Minutes of the North Carolina House of Commons
North Carolina. General Assembly
November 02, 1789 - December 22, 1789
Volume 21, Pages 193-436
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HOUSE JOURNAL—1789.
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of his office of Justice of the Peace for Cumberland County. Endorsed, read and accepted; which being read, was accepted by this House and returned.
Mr. Lock, from the Committee to whom was referred the Bill to discharge the expences of an expedition against the Indians, and the Bill to impower the County Treasurer and Collectors in the several Counties in the district of Washington, &c., delivered in a report, which being read and amended, was agreed to as follows, to-wit.:
The Committee to whom was referred the Bill to discharge the expences of an expedition against the Indians, and the Bill to impower the County Treasurer and collectors in the several Counties in the District of Washington to receive from any person or persons in payment of their public Taxes, &c.
That having read the said Bills are of opinion that the bill to discharge the expence of an expedition against the Indians with the amendments thereto annexed, will sufficiently answer the purpose of paying the expences of the expedition carried on under the command of Brigadier-General Martin. And the title of this Bill ran thus: “A Bill to prescribe the mode of paying the Militia officers and Soldiers for their service in an expedition against the Chickamagaw Indians by Brigadier-General Martin in the year 178—.” All which is submitted.
MATTHEW LOCK, Chairman.
Whereas, It is represented to this General Assembly by a Memorial of the Honorable the Judges of the Superior Courts of Law that the additional business imposed on them since the Law fixing their Salaries by the accession of the Equity Jurisdiction hath rendered the said Salaries greatly inadequate to the fatigue and trouble they have been obliged to undergo in consequence thereof.
Resolved, Therefore that each of the said Judges be allowed the sum of three pounds in addition to their Salaries as established by Law for each Court which they have respectively attended since the first day of January, in the year one Thousand seven hundred and Eighty-three, up to the present year inclusive, to be paid out of the Treasury of this State on the Certificates of the Clerks of the several Courts that they have attended, and that the Treasurer be allowed the same in the settlements of public accounts.
On the question to agree to this resolution the yeas and nays were
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of Field Officers and Justices of the Peace for the several Counties in this State.
Ordered that Wyatt Hawkins, Esquire, have leave to absent himself from the service of this House after Wednesday next, and Philemon Hawkins, Esquire, after Saturday next.
Ordered that the Bill for cutting a navigable Canal from the waters of Pasquotank river in this State, to the waters of Elizabeth River in the State of Virginia, and the bill to prescribe the Militia officers and Soldiers in an expedition carryed on against the Chickamagaw Indians, &c., be read To-morrow for the second reading.
Received from the Senate the following Message:
Mr. Speaker & Gentlemen:
We have added Mr. Mayo and Mr. Wynns to the Committee of Propositions and Grievances, No. 2.
The House adjourned till To-morroy Morning 9 O’clock.
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Ordered that the above Message be sent to the Senate for Concurrence, with the following Message:
Mr. Speaker & Gentlemen:
We herewith send you a Message which we propose shall be presented to His Excellency Samuel Johnston, Esquire.
The Bill to amend an Act passed in 1770 intitled “an Act for opening and improving the navigation of lower Little River in Cumberland County,” was read the first time, passed and sent to the Senate.
Resolved, That General Clark be requested to deliver to Doctor Williamson such Musters or papers as may be of use in establishing the charges of this State against the United States, for which the Doctor shall give him a receipt if it be desired.
Resolved, That the Comptroller be required to collect such Musters, pay Rolls or other Books or papers from amongst the papers of the late Generals, Sumner and Hogan, and of Colonels Dixon and Lytle as may be of use in determining the service performed by the Line of this State, and that the Executors of those Gentlemen be requested to furnish the Comptroller with such papers.
Resolved, That the Comptroller forward to Edenton as soon as possible the old Continental Money now in the Treasury, and the vouchers and such other accounts and Claims against the United States as he may have lately settled, and that he forward by the first safe opportunity such other vouchers and papers as he may be able to collect.
The Bill to prescribe the mode of paying the Militia officers and Soldiers for their services in an expedition carryed on against the Chickamawgaw Indians by Brigadier-General Joseph Martin in the year 1788, was read the second time, amended, passed and sent to the Senate.
The Bill to amend an Act intitled “an Act for the better regulation of the Town of Edenton,” was read the second time, amended, passed and sent to the Senate.
Ordered that the Bill directing the manner of electing representatives to represent this State in Congress, be read To-morrow for the second time.
Received from the Senate a Bill for appointing Commissioners to
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withdrawn from the nomination for Senator to the Congress of the United States.
Received from the Senate a Bill to repeal part of an Act for appointing an Agent &holding a Treaty with the Cherokee Indians, and for other purposes. Endorsed, read the first time & passed.
A Bill to prescribe the mode of paying the Militia officers and Soldiers for their services in an expedition against the Chickamaugaw Indians, &c. Endorsed, read the second time and passed.
A Bill directing the mode of choosing Senators to represent this State in the Congress of the United States. Endorsed, read the third time & passed.
The Bill directing the mode of raising a fund for the several Ports in this State for the support of sick seamen, and the manner of appropriating the same, was read the second time, amended, passed and sent to the Senate.
The House adjourned until 4 O’clock P. M.
Met according to Adjournment.
Ordered that the following Message be sent to the Senate:
Mr. Speaker & Gentlemen:
We have added Mr. John Mebane to the nomination for first Major for the Cavalry of Hillsborough District. We propose that the Gentlemen in nomination for Militia officers having the greatest number of votes be declared duly elected. Mr. T. Blount and Mr. Hamilton will superintend the balloting on the part of this House.
Mr. J. Bryan moved for leave and presented a Bill to enable the Courts of Pleas and Quarter Sessions in this State to issue process to remove before them any of the Judicial proceedings of Justices of the Peace out of Sessions, which was read the first time, passed and sent to the Senate.
Received from the Senate the following Message:
Mr. Speaker & Gentlemen:
We are now ready to proceed to balloting, and have appointed Mr. Hargett and Mr. Graham to superintend the same on the part of this House; we have added the name of Alexander Mebane, Esquire, to the nomination for Brigadier Generall of the District of Hillsborough.
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Commissioners for carrying the same into effect, ”was read the second time, passed and sent to the Senate.
Mr. Grove moved for leave to withdraw for amendment the Bill to alter the mode of appointing Inspectors of Tobacco at Fayetteville Warehouses, &c. Ordered that he have leave.
The Bills to prescribe the mode of paying the Militia officers and Soldiers for their services in an expedition carryed on against the Chickamaugaw Indians by Brigadier General Joseph Martin in the year 1788, was read the third time, amended, passed and sent to the Senate.
Mr. Person, from the Committee to whom was referred the Memorial of Thomas Benbury, Esquire, Collector of Port Roanoke, delivered in a report thereon; which being read, the following resolution was proposed & agreed to in lieu of the report,
Resolved, That the Treasurer be directed not to proceed against Thomas Benbury for the amount of the Warrants he has received, drawn in favour of Nicholas Long, until a suit at Law brought by the said Benbury against said Long shall be decided,& if the said suit shall be decided in favour of said Long, then the Treasurer shall receive the said warrants from said Benbury.
Resolved, That the Judges of the Superior Courts of Law and Equity be allowed Five Pounds each for every Court they shall attend the whole of the term in the year 1790,in addition to their present Salary.
The question being put to agree to this resolution was carried in the affirmative; whereupon the yeas and nays were called for by Mr. Alderson and seconded by Mr. Benjamin Jones, which are as follows, to-wit:
Yeas—Messrs. McKay, McDowall, Senr., Sawyer, Dauge, Womack, Phillips, Dickens, Beck, Dickson, Lassiter, Person, G. Hamilton, Gillispie, Outlaw, Yancey, J. Moore, J.H. Bryan, J. G. Blount, McDowall, Jr., Montgomery, King, Qualls, Brevard, White, Barrot, Pride, Snead, J. Stewart, Perry, Sutton, Armstrong, Mebane, Everagin, Reading, Rhea, E. Jones, A. Phillips, J. A. Campbell, N. Brown, Guion, Hines, Handley, Barnes, Sanders, Lock, Chambers, Lindley, Ellison, T. Blount, Z. Wood, Spiller, Stokes, Mooring, Davie, Sheppard, Lennard, B. Smith, E. Williams.—58.
Nays—Messrs. W. Wood, Grice, Pugh, Duke, M. Bell, J. Hill, Sherrod, Anderson, Alderson, Phifer, Jo. Douglass, Scott, Edwards,