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The Congress taking the same into consideration, unanimously concurred therewith.
The Order of the Day being read, for taking into consideration the nomination and appointment of Military Officers,
Ordered, That the same be deferred till to-morrow.
Mr. Needham Bryan, one of the Members of Johnston County, Mr. Joseph Williams, Mr. Joseph Winston, and Mr. Charles Gordon, three of the Members of Surry County, appeared and took their seats.
The Congress adjourned till to-morrow morning, nine oclock.
Saturday, April 13, 1776.
The Congress met according to adjournment.
Ordered, That Colonel John Hogan, of the Regiment of Militia for the County of Orange, have leave to resign his command.
Resolved, That if any Commissioner or Commissioners appointed by the King, according to Act of Parliament, to come over from Great Britain to America, shall arrive in this Province, under any pretext whatever, unless such Commissioner or Commissioners shall produce a commission to treat with the Continental Congress, that the person or persons of such Commissioner or Commissioners shall be required to return immediately on board the vessel in which he or they arrive; and in case of refusal, or if such Commissioner or Commissioners shall at any time after be found on shore within this Province, the person or persons of such Commissioners be seized, and immediately sent to the said Congress.
Resolved, That the thanks of this Congress be given to Colonel Richard Caswell, and the brave Officers and Soldiers under his command, for the very essential service by them rendered this country at the battle of Moores Creek.
On motion, Resolved, The Congress resolve itself into a Committee of the Whole, to take under consideration the augmentation of the Troops already voted to be raised by this Province.
The Congress resolved itself into a Committee of the Whole accordingly, and chose John Campbell, Esq., Chairman; and after some time spent therein, came to a Resolution thereon. Then, On motion, Mr. President resumed the Chair, and Mr. Chairman reported as follows, to wit:
Resolved, That the Troops voted by the Congress, as necessary to the defence of this Province, shall be divided into six Battalions, (including the two Battalions voted by the last Congress,) each Battalion to be commanded by one Colonel, one Lieutenant-Colonel, and one Major; and to consist of eight Companies, each Company to consist of one Captain, two Lieutenants, one Ensign, four Sergeants, 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 Wagonmaster, for each Battalion.
The Congress taking the same into consideration, concurred therewith.
The Committee appointed to take into consideration the Petition of William Alston, referred by the Congress, reported as follows, to wit:
Your Committee having inquired into the several allegations set forth in the said Petition, together with the defence of the defendant, and every pregnant circumstance relative thereto, do report as follows: They find that about August, 1775, the said William Alston, in behalf of the orphans of Solomon Alston, deceased, in the said Petition mentioned, obtained, under the signature of Josiah Martin, Esq., Governour, &c., of North-Carolina, a writ of Ne Exeat Regno, against John Henderson (who intermarried with Sarah, widow of the said Solomon) for mal-practices in his administration of the said deceaseds estate, which said writ of Ne Exeat Regno your Committee find to be unduly and ineffectually executed; and further, they find that the sum of one thousand six hundred and twenty Pounds, Proclamation money, bequeathed to two of the orphans, to wit: Lemuel and Henry, in the said Petition mentioned, hath been improperly applied by the said Henderson, or at least not according to the express devise of the said Solomon. Your Committee therefore are of opinion (exploding altogether the proceedings on the writ of Ne Exeat Regno) that the said Henderson be held to sufficient security for his not removing any part of the said deceaseds estate out of the Province, or in default thereof, that the whole of said estate be put and placed in the hands and possession of the other two executors of the said Solomon, to wit: Joseph John Williams and William Alston, for the use and emolument of the orphans, to wit: Charity, Lemuel, and Henry. Your Committee further conceive that the intention of the testator, respecting the tuition of his children, is in some measure defeated by the intermarriage of his widow with the said Henderson; we therefore submit to the consideration of the House, whether it may not be expedient to place the said orphans under the care of some other person, so that their education and bringing up may be suitable to their rank and fortune.
The House taking the same into consideration, concurred therewith.
The Returning Officer having certified that Mr. Eaton Haynes was duly elected one of the Delegates for the County of Northampton, in the room and stead of Mr. Samuel Lockhart, whose seat was vacated by his having a command in the Minute service, appeared and took his seat.
Mr. Ambrose Ramsay, of Chatham, one of the Delegates, Mr. Samuel Spencer, for Anson County, and Mr. John Childs, for the same County, appeared, subscribed the Test, and took their seats in Congress.
On motion, Ordered, That Alexander McDonald (son of Allan McDonald) be permitted to his parole, under the same restrictions as those already enlarged.
On motion, Ordered, That Mr. John Hunt be appointed an Assistant Clerk to this Congress.
Resolved, That Mr. President, Mr. Nash, Mr. Harnett, Mr. Thomas Jones, Mr. Green Hill, Mr. Burke, Mr. Allen Jones, Mr. Locke, Mr. Blount, Mr. Rand, Mr. John Johnston, Mr. Ashe, Mr. Kinchen, Mr. Spencer, Mr. Haywood, Mr. Richardson, Mr. Bradford, Mr. Ramsay, and Mr. Thomas Person, be a Committee to prepare a temporary Civil Constitution.
Mr. Abraham Shepherd, one of the Delegates for Dobbs County, appeared and took his seat.
The Order of the Day being read, for taking into consideration the nomination and appointment of Military Officers:
Ordered, That the same be deferred till Monday next.
The Congress adjourned till Monday morning, nine oclock.
Monday, April 15, 1776.
The Congress met according to adjournment.
Resolved, That the Minute-men and Militia Battalions and Troops under the command of Colonel Caswell remain in their present station until Saturday next, and afterwards have leave to march, under their respective Officers, into their several Counties, and then have leave to disband; the Congress relying on the gallantry and publick spirit of those brave Officers and Soldiers, so far as to rest satisfied that they will not avail themselves of this permission, if there be any immediate danger of an attack on that part of the Colony where they are now stationed.
Pursuant to a Resolve of the 11th instant, Mr. President presented the thanks of the Congress to Colonel Richard Caswell, and the brave Officers and Soldiers under his command, for the very essential service by them rendered this Colony at the late battle of Moores Creek.
The Committee to whom was referred the consideration of a Letter from the Committee of Beaufort, in Carteret County, are of opinion that the situation of that Town, and the Inlets adjacent, are such, that it appears absolutely necessary that a considerable military force should be stationed at or near the said town, to prevent our enemies from landing there, supplying themselves with provisions, and committing hostilities and depredations in that part of the Province; and that until further provision is made for the defence of that County, the Company of fifty men, now raised by the Committee of said County, be continued for that purpose, so long as the said Committee shall judge it necessary.