a subject whlich must already in mnany instances have trye(d you;r Lordship's Patience, I mean applications for relief from sn 'fic'rinrg American Loyalists. I flatter myself however tlhat my claimn to IHis Maajesty's favour is so reasonably founded tlhat I slial obtain your Lordslhip's benevolent Aid an:d Intercession to procure in a share of that 1Boulnty wlich IIis Maijesty has already so eminently displayed to naI.ny in my situation. My Story my Lord in a few words is this, I was I-is Majesty's Chief Justice and one of the Council of North Carolina wIhen the present Rebellion broke out and I resided there till about six weeks ago vhen. the usturped Powers of that country compelled me to leave it. I accordingly embarked with my Family leaving the chief of my property behind me which indeed was not very considerable as it is a long time since I have received any salary or perquisites of Office. I amr now in this city extremely happy to find myself once more ulder the protection of the British Government but at the same time now a little dejected to find myself destitute of all means of subsistence, a misfortune I STAT~E RECORDS. 761 have little hopes of repairing by any Exertions of my own in. tle active scenes of life as a slenderi constitution and the enervating elinmate of Carolina have entirel]y unfitted me for such. I am therefore My Lord advised to solicit hIis M[t'ajesty's Bounty and I mIost humbly ask yonr Lordship's assistance to procure it for me in such mann 11er and lmeasure as to His Majesty sha1ll. seem meet. I should not do justice to myself on this occasion was I to omit inform.inog your Lordsh ip that this is the, second time I lhave been ruined by the Anl.mericans by rmiy attachm.Tent to thle.Iriti sh Government. In the year 1765 at lthode Island(l I wrote in defence of the parlliamentary Riglit relative to the then Stamp Act for wllich rny 1-J:ouse an1 d furniture wa s destroyed and for which I ]ave never received any copll)ensation. i'My worthy F:riends Goverrnor:Mi'artin now here and Governor l-'.utchinson now in lEngoland will I flatter Inyself lend me their countenancelle ill tlhis apI)l.i(.ctation to yoiur Lordship. I have the }honour to be witllh the mlost profound respect andll veneraltion. M.y Lord your Lordships miost obediCent and iiost humlnble ser'vault M. H1.) W.A.1I"I). Tlh. e Right 11(on. I L)OR:) G1.EolRGE GE'.RIMAIN &C. &'c &c. IRec': 26"h XN O v"l' [CONsSOLI:ATIOrN,& &c. OF' CiERTAIN N. C. CO.N'.'INTEN1'EA RlEGaIME]iNTS. A..tt'.rl.:mRItY Co's IN CONrI'..NENrrTx SLERVtIC:E.] Pension Offlee, Washilngton, D. C. [30ook "Miscellanieous Organizations and other Information"Page 98.] REM ARKS.. "After the Battle of Brandywine, 11th Sept. 1777, 2nd and 3rd N. C. Regimrents consolidated and called the 2".." "After the Battle of Germantown, 4t' Oct. 1777, 4th and 1st N. C. Regiments consolidated, and called the 1st, commanded by Col. Thlos. Clark.' 762 762 ~~STATE RIECORD)S. "Col. Jamnes Armstrong %conim-anded. the 8`h N. C. IregiraentOn the reduction of it those soldiers that were' left was trarnferred. to the 2id comnmanded. by Col. JohnT Pattoni.)." W. WILKINSON ESQR. FROM CORN. HARTNETT. PI~jLAD)ELPnL&1 Sept. i3th 1777 DEAR SIR Ireceived yonr favour of the 26th Augrust, that of the 15tl.i is not yet come to hiaind(., thie arrival of C~apt.A Meridith with his prize gives, m~e pleasti~re, Iain in hopes this wvill be a savring Voya-ge perlhaps a profitable one. This is the 5th letter [. h.av wrote you. sic m'I 1y arrivl andyou ave not acknowldedged the receipt of one of theni. I every time Incllose you the E~ast papers7 you have themi again '1Wby which you. will. find wve have had a Battle at Chtad'sfordl upon. the Ir<randywine, and Ou)ar brIave troops obliged to leave the fi eld ( entirely owing to a mnistake in the intelligenIce13 receivedl. Ouir Army however 're in hini-h 51pirits and are very (lesirons of hav~ing another Brumsh w it Iitlic Enemy who b~y the last. accounts still remiain On ti~ie field. l)y the b~est accounts as yet received of the Loss ssti~.ained by us is abou t 400 iltled. & wvonurded and a gentlem an whIo was lately near the flield of Battle was informed. by the inhabitants of that part of the Counmtry who had vie-wed the 'Dead that there were ait least three to one of the Enem)T kle.I ssp posed Geni. 11 owe will. as soon as he, recovers fronm the late fatigurie; proceedi to the Sweeds ford upon. Schoolkiin about 16 l\I-iles from this City,) where- they Will TYeet with (asm I hope") t'their D~eserts. I have often requested that you would send inc every intelligence you can mieet with relative -to the Southiern Colonies, suirely you may now and then myeet with a So. Carolina paper'. I munst beg you. will let M-rs. ilarnett know when the Post sets off that I may have the plieisuire of one Letter from her whlich I beg you. willInclose to me, let me know if you have received any intelligence of our other Brig-It is amazing to what a price every necessary & Convenience of life is arisen to- Such a still as we last purchased would now sell for ~2000 this Currency-Common rumn 32 shilV lings 6 pence per Gall. Jam. Spirits 80 shillings per gall. every other article in proportion, Ca Con-mon riulin'l( horse to ~150 b STATE RECORIDS.73 763 Aitho' the Enemyv's Ari-ny are so -very near this city, Congress have not determined to remove ne~ither will they uinless they are forced. In haste I aim Dr. Sir, Your nirost obedt. ServNt. CORN HARITMETT. W. AVTRY. ES'QR. TO THE G3OVERTNOR CONCERNING CHEROKEE INDIJANS. [From MS. Reclords in Oflice of Sec-,retary of Sktate.] Copy, of Letter to th~e North Carolina Ag'ent in Cherokee 'Nation. SxJmsu-untYl11, j5t Sept. 177-7 -Sin A Copy of your Letter to Coll. Lan.ier I1 rec'd the 2 nd Instant by the andsof DuryGoodwin, and have (letailied hIminn-1 order th at I might confer wvith Genera-.l Rutherford. Sir~, I approve of your Care i-n collectinig & faithfulness iii Trllalsinittiflg so many Articles, of Inteligoenc e proper to iDe ceoinnuiniated. His Excellency thie Governor & thie Cotmncil. of State have not yet aplpointed a Time &~- plac~e for holding' thle intended Treaty -with the Ai1iddle Settlerments; and I am in-'clined to thlink thalt it inay possibly be p-ut off,, until after tihe mneeting of time General Assembly: However, at all Events, let the appointmnent hap pen as it mxay time Middle Settlemlents and O-verihills sliall have due Notice thereof. In the Mecan Timie l).ave to renew our requ1test theat sonice of tihe Chiefs.-, of the Overhilis about 15 persoms wou-ld comne down to see an.,d make a visit to our Great beloved M-an anrd Great Co-uncil, when imet, at Newbern the Seat of Government in Nov. next; Anld that thlere would comle downr in. Comipany with some of thle Chiefs about 20 persons from time M,,i~ddle Settlem'ents & Valley. Acquaint them that this AMatter of Protecting and accomodating thien i hath been ~onsidered and agreed upon liere. The O-verhills who come on this Occasion mnust by rio Means,- take the Path thro' Washi-ngton District; but must by all Mleans, take the Path thiro the Mliddle Settlements, and at that place join the Chiiefss from~ there and all conic togfether, iin b~y Catiiey Fort on time Head of th-ie Cataba, Rilver, so as t tmyee t Cathieys Fort on the 290t D'mty of October next. 764 STATE RECORDS. Sir, you must informl the (Overhills that ou:nr Great beloved Mlan and Great Council have long ago appQinted Brigadier General Rutherford to be the Ilcad War Capt. over all the Warriors in the West End of North Carolina, and that the said General is still in Command, aind that all other war Caplts. and Warriors in these parts must olbey hlinm, agrecable to the power and Instructions that he from time to time recceives frlom: the Great beloved Man. and CGreat Council; And tlhat General l'utherford li as this -)ay faithfullly enga'ged and assured m:e that h.e will lhav( one of lris most faithful & trusty Waxr Capts. and a Friend to their People, with a Gulard of good:Men, aCt Catheys Fort on the said 20t' Diay of Octo)elr, to protect the said Clliefs and to guard thelm in Safety on. their way to NeTwbern.e A Copy of this Letter, all Except the first lPairagraph thereof, please to t'iTransmit to the AMiddle Settlenments ilnmneiately by the earliest Con veyance. From your &c. A\ AIGH TSTILL AVERY. P. S. General Rl'.ui therford will also write a Line to you with this Assurance, if your Expresss wNill stay untiI. lie conmes in.to rTown tomiorrow MAorniing, having rode out IHomne immdl: tiatl aftert the Colnference. W. A. N'. B. General IRutherford did nlot write a Lile Li s ab)ove hiinted and has never sent ally Talkes to the Indi. ans t.lis Sumimer. The Indians were very a'nixiolus to recei;ve a Talk directly from the Great Beloved Manl o:f North Carolina before they ventured tlhemselves d(ownn into this State..IPerhaps it mnight have a very good Tendency to send a Talk, to th.em- to meet tlhem.. at Cathieys Fort- they imiagiine that your Excellency has neglected them. Yours most respectfully W. AVERY. To I-is Excellency the Governor. General lRutthirford ha1s showed the greatest 'Leluctanee to appoint a Commnlissary and not being done when I came away I do not know ) bt he lmay refuse, and the Indians be under a Necessity of Rleturring Home directly from the Fort, for want of Provisions for their MIarch down. W. A. ST.NTA TiIllCOTDS. GOV. JOSIAH MARTIN TO LORI) GIEO. GERMAIIN. [l3. P. Ri. 0. AMr: & W. IN): VOl.: 22.. N~. 9.] NNEl R YOlcK, Septelnber 15th 1777. M.:[Y LorD, I I!have the honor to inform your Lordship that two vessels h]ave arrived here within these six weeks fron:North Carolina brinrging besides Women and Children and solme negroes Twenty Two -',f is jestys sty' Ilefugee Subjects inhabitants of that Colony all Natives of Scotl and except tlhree. Amonig' them all M11.' 11Howard(] His Majesty's Chief Justice of North Carolina and a. Meml)ber of the Council there is of first note and( deserving lmy plar'tici ular nmention of him to your Lordship. 'This Gentleman, my Lord, su.ffered a temporalry irin mi at:.I-hode Island for his avowed attachment to Hlis Ma. jesty's G(ovelrnInlellt 'during' the convulsions fomelnted tlhere some Sears ago in tihe timle of the staimp Act.Let and his fortu ne is lnow vwrc k~( d a seond time by Ilis:itll adherence to the sa.lile pi.nc1il.les tlhat Ihave filally obliiged,.l himi after lmul.11- an111d long slIffe1rinhg7 an:ll severest in ortifi(cationl to turn his back uponl)(l la (.Iul I.try \w ile'ce tle could no lotgier exist b)ut 0o tlhei. terms of (..) j rii' i;i laxflt soveies igl, thlis ict l:s (donle w ith honlest indign'a Ition,.'y Lord a.nd is now here with h is fa 'ily w li(ch iacco('lpa1n iedl }i:ll h ft'ol (, Croliln withltout pr'ovision of' any kind ad1(' w'itih Imlealns so s(c:a.nty as not to su' i(tet to prosc (rve iriln1 loI)o fro 0:1 absolute want, four y ear s ha'vi ii (:no elapsed since tie cessatio1i of hIis sillhary from. the Provinc.e of Nortlh Carolin.a.and his pitta;.cee of seventy pounds a year fromn the C(row(n c(llargedl on Q(uit I:ellts being eight ) ears in arrear. It; is doe to justice, Mty I.oord, that I rel)resent 'I' HIowlld to ) our Lordshlip as a GenTtlellman wlhose mnoral.. chllracltelr, political principles '.ld steadinress in the support of the Klin go's ( overlen drinlg my administrationi in Nortl C1arolinlla e ntitle him to my V' est report and I hope, My Lort(I, suchll mell.it m'ay exc1use e i o flro expressi',ng my warT:nest wisIes tlhat your Lor(lslhip mn' be pleased to recollmend him t(o a palrticipation of the lloydl on.ty which ll is Majesty lhas so grtaciously d munliifit(enttly dispensed among ]is suffering serva( ts alnd sulbjects in Am llerica. M\r Williamlil K nig'ht, (Comtptrolle r (f the (ustoms at Port oanoke in, No rth Caroli'n,M., is also amionolg t11e ( 1. l.er't' of' Refutgees from0 766 STATE RECORDS. that Country and hlas the merit of mallintainaiing, h.is allegiance to His Maijesty while the (ollector of that Port Mi' James Iredell has taken an open and eager part in rebellion. 1He is come hitller a poor mnan alnmost destitute of the means or subsistance leaving a Wife and Children belhind lhim the rest of the nllumlI)elr above-men tion ed are Mercllants or persons in that line and mlechanicks who have all the great merit of unimpeached loyalty except two a M1' George M[ill1er and a A' M1Maxwell who after having borne arms in rebellion repented, forsook the cause, refused to abjure their sovereign aInd are come ilither to throw themsellves uplon His Majesty's mercy. Of thle who'le nIumber there is only one native of C'arolina, a young mnan of the naml.te of Brice of whlomn I had some knowledge in that Country and who is confessed on all. ]ands to have distinguiished himself by his spirit, zeal and loyalty through the whlole course of the rebellion mnost remarkably. This merit is of so peculiar a nature, My Lord, that I think it deserves notice and I am therefore labouring with all my little migiht to obtain some provision for him wlho is come here destitute of everything but indignation at the usurpations that have undone his Country with whlich his honest heart is replete. By Captain M'O"Donald of Kingsborough made prisoner among the Loyalists \who appeared in arms in North Caroiina at the beginning of the year 1776. and lately permitted by the iRebels to come hither to negotiate his exchange I learn, My Lord, that the private men taken at the time of' their unfortunate dispersion were suffered )by the Itebels to return to their homes on laying down their arms but the Officers are still held in captivity so that that their pay whhich I presumne your Lordship will thilnk them entitled to receive to the time of their release is still accumulating and I am concerned to think will amount to much more than their wsell intended services were worth. IBy the tenor of my commission, however, for raising that Body of M.ien no higher rank was conferred than that of Captain, the pay of which ample as it is for such persons as had that still among themn, I am sorry to find lhas not given contentnment universally, so difficlllt a thing is it to satisfy somne men from. a pronenless but too colmmon among Mankind in general to overrate their own merits and services. In my distribution of pay among those who have come. within my reachl I have endeavoured to do.strict justice according to my engagements to them on behalf of STATE RECORDS. 767 Government and I lhave transmitted to the Lords Commissioners of His NMajesty's Treasury my accounts of disbursement of Pluiblick MoneCy wliche I trust will meet withl their Lordship's approl)ation alid for the -future I propose to request the favour of Sir Willifam Howe to direct that the. North (Carol ina.[P rovinciais wlto are Prisoners and shall be forthcoming from time to time mauy be paidl by the TLParrymaster of Provincia:l Forces a.s it will be more in the prop!er train and order ofthings and perlhaps more satisflatory to the parties al.nd it will at the same time deliver e froim:infinite trouble land difiiculty in the tra.nsaction of a mroney business with whiclh I amn much u n ac q uaip ted. It lhas been nmatter of th.e mlost he:artfelt concern and nor'tifica-:tion to nle my Lord to have been here so long and still to renmailn an idle spectator of a sceie so i:mportant as s this (olntry exhlibits land so highly interesting to the honour iand dignity of my Royal IMaster's Crown and the nationlal chartater and welfare. I hope 1 your Lordship will think that the utmnost I could do on my arrival here was to offer mny nhumble service as an individual to the Commander in Chief of IHis Majesty's forces, this 1: could not fail to do, MIy Lord, but no occaesion has be oen found to employ nme. Your Lordship will discern I persuade myself that I could hlave no cha.nce or opportunity to raise a Corps of Provincials while the levies set on foot under the auspices of theo Governor of tlis lProvinee exerting the utmost zeal, alpplication and address lhave filled much slower than reasonable expectation I therefore flatter myself tlhat T sh.all stand acquitted before Iis ]Majesty and your Lordslip of being idle thlrough mIy own- supineness or neglect. M[' Stuart Nwho will h]ave the ]lonour to (deliver this dispatch to.your Lordship is Collector of IHis ls.Majesty's Customs at the Port of New London in Connecticut where e e remained some time, long indeed after the u-tsurpations of rebellion had rendered it ilrpracti*cable to discharge thle duties of his ofice, from a delicate sence of the propriety of remaining in his station until he had authority to remove firom it. During l:is stay there his thorough zeal for his Maj esty's service engaged him to tapply hfimself with unwearied diligence to the consideration and employment of the best means for *its advancement and by long residence in the Country and close observation of the turn and temper of the people he has acquired I think a perfect Knowlcdge of bothi as well as much inftormation n~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~' 768 STTE ATE iECCOT -DS. of this Region and its inhabitants in general. His aiimablle temper and disposition joined to a dis(creet and prudent address anrd deportm.ent hlad begotten a degree of respect towards hi ll very unusual among that uncourteous I't ace of poop)le, wherlefor e he wts ablel to continue longer among', theiml tl tn. pecrh:liaps any otiler person could have do11ne without impe(: hent of Ihis loyalty, attachment atnd dut7y to Ils SoverC'igl w'ilhen service wtast the sole ob)ject of his sta y thlere undler eveiry i i(ll Iumtacel of mortific(atioln arn da(11nglr that pnnctual ully sunrroundelit l.lilll and lie (quitted the glroulInd not 'til lie had the fullest (onvic(:tion that lh.e could no1 longer p).ossibly furthler it and sawt jealousies kindlingl again-st hliml that swonuld soon and inevitably involve hin:mself and hIis faim ily in perdition witilOlut a. 1prospect or eve e1 cl aie of atdvantagi ng in the least degree t.he gr'eat causei of.I.is King and( (Country to which the wl.ole lma.n,and all hiis faculties a te d( eoted. 1 have presuled, My Lord, to dwell the longer upon tlhis G(Ccnltleoman.T 'S on(duct beca.use it appears to n1e to. hIave an extraordinlaryx mierit and. I be)g leave to ladd of AM' Stuiart that lie is a very inmo(lest observing juldicious man a:iid of so mu(ch coriret('tne':.s thlt lt your Lord(sllip I am l ersua de.(l iml: rely 'upon whatever ifllor Imlation lie 1n: ') b1e table to giive. A. I". Jameis Cotton of:N~ Claolilla -wh:o wentl from hlorne somjle timre 'ago w ill pro.ba)ly hlave vwaited o(l In ' vur Loi.dsh.ip. I th.erefore tlink it pr1op) er to n(. 1nt0ion hii in this ptl:tcc as a person 1who hlad accordinig to 1my bt infl)r'lal tion a!l the mIterit set forth in my Certificate that I presum re he will have prod]uedi to your Lordslhip xwhich in a,mlan rathler of vnlgboar li fe, anld c:ilaractl e adll( more especially in a native of Newcs Enrgland 1d cann ot but est:imua te very highly. I transmit herewithl to your Lor'dslthip a (C opy of thle law of proscription enacte(] by thele rebel powers of.N Carolinl whose vigouri hath compelled mtany of his iMaIjesty's good subjects to leave thalt Country. I have the honour to t)o with the higlcest respect M y Lord Yo I. Lord (isiips most olbedient a1lid mnost huIn 1l r1 e serlv an t JO: MAI RTIN. Rce: 26t Novetmbeir. STATE RZECORDS.76 769 [B. P. R. 0. Aii. & W. IND. VoLr. 222.] In Gov. MV-artin's (N0. 9).) of j 5th Sepher 1777. Copy of a Law of proscription, enacted iby the Rebel Powers of North Carolina. An Act for declaring wl.iat crirries and practices against the State shall be Treason aind what shiall be minsprision of Treasoli and providing punishments adequate to crimecs of both classes and for preventing the dangers which may arise fromt Persons disaffected to the State. 13e it enacted by the General. Assembly of thie State of North Carolina and it is hereby enacted by the authority of the sameo tha-tt all and every Per-son and P'ersonis (PrisToners of War excepted) now inhbabiting or residing wit~hin. the L.imits of the SRtate, of North C/arolina or who shall volun,.tarily conic into the samne hereafter to jithabit or reside (10 owe aiid shall pay allegiance to the State of T-North Carolina And be it further enacted by the authority aforesaid that if any Perso~n or P~ersons belonging to 01 residing within this State anid under the Protection of its LaM s shall. take a Conminission or CoinMrssionIs fromY.I the Kin~g of' (xi ret I 3ritain or any unsder his authiority or other the enemnies of this State or of the United States of America or shall levy War aorainst this State of the Government thiereof or knowvingly or i-N idlngly shall aid or assist any enemies atoe'War against this Sta te or the IT1uited States of Arineric~a by joining their Armies or by enlisting or procuring or persulad-iiigp others to enlist for that puirpose or by fur-nishing suchI Enemiies with armns, ammunnition, provision or ariy other article for their aid or comfort, or shall formi or be anywise concerned in formning any combination, plot or conspiracy, for betiaying this State or the IT~nited States of America into the hands or powver of aIny foreig enemry or shall give or send any Intelligence to the Enem~ies of th~is State for that purpose, every person so offending and being thereof legally conv~icted by the Evidence of two sufhicient Witnesses or stan ding mnute or pereni ptorily challenging in ore, thian Thirty-live Juror~s in aniy Court of Oyer or Term-iner or other CouLrt that shall. and inay be established for the Trial of such offences shall be adjudged gutilty of high Tr1ieason and shall suffer 49 770 STATE RECORD)S. death without the benefit of Clergy and his or her estate shall be forfeited to the State. Provided the Judge or Judges of the Court wherein such conviction may be shall order and appropriate so much of the Traitor's Estate as to him or them may appear sufficient for the support of his or her famniy. And be it further enacted by the authority aforesaid, that if any Person or Persons within this State slhall attempt to convey intelligence to the Enemies of this State or of the United States or shall pnblickly or deli berately spe.ak or write against our Public defence or shall maliciously:nd advisedly enle:avor to excite the People to resist the Governmlent of this State or persuade them to return to a dependence onl the Crown of Great Britain or shall knowingly spread false and dispiriting news or maliciously an-id advisedly terrify and discoulrage the people from enlisting into the service of the State or shall stir up or excite Tumults, disorders or Insurrections in the State or dispose the people to favour the Enemy or oppose and endeavor to prevent the measures carrying on in support of thce Freedom and Independence of the said United States, Every such Person or Persons being thereof legally corlvicted by the Evidence of two or more credible Witnesses or other sufficient Testimony shall be adjudged guilty of Misprision of Treason and shall suffer inmprisonment during the War and forfeit to the State one half of his, her or their Lands, Tenements, Goods & Chattels. And be it further enacted by the authority aforesaid that all offences by this Act declared Misprision of Treason shall be cognizable before any Justice of the Peace of the County where the offence was colmmitted or \where the offender can be found and every Justice of the Peace within this State on complaint to him made on) the Oath or Affirmation of one or more credible P'erson or Persons shall cause suclh offender to come before him and enter into a Recognizanc e with one or more sufficient sureties to be and appear at t]le next County Court of the (Conty wherein the offence was commnitted and abide the Judgment of the said Court and in tle mean time to be of the peace and good behaviour toward all people inl the State and for want of such. surety or sureties tile said Justice shallll and may commit such offender either to to the Gaol of the (JCounty or District where the offence was committed and appoint a G-uard for the safe conveying of him to such Gaol. And all persons charged on Oath or Affirmation with any STATE RECORDS. 771 Crime or Crimes by.this iAct declared to be Ti e^son against the State shall be dealt with and proceeded against in like manner as the Law directs in respect of other Capital Crimes. And Whereas the safety of the State and the present critical situation of affairs make it necessary that all persons who owe or acknowledge allegiance or obedience to the King of Great Britain should be removed out of the Sta'te. Be it enacted by the authority aforesaid that all the late officers of the King of Great Britain and all persons, Quakers excepted, (being subjects of the State and now living therein or who shall hereafter come to live therein) who have traded immediately to Great Britain or Ireland within ten years last past in their own Rliglt or acted as factors, Store-Keepers or Agents here or in any of the United States of America for M[erchants residing in Great Britain or Ireland shall take tlhe following Oath of Abjuration and Allegiance or depart out of the State vizt "I -t --- —-- will bear faithful and true Allegiance to the State of North Carolina and will to the utmost of my powers support maintain and defend the Independent Govern lment thereof against George the third King of Great Britain and his successors and the attempts of any other Person, Prince, Power, State or Potentate who by secret Acts Treasons Conspiracies or by open Force shall attempt to subvert the same and will in every respect conduct myself as a peaceful orderly subject and that I will disclose and mnake known to lie Governor, some member of the Council of State or some Justice of the Peace all Treasons Conspiracies and Attemlpts committed or intended against the state which shall come to my knowledge." And that all Persons being Quakers and under the circumstances above mentioned shall make the following atffirmtion or depart out of the State. 'vizt: "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 are or may be established for the good Government thereof and I do renounce any allegiance to the present King of Great Britain, his Iteirs and Successors and that I will disclose and make known to the Governor, some Member of the Council of State or Justice of the Peace all Treasons Conspiracies or attempts committed or intended against the same which shall come to my knowledge." 772 STATE RIECO.RDS. And the said Oath or Affirmation shall be taken and subscribed in open Court in the County where the Person or Persons taking the same shall or do usually reside. And be it further enacted by the Authority aforesaid that'the County Court in each and every County and every Justice of Peace in each respective County shall have full power to issue Citations against Persons coming within the above description as officers, merchants, traders, factors, store-Keepers or Agents and to demand surety or recognizance if necessary and to require their attendalnce at the next ensuing Court to be held for the County and if any Person so cited (due proof being inade thereof) shall fail or neglect to attend, or attending shall refuse to take the said Oath or affirmation as the case may be, then the said Court shall and mlay have full pow\er and authority to order such. person to delpart out of this State to Enrop)e or the West Indies within sixty days and may take.Bond and Surety in. the nanme of the Governor for the benefit of the State for faithful comnipliance with suchl order. And if any Person so ordered slall fail or neglect to depart withinl the limiited time such B3ond shall be forfeited to the State, without good and s-flicient reason shown to and approved of by the Governor and Council tAnd the Justices or any of them in the County w herein the person so failing or neglecting to depart slhall be found shall and may cause himl to be apprehended and brought before tlhe Court of the County where the Order was made and the said Court shall in such case send the person so offending as speedily, as may be, out of the State either to Europe or the West Indies at the cost and. chargcs of such offender. Provided, nevertheless, that all. and every suchll. erson and Pers ins shall have liberty to sell and dispose of his or tlieir Estate and after satisfying all just demands to export the amount in Produce (Provisions and Naval Stores excepted) and lnay also nominate and appoint an attorney or attorneys to sell and dispose of his or their Estate for his or their use and benefit But in case any real Estate belonging to any suchlperson shall reinain unsold for more than three months next after the owner thereof llath departed this State the same shall be forfeited to and for the use of the public. And be it further enacted by the authority aforesaid that if any person so departing or sent off from this State shall return to the same then such person shall be adjudged guilty of Treason against STATE RECORDS. 7'73 the State and shall alizd may be )proceeded a:lgainst ill like manner as is h.lerei.a before ditrected in cases of ITreason. And be it further enacted by the authority aforesaid that 'each and every Justice in each respective County may cite any person or persons to appear before the Conlty Court wlere sucll Person or Persons usually reside and talke the afresaid Oath or Aflirmation and in case of non-attendanice or refiusal the said Court shall and may have fulll power to colml:)el sutch Person or Persons to leave the State ulnder the same regulations herein mentiolled in other cases. Rllead three times and T.Ratified in General Assembly the 9th day of Mlay, Ann o Dom.. 1777. (Signed) SAM'. ASIIE S. Senate. A. NASH. S. Comlmons. [MIINUTEiS OF ITHE' COTJ Co'IN OUR OCFL CAl'rlmItRli'r COjOUxTSV.] The last Court held in Carteret County, that recognized George the Third, met in Beaufort the 19t' of Maarch: 1776 The next Court was held the 18t' day of June, bunt George the Third is not mentioned September 1 6"'t:1777 "This Court Taking into consideration the nlecessity of Sulpporting the Independency of this & the other United States Recolmend that Each Capt of a Colnpany, either respective Private Miuster Tender to each Militia Man the oath of alegience to the State and that a Justice attend such Muster to administer the oath and Rtetulrn the Narnes of such Persons who RIefuse when called upon to Take the same to the Next Ntourt and that each Captain be Furnished with a copy of this Recommendation by the Clerk. December 1i6" 1777 The Court orders that Trhos Weeks be siglted to Court to shew cause why he Did not Take the oath of alegience to the State as pr. order of Court & according to law 774 STATE RECORDS. [NORrTH CAROLINA GAZETTBIE, SEPTEMBER, 19, 1777.] NEW BERN, September 19, 1777. A few days age we received an Account from the Bar, that two English Brigs, one a very large one, the other mounting 10 or 1.2 Guns, were arrived within the Bar, and had taken several Vessels which lay there, particularly a large French Brig. There were many Vessels there ready to go out, but the chief of them escaped by running ulp into the River again. The itltmost Dispatch is making here to drive these Slieep steelers from whence they came, for 'tis supposed the fat.Mutton on the Banks has been the chief temptation to this desperate Manoeuvre. The Stulrdy Beggar Privateer, of 14 Carriage Guns and 100 Men, the State Brig Pennsylvania Farimer, of 16 Guns and 80 Men, belonging to this Town, are preparing to sail with all Expedition, in Quest of the English Pirates. [NORTH CAROLINA GAZET'iTE, SEPTIEMIBER 26, 1777.] WILMZINGTON, Septemiber 1 9, 1777. A Report prevailed here a few days ago of the Randolph Frigate of War, belonging to the United States, having taken four Vessels, which has this morning been confirmed by a Gentleman from Charlestown, who informs, that for want of seamen, a number of Gentlemen of that place, Volunteers; and one Mr. MI'Queen, with several of his Negroes, went on Board; she then proceeded to Sea, and took a large three decked ship mounting 20 Guns, and two other Vessels of 8 Guns each, from Jamaica bound to New York; their Cargoes consisted of 600 hogsheads of Rumn, 800 hogsheads of Sugar, and a chest of half Johannes's supposed to belong to the Commissary, who was taken on board the Ship; the Vessels and Cargoes were computed at above Onel-Iundred Thousand Pounds Sterling. She also retook a French Vessel loaden with Salt. STATE RECORDS. 775 GOV. CASWELL TO CAPT. JOHN NELSON OF THE CRAVEN MILITIA. [From Ms. Records in Office of Secretary of State.].EW BERN 20th Sept. 1777 SIR, You are hereby required to raise the Company of Militia under your Comma.nd, or so mrany of them as you caGn March with the greatest expedition and most Secret }Manner to Core Banks, there to repel, or do your best endeavour to repel, tlhe enemy at or near that place, a-nd by all. means to remove the Stocks of Cattle & Sheep so as at every event to prevent their falling into the enemies hands. You are to Ambuscade, Harrass, Distress & Destroy the enemy all in your power and when you have it not in your power to Annoy them, you are to observe their Motions & fiom Time to Time you are to give me Notice or in my Absence you are to Convey such Notice to Major lBarron at New Bern, of the Enemies motions & your progress. Let me entreat you to be vigilant in this Business as it ilmports every real Friend to his Country to exert himnself upon this Occasion. You will Continue on Core Banks untill you receive fitrther Orders from me or Other your Superior Officer. I am Sir Your obed Servt. E. CASWELL GOV. CASWELL TO JOHN WILLIAMS & WILLIAM BURGESS ESQRS. [From MS Records in Office of Secretary of State.] NEW B1ERN 20th Sept.. 1777 GENTLEM EN If. the two Brigs, belonging to the Enemy are still lying at Ocracock, it may be necessary to make some attempt to remove or secure them, which can not be effectually done without sending Armed Vessels against them in which case it will be necessary to have a sufficient number of Pilots on board of such Armed Vessels, I am therefore to request if the Brigantines are yet at the Banks or are removed higher up the Country you do immediately require ten Qf the Pilots, such on whose Fidelity you can depend, to pro 776 776 ~~~STATE R-,ECORDS. ceed imme-idiately to this Ipiace to receive suich orders from me or the Con-imiarding Officer of the Miflitia hiere, as, mnay be gi.Ven1 them. Ifyou w~ant ini n their stead or ainy ynum.ber of M.-;en for the Security of y ou r people or of the State or y7onr iBank, Let me know anid they shall. be immecdi ately supp lied to your Assistance. I am &e. 1111CII.A.RD CA SWELL. MR. THO. CLARKE TO H1IS EXCELIA__N'CjY RICHJARD CASWELL ESQR. [Fromn MS. Records in Office of Secretary of State.] Bi CourE Cou-v 22nid Sept. 1777 Silt) Inciosed are three Certificates fromn this County Court, ordering Thomas B3-og, Richard Jones and myself to Depart this State I therefore send the Bearer hereof G4eorge, (hapla-in to -wait on~ your Excellency for a P astport for Thoinas B3og, Rtich'd Jon-.es & myseht to go out in the kSloop 'Free Mlason thirty Tons, Bu3rthen Th1omas. Bogr M-aster which I hop:e your Excellency will Grant. The Vessel's Cargo Con-sist of Twenty IHogsheads Tobacco, Forty B3arrels Flaxseed, Three thousand Staves & one Caisk Beeswax. Iam Siri Your Ex celncycs \ most oibcd 1Iinu. Servt. TIIOS. CLARKE1. TIIOS. H. HALL TO HIS EXCELLENCJY' RICHARD CASWELL ESQR. [Froni MS. Records Oflice of Secretary of State.] 23 rd Sept. 1777. MAY IT PLEASE' Youit EXCEALLENCY To forgive incTi tl.rc presumiptioil for addressing you at all, an~d next for the Subject of that Address. 'Youir Excellency I~ prsm ibef ore this shall reach y~our Hand, will. be informred, that John Le-wellen was convictedl on Saturday last at Edenton for the Crine of High Treason; the Intention of this is to interceed with your Excellency (if you do not think such a desire iriconsistent with your IDuty and Character) to respite the Execution of that unhappy deluded Man and permit an opportunity of applying to the Afercy STATE iRECOiEDS. of the next Assembly for P~ardon, its being his first Deviation fromn iRecti~tnde antid Virtue. and the, almnost exemplary fairness of his formier Character and thie Certainty that Disgrace and pennry must remain entailed on. hiis family consisting ahnuost eutirely of the soft&i Sex, and ch-ie-fly arrived to Womanhood, and the Kn owl.edge which I and all the World have of the m~ore than Ordinary teflderncss of your Disposition,are bothi my plea for Mercy and I hopes my Excuse for tlins presulniptioil; to youL Sir ( was II capable ) of thie Pathetic it were needless as thec Tears of th1e Wid~ow and the Orphian mu~iszt be to such- a headl and I'feart as yours the m,.ost prevailiIng Inter.cessors. To~ thre Crimninal's former good Character I expect your Excellency wiii. re-ei-ve sonie rrestiiaoliiials nuder the hand of' the most considerable Meln. in Martin County (the place of his residence) -who very earnestly \wish the success of TJrs. L.ewellen,'s Petition aiid she isaccol~aied by a Gentflenman one M~ir. M1-ayo w ho will be alble to in.iformu vour Excellenicy of the Chiarfacter of thile subscribers to a Label which- will be delivered writ~h tile P~etition. I aii your Excellenc\'-s?v ost olbelient Ser~Tan t THOMT\AS II. 1-IALL. AARON LAMBEIRT TO GOV. CASW ELL. [From M\1S. Records in Office 'of Secretary of State.] MmNIiAEIL5II ELLj Sept. 24"' 1.777 To tile honorable govenor Rtichiard. Caswell of the state of' north Caroli~na MIay -it Please your excellny& the Counsel to consider that 'Canon balls is very much wanting in this state & there isnioe one but myself that cares to Proceed on -work. at tilat brancil but mny,self & our Comnmission from the northward is in a grate measure Cut of tllat we Call git noc supply from~ them at all the, grand Contfinantel Congress desired that all those Employed in Casting Canon:shot & Employments of Iron should be discilarged fromn Any service i-A the Mlelisha & if your Exelancy with your Counsel. thi~nks Proper tllat I with mny Privates should be Cleard from serving in 778 STATE RECOR)S. your melisha well if to the Presence your will shall be my Pleasure but IRerrnember I have A Large Quantity of shot to Cast forye former yet & other Private Merchants of this State which I cannot done without help of which I beg my Privates to be Releast from theisecond draft I myself from the forth & your Excellency with your Counsel may depend I will two the outer most of my end every to serve this state with as smany shot as in my PowerLies & if Any hoine Enemies should oppose, sur I am. your most;. obedient & humble servant & yours to serve AAtRON LAMBERT.. [NoR.arTH C:ROLINA GAZETTE, SEPTE1:lrBlIin 26, 1777.] NEVr:,3EI.N, Sept. 26. 1.77T. By a gentleman just arrived from ClharllestowTn, we are informed' that one of the large three decked Ships lately carried in there by Capt. Biddle in the Randolph continental Frigate, proves to be a prize taken by C'apt. Palmer in the privateer Nancy, belonging to IMr. John T. Stanley of this Town. It seelns a few days after' Capt. Palmer took her, a large Ship of 20 Guns fromn Jnamaica. retook her, in a Day or two after which the Ranrdolplh fell in with them both and conducted them safe to Charlestown. The Nancy las also taken a Guinea-fMan with 100 Slaves, Ivory, and otherl Valuables, and sent her in to Georgia. [NORTH CAROLINA GAZETTE, OCTOBEoR 3, 1777.] NEW1BEIRN, October 3, 1777' In our last, we gave an Account of the Randolph Frigate hav — ing carried a large Ship into Charles-Town, which was first taken' by the Privateer Nancy, of this Port, Capt. Palmer, and afterwards-. re-taken by a large Ship from Jamraica, mounting 20 Guns; by Letters from IMr. Stanley's Agent in Charles-Town, the Account is: confirmed; the Ship is called the Severn, mounting 10 Guns, from: Jamaica to Bristol, and is valued at ~40,000 Sterl. Capt. Palmer engaged and took her at the head of the Jamaica Fleet on the4th of August last. The other Vessel taken by Capt. Palmer is a, STATE RECORDS. 779 Scow called the Inverlmay, fromr Jamaica to Pensacola, with Rum and Slaves, said to be worth Y~35,000 Proc. 11 Capt. Palmer conducted her into Savannah, in Georgia, himself, and is preparing for another Cruize. [G-EN. WASHINGTON'S LETTERS, 30OK 169, VOL. 4, PP. 31, 32, 33 & 38.] Camp Near Pennibacker's Mill, Octo. 5th, 1777. SI:.: lHaving received intelligence thro' two intercepted letters that Geen'l Howe had detached a part of his force for the( purpose of reducing IBillingsport, and the:Forts on Delaware, I communicated the accounts to my General Officers, who were unanimously of opinion that a favorable opportunity olffered to make an attack upon the Troops which. were at and near Germnantown. X* * 4.~- -7- +:- 'Lord Sterling with Nash and Maxwell's Brigades was to form a Corps de reserve. Upon the whole it may be said the day was rather unfortunate than injurious. We sustained no material loss of men and brought off all our Artillery. The Enemy are nothing the better by the event, and our troops, who are not in the least dispirited by it have gained what all young troops gain by being in action. We have had, however, several valuable officers killed and wounded-particularly the latter. General Nash is among the wounded and his life is despaired of. IDEM, Octo. 7t', 1777. I beg leave to mention to Congress that there is a great deficiency of General Officers in this Army. When the detachment coming fromi Peekskill joins us, we shall have tlirteen Brigades. These require as many Brigadiers and half as mnany Major Generals. Instead of these we shall have only four IMajor Generals and eleven Brigadiers, and the deficiency will be increased by the Death of General Nash, which from every appearance, is momently to be expected. *X- * -x- ** -x I have the hionour to be, &c. &c. GEORG(-E WASHINGTON. HIon'ble John Hancock, Esqr., President of Congress. 780 780 ~~STATE RECORDS. DANIEL WILLIS SE-NR. TO GOV. CASWELL RESPECTING ADMTN. &C. [From MS. Records in Office of Secretary of State.i Oct. 1ot" 1777 MTAY IT PLEASE 'Your, Ex~c-JfErL LE-NCY I have a smrall favr. to begg' If your Excellency w xili le pleased to gr~an~t it Viz. as m,,yy Deceas'd B3rothier Agerton W illis gave the graitest Part of his Estate to his Afolata,- boy Josep)l anid as- he is a born slave & not set free Ao'reeabie to L-aw my brothiers heirs are not satisfied thlat lie shiall. have it. I amt Onie of' tI Exectrs.,and by Mr. M.Crice's D)irections hav~e the Estate -in iny possession as the Trustee Refused giving Seenrtythat the boy should have it when off Ag(.)e If hie Could lInhlerit it anTd n'ow this seting(- of coun1seli somte of themi Inten-ds to Apply for Adlministration as graitest Credittors. I amn my -Brothers hecir at Law and if Administration is to be obtained I will1 apply mryself Before the Rise of the Counsel and 'bl)egg) your Excellenicy will not granlt it to any off themn Unitill I (Dome your Excellency's C~omplicance wvill graitly Oblige you~r miost Obedient [1H ribmlle Servt to Command -DA-Nh WILLIS, SEN. Pray. Excuse my freedmn. WM. WILKINSON ESQR. FROJM HOI(.N. CORN. IHARNETT. YORK rTo(wN P ennsy1,31lvan~ia Oct. 10 1777 DEAR SIR, This makes the iitlh Letter I have w\rrote you since I left hiome,somte on business and others with niews- I have three, days ago, rec'd your favours of the 4 & 1-1th Uilto. Poor Co~l Kennons famiily, I feel -for themn i-ost sincerely. It gives rien pleasulre to know you have disposed of half the Concern to Ge-ntlemen high, very hig'hi ry estenin. But yusl too chap such a Still as the lacrge one, could niot have been purchased in PI-hiladelphia when. I left it nu~der ~1,500 this Currency-I ann glad you have somte Molasses to mnake a beginning with, your 35.000 gallons -distilled wvith rum wvould fetch G0s per Gallon in this state & several others, STATE RECORDS. 781 it is amazing to see the advanced prices on every thing in this Country. I shall enquire as to a Distiller, but you may be assured you may purchase Negroes or any other article of Commerce 150 per cent. cheaper in No. Carolina than you could in Philadelphia before Congress left it, 500 dollars for a small Mulatto boy has been lately given- As to labourers, you may surely get them either on )purchase or hire 100 per cent cheaper than I can possibly procure tlhelm here. The Distiller I shall attend to & procure one if possible- I shall be very happy if MIr. Brice will undertake the transacting the whole business of the Cornpt.- I am really surprised Mr. 13enning should bring in any other Charge for repair I can only say I will not allow one farthing more than I did at the last settlement, he told me of a small matter which h e said would be about 30s or 40s. I agreed to pay that, but I cannot Consenrt to the doubling the ruin. I refer you to the Bearer Col. Walton for news as he hlas every necessary information with himl. Ie is a Georgiia Delegate retlurning home. I beg you will be civil to him & introduce him to all our friends. HIe is a worthy man. MI'r. Quince & Mr. Ancrum never write to me, I have malice at heart against them both. I shall write to Mr. Brice fully in answrer to his letters as soon as I can have it in. my power to give himr satisfactory Information. Tell him this. I have it not in my power to Correspond with Capt. Forster's brother or ary other Gent in the Lower Counties. I would advise mry f:riend B1rice to go on with his administration in fact the people in that-state are two thirds I may say -- Tories, I hope Mr. Forster is not one of them-. General Washington's Army marched towards the Great City, the 8th Inst. and I suppose intends to have another brush with the Enemy-G-od send his success. Our Northern affairs seem to be in a good train. Genl. Burgoyn is in a very Critical Situation. Good news is hourly expected from that Quarter. Colo. Walton is just setting off. Dr. Sir, Your sincere friend &c. &c. CORN. HARNETT. 782 STATE RECORDS. EXTRACT OF A LETTER FROM A MEMBER OF CONGRESS. DATED YORK, October 10th, 1777. On the 4t' instant, our alrly niade a wise and well concerted attack upon the British force, encamped at and near GermanTown, the enemy were surprised, forced, and actually beaten; we were in possession of their Camp, tents, artillery, &c. but they rallying to make a last effort, and our left and riglht columns approaching in that instant each otler in their victorious progress, were, by each, mistaken for a fresh reinforcement coming up to the enemy, and instantly began to retreat, without allowing a possibility of being stopped. This was occasioied by a thick fog, and such a state of air as kept down the smoke of cannon, &c. so as to prevent the distinguishing of objects above 50 yards. Thus the enemy, though beaten, kept the field, and accident deprived us of a brilliant victory that was absolutely in our possession. Our troops however retired in order, tho' with too much precipitation, and brought off their wounded, cannon, and every thing else. Our loss in this affair is about 700 killed, wounded, and missing; that of the enemy very considerable no doubt, as thley were pushed before our army 2 miles; but this is rendered more certain by an Account brought from Philadelphia by a person who can be relied on, that left the ci ty since the battle. IIe says that the enemy lost Gen. Agnew, Colonels Abercromnbie, Wfalcott, Byrd. of Virginia, and Gen. DeHeisters son killed, Gen. Kniphausen wounded in the hand, and that between 2 and 300 waggons load of wounded were brought into the city before he left it; this is conifirmed by many Quakers who were at the yearly meeting, and who add, that Howe had actually sent 2000 Hessians over Schuylkil, probably to secure a retreat. He refused to let any of the Inhabitants of Philadelphia see the field of battle. On our part, General Nash is dead of his wounds, Col. IIendricks and Lieut. Col. P'arker from Virginia, wounded, but not mortally; two of Ger. Sullivan's Aids mortally wounded, Col. Stone of Maryland wounded, but not mortally. We have not yet a particular list of the killed & wounded from the General. Last evening came an account to town that Capt. Barry had attacked the F]rigate Delaware ( lately takenl from us at Philadelplhia) with the Brig Andrew Doria of 14 Guns and 2 gal STATE RECORDS. 783 lies, and had retaken the frigiate. It is fine e-ws if it proves true. 'Our army is in excellent spirits, satisfied they can beat the enemy, ~and keen for another opportunity of trying; they will probably be indulged in a few days, as our Virginia reinforcements of 17 or 1800 have got up since the engagemenlt. HOWELL EDMUNDS TO GOVERNOR RICH'D CASWELL. [From MS. Records in Office of Secretary of State.] Oct. 10th 1777. SIn, At the request of the bearer I have wrote a few lines to you:informing you that BIenj. Clifton ( who is the bearer ) is appointed by the field Officers and Justices of the Co'ty of Southampton in the State of Virginia agreeable to an Act of Assembly passed in that State a regular Soldier in order to fill up their Regiments and as he is an inhabitant of our County and State of North Carolina we Conceive that they have no Right to Proceed in such a Manner,and do therefore request that you would please to remonstrate to the first Magistrate of that State against such proceedings. He has.several papers to lay before your HIonour on the Occasion which if you should think proper to inspect and are of Opinion he ought to be redressed hope you'l Act accordingly: I've not to add; but am.your Honour's most Obedient and very Humble Servt. IHOWELL EDIMUNDS. 784 STATE RECORDS. ["1GEN. WASHINGTONT's LIETTERS,"1 BoOKi No. 169, VOL. 4. P. 55. kSEE ALSO P. 48.] Return of Cloathing wanting in the following Brigades of Con-. tinental Troops, Viz. Octo. 13thy 17-77. (Extract) 0~ ~ ~ J 12 0,J -0 k - 1st Northi Carolina, 77 I 04 52 42 31 33 ---— 79 92 2nd D171 12(.145 1688819.,82 8 -3rd D~o 25 53 72 88 46 66......81 50 2 4th Do. 59 54 '120 11181 62 83......9(9 54......... 5th Do. 32 89 '188 179 I1 65 114 '.... 151 96 62 i.... 6th D)o. 28l28 29 582129 39.....30 22 --- —---- +' th Do. 7 26 77 73 I20 42 59 54 28 o 8th )o. 11 11 53 30 15 8..30.. 12I 9th I)O. __I_ ---6 —'16..2. ___ ___ ____ 1~~~, 5 1 12~7 119 112,1.9 Of interest as showi-ng the composition and condition of' tie, N. o. Brigade in Pennsylvania shoi thy after the battle of Greimyanl tow~n, Oct. 4, '717. F n EXTRACT OF A LETTER FROM A GENERAL OFFICER. [North Carolina Gazette October 31, 1777.1 WITLLI.kAu[5SBURG, October 17. On the 2d of this instant the plan laid for attaeckingo the, enemy,. by surprise, was put in execution yesterday the 3(', upon the di~sposition following. We begun our inarch at six o'clock the evenling' before, with an intention to begin the attack< at 5 next morn-ing.. Generals Suilavan's and Wayne's divisions formned the right wingy, in order to attack the enemy's left; Generals Green's and Stephen's, divisions to form the left wing, and attack the enemy's right; Gen. Conway's brigade to march in front of the troops that composed the, right wing, and fil~e off to attack the enemy's left flank.; Gem. McHDougall. to mnarch in front of the troops that composed the left wing, and to file off to attack the enrysrig'ht flank; Generals. Nash and Maxwell's Brigades to form a corps of reserve; Generals. Smallwood's and Fenner's, with the Militia from Maryland and STATE RECORDS. 785 Jersey, to attack the enemy's right wing in flank and rear; General Armstrong's militia of Pennsylvanians to attack the enemy on their left flank & rear. The proper measures, previous to this enterprise, being concerted, we marched at the time mentioned, but having 14 miles to march, did not arrive so'soon as we expected, so that it was near 6 in the morning of the 3d before the attack became general. The enemy's whole force was collected. We drove them two miles with considerable loss on their side. Our loss cannot be ascertained as yet; they have made some of our men prisoners. The loss of the enemy is uncertain, but believe they have suffered much, as we passed great numbers of them slain in the field. Our Army arrived here again last night, much fatigued, having marched all night and all day without halting refreshing; and am happy to find they have no objections to another trial, which must take place soon. The: enemy were posted at GermanTown, and all their troops from Philadelphia were called up the evening before,, which makes me think they got wind of our intentions, notwithstanding the precaution used to prevent it. CORNELIUS HARNETT TO WILLIAM WILKINSON ESQUIRE WILMINGTON NO. CAROLINA. Favoured by Mr. Bradley YORK PENNSYLVANIA Oct. 23rd 1777. DEAR SIR, A Gentleman is just arrived in Town who has been Lately in Genl. Gates Camp & says he saw Gen. Burgoyne with our General. The account he brings of the Surrender of the British is as follows; that 1 Lieut. General (Burgoyne) 2 Majors General, 7 Brigadiers, 2 English & 1 Irish nobleman and a Great Number of Officers and 5000 Privates were taken together with 40 ps Brass Canon, 15,000 stand of arms a quantity of Cloathing warlike Stores Baggage &c. &c. It is however surprising that Congress has received not a Line from Genl. Gates on this important matter. Genl. Howe has removed his army into or near the city and Genl. Washington's head Quarters are at German Town- Our people have as yet kept the Command of the river by possessing the Fort & Assisted by our little fleet who have repulsed the Enemys ships 50 786 STATE RECORDS. Twice a Report prevails that the Detyance & Roebuck, were terribly shattered by our Gallies a few days ago- Shew this news to Mr. Hooper & Maclain &c.- Your Letter to Mr. Mitchell I sent to him & he acknowledged to me he received it, I never could get a sight of John Daldson all the time I was in Philadelphia I believe he is ashamed to see me. The family live in the Country as also Mr. Mitchel, West, Fuller & indeed all my old rcquaintances-I saw [Mr. Tate about 2 weeks before I left Philadelphia he told me he had seen Jackey a short time before that in good health at Burlington the week Congress fled from the City. I intended to go to Burlington on purpose to see him — Let me know whether I am to bring him home with me in the spring — I shall take care to get him to me. Negroes are not to be purchased at any price you would choose to give, Neither can I meet with a Distiller, all the Tradesmen except such as would not choose to remove are in the army, or employed by Congress at Excessive high wages. You had better employ a Distiller from Charles Town — I am entirely satisfied with the Sale of half the Distillery, & Mr. Brice's appointment to the management of it — I congratulate you on the success of the Comps. Vessels — You will be pleased to acquaint me who are the members Chosen for Our Counties about C. Fear & remember me kindly to all me friends. I have not time to write to any body but yourself & Mrs. Harnett — Give me the Prices current in Wilmington of Tavern Charges Market stuff- & other necessaries. I want to show the people here how cheap we can live in No. Carolina in propotion to the Extortion of this County — I am glad to find you have a kind of Press in Wilmington; I wish Jonathan would enlarge his paper, I really am ashamed to Shew our paper to the members of Congress. We have the Post at last established here, but no Press which prevents my sending you any News papers, I hope we shall not be long without this necessary method,of Conveying intelligence I am Dr. Sir, Your sincere friend & Obedt. Servt. CORN. IHARNETT William Wilkinson Esqr. STATE RECORDS. 787 [NORTH CAROLINA GAZETTE, OCTOBER 24, 1777.] NEWBERN, October 24t', 1777. Since our last, Capt. Ward, of the Independent Company stationed on Core Banks, has taken a Prize Schooner called the Liverpool, commanded by Capt. M/ayes, from Providence to New York, loaded with Fruit and Turtle for Lord Howe. This Vessel put into Cape Lookout Bay, under the Sanction of a Pretended Friend, but Capt. Ward's Vigilance soon discovered her to be an Enemy, and in the Night boarded her with some of his Company, and took her. She is about 30 Tons, has been fitted as a Privateer, and now mounts several Swivels, and is reported a very fast Sailer. On Tuesday last was married, Mr. James Green, Jun. of this County, to M}iss Peggy Cogdell, second Daughter of Colonel Richard Cogdell, of this Town; a most amiable and agreeable young Lady, with a considerable share of Beauty and other Accomplishments. EDWARD HALL TO GOV. CASWELL OR IN HIS ABSENCE TO JAMES GLASGOW ESQR. [From MS. Records in Office of Secretary of State.] 25th day of Oct. 1777. MAY IT PLEASE YOUR EXCELLENCY This is to Certify that James Booth and Benjamin Booth, being appointed Executors by their Father Thomas Booth deceased in his last will and testament; but the said Thomas Booth being unacquainted with the formality required by the Law relative to witnesses, there being but one exclusive of the said James Booth and Benjamin Booth; wherefore the Court of Edgecombe County on the motion of the said Benjamin and James Booth, have granted unto them Administration on their Father's Estate the Will aforesaid to be annexed to the Letters of Administration, I having no Letters have given them this Certificate to your Excellency and am with the profoundest Respect Sir, your Humble Servt. EDWD. HALL C. C. 788 STATE RECORDS. [WASHINGTON PAPERS: ARMY RETURNS VOL 40. P. 91.] Agreeable to His Excellency's order of ye Inst the following promotions will take place in the 3rd N0. Carolina Batt'. Comnmd by Col~. Jethro Sumner 4th Oct 1777 Kedar Ballard Captn In the room Capt Jacob Turner Decd. 18 June John Clendenen 2d Lieut in the room of W'" Rushworm Resigd. 16th Oct~ Charles Coleman Quartermaster in ye room of Wl" Wilson resigd. 4t' Oct~ Charles O'Neal, 2d Lieut in the room of Capt Ballard promoted. JETHRO SUMNER. [Endorsed] Promotions in the 3d NC. Carolina Battalion Octr. 29. 1777. LTTER FROM J. JONES. YORI 30th Oct. 1777 DR SIR Attacks were made the 22nd inst. on Fort Mifflin and Redbank in both of which the Enemy were repulsed. A Batterie on providence Island and two upon the Bank opposite to Fort Mifflin thrown up to reclaim the great Marsh below providence Island opened upon the Fort, and were supported by six Ships warped through the Cheveaux de fries at Bellingsford Our Gallies and armed vessels in the River assisted the Fort, and in conjunction they kept up so effectual a Cannonade upon the Ships as to Disable a 64 Gun Ship and Sloop of War a small Frigate, & and the Enemy set them on fire before they quitted. One of the four that retired was the Roebuck greatly damaged. Baron Donop with 1200 Men attacked Redbank and after a short Cannonade marched up with fixed Bayonets in two Columns. They passed the abattis, entered the ditch & some passed the picket, but were so warmly received, they fell back & fled, leaving Bar. Donop, his Brigade Maj., a Capt. Lieut. & upwards 70 men wounded & prisoners-1 Lieut. Colonel, 3 Capts. 4 Lieuts. & near 70 killed, near 300 mus STATE RECORDS. 789 kets and a considerable number cartridge Boxes &c taken-we lost one Capt. 3 Sergt 1 fife 4 privates killed-1 Ensign 5 Sergt & 23 privates wounded. The loss in yr. Vessel & Fort Mifflin very considerable. yrs. J. JONES. No letters from Gates confirming the surrender of Burgoyne and his Army. [NORTH CAROLINA GAZETTE, OCTOBER 31, 1777.'] NEW BERN, October 31, 1777. In the late Battle of German-Town, fighting under the illustrious Washington, in the glorious Cause of freedon, the common Inheritance of Mankind, lately invaded by the bloody Legions of a most inexorable Tyrant, fell the brave, but unfortunate Brigadier General Nash. He was posted at the Head of the Troops of Reserve, when the winged Messenger of Death, a Cannon Ball, summoned him to the peaceful Regions of Bliss; it struck him on the Thigh, tore his Body in a most dreadful manner, and killed his Horse under him. Every Assistance was immediately offered, but in vain; and he now lies in the Dust, with the other worthies of America, who have fell sacrifices in the great Cause, and whose blood cries aloud to Heaven for Vengeance on the Authors of this great national Calamity. General Nash was among the first in this State who stood forth in Vindication of Injured Innocence and the rights of Humanity, and very early took the Field as Lieutenant Colonel in the first Regiment of this State, where his Superior Abilities and exalted Merit soon rlised him to the Honourable Command from which he fell. Coolness and Intrepidity in the Day of Battle formed him for a Commander, and a polite, easy and complacent Behaviour, gained him great Esteem in the Army. In private Life, he was the Gentleman, the Social Companion, the Friend of Mankind. In Domestic, the most tender, affectionate, and indulgent. If his Country, Society, his Friends and Relations are deprived of so valuable a Member, how severe must be the stroke on his mournful and widowed Lady, who, with two tender Infants, the dear Pledges of their Conjugal Felicity, are left to lament his Loss in unutterable Woe. If any Alleviation can sooth 790 STATE RECORDS. the sobbing Breast of his disconsolate Widow, it must be the great and glorious Cause in which he fell; no less than that of endeavoring to free the Land from the Depredations of bloody Tyrants, who are wasting our Country with Fire and Sword, and Spreading among us every Species of Desolation, even the brutal Violence of Female Chastity. [ NORTH CAROLINA GAZETTE, OCTOBER 31, 1777.] On Sunday last, sailed from this Port, on an intended Voyage to Jamaica, a second Scotch Transport, having on Board a Number of Gentlemen of that Nation, particularly Mess. Archibald and John IHamilton, Gentlemen that have long resided in America, and, with great Reputation, acquired very considerable Fortunes, but are unhappily under the fatal Ministerial Delusion, which has driven such Numbers of their Countrymen away, the sure and Certain Subjugation of America by the British Troops, when they may return in Safety, and not only re-possess their own Estates, but, for their Loyalty, share among them those of their Neighbors, the rebellious Americans. As there are great Numbers of these infatuated and over-loyal People returned from America to their own Country, the Chance is much against themn, that they experience a Completion of Churchill's Prophecy, before they see the triumphant Day when they may return to America in Safety. [EXTRACT FROM THE MINUTES OF A BRIGADE COURT MARTIAL, AT WHITE MARSH Nov. 1777.] To His EXCELLENCY G-ov. CASWELL Extract from the proceedings of a brigade court martial held in consequence of general orders at White Marsh Nov. 1777 Col James Hogun president; before which court Capt Thos Granbury came prisoner, being accused of "Misdemeanors unbecoming the character of an officer" Capt. Granbury denying the charge, the following evidences were sworn in court viz: Ezekiel Jones, who deposed that whilst Capt. Granbury was recruiting in North Carolina, a certain John Jones enlisted with him for the time of six months, Soon after which a certain Wm Hinton offered the pris STATE RECORDS. 791 oners four pounds to obtain John Jones discharge, & he believes Capt. Granbury gave Mr. Hinton an instrument in writing obliging himself not to call on said Jones as a recruit. Q Did Capt Granbury receive the four pounds which Mr. Hinton offered? A I cannot tell; but J Jones did work for Mr. Hinton to that amount. Q Did J Jones ever do duty as a soldier after this? A IIe did not. Q Had Jones received the bounty A. I believe he did, I saw him sign an enlistment Q Do you know any. thing of Jacob Bagley's enlistment? A He told me he was enlisted; and he served as a soldier till the company got to Long Bay So. Carolina, where he stopt sick, & he never joined the company again; and he told me he had given Capt. Granbury five pounds for his charge. William Marston, who deposed that lie saw & heard read a discharge signed Thos. Granbury for Jacob Bagley, who told this deponent that he gave Capt Granbury five pounds for it. Q Was Jacob Bagley properly enlisted? A I do not know, but he did duty as a soldier in Capt. Granbury's company, till he was left sick on our march to S~. Carolina. Q For what term was he enlisted? A I believe six months. Q When was he enlisted? A I believe in May 1776 Q What do you know of John Jones being discharged? A He told me Mr. Hinton gave capt. Granbury four pounds for his discharge. Q Did Capt Granbury ever send for Jones or Bagley after they had got their discharges? A John Jones told me offered to return him the four pounds telling him lhemust serve out his time, which Jones refused to do. Rueben Knight who deposed that Jacob Bagley told him he had purchased his discharge from Capt. Granbury for five pounds that William Hinton told this deponent William Barlow had also got his discharge from Capt. Granbury, on condition he would attend the Mill of Mr. Granbury senior one year. Q For what term was Mr. Barlow enlisted? A I cannot tell. He did duty in our company till he got to Charles town South Carolina. 792 STATE RECORDS. William Smith, who deposed that William Barlow told him, he had got his discharge from Capt Granbury, on condition he would attend Mr. Granbury's mill for one year, which condition he was then fulfilling. Q By the prisoner. Did not Wm. Barlow agree with you to serve in his stead? A He did not. I enlisted in my own name and for myselfBarlow was still in the service & being an acquaintance, I enlisted into that company that I might be with him. Q By the court. Did Barlow continue at the Mill after your enlistment? A He did Q What bounty did Capt Granbury give you? A Twenty Dollars. Capt. Granbury's witness being out of camp, the court adjourned till 9 O'clock to morrow morning. Tuesday 18 Nov. 1777 The court met according to adjournment and Capt. Thomas Brickle being introduced by the prisoner was sworn and deposed that in the evening after John Jones was enlisted his brother (a boy) dropt into deponent's house a paper, in which was inclosed the three pounds that the prisoner had given Jones in part of the bounty & that John Jones absconded, that some time afterwards Jones was apprehended by another of the name of Jones, who charged for his trouble therein forty shillings, which money Joseph Granbury paid him, & as no troops were then in that part of the country he discharged Jones, on being reimbursed the forty shillings. Q Did Mr. Josiah Granbury know John Jones had been enlisted? A He must have heard of it but he was not present at his enlistment. Q Was ever the prisoner in that neighborhood afterwards, or did he ever endeavour to have Jones brought up to the regt? A He was not there for some months, and upon hearing his brother had discharged Jones, he gave him up. Q. When the prisoner returned where was this Jones? A In Chowan County where Capt. Granbury resides. Q Do you know if John Jones paid a valuable consideration for his discharge & what? A I do not know that he did-but he worked with Wm Hinton to repay the expence of apprehending him. STATE RECORDS. 793 Q Do you know Jacob Bagley and was he a soldier? A I know him and know he was a soldier in Capt. Granbury's company. Q Do you know any thing of his being discharged? A Capt. Granbury discharged him, because he was then sickly But he was healthy & well, when the troops marched last spring for Carolina. His being sickly induced Capt. Granbury to tell him if he could get an able bodied man in his room he would give him a discharge; & Mr. Granbury Sen. & Barlow told me he had got one Smith to take his place. Q Do you know if Smith got the bounty of Barlow? A I cannot tell Q. For what time were these soldiers enlisted? A Agreeable to Resolve of Congress, three and one half years Q When were they enlisted? A In April or May 1776 Q When were Barlow & Bagley discharged? A Uncertain when, but much within a year after their enlistment. The prisoner in his defence observed to the court that the soldiers, whose depositions were taken, were offended with him for not giving them their discharges, which he refused to give, because their time was not yet expired That with respect to John Jones, he thought he might let him go, because he had not any of ihe country's money in his possession. A muster roll was then produced signed by Capt Granbury and dated July 23rd 1776 wherein were returned John Jones deserter, Jacob Bagley sick absent & William Barlow effective present. The court then taking the whole matter before them into consideration, were unanimously of opinion, that Capt Thos. Granbury had discharged several soldiers contrary to 2d art sect. 3d of the articles of war. It was also the unanimous opinion of the court, that Capt. Thomas Granbury by thus discharging, as he thought proper, soldiers belonging to the continental army, had broke art 4th sect 12th of said articles, inasmuch as he thereby misapplied the money with which he had been entrusted for the purpose of enlisting men into the service of the United States; therefore it is their opinion that Capt. Thomas Granbury ought, and he is hereby adjudged, to be cashiered, But as it is impossible to determine here, what sum of money he ought to refund agreeable to the last mentioned article of war; it is the opinion of the court that the judge advocate transmit & he is hereby ordered to trans 794 STATE RECORDS. mit, a copy of these proceedings to the governor of No. Carolina (Capt. Gransbury's place of residence) that he may there be brought to justice. Itis farther the opinion of the court that agreeable to Act 22 Sect. 13th of the articles of war, Capt. Thomas Granbury's name, place of abode, crime and punishment, be published in the newspapers in & about camp & of that particular state, which he came from, or usually resides, after which it shall be deemed infamous for any officer to associate with him. Copied from the minutes of the court this 18 May 1778. JOHN DOAK TO GOV. CASWELL. [ From MS. Records in Office of Secretary of State. ] ORANGE COUNTY NOV. 1st 1777 M[AY IT PLEASE YOUR EXCELLENCY I have been a prisoner of this State these twenty months first taken by Capt. Rowan then paroled to H-alifax by Colo. Martin and by Authority of the Congress of this State held there. The 2nd day of April 1776 I was ordered and signed a parole (as a prisoner of War) to the County of Orange Not one shilling of allowance have I received tho' I find that by Authority of the Hlonr' the Continental Congress and this State the rest of my fellow sufferers are not only sent to the northward (as I apprehend) to be ready for an exchange (should such a Circumstance happen) but have been paid up their full allowance as is Resolved by both Congresses. I most sincerely thank the Gent. of the Congress for the indulgence they have already given me yet I am at a loss to know for what reason I am left here alone-should this present Assembly send any more Prisoners from this State I would gladly take my Chance of being exchanged and wish to be ordered to a place where some of my acquaintances may be stationed. The Assembly may be assured I will do my utmost (on my Parole without a Guard) to get to the place they may orderI hope they will give me a little time to go to Cumberland to get in readiness. Your Excellency will be pleased to excuse this Freedom when I STATE RECORDS. 795 assure you that it is my hearty wish that these unhappy times may be soon brought to a Conclusion and that each Country may enjoy the liberty they have aright too and that I am your Excellency's Most obed Humble Servant JOHN DOAK WILLIAM CRAY JUN. TO GOV. RICH'D CHSWELL. [From MS. Records in Office of Secretary of State.] November the 1st day 1777 SIR, Agreeable to a Commission to me directed for the district of Onslow, for Recruiting and taking up Deserters no Recruits at present But transmit you the Names of the Deserters taken that is Wm Renn Wm Iall of 1st Battalion Wm Howard, Stanet Burns, Wmn Morten, Edwd. Harnmonds, Marten IHammonoids. Nehemiah Huggins, Henry Williamson James Ward, all of the 6t' Battalion Yabrie Warters of the 8t" &c. The above persons were taken and delivered to Capt Daniel Williams of the 6t' Battalion by WiL CRAY JUN. THANKSGIVING PROCLAMATION. IN CONGRESS NOV. 1 1777 For as much as it is the indispensable duty of all men, to adore the superintending providence of Almighty God, to acknowledge with gratitude their obligation to him for benefits received and to implore such further blessings as they stand in need of: And it having pleased him, in his abundant mercy, not only to continue to us the innumerable bounties of his common providence, but also to smile upot us in the prosecution of a just and necessary war, for the defence and establishment of our inalienable rights and liberties; particular in that he hath been pleased, in so great a measure,. to prosper the means used for the support of our troopsi and to crown our arms with most signal success. It is therefore recommended to the Legislative or executive powers of these States to set apart Thursday the eighteenth day of December next for solemn thanksgiving & praise; that at one time and with one voice 796 STATE RECORDS. the good people may express the grateful feelings of their hearts & consecrate themselves to the service of their divine benefactor And that together with their sincere acknowledgements and offerings, they may join the penitent confession of their manifold sins, whereby they had forfeited every favour, and their humble & earnest supplication, that it may please God through the merits of Jesus Christ mercifully to forgive & blot them out of remembrance; that it may please him, graciously to afford his blessing on the governments of these States respectively and prosper the public council of the whole; to inspire our commanders both by land and sea & all under them with wisdom and fortitude, which may render them fit instruments, under the Providence of Almighty God, to secure for these United States the greatest of all human blessings, independence and peace. That it may please him to prosper the trade and manufactures of the people and the labour of the husbandmen, that our land may yet yield its increase: To take schools & seminaries of education so necessary for cultivating the principles of true Liberty, virtue and piety, under his nurturing hand; and to prosper the means of religion for the promotion & enlargement of that kingdom, which consisteth in "' righteousness, peace and joy in the Holy Ghost." And it is further recommended, that servile labour and such recreation as, though at other times innocent, may be unbecoming the purpose of this appointment, may be omitted on so solemn an occasion Extract from the Minutes CHAS. THOMSON Sect'y. JAS. READ TO WILLIAM WILKINSON ESQR AT WILMINGTON NORTH CAROLINA. Fav'd by Lieut Green DEAR SIR, I wrote to you the latter end of August acquainting you that I delivered the Letter of Introduction you gave me to Mr. Mitchell for which I return you my sincere thanks & that I went to Burlington the 21st of that month & saw your Nephew who was in good health. I expected to have heard from you before this but in a Letter STATE RECORDS. 797 which I lately received from my Sister I was informed you had not received my Letter. Mr. Bradley who left Camp the 20th Ulto. can inform you of occurrences to that time, since that Count Donop with about fifteen hundred men was sent over the Delaware to storm Fort Mercer (this Fort is at Red Banks on the Jersey side of the River) when he arrived near the Fort he sent in a Flag ordering them to surrender or he would put them all to the sword. The Commanding Officer (Lieutenant Col. Green) sent him for answer to come on, and if he failed in the attempt he might expect retaliation; Accordingly the Count and his stormers advanced, but were soon obliged to retreat leaving near five hundred killed, wounded, & Prisoners, the Count was also wounded and fell into our hands We had killed & wounded in the Fort about forty or fifty. Their Shipping attacked our Gallies & Floating Batteries in which they lost a sixty four Gun Ship said to be the Augusta & a six and thirty Gun Frigate said to be the Apollo both burnt. Gen. Howe and his Army still remain in Philadelphia & on short allowance. Enclosed you have a return of Gen. Burgoyne's Army made Prisoners by Gen. Gates, their Articles of Capitulation I have not been able to procure. As the Post comes regularly to Head Quarters I shall be exceedingly happy to receive a Letter from you by that conveyance. I am Dear Sir Your obdt & very Humble Servt. JAS READ. Camp near White Marsh (thirteen miles from Philapelphia) Nov. 4th 1777 Please to remember me to my Friends & acquaintances WILLIAM GREGORY TO GOV. CASWELL. [From MS. Records in Office of State.] Favored by Jona. Dunbibin, Esquire. WILMINGTON Nov'r. 4th 1777 Ever Hon'd Sr. this comes to inform your Excellency that Abigail Gregory my wife Chuses not to Qualify as Administratrix to the Estate of her son Willm. Veale Deceased but leaves the whole to my care; I should have long before sent but as the Chiefest 798 STATE RECORDS. part of the Estate I am to settle for is an Acct. with a person gone to Philadelphia, some Months past and is not Returned, so can not send a full Acct. of the Estate till have settled with him. Shall be ever Obliged to your Excellency to send the letters by Mr. Jonathan Dunbibin of this place which will lay a lasting Obligation on Your Excellency's most IHumble and Obed Servant WILLIAM GREGORY EDWD HOWARD TO GOV. RICHARD CASWELL. [From MS. Records in Office of Secretary of State.] Mr. Cray is a great friend or a burning Enemy for I think he puts difficulties in my way to keep me with my family or I believe he means to Ruin me for he never did try to send me out of the State only in a open whale boat to Charles town or Georgia as I know off that we must have been some times at sea & some time within Land, which would only Expose me to the weather but Robery & felony against the States so I Refused to go as it was not to the West Indies or Europe but about the first of this month he sent me to Wilmington gaol where is a stinking loathsome place & very cold, tho' if you or he had Committed me to my own plantation I would not have disobeyed you. My proceeding after I left your house was as follows Viz. I went down to bogue on White Oak River and spoke to Mr. Steal & Capt. Gurlin both and agreed for a passage with the first that did sail, my Chest and bed & part of Clothes has been there ever since I was ordered out before so that I did not think their would have been advantage taken by the Vessels not sailing as it was not my fault & I did no harm as I know of, I would have Affirmed that I would not have wilfully done the States any harm at first if it had been allowed me but the oath that was put to me I thought I could not safely take so I beg if I have offended you will Pardon my Offence its great grief to me to leave my Wife & family I Confess, that if you will permit me the affirmation I will take that and Endeavour to Conform myself to the Laws of the States only in bearing arms & if it cannot be allowed me I desire you will send rue out as speedy as may be I could I believe have gone out here if the Commitment STATE RECORDS. 799 would have allowed it I beg you will let me go out at bogue as my things is there as Capt. Gurlin is Near sailing if you do not allow me to stay so write myself your Miserable friend EDWARD HOWARD November the 9th 1777 [JOURNALS O' CONGIRESS, VOL. II. P. 312.] Tuesday, November 4t', 1777. RESOLVED, That his excellency, governor Caswell of North Carolina, be requested to erect a monument of the value of 500 dollars, at the expense of the United States, in honour of the menory of brigadier-general Francis Nash, who fell in the battle of Germantown, on the 4th day of October, 177, bravely contending for the independence of his country. SUPPLEMENT TO THE NORTH CAROLINA GAZETTE, NOV. 7, 1777. NEW BERN, November 8, 1777. Last night we received a Virginia Paper, containing a Confirmation of the most pleasing and important Account of the Surrender of General Burgoyne, with his whole Army, to Major General Gates. This is a fatal Blow, and must surely check the Pride and Vindictive Spirit of the British Court. Let every Countenance brighten, and every Heart overflow with Joy, at the important Event. It was received here with great Acclamations, the whole Town, with the Gentlemen of the Council and General Assembly, waited on his Excellency the Governor at the Palace, where many Patriotic toasts were drank under the Display of the Continental Flag, and a triple Discharge of Cannon, the Town handsomely illuminated, and the Evening concluded with a festive Joy that testified the Feelings of Americans at an Event that bids fair for their Delivery from Slavery and Persecution. CAMP WHITEMARSH, 7th Novr, 1777. Proceedings of a Board of Field Officers of the North Carolina Brigade by order of Colo. Alex. Martin Commandant in order to 800 STATE RECORDS. recommend Officers to fill up the Vacancies occasioned by the death of Lieut. Col. Henry Irvine of the Fifth and resignation of Samuel Lockhart Lieut. Colo. of the Eighth Battn. Colo. Jethro Sumner; President. Colo. James Hogun Lt. Col. John Patton Arch' Lyttle Major Wm. Lee Davidson Members. Lott Brewster Henry Dixon ) The Board do recommend Major Wm Lee Davidson of the fourth Battn he being Eldest Major to be promoted to the rank of Lieut. Colo. of the Fifth in the room of Lieut. Col. Irvine who fell in the battle near Germantown of the 4t" of Octr last his Commission to bear date accordingly. Levi Dawson Major of the Fifth to the rank of Lieut. Colo. in the Eighth in the room of Lieut. Colonel Sam'l. Lockhart resigned the 19th October last his Commission to bear date from the above resignation. Captain John Armstrong of the Second Batt" he being eldest Captain in the Brigade to the rank of Major of the Fourth in the room of Major Davidson promoted. Also Capt. Thomas Hogg of the First Battl" he being next Eldest Captain to the rank of Major of the Fifth in the room of Major Davidson promoted. The Commissions respectively to bear date from the time of the above Vacancies. JETHRO SUMNER, Colo. P. MAY IT PLEASE YOUn EXCELLENCY. The within Proceedings of the Board of Officers of the N. Carolina Brigade I approve of and do recommend the Gentlemen Officers within named both for their rank & Merit, to your Excellency to fill the Vacancies aforesaid. ALEX MARTIN, Colo. Comdt. Nov. 7th, 1777. His Excellency General Washington. Endorsed: W". Lee Davidson, Major of 4t" promoted to t Lt Col. of 5th vice Lt Col. Irvine slain at Germantown. Oct 4, 1777 Levi Dawson, Major of D~ Lt- Col. of 8th vice Lockhart, Oct. 19, 1777 John Armstrong, Captn. in 2d do. Major of 4t"h vice t Davidson, - - - - - Oct 4, 1777 Thos. Hogg, Captn. in the 1st DO Major of 5th vice Dawson,Oct 19,1777 Promotion of Field Officers in the No. Carolina line. STATE RECORDS. 801 TO THE HONORABLE THOMAS BURKE ESQR. MEMBER OF CONGRESS AT HILLSBORO FROM ABNER NASH. NEWBERN 10 1777 DEAR SIR I rec'd your favour and shall communicate its contents to the House as soon as we make one & in case they signify a desire that you should come down sooner than you say will be convenient to you will contrive to let you know it- I make no doubt Sir after so long an absence from your family & private Business you must feel a strong desire to stay a while & I hope the Assembly will consider this circumstance and allow you to exercise your own will & discretion on this subject. We had heard fully of the affair of Germantown before I rec'd yours & also of the total reduction of Genl. Burgoyne who with his whole army arms Baggage &c has fallen into the hands of the immortal Genl. Gates on wh. I congratulate you- I thank you Sir for the honourable mention you make of my poor Brother, his fall has been a matter of great affliction to me, it is however no small consolation that he fell in the service of his Country & in the best of Causes- In hopes of seeing you as soon as is convenient I remain wt. great regard, Dr. Sir your obedt. Servt. A. NASH. Writs of Election I suppose will Issue as soon as we shall have made a House on WILLIAM WILKINSON ESQUIRE WILMINGTON NO. CAROLINA BY POST FROM CORN. HARNETT. YORK PENNSYVANIA Nov. 13 1777 DR. SIR, As Our General Assembly are now sitting inr New Bern I only trouble you with a Letter to Mrs. Iarnett. As for News I inclose you only the Printed papers of which I sent you a Copy before, but lest they should not have come to yr hands I send DuplicatesGenl. Washington is to be reinforced from Genl. Gate's Victorious Army, they are hourly expected to arrive at head Quarters- On 51 802 STATE RECORDS. the Other hand Genl. Howe we are informed is to be reinforced from N. York, as 30 transports have sailed from Sandy Hook which are expected at Philadelphia- We still keep with our little forts and fleet, the Command of the river, it is expected another grand Push is soon to be made by the Enemy against Red Bank &c. in that Quarter all our Garrisons have been lately very strongly reinforced & should this Grand Attack take place a severe conflict must ensue, we have every thing to hope from Our Brave Officers & men in that Quarter, & I think nothing to fear. We are informed the Inhabitants of the City begin to be greatly distressed for want of the necessaries of Life, some I pity Others perhaps deserve this Calamity — in a very short time it is hoped the Enemy will not be able to procure any supplies for their Army either by land or water- Rtemember me to all my Friends, you know them perhaps better than I do. Get your Vessels out of the river in time so as to make two Voyages during the winter, the risque is allowed to be in Winter only as one to three compared with a Summer's Voyage- But these matters I leave to you Gents concerned-submitting to their judgement whither at such times as these, trade should not be pursued with Vigour & dispatch, as well as War I am with real esteem, first of all telling that Jackey is alive and well. Dr. Sir, Your sincere friend & obedt Servt. CORN. HARNETT. Should you be over burthened with money, Mrs. Iarnett's receipt I hope you will Conceive equal with my own, for any sum you choose to pay her on the Copartnership account-as to Continental Currency. I would as soon have the Currency of our own Country- I can buy a bottle of wine I believe in Wilmington cheaper for our Currency, than I can here for Congress Money whoever drinks Madeiria here pay 30s per Bottle-we have no press. COL. BEN. HARRISON TO THE HONORABLE THOMAS BURKE MEMBER OF CONGRESS NEWBERN NORTH CAROLINA. VIRGINIA I3ERKLEY Nov. 13th 1777 DEAR SI.R, Your favour of the 24th Ulto. did not reach me until a few Days STATE RECORDS. 803 ago, owing to my being detained attending on an affectionate wife who has been some time confined by a very severe fit of illness, who I thank God is now on the recovery. I have been informed that Mr. Ronald has been set at liberty some time by the boys of the man of war without any conditions, you may depend I shall make further enquiry into the matter; as soon as I get to Newsbury which will be early in the next week and that if my information should not prove true I will use every endeavour in my power to set him at liberty; whenever I can be of assistance to you I beg you will command me without apologizing and that you will rest assured it is the highest gratification to myself to render service to those I call my friends in which number I have long taken the Liberty to put you-Our acc'ts, from the Northward are so very uncertain that I seldom venture to connmunicate a thing that I hear, you must therefore expect nothing from me but what may be depended on, and therefore very little news will fall to your share, the inclosed paper from my friend Jones is all I have but as it appears to be a second attempt and made after you left it may be acceptable-Burgoyne's capitulation to Gates is come to us, and will I suppose reach you as this does, what are your sentiments on it, mine are not much in his favour, he has let slip the most glorious opp'ty, of finishing the war, and what motives Heaven alone can tell, the least that we have to expect is the surrendering Troops will fill the Places of others from. England or Ireland and that these will be sent over in the spring against us, but my fears are that they will not be sent off, but that as soon as they are on ships they will come round to Howe if his Business should not be effectually done very soon. Wine is a thing you know I am very fond of, it enlivens some men and brightens their ideas, but others again it stupyfies and deprives of what little sense nature has given them. I shall never be surprised at any thing I hear done by the Phalanx, but for your amusement take what is said of them by the Rev. Mr. Duche to our general in chief who in the fore part of his Letter insolently prefers him to betray his trust and make Peace with G. Britain at the head of his army whether Congress will or not, and then ask him to take a View of Congress and to tell him what can be expected of such men &c. his words of the Eastern men are these "can you find one that as a Gent. you would wish to associate with, unless the soft 804 STATE RECORDS. and mild address of Mr. Hancock can atone for every other qualification, necessary for the station he fills. Pettifogging attorneys and men of desperate fortunes are his Colleagues." This Letter the Genl. sent to Congress and my friend Jones has transcribed a part of it and sent it to me, and I wished to have done the same for you if I was not as much tired writing as you will be of reading this cursed scroll I am Sir Your afft. and most obedt. Servt. BENJ. HARRISON. PAPER MANUFACTORY. [North Caroliua Gazette, November 14, 1777. By our unhappy Contest with Great Britain, and the Necessary Restrictions on our Trade, Paper has been an Article for which we, in this State, have much suffered, for though there are many Paper Mills in the Northern Colonies, where Paper is made in great Perfection, yet, by the Interruption of the Colony Trade by Water, the Southern Colonies have experienced a very great Scarcity of that necessary Article. To remedy this Evil and throw in their Mite towards the Perfection of American Manufactures, the Proprietors of a Paper Mill just erected near Hillsborough, in Orange County, give Notice to the Public, that their Mill is now ready to work, and if a sufficient Quantity of Rags can be had, they will be able to supply the State with all Sorts of Paper. They therefore request the favouriof the Public, and more particularly the Mistresses of Families, and the Ladies in general, whose more peculiar Province it is, to have all their Rags and scraps of Linen of all Sorts; old Thread Stockings, Thrums from their Linen Looms, and every kind of Linen, is useful. As this Undertaking is Novel, saving of Rags may perhaps be thought too trifling, and below the Notice of the good Matrons of the State; but when they consider they are aiding and assisting in a necessary Manufacture, and when the young Ladies' are assured, that. by sending to the Paper Mill an old Handkerchief, no longer fit to cover their snowy Breasts, there is a Possibility of its returning to them again in the more pleasing form of a Billet Doux from their Lovers, the Proprietors flatter themselves with great Success. Per STATE RECORDS. 805 sons in the several Towns and Counties in the State will be appointed to receive Rags, for which a good Price will be given. [NORTHI CAROLINA GAZETTE, NOVEMBER 14, 1777.1 STATE OF NORTH CAROLINA. By his Excellency Richard Caswell, Esq; Governor, Captain General, and Commander in Chief of the State. A PROCLAMATION. Whereas I have received authenticated Intelligence that General Burgoyne, and the whole Army under his Command, after repeated Losses, surrendered themselves as prisoners of War to General Gates on the Fourteen th Day of October last; To the End therefore that we may not presumptuously attribute the late signal successes gained over our Enemies to our own Strength, and thereby forget the interposition of Divine Providence in our Behalf, whose assistance we have experienced, and more especially in this Particular, wherein the Goodness of God has been so visibly demonstrated; I have thought proper, with the Advice of the Council of State, to issue this Proclamation, appointing Friday the Twenty Eighth Day of this Instant to be observed in all Churches and Congregations in this State as a Day of General and Solemn Thanksgiving, and I do strictly enjoin the several Ministers and Preachers of the Gospel to embrace this opportunity of testifying, in the most solemn Manner, those Sentiments of Gratitude which the happy Event so justly demands. Given under my Hand, and the Seal of the State, at NewvBern, the Eighth Day of November, in the Second Year of the Independence of the said State. i'f,~~ RICHARD CASWELL. By his Excellency's Command. J. GLASGOW, Secretary of the State. [NORTH CAROLINA GAZETTE, NOVEMBER, 18, 1777.1 BATH TOWN, North Carolina, Nov. 18. As I am left in this State on the recruiting service, and have charge of the recruiting Officers belonging to the 5th Battalion, 806 STATE RECORDS. desire that they will meet me at William Brown's in Bath, on the 5th Day of December next, as well with the recruits and deserters as they shall have recruited and apprehended. I also order all soldiers belonging to said Battalion, those left behind sick or on furlough with the deserters to meet nme at said place and day, that I may be able to make a just return of that part of our regiment left in this state. BEN STEDMAN. CORNELIUS HARNETT TO WILLIAM WILKINSON ESQUIRE WILMINGTON N~. CAROLINA FAVOURED BY MR. GILLON. YORK, PENNSYLVANIA, NOV. 19th, 1777. DEAR SIR, I yesterday received your favour of the 18th Ultimo. you accuse me of not writing to you, I can only say that I wrote while Congress remained in Philadelphia to my friends almost by every Post exclusive of other opportunities by private hands, I have answered your several queries by informing you that no Distiller is either to be hired or purchased on such terms as you, or the Concerned would think reasonable but really extravagant. I have told you in five or six of mine, that Jackey was well and at school at Burlington-&c If you choose me to send for him here, I will endeavour to accomplish it, as there is a good school here where he mnight remain until my return, & I would then bring him with me if it should be your desire. Genl. Washington's Army still remains near Philadelphia, and a large reinforcement is hourly expected from Gen. Gates. A report prevails that the Enemy have at last taken possession of Fort Mifflin (Mud Island) this is not yet confirmed but is thought probable-whether Genl. Howe will be able to hold his ground in Philadelphia this winter is still matter of doubt. Our little fleet and forts on the Delaware have behaved nobly. Mr. Gillon the bearer of this I beg leave to introduce to your particular notice-& that you will introduce him to my other friends in Wilmington-see that his horses are taken care of &c he is a very deserving man-send the inclosed to Mrs. Harnett. I refer STATE RECORDS. 807 you to Mr. Gillon for every other intelligence you may wish to hear, he is this moment setting off I am Dr. Sir Your sincere friend &c CORN HARNETT. William Wilkinson Esqr. We have neither Post, or Press here therefore can send you no printed accounts, I am obliged to catch an opportunity to write to my friends. Remember me to Mr. Quince &c &c RESOLUTIONS OR N. C. LEGISLATURE AS TO RESIGNATION OF OFFICERS, NOV. 20,1777. [From Letters to Washington, No. 19, P. 349-50.] State of North Carolina. In the House of Commons 20t" November 1777 Whereas, In the present critical situation of the American contest, It would be dishonourable to this State, highly injurious to the Public Service, and may possibly involve ill consequences of the most sdrious nature to America at large, that the Officers of the Troops raised as the Quota of this State for the Continental Army should quit their posts and resign the revered offices to which they have been appointed. and the Assembly from. the representation of their Delegates having reason to apprehend that many Resignations may take place unless some measures are immediately adopted to prevent the same. This I-ouse therefore, do, in the most positive and express manner, Resolve and declare that all, and every Officer of the Troops raised in the State of North Carolina who shall, unless for good and sufficient reasons certified to the Governor, to be such by the Commander in Chief 6f the Continental Army, resign his Commission at this Critical period shall be held and deemed incapable of holding hereafter any office Civil or Military in the gift of this State; and it is further Resolved, that a Copy of this be forwarded by His Excellency the Governor to His Excellency General Wash a 808 STATE RECORDS. ington, and that it also be published in the newspapers of this and the Neighboring States A. NASH, S. C. By Order JOHN HUNT, C. H. C. In the Senate November 20th 1777 Read & Concurred with SAM1 ASIE, S. S. Extract from the Journal JOIN HUNT, C. H. C. (Copy) CORNELIUS HARNETT TO WM. WILKINSON YoRK PENNSYLVANIA Nov. 20"t 1777 DEAR SIR, I this day received your Scolding Letter of the 30th Jlto. which is the fifth I have received since I left Cape Fear, I can say with truth that I have written to you more than twice in a Month since I left home, I sent you Mrs. Harnett Mr. Hooper & Mr: MacLaine particular accounts of the Battles of Brandywine & German Town, together with every transaction since at Saratoga, North River &c. If you do not receive them I cannot help it. I am convinced letters are opened in our Post office & not suffered to pass to the Place intended, since Congress have been in this Town it has been impossible to write by Post, as it passes through at no certain day only comes in late at night & sets off early in the morning. All the members complain of this & we shall in a few days have an office in the Town. I assure you I have been obliged to catch at transient opportunities and many times wrote in such hurry that I could only write a few lines to let my friends & family know that I was well, Mr. Penn has more Leisure than I have. 1 never in my life went through so much fatigue, being obliged to sit all day in Congress & often very often in the Treasury board till 11 at night. I have told you in several of my letters that nothing can be purchased here but at a most exorbitant Price, no Distiller either STATE RECORDS. 809 white or Black to be got at any rate or indeed Victuals to eat, in this once plentiful Country. I tell you again the 9t' or 10ot time that Jackey was very well about a month ago. Mr. Gillon has been detained much Longer than he expected which gives me an opportunity of answering your Letter. We have indeed been very unlucky in the fighting way in this Quarter but the success of Genl. Gates has made some amends for our misfortune, here. Fort Mifflin is certainly taken by the Enemy & it is supposed they will at last get their ships up the river, some imagine by this means Genl. Howe will be enabled to keep possession of Philadelphia this winter. A large reinforcement from Gen Gates' Army will in a day or two join Genl. Washington. Perhaps we shall soon see a a reverse of fortune. Genl. Howe also expects a strong reinforcement from N. York. The public have been much abused in regard to the number of Genl. Washington's army, it never exceeded 16,000 Including Militia which did him little service in either Battle, we have supposed Howe's could not consist of more than 10,000 but it is imagined by the best Judges to exceed that number now, after the great Losses they met with in the two last actions. We are generally too apt to lessen the number of the Enemies Army & Exaggerate that of our own, which is bad policy. We have no Press here I can therefore send you no papers. I wrote Mr. Hooper and Mr. Maclaine by way of New Bern a few days ago & beg you'll forward the inclosed immediately. The Indians have been of late very troublesome about the Neighbourhood of Fort Pitt, have murdered several of the Inhabitants, burnt their houses & destroyed their grain &c we hope a speedy stop will be put to their Devastations & that they will be reduced to the necessity of defending their own Towns, as the war will no doubt be carried speedily into their own Country. Congress have finished the Confederation, it will be sent by Express to the Assemblies of the several States for their Consideration. I heartily desire to be at home, & whenever I get there I shall with pleasure give up this very disagreeable & troublesome office. I have wrote my friends to beg they would send some person to relieve me. Tell Mr. Purviance I sent his letter to his brother Jno. I fear he is in New Jersey. Make my Compliments to Mr. Quince and all my friends. Mr. Hill's father died a few weeks ago in Boston. Colo. Buncombe we are told is a Prisoner in Philadelphia taken at Ger 810 STATE RECORDS. man Town. We hear nothing of Lieut. Col. Erwin it is supposed that he was killed in the field. They have been making rum to the Eastward out of the juice of corn stalks. I shall soon send you the whole process & am Dr. Sir, Your most obedt. Servt. CORN. HARNETT I hope this letter is long enough. [NORTH CAROLINA GAZETTE, NOVEMBER 21, 1777.] NEW BERN, November, 21, 1777. On Saturday last, a sufficient numbers of the Members of Assembly appearing, they immediately proceeded on business, and are now sitting on the important Matters of the State. On Tuesday the House of Commons resolved itself into a Committee of the whole House, to consider the Expediency of Opening the Land Office, and granting the Vacant Lands in this State; when they came to a Resolution for opening the said Office and granting as well the Lands in Lord Granville's District, as those lately in the King's Part, and appointed a Committee to prepare and bring in a Bill for that purpose. We hear from the Bar, that two Vessels are airived with Salt, and dry Goods, from old France, on Account of the Congress. [ARMY RETURNS N~. 15 P. 11.] This is to Certify that Lieut John Messer has my Free Consent to Resign his Commission JAMES HOGUN Colo.0 7 Batt. Novem.r the 22 1777 STATE RECORDS. 811 PROCEEDINGS OF THE COURT OF ENQUIRY 1777. HEADQUARTERS 22 day Novb. 1777 A Court of Enquiry to Sit to Enquire into the Enlistment of Sundry Soldiers in the 3rd No. Carolina Batalion Who Claim Their Discharges. By Order of Colo. Jethro Sumner. Members Maj. Dixon President Captains Lieuts Brinkley Wood Ballard Linton Yarborough Faun Hart Clendinin Thos. Bennet Being one of the Soldiers Say he was Enlisted for only one year & a half by Chamberlin Rudson who being Called On before the Court Refused to Sweare he was Sworn in for Any Limited Time, the Court is therefore of Opinion, he is not Entitled to his Discharge. Benja. Bridges also Claimed his discharge but Acknowledged he took the Oath agreeable to Resolve of Congress the Court is therefore of Opinion that he shall serve two years & Half. John Young Also Claimed his Discharge but agrees he was Sworn at the same time Bridges was Sworn and by the Same Oath, the Court is therefore of Opinion he shall serve two years & a half. Shadrick Medlen also Claimed his discharge and says he had a deposition of the man's Oath that Enlisted him and he gave it to Colo. Jethro Sumner. Henry Wiggins also Claimed his Discharge but as Mr. Redins Enlisted him & he not Present their Cannot be anything Dun in it. 812 STATE RECORDS. GOVERNOR CASWELL TO GENERAL WASHINGTON, TRANSMITTING RESOLUTION OF NOVEMBER 20, 1777. (Copy) NORTH CAROLINA 25. Nov. 1777. SIR, I have the honor to enclose you a Resolve of the General Assembly of this State respecting the resignation of the Officers of the Troops raised here; and to request you will be pleased in case any of the Officers who come within the meaning of the 1st resolve do resign to certify the same to me as soon as you find the;same practicable. I am, Sir, Yr Excellency's obedt Rd. CASWELL. Genl. Washington. (Endorsed by one of Washington's Aides (Harrison) to the effect that it was Ansd. Nov. 25, 1777). [NORTH CAROLINA GAZETTE, (NEW BERN) DECEMBER 5, 1777.] D. --- T, November 28, 1777. MR. DAVIs, The Sun's southern declination and my retired life, now and then afford a leisure hour to read or write. As our General Assembly is now sitting, would beg your indulgence of offering a few hints to their consideration, through the channel of your Gazette. Among the many losses that attend the planter and obstruct his success perhaps none are more so than the damage done by wolves, and other noxious animals among our cattle, sheep, and hogs, and it is known that colts and horses frequently become the prey of.such. As private subscriptions made for the encouragement of the vermin-killer, are seldom half or even quarter collected and paid, few will now be induced to give up their time for the purpose upon such specious nullities. I presume that a generous encouragement given by law for destroying these devouring animals, would prove an advantage to communities of every situation and calling. I would propose not less than five or six pounds for every wolf killed, and STATE RECORDS. 813 in proportion for panthers, wild-cats, bears, and even foxes, that destroy many of our lambs. The gratuity to be raised on the present mode of taxation according to the value of our estates. It is my own thought which I submit to the judgment of the public, that every grown wolf does 20 or ~30 damage yearly, in the compass of their range. And possibly the encouragement I would propose to give for vermin killing, would not on a medium amount to more than 8d. or 6d. or 4d. in the 100 pounds, and the object of that expence would be decreasing yearly, & before many years it would be a rare thing to hear of a wolf &c. doing damage among our settlements, and in proportion as these noxious vermin are thinned and destroyed, our cattle, sheep, and hogs, would augment, like taking the weight out of one end of the scales and laying it in the other. The increase of our live stocks, where no casualities obstructs, may be compared to compound interest, or geometrical proportion in arithmetic. Not to say much about our cattle and hogs, it is evident that our waste lands in this extensive country, is sufficient to raise and graze a hundred sheep for every single one we now have, or.can have, when so liable to be destroyed by devouring animals. [NORTH CAROLINA GAZETTE, NOVEMBER 28, 1777.] NEWBERN, November 28, 1777. By a Vessel in thirteen days from the West Indies to our Bar, advices are received that the sloop Lydia Capt. Appleton, of 12 carriage guns and 50 men, fitted out by Mir. John W. Stanly of this Town, had taken and carried into Guadaloupe, a large Ship with Slaves and other valuable Articles from the Coast of Africa, which are now selling and said to be worth between Twenty and Thirty thousand Pounds. HON. CORNELIUS HARNETT TO WM. WILKINSON. YORK, PENNSYLVANIA, Nov. 30t, 1777. DEAR SIR, Since my last by Mr. Gillon who has been detained much longer than was expected I have very little to add except an authentic 814 STATE RECORDS. account from Genl. Gates of the Enemy's evacuating Ticonderoga and all their ports in that Quarter, they burnt all their buildings & threw such of the Cannon as they could not Carry off into the Lake-Genl. Green with about 5000 of the American Troops on Monday the 24th Instant, we are informed, had a smart engagement with about the same number of British on the Jersey side. Congress have as yet received no certain Intelligence of the event. We comfort ourselves with knowing that had our army been defeated we should have heard it before now- Genl. IHowe we are informed has got one 40 gun ship & several Transports up to Philadelphia as there is now nothing on the River to oppose them. Some of our Gallies, & other armed vessels have got up the river above the City, such as they could not get up were burnt, the Loss of their vessels is to be inquired into. We are not without hopes of dislodging Gen. Howe from Philadelphia this winter notwithstanding the series of misfortunes & disappointments which have attended our army in this Quarter. One bold push may yet retrieve all. Gen. Howe is apprehensive of this & is guarding all in his power against it. Could this army be defeated, America is safe; Our whole collective strength ought to be employed to effect this grand purpose. By the next Opportunity I shall send you the articles of confederation; they are at last completed after being under the consideration of Congress for almost two Years; This has been the most difficult piece of Business that ever was undertaken by any public Body, it is the best Confederacy that could be formed especially when we consider the number of states, their different Interests, Customs &c. &c. The mode of settling the quota of Taxes to be paid towards the Common expense is at last fixed by the value of all Land held under Patent or Deed in each state. The Eastern people were much against this, knowing their Lands to be very valuable, they were for settling the quota by the number of Inhabitants including slaves, this would have ruined Poor North Carolina, she has as many Inhabitants as Connecticut (almost) tho' the Land in that state would sell for five times as much as the Lands in ours. I have wrote to Mr. John Mitchel to send Jackey to me, there is a good school in this Town & I can have him under my own eye & will (please God I live) bring him home with me. If Mr. Mitchel should not be able to effect this, I shall send for him. STATE RECORDS. 815 Let me know how our Copartnership busines goes on. I shall, I am afraid, have Occasion of a Bill for 2 or 300~ I wish you would have one in readines in case I send for it. Ask Mr. Brice whither he could ( or Tom Craike) undertake to purchase a large Quantity of Pork this Season. I wish I could know what number of barrels could be procured this winter in our State & at what price. Tell these two Youngsters they are sad fellows not to write to me. Remember me kindly to all my friends, you know them better than I do. I expect you always to shew my Scrawls to Mr. Quince, otherwise I should steal an hour from business to write to him. I am with esteem Dr. Sir, Your sincere friend & obedt. Servt. CORN. HARNETT. William Wilkinson Esqr. I have wrote Mr. Fred Jones Sen. 2 Letters relative to a Bill he sent by me, & have received no answer. Perhaps he has not received them. Tell him Mr. Shoemaker declined receiving the money. I have it now in a bundle sealed up & will send it to him if he desires it, or you may pay it to him there as he chooses. Mr. Shoemaker remains in Philadelphia, perhaps I may have the pleasure of seeing him there before the winter is over. I wish you would be so kind as to write to him on this subject- with the news such as it is. [NORTH CAROLINA GAZETTE, DECEMBER 5, 1777.] NEWBIERN, December 1st, 1777. To the end that deserters may have an opportunity of availing themselves of the pardon offered by the above proclamation, and for the more speedy and effectual apprehending and bringing to condign punishment, all those who are lost to every sense of honor, I have been ordered into this State for the express purpose of apprehending and receiving all deserted soldiers, and that none may hereafter plead ignorance, I hereby give notice that every deserted soldier from the continental troops, who shall surrender himself to me at Kingston, in Dobbs County, or any officer under my Command, before the first day of January next, will be entitled to pardon. And I do promise a reward of ten Dollars for each 816 STATE RECORDS. deserter who shall be delivered to me at Kingston aforesaid, or to any officer under my command, after that time. WILLIAM CASWELL, Capt. 5th N. Carolina Battalion, JOHN BEASLY TO RICH'D CASWELL. [From MS. Records in Office of Secretary of State.] 2nd Dec. 1777 SIR, The distressed circumstances of Mary Lewellen, Wife of the poor unhappy John Lewellen now under the sentence of death in Edenton Gaol induces me to write your Excelly. I am so unhappy to have nothing to plead in his behalf but Mercy which as it is a darling attribute of the deity hope it will prevail, this much I can say that when he had an opportunity to escape out of Edenton Gaol he did not I am your Excellency's most obed Humble Servt. JOHN B. BEASLY. DAN LEGGETT TO GOV. CASWELL. [From MS. Records in Office of Secretary of State.] These with speed This Letter was found on the Publick Road and sent on by Thos. Respass Jun. December 4th 1777 May it please your Most Noble Excellency & your Noble Council. Tho' I Dare Not Approach you in Person Nor Dare I Do it with these inconsiderate Lines without Shame & Confusion of face.. But Relying upon your Mercy & goodness I Send this paper as an humble advocate to plead in Some Measure that So it May abate the Severity of your Just Displeasure. & Appease that Stroke of Justice that I have incurd upon Myself by My horrid tramsgression & folly that I have unadvisedly fell into. Wherefore if A Returning prodigal a true and unfeigned penitent May find Mercy in those Circumstances I unfeignedly beg it at your hands. I hope it may please you for your honriours Sakes & for the Sake of him, STATE RECORDS. 817 that hath promised A blessedness to the Merciful to Look in a way of pity upon one that earnestly Desires Nothing More then to be Number'd with your Subjects though Unworthy at present. I hope to find all My Superiors to Whom I think Myself happy that I have to address My Self to in this Manner, to be endued with So Much Compasion & tenderness to forgive One that is truly Sensible & penitent that I,can but think My Self happy upon every Rerrembrance of the same & Not Willing to Affect one that is Convicted in his own Conscience. Wherefore if Should please your Excellency & to whom I have to petition to Grant Me My Liberty & the opertunity to Make manifest What I have promised by a Ready Compliance to your Laws & Commands I Should think My Self happy Nevertheless in All things Submiting to your Excellency's Disposal I Must remain as I have Made my self miserable without your Assistance Which I rely upon your excellencys honour for in requital of which I promise to Spend the remaining part of my time in obedants to your Commands it being all that I am able to offer with My prayers & supplication to God for your Success & happy Continuance if it Does Not please your excellency to Admit of My being alltogether at Liberty I should be very thankful to be admitted to Bale until the Cart ensuing at Edenton the winter being very cold & I being Distitute of My Necessarys that My Life Depends upon your honour I hope that what I was put in for Last was Not unbaleable tho' indeed it is too bad I having but Little to Say for My self More then I was Not in this unhappy affair at the first till I was seduced by others & never being acquainted with the general plan at all was Set on to Do More than I hope I shall ever be gilty of any more if it should please your honour to Let this Pass But Use all Means that in My power to Supress all that should in any ways endeavour to hurt the present Government. Wherefore if it should be to my opertunity & I should be any ways faulty to my promise I would Submit to the Most strictest that Malice Could inflict therefore with all Submission I beg you would determine & Despose of me as you.see Convenient, in expectation, of which I Remain Sir, Most unwothest of your Subjects DANIEL LEGETT. 52 818 STATE RECORDS. HON. CORNELIUS HARNETT TO WM. WILKINSON. YORK, PENNSYLVANIA, Dec. 8th 1777. DEAR SIR, I received your favour of the 6th Ultimo, several of those of the,dates you mentioned I never received neither do I think I ever shall-several of the Deputies of the Post Office it is believed most scandalously abuse their Trust, and I am certain many letters directed to me, together with such as I write Free upon, are detained by the way, the Members of Congress complain generally of this villanous Practice. Inclosed is a Hand Bill printed by order of Congress relative to the late Convention at Saratoga, this only came to Congress three days ago-as we have had no press here until within these few days & no Gazette as yet published. I shall send you the first. I am sorry you purchased Col. Kennon's Bills, as I am afraid you will be puzzled to get the money, nothing but the Governor of S~. Carolina's Letters of Credit can save you unless Mr. Kennon's Executors first settle all his accounts with the public. I would advise you immediately to send them on for acceptance & payment- I am obliged to you for the Wilm'ton papers pray oblige me with them as they follow in course or desire Jon. Dunbibin to inclose them to me, I want them all- However to keep you no longer in suspense, I must endeavor to muster up some news for you. You will be pleased first to observe that Congress knows no more of the intentions of the Army than you do, until some event or other takes place, Congress have very wisely determined to put it in Gen' Washington's power to keep his own secrets. A Committee of Congress now at Head Quarters have however Informed us that on Saturday the 6t' Instant the two Armies were in sight of each other, the Enemy at Chesnut Hill & Our Army at White Marsh, that early in the morning a Schyrmish happened between a Party of our Militia & and an advanced party of the Enemy,-we lost Gen'.Erwin taken Prisoner 1 Capt. killed & 3 or 4 Privates wounded, the Loss of the Enemy in killed and wounded not known, but that we took between 20 and 30 Prisoners- A General Engagement was hourly expected, the fate of which will I suppose put an end to this Campaign. Our Army were in the highest STATE RECORDS. 819 Spirits & wishing to attack the Enemy-should we be successful in defeating the Enemy, Our Troubles in America on Terra Firma will soon be at an end. But should we be unsuccessful we must be under the necessity of Exerting ourselves to the utmost the next summer. Virginia have however Voted a reinforcement of 5,000 Militia to be sent forward immediately in Case of accidents. Alas: we have few Virginias in the Union. As for Pennsylvania, she is rotten to the very heart, if she is saved, it will not be by her own exertions- I hope the Assembly will open your Courts for the recovery of Debts, That you will immediately begin to lay Taxes as other states have done, that you will call in all the Currency emitted under the authority of the King of G. Britain &c &c these are matters of the utmost Consequence, & Strenuously recommended by Congress to the several states. Our very Existence as a free People depends on Vigorous measures immediately to be adopted. I wrote Mr. Clayton a few days ago, should. you see him you may shew him this incorrect Scrawl & tell him he has no right to expect another line from me until I receive another kind of Letter than such as he wrote me by the Marquis LaFayette. As you desire me to write you a great deal of news, I have some times an Inclination to invent some thing very extraordinary, but this matter I shall Consider of; and remain with my respectful Compliments to Mr. Quince & all my friends. Dr. Sir Your sincere friend & obedt. Scrvt. CORN. IIARNETT. Should we beat the Enemy you may be assured of receiviug the earliest intelligence. CORN. HARNETT TO WILLIAM WILKINSON ESQR. WILMINGTON NO. CAROLINA. Favoured by Mr. Cochran YORK PENNSYLVANIA Dec 12 1777 DEAR SIR I wrote you a few days ago by Post since which I rec'd your favour of the 11th Ulto. Genl. Howe marched out of Philadelphia 820 STATE RECORDS. on Friday last with his whole force with the intention as was imagined to attack Genl. Washington in his lines at White Marsh, the two Armies remained in sight of each other until Sunday the 7th. Our Militia under the Command of Genl. Potter Schyrmished with them, & in the evening Colo. Morgan with his Rifle Men had a severe action with the Enemy's right wing, or rather a part of it, the report is that they lost a great many men killed, upwards of an hundred. Our loss but triflng we drove the Eneny and kept the ground. Genl. Howe filed off his Army in three Columns, & is returned to Philadelphia, & has thus prevented the drubbing you wish for. Jackey remains still at Burlington & is well, it is impossible for me to see him there, but I have wrote Mr. Mitchel to let him come to me; there is a very good school in this Town, where I could have him under my own eye, and could bring him home to you in the Spring, or let him remain in this Country, as time and Circumstances might admit. Genl. McIntosh only stayed a Day here & proceeded this morning to Head Quarters. Whether the Enemy will keep possession of the City this winter I know not, but should they remain there, they will I think have a very uneasy time of it. I am sorry to find the Prices of every thing with you so very high, the vilanous practice of raising the price of all the Necessaries & Conveniences of life is spreading all over the Continent. I hope the several Legislatures of the States, will immediately pass Laws to prevent this growing evil, America has more to apprehend from the Consequences of this Avaritious Spirit, than from two such Armies as Genl. Howes. I find in the Wilmington papers an extract from one of my Letters; what I write my friends in hurry is not intended for the Press, I hope they will in future, should they think proper to publish any intelligence I may send, to do it at least by way of Extract from a Letter received from a Gent at York to his frienrd in Wilmington. Many Resolutions and recommendation of Congress have been lately sent to the Legislatures of the several States, which will I think (if attended to) answer many very Salutary purposes. Mr. - called on me this morning about 8 o'clock & sets off early in the morning, I have been obliged to attend the Treasury board, & could not sit down to write before 10. I have not time to mention several matters to you, which I must defer for the present. But remember your Bills STATE RECORDS. 821 drawn by Kennon Ought to be immediately to be forwarded, I am sorry you did not take our Treasurers, insted of them, exchange them if you can for such. It ran in my mind that our Election was to have been in the Fall, but I find it is to be in the Spring we have as yet no news paper here, which is unpardonable. Give my Compts. to Phillis & tell her her Mother I could not get a sight of, it was long before I could hear of her, and just as I had got into a train of finding her we were obliged precipitately to retreat from Philadelphia. Should Genl. Howe remove, I will still find her out. Write me I desire by every Post I am Dr. Sir Your Afft. & Obedt Servt CORN. HARNETT My Compts to Miss Quina Ancrum, Clayton, Brice, Craike, &c CORN. HARNETT TO WILLIAM WILKINSON ESQR. WILLMINGTON NO. CAROLINA. By Post. YORK PENNSYLVANIA, Dec. 16th, 1777. DEAR SIR: I wrote you a few days ago in answer to your favour of the 11th Ulto. You are Constantly plaguing me for news, & I can hardly ever meet with any thing Interesting to Communicate. The Campaign has been very inactive, ever since Genl. Howe took possession of Philadelphia. However he made a movement on the 6th before day, with almost his whole force, leaving only a few men behind, & appeard in Battle array before our Army at about a Miles distance, Expecting to find them unprepared, in this he was mistaken. Some small Schyrmishing ensued in which the British Troops suffered more than ours, Genl. Erwin attacked their light Troops with some of our Militia, we took about some 20 prisoners & lost about ten or 12 killed & wounded, the General was among the Latter & taken prisoner by the Enemy. Colo. Morgan had a very severe conflict with another party, this Gent. Commands the Virginia and Pennsylvania Rifflemen he lost about 26 also killed and wounded. The Enemy's loss must have been very Considerable, as those troops are excellent marksmen, a Deserter says 500. Gen. Howe after Manoeuvering for several days, kept up a shew of his 822 STATE RECORDS. light Troops in Front, marched off the remainder of his Army to Philadelphia, the light troops following precipitately, and altho' a party of our light Infantry pursued, as soon as the intention of the Enemy was known, they could not overtake them until they had reached their lines- 95 Prisoners came to this Town the night before last they will be to-morrow sent to Virginia. Genl. Howe Ravages & destroys wherever he comes, German Town we are informed was pillaged in a most shameful manner, many of the fine houses near the City have been plundered and burnt, in short as far as they can reach they spread Devastation around them among Whigs & Tories indiscriminately. Heaven will in its own good time I hope punish those Butchers & Murderers, there must certainly be some chosen Curse laid up in store for them. We hear.that a large body of the Enemy have been since over the Schulkill to plunder the inhabitants, Genl. Potter who commanded a body of the Militia on that side has had an Action with them; he took some Prisoners with the loss of as many or more of our men, the particulars of this affair are not as yet come from authority. I have not yet received an answer from Mr. Mitchel about Jackeyunless you soon Contradict it I shall have him with me. I remain, Dr. Sir, Your sinre friend & obedt. Servt. CORN. HARNETT. My Compts. to Mr. Quince & all my friends. W. Wilkinson Esqr. [NORTH CAROLINA GAZETTE, DECEMBER 12, 1777.] NEWBERN, December, 12, 1777. Since our last arrived here the Brig Edwards, Capt. Pindar, from New York, in whom came Passengers, Mr. Samuel. Cornell, late one of the King's Council of this Province, and Mr. John London. These Gentlemen have been for some time at New York, and on their arrival have acquainted his Excellency the Governor that they came with a Flag of Truce from the Commander in Chief at New York, in order to settle their private Business in this State. But as the Legality of a Flag of this Nature was called in Question, the Matter was laid before the General Assembly now sitting here; but we dont hear what Proceedings have STATE RECORDS. 823 yet been had thereon. In the mean Time, Mr. Cornell and Mr. London, with the Capt. and Crew of this Vessel are detained on board. By this Vessel we have a Number of curious Papers, both English and New York. The Printer of the London Gazette, since the American War, has been thought the greatest Liar on Earth, but Messrs Hugh Gaines and James Rivington, of New York, Printers, far exceed their more respectable Brethren in England, in'this curious Art. It is pleasant enough to read in their papers pompous accounts of the defeats of the American Armies, particularly General Gate's. of the distractions of our Councils, Gen. Washington's Disgrace, Lord Howe's destroying our forces of the Delaware, and many other such pleasing tales. But behold, 0, Britain: the Glory of your once invincible Arms tarnished- and your Sons, from a Race of warriors, descended to a Race of Liars, and pensioned Sycophants. Ger. Burgoyne's Captivity, with the Flower of the British Troops, will teach you this Lesson; and the heavy Cloud which seems at present to hover round your little Kingdom, will direct the Steps of the honest part of your Nation to the glorious Brightness of the western World, where Liberty, Peace, and Plenty will be found, when servile Vassalage and gloomy Baseness shall have over spread your Land. On Tuesday last was married, Mr. Waitstill Avery, of Mecklinburg County, to Mrs. Francks, widow of the late Mr. Edward Francks of this County. [NORTH CAROLINA GAZETTE DECEMBER 12, 1777.] IIERTFORD COUNTY, Dec. 1St. Sixty Dollars Reward. For apprehending five deserters belonging to the 2d. North Carolina battalion of continental troops, viz. Roger Murphy, who passed for an Englishman, about 35 years of age five feet six or seven inches high, a thick and well made person, short lightest hair. Lewis Simons a French-man about five feet seven inches high. John Laplanty a French-man, five feet 9 inches high, pretty thick and well made, light hair. John Baptice Fromentier a French-man, speaks pretty good English, about five feet five inches high, twenty three years of age, slim made, of a swarthy 824 STATE RECORDS. comp]exion, long dark hair. Whoever delivers the said deserters to me, or secures them in any Gaol in this State so that they may join their respective battalion. shall have the above reward of twelve dollars each. SAM. JONES. [ARMY RETURNS No. 100, p. 162.] A Return of the No. Carolina Brigade Commanded by Gen' McIntosh, )ecembr 20th 1777. Commissioned Officers Present Non- Rank and File. _i __ __-_____-_ —o Com'd ___ Field Com'd - --- Offic's Offlc's Of Staff Officers h e h; lColonels. - 4t o l s..ll~81 3.. 1)i 4 7 ~_______ FJ. 8S^I~lm ~ mR~P PJ^ EiH Fii A A 1st Clark's.............. 1 1. 411... 1 1 11..... 41 6 13 19... 18 97 140 2d Patten's 1..... 610... 1 1 1......-1711 1110 27 15.- 170 226 3d Sumner's.......1 1.............. 1. 1..5 5 1, 1 60110 9 22..... 101 143 4th Polk's.................... 1 3 8 3 - I..1...... 17 6 3 57 9 36 14 7 26 149 193 5th Buncomb's.......... 1 510 3 1 1 1 1 1...... 11 4. 2 4614 67 18... 641 209 251 6th Lamb's............... 1 1... 4 5 41 1 1. 1-. 5 25..3 22 141 181 7th Hogun's........................... 10 4 2 24 4 24........ 27 79 106 8th Armstrong's.......-... 5 9 5..... 1 1... 1...........1... 21 1 34 41...... 60 79 9th Williams's.......... 1 3.. 1 1 1... -. 7 22 1 2 7 45 65 5 7 4 '3270114 3 9 8 6 5...... 83927 43463 264 119 7 164 10511384 I I' I! [NORTH CAROLINA GAZETTE, DECEMBER 26, 1777.] NEWBERN, December 20, 1777. Whereas it hath pleased his Excellency Richard Caswell Esq. Governor, &c. of this State, to order a Court of Enquiry to be held by the continental Officers under my Command, to take into Consideration the Petition of sundry Persons, who are or were Soldiers in the continental Army raised in this State, and suggest they have served the Time for which they were inlisted, and from whom Dischalges are withheld: Therefore I hereby desire all Officers now within this State, that are on the continental Establishment, to meet me at New Bern the 7th of January next, to hold the aforementioned Court; at which place all those who think they are entitled to Discharges, are also desired to attend. JOHN LUTTRELL. December 20, 1777. STATE RECORDS. 825 [NORTH CAROLINA GAZETTE, DECEMBER 26, 1777.] NEW BERN 24, December. By virtue of a resolve made at Newbern by the Assembly at their 1st session, will be sold by public vendue, at Wilmington the 17th February next. The armed Brigantine Washington, with her guns, stores, tackle, apparel and furniture. The terms of sale will be prompt payment, and the property not to be altered till the money is paid. She is a fast sailer, well calculated for a privateer or merchant vessel, and well found. An inventory will be produced on the day of sale. WILLIAM HOOPER ) Comissioners HEN. TOOMER [NORTH CAROLINA GAZETTE, DECEMBER 26, 1777.] NEWBEIN, December, 26. On Wednesday last the General Assembly of this State, finished the Business of the Session; having passed 48 Bills, many of them of great Consequence, particulary a Bill for establishing Courts ofLaw, and a bill for opening the Land Office, and granting the vacant Lands in the State. After which the two Ilouses adjourned till the first Monday in April next, then to be held at the Palace in New Bern. The Ionourable Samuel Ashe, Samuel Spencer, and James Iredell, Esqrs. are appointed Judges of the Superior Courts of this District, and Waitstill Avery, Esqr. is appointed Attorney General for the State. HON. CORN. HARNETT TO W. WILKINSON ESQR. YORK PENNSYLVANIA Dec 28"' 1777 DEAR SIR, Your favour of the 25th' Ulto. come to my hand this moment. I am sorry to hear of the death of our friends Mabson, Waldron & Cray. I have not received one line from Hooper or MacLain God knows when, I beg you will make Interest with one or both of them to write to me. God send our Assembly may have wisdom 826 STATE RECORDS. enough to fortify their Seaports, this policy has been adopted by every State in the Union except No. Carolina, the rediculous jealousy betwixt No. & South has, I fear hitherto prevented it, had this been done two years sooner, Our State would have been as well Supplied with Necessaries from abroad as Charles Town, which of late has been the great mart for the supply of the Southern and Middle States. I send you papers & refer you to them for news. I beg you will not publish any of my Scrawls they are not written for the press-besides I some times mention to you some matters which are not proper to lay before the Public; since I have seen extracts from my letters published in the Wilmington paper; It has made me very Cautious in giving my Opinion to my friends under my hand. Our Grand Army are in hutts for the winter about 20 Miles from Philadelphia in Order to Cover the Country from the Ravages & devastation of the Enemy. It is hoped we shall be able to open the Campaign early in the spring with Vigour; should the several States exert themselves to fill up their Batalions, we promise ourselves to have a formidable Army in the field well provided & well dissiplined. I wrote you some time ago that I was sorry you had meddled with Kennon's Bills, you had better send them on, the longer they remain behind, the greater will be the difficulty in receiving payment. I would not at present choose to put my money to Interest. Mrs. Harnetts receipt shall be sufficient for any sum not exceeding my proportion which you may think proper to pay her. I have not heard from Mr. Mitchell about Jackey, I desired he would send him to me, or let me know where I could send for him, I am sure he will not be safe at Burlington this winter, I must have him with me unless you contradict it in your next. His bord and schooling will be expensive to you any where in this Countty, I think you had better let him come home with me in the Spring. I desire that you will be explicit on this subject. I find you make a poor hand in the rum way. Jamacia Spirits sell here at 80s, brown sugar 10s, Coffee 12s-6, Lo. Sugar 22s-6. I shall take it as a favour if you will send me by the first waggon coming to this Town-12 gallons Jam. rum I Loaf Sugar 12 lb brown & 12 lb Coffee, these articles would be a very great acquisition, the sugar and Coffee Mrs. Harnett will supply you with. Perhaps Col.Long can put you in the way to send these articles forward, STATE RECORDS. 827 or some Colonel or other Officer in the Army; as recruits will no doubt be coming forward daily, pray do not neglect this matter. Tell Mrs. Harnett (for I forgot to mention it to her) that 2 or three Gallons of Pickled Oysters would be the greatest rarity she could send me I have not tasted one since I left home-also a few dryed fish of any kind a dozen or two, if they even stank, they would be pleasing, I am heartily tired of eating the flesh of four footed animals, we can get very little else in this plentiful Country that you have so often praised & indeed bragged off. Believe me it is the most inhospitable scandalous place I ever was in. If I once more can return to my family all the Devils in Hell shall not separate us. The honor of being once a member of Congress is sufficient for me, I acknowledge it is the highest honor a free state can bestow on one of its members. I shall be careful to ask for nothing more, but will sit down under my own vine & my own Fig tree (for I have them both) at Poplar Grove where none shall make ne afraid except the boats of the British Cruisers. I wish you the Compliments of the Season. Remember me particularly to all my friends, I have many left yet in my old age, tho' perhaps very few in my own Town, I love them notwithstanding, as well as ever; & may perhaps (in the Course of God's Providence) have it in my power to coirvince them that I deserve their Confidence. I do not blame them for their neglect of me, it proceeded from that noble independent Spirit, I have for so many years been Contending for, at the risque of my own domestic ease, my private fortune, and what is much more valuable my health. What I have said is not intended to be shewn to any person. It is not my wish to remind any person of matters which have been long since done away. I am wt. sincere regard Dear Sir Your real friend & Obedt Servt. CORN. HARNETT What is become of Capt. Allen-you have blamed me for writing you short Letters, this I hope is long enough, if not, let me know: I have from this reproof of yours been led to mention old affairs only to endeavour to fill up the sheet. 828 STATE RECORDS. [ARMY RETURNS, No 15, P. 13.] CAMP AT THE VALLEY FORGE, Deer 28, 1777. This is to Certify That I do not Know that Capt. Thomas Granbery of the third North Carolina Regiment is Indebted to the said Regiment or to the United States. HENRY DIXON, Majr 3d N. C. Regt. EXTRACT FROM A REVOLUTIONARY JOURNAL BY HUGH McDONALD. [From the University Magazine.] MESSRS. EDITORS: As there is a deep and increasing interest now felt especially by the educated and literary portion of the community, in collecting or reading the incidents of the Revolutionary War, it is presumed that any thing relating to that trying and eventful period of our history, however unimportant in itself, will be acceptable to your readers. I have in my possession an old manuscript, written somewhat in the form of a journal, by Hugh McDonald, a soldier of the Revolution; and from this I now send you a short extract, which is at your service, and you may give it an insertion in your Magazine, or not, as you think proper. When in his fourteenth year his father took him along with him to the battle of Moore's Creek, where he was taken prisoner, but, like most of the privates who were made prisoners on that occasion, he and his father were set at liberty and sent home. On their return home they engaged again in their farming operations, but in June, before he had completed his fourteenth year, and before independence was declared, he enlisted in the American army and continued to the end of the war. Having entered the military service of his country at such an early age, and having continued in the camp until he had arrived to maturity, he was, of course, no scholar and had to employ another hand some years afterwards, to write down what he related; but as he required the amanuensis to write his precise words, it is not fit for the press in its present form. I have, therefore, taken the liberty of correcting the orthography, syntax and STATE RECORDS. 829 punctuation, or at least the most glaring aberrations from the rules of grammar in these particulars; but I have made as little alteration in his language as possible. His account of the tory army and the battle of Moore's Creek, though containing no facts of any importance that have not been already published, is reserved for another purpose; and I begin with the account of his return home, his enlistment, &c., not because this is the most interesting part of the narrative, but because I may possibly, at some future time, send you another extract, provided this shall meet with favor from the Editors and readers of your Magazine, which seem to be assuming much more of a literary character, and promises to become a credit to the State. "Notwithstanding this scouring," at Moore's Creek, "and the just contempt of our fellow citizens, we remained in heart as still tories as ever. This expedition took place in the month of February, 1776, from which we returned and began to repair our fences for a crop the ensuing summer. About the first of June, a report was circulated that a company of lighthorse were coming into the settlement; and, as a guilty conscience needs no accuser, every one thought they were after him. The report was that Col. Alston had sent out four or five men to cite us all to muster at Henry Eagle's, on Bear Creek, upon which our poor deluded people took refuge in the swamps. On a certain day, when we were ploughing in the field, news came to my father that the light horse were in the settlement and a request that he would conceal himself. H-e went to the house of his brother-in-law to give him notice, and ordered me to take the horse out of the plough, turn him loose, and follow him as fast as I could. I went to the horse, but never having ploughed any in my life, I was trying how I could plough, when five men on horseback appeared at the fence, one of whom, Dan'l Buie, knew me and asked me what I was doing here. I answered that my father lived here; and he said h. was not aware of that. 'Come,' he says, you must go with us to pilot us through the settlement; for we have a boy here with us who has come far enough. He is six miles from home and is tired enough.-' His name was Thomas Graham, and he lived near the head of McLennon's creek. I told Mr. Buie that I dare not go, for, if I did, my father would kill me. He then alighted from his horse, and walked into the field, ungeared the horse and took him outside the fence. J' 830 STATE RECORDS. He then put up the fence again; and, leading me by the hand, put me on behind one of the company, whose name was Gaster, and discharged the other boy. We then went to Daniel Shaw's, thence to John Morrison's (shoemaker), thence to Alexander McLeod's, father of merchant John McLeod, who died in Fayetteville, thence to Alexander Shaw's, (blacksmith), thence to old Hugh McSwan's, who gave half a crown for a small gourd when we landed in America. Here I was ordered to go home, but I refused, and went with them to the muster at Eagle's. Next day Col. Phillip Alston appeared at the muster, when these men told him that they had taken a boy to pilot them a little way through the settlement and that they could not get clear of him. The Colonel personally insisted on my going back to my father; but I told them I would not; for I had told them the consequence of my going with them before they took me. Seeing he could not prevail with me, he got a man by the name of Daniel McQueen, a noted bard, to take me home to my father, but I told him that I was determined to hang to them. Col. Alston then took me with him and treated me kindly. Mrs. Alston desired me to go to school with her children until she could send my father word to come after me, and she would make peace between us; but her friendly offers were also rejected. "On the following Tuesday I went with the same company of horsemen to Fayetteville, where I met a gentleman by the name of Dan'l. Porterfield, a Lieutenant in Capt. Authur Council's company, who asked me if I did not wish to enlist. I told him, not with him; but I wanted to see a Mr. Hilton who, I understood, was in the army, and wherever he was I wished to be. He told me that he and Hilton were of one company, and if Hilton did not tell me so, he would take back the money and let me go with Hilton. I then took the money and was received into the service of the U. S. June 10th, 1776, and in the fourteenth year of my age. "After my enlistment, we continued in Cross Creek until the middle of July, when we went on board Mrs. Blanctret's boat and floated down to Wilmington, where the brigade was made up, which was commanded by Gen. Frank Nash, and consisted of six regiments. Of the first regiment, Thomas Clarke was Colonel and Joln Mebane Lieutenant Colonel; of the second, Alexander Martin, from Hillsboro', was Colonel and John Patton Lieutenant STATE RECORDS. 831 Colonel; of the third, Jethro Sumner was Colonel and William Davidson, Lieutenant Colonel; of the fourth, Thos. Polk was Colonel and J. Paxton, Lieutenant Colonel; of the fifth, -— Buncombe was Colonel and Eden, Lieutenant Colonel; of the sixth, Lillington had the commanl, but being inlable, from old age, to go on parade, when the regiment was made up at Wilmington, he was forced to resign, and Lieutenant Colonel Lamb, from Edenton, took command of the regiment. Our Major died at Wilmington, and Capt. Arch'd Lyttle, from IHillsboro', who had been educated for a preacher. of the gospel, was promoted to the rank of Lieutenant Colonel. Captain Griffin McRee, of Elizabethown, was appointed Major, and of this regiment I was a private soldier. "Not more than three weeks after the brigade was embodied, my Captain, Arthur Council, a young man who had been raised near Cross Creek, and whose father's house is yet known by the name of Council Hall, died. This young gentleman was distinguished in the regiment for modesty, gentility and morality. Shortly after the death of Council, his first lieutenant who was known by the name of Philadelphia Thomas White, became our Captain, and he was.as immoral as Council was moral. As sickness was prevailing in the regiment, we moved out of town about eight miles, to a place called Jumping Gully, where we encamped untill about the middle of October and were drilled twice a day. In this camp I was taken sick, and continued ignorant of everything that passed for five weeks. One evening, the brigade being on parade, I felt a great desire for home, and thought I saw everything at my father's house before my eyes. I got out of my tent and went away some distance to a fresh running branch. The water, from falling over a large poplar root, had made a deep hole below, and, getting into the hole, I laid my head on the root, which I believe was the sweetest bed I ever lay in. The water was so cool to my parched body that I lay there until ten o'clock next day before they found me, George Dudley, Sergeant of our company, having crossed within two feet of my head without seeing me. William Carrol, who was in company with Dudley, discovered me, and exclaimed, "By G-d., here he is, turned to be an otter. He is under the water." Dudley, having passed me, turned back, took me out of the water and carried me to camp. When the doctor came to see me, he said that the water had cooled my fever and that I would recover, 832 STATE RECORDS. though he had given me out before. I did recover and recruited very fast every day after my immersion. In addition to the advantages of my immersion, my good friend Hilton, the fife player, hired a gig in Wilmington and took me out of camp, to the house of one Blufort, who had a bridge across the North East River, about ten miles above Wilmington, where, from their kind attention and good water and the salubrity of the air, I soon recovered my former strength and joined the brigade sooner than could be expected. I shall now give the readers some accolint of the Captains of my regiment, which was the sixth; but I shall omit the subaltern officers' list; in attempting to recall so many names and characters, I should make a mistake, which I do not wish to do. When the brigade was made up each regiment consisted of eight captains, and of the 6th regiment Arch'd Lyttle was first captain, and Griffin McRee, second, who had very undeservedly enlisted most of his men for six months and returned them for three years or during the war. This deception, on the part of Captain McRee, occasioned many desertions in his company, when six months, the term of their enlistment, had expired. Captain Lyttle was from Orange, Captain McRee, from Bladen. The 3d captain was George Doherty, who lived on the North East River, in Hanover county, and about 25 miles above Wilmington. He was a full blooded Irishman, about seventy-five years of age, much of a gentleman and a brave soldier. The fourth captain was Philip Taylor, from Orange, a. raw Buckskin, destitute of grace, mercy or knowledge as to that which is spiritual, and filled with pride and arrogance. The fifth,. was Tilman Dickson, from Edgcombe, a dirty Buckskin, who. would rather sit on his hams all day and play cards with his meanest private soldier, in his homespun dress, than wash or uniform himself and keep company with his fellow officers as a captain ought to do. The sixth captain, was Jemimah Pigue, from Onslow, who was a smart officer, a middle aged man, and a guardian of his soldiers. The seventh captain was Daniel Williams, from Duplin,. a Buckskin, a gentleman and the friend and protector of his soldiers. The eighth was Benjamin Sharp, who was from Halifax county, and was a very smart officer." W. When the brigade embodied at Wilmington, it consisted of nine thousand and four hundred, rank and file: twelve Colonels STATE RECORDS. 833 (including Lt Colonels), six Majors, forty-eight Captains, ninetysix Lieutenants, forty-eight Ensigns; two Drummers and two Fifers to every Captain's Company; one hundred and eighty-two Sergeants, eight Quarter Master Sergeants, and Sergeants Major to each regiment, one Drum Major, who was an old gentleman from Elizabeth, by the name of Alex. Harvey; one Fife Major an Englishman, by the name of Robt. Williams, a master of all kinds of music and genteelly bred, who had been transported from England before the war, for cursing the royal family; eight Doctors, eight Adjutants and one Brigade Major, a hatter from Hillsborough, besides Sutlers and Paymasters. On the 1st of November, we received orders to march to the North and join the grand camp, commanded by Washington. About the 15th of November, we marched from Wilmington, under the command of Gen. Frank Nash, and proceeded to the Roanoke river and encamped about a mile and a half from the town of Halifax, in Col. Long's old fields, who was Commissary General of the North Carolina troops. There we remained about three weeks, when we received orders to turn back and go and meet the British at Augustine and prevent them from getting into the State of Georgia, and proceeded by way of Wilmington. On our march, we lay on the South side of Contentney creek, where there were living an old man and woman who had a number of geese about the house; and next morning about twenty of their geese were missing. They came to the encampment inquiring about them; but getting no information among the tents, they went to the General, who said he could do nothing unless they could produce the guilty. On his giving them ten dollars, however, they went away satisfied; and I am very sure that I got some of them to eat. Being a sleepy headed boy, I always went to sleep as soon as the fires were made; and, having done so now, about midnight, a Mr. John Turner, a messmate of mine, tried to awaken me, which he found difficult to do, but, being a strong man, he lifted me up and began sticking pins in my rump until I was fully awake, when he said, "ID-n you, go to the kettle and see what you will find there." I went and found it was fowl flesh and very fat. I did not understand it that night; but knew what it was next morning when the old people came to camp inquiring for their geese. The General, after paying them ten dollars, gave the men strict orders 53 834 STATE RECORDS. to be honest or he would punish the least offence of that kind with severity. We proceeded thence to Wilmington where we stayed two days, and thence by Lockwood's Folly to Georgetown. When we got to the boundary house we encamped for a short time to rest, and Col. Alston, a wealthy gentleman of the neighborhood, came to see Gen. Nash, and told him he could show him a better camping ground, which was an elevated neck of land covered with hickory and other good firewood. The trees were covered with long moss from the top to the ground; and of this we made excellent beds. There we stayed about a month waiting for further orders, where we cut and cleared about a hundred acres of land. During our continuance here, those who had been enlisted by our Major McRee and returned during the war, applied to their Captain for this discharge; but he was not aware that any in the camnp had been enlisted for six months. They then applied to their old Captain, who had been promoted to the rank of Major, but he told them, in reply to their just request, that he would have them put under guard and punished accordingly to the martial laws. This rebuff they were forced to bear and remain in silence; but concerted a plan for their own relief; for in the morning it was found that nine had deserted, some of whom were never taken, nothwithstanding the claims resting upon them. Arch. Bone acted as pilot to these deserters-the rest were late deserters from Scotland, viz: John Cnrrie and Arch. Crawford. Three were colored people, Gears, Billy, George and Jack.- The other three were McDonalds, George, Thomas, and Zack. From this pleasant place we marched for Charleston, S. C., and crossed the Pee Dee at a place called Winyaw, about halfway between Georgetown and the inlet. Thence to Charleston, and there we had orders not to go any further towards Augustine. We then marched back across Cooper river to Hadrell's Point, opposite to Fort Sullivan, where we lay the remaining part of the winter and spring until March 1777, and where we were fed on fresh pork and rice as our constant diet. About the 15th of March, we received orders to march to the North and join Washington's grand army. We marched to Wilmington, N. C., and thence to Halifax, where we crossed the Roanoke river. After leaving the ferry and marching up the river about two miles, we came to a fishery; and STATE RECORDS. 835 the commanding officer having desired leave for his men to draw the seine, which was readily granted, by drawing it once, we drew so many that you would hardly miss from the pile what we took for our breakfast. We then marched on, and crossed the Meherrin, at Hick's ford. Next morning my friend Hilton asked me if I would not like to see old Janus and I told him I would. "Well, I can show you his shape," as he was going that morning to see his wife and children.. told him that I did not know that he had a wife. He said he had and I should go with him to see them. On our way we went by the stables where old Janus stood, or rather his skin newly cased with crystals for eyes, but he looked so firm that you would scarcely venture up to the stall where he stood. We went on to Mrs. Iilton's who lived with her mother and two sons, where we stayed two days. Mr. Hilton then took a couple of horses and a negro to bring them back, which we rode until we overtook the Brigade. As we passed through the State of Virginia, we could scarcely march two miles at a time without being stopped by gentlemen and ladies who were coming to the road purposely to see us. We stopped two days at Williamsburg and rested. We then marched on and crossed the James river at the town of Richmond, where there were fishers; and having gotten leave there also to draw the siene, every man took as many fish as he wanted. While passing through the town a shoemaker stood in his door and cried, "Hurrah for King George," of which no one took any notice; but after halting in a wood, a little distance beyond, where we cooked and ate our fish, the shoemaker came to us and began again to hurrah for King George. When the General and his aids mounted and started, he still followed them, hurrahing for King George. Upon which the General ordered him to be taken back to the river and ducked. We brought a long rope, which we tied about the middle, round his middle, and sesawed him backwards and forwards until we had him nearly drowned, but every time he got his head above water he would cry for King George. The General having then ordered him to be tarred and feathered, a feather bed was taken from his own house, where were his wife and four likely daughters crying and beseeching their father to hold his tongue, but still he would not. We tore the bed open and knocked the top out of a tar barrel, into which we plunged him headlong. He 836 STATE RECOTiDS. was then drawn out by the heels and rolled in the feathers until he was a sight but still he would hurra for King George. The General now ordered him to be drummed out of the West end of town, and told him expressly that if he plagued him any more in that way he would have him shot. So we saw no more of the shoemaker. We then marched on until we came to the Potomac river; but, early in the morning, we were halted and all the doctors called upon to inoculate the men with the small pox, which took them until two o'clock. We then crossed the river at Georgetown, about 8 miles above Alexandria, near the place where Washington city now stands. There we got houses and stayed until we were well of the smallpox. I having had the pox before, attended on the officers of my company until they got well, but what is very strange, in the whole Brigade, there was not one man lost by pox, except one by the name of Griffin, who, after he had got able to go about, I thought he was well, imprudently went to swim in the Potomac, and next morning was found dead. About the last of June we left Georgetown for Philadelphia. About twelve miles from Baltimore, I was taken sick and helpless in the road, Lieutenant Dudley, Sergeant Dudley and some others stayed to bury me, when it was thought that I would die but, seeing that I was not dying nor coming to my senses they took me on their back, turn about, until they came up with a wagon. The doctors saw me, but would not venture to give me anything, as they did not understand my complaint. I lay so until about midnight, when our sutler, who had been gone four days after a load of whiskey, came into camp. Lieutenant Hadley got some spirit, about a spoonful, down my throat which he thought helped me. He then gave me about a wine glassful, and in about fifteen or twenty minutes I came to my speech. Finding that the whiskey helped me, he gave it to me until daylight, at which time my complaint was discovered to be measles. I was then put into a wagon and carefully nursed by Lieut. Hadley, until I got well. Going on our march, about two miles above Susquehanna river, I saw an old woman with her son and daughter about twelve years old, and on hearing her speak to them in my mother tongue, I asked her how she came here. She thanked her Maker, that she had met with one who could talk with her, and told me that her son had been STATE RECORDS. 837 transported for a frivolous crime, committed in his own country, that he had been. sentenced to be sold for seven years servitude in the State of Maryland, and that having no other son, and not willing to have a separation from him for ever, she had followed him here with her little daughter. I told him if he would enlist with us, he would finish his servitude at once. He said, if he thought so, he would do it. I told him that no man dare take him out of the service and I would ensure him. Upon which I gave him two dollars and told him he should have the rest of his bounty. Before night the old woman said she would go also, and when I urged her not to do it, she was determined, and going for her baggage, she returned to camp that night. .1 '' * I _ d * I * I * I * I * I * I : I I~:0>0$E! TMY O FICHIGAN THE UNIVERSITY OF MICHIGAN.... 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