Accoutrements shall be restored to the Captain of the Company, and by him carefully preserved for future occasions; and whenever the Militia shall be called into actual service, they shall be allowed as follows, viz: one Baggage Wagon, or two Carts, to every fifty men; Ammunition Wagons to every Brigade, at the discretion of the Brigadier-General; the same rations to Men and Officers as allowed to the Continental Army, to be supplied by Commissaries appointed by the Brigadiers, which said Commissaries shall be allowed Wagons, or Carts in proportion, to carry the Provisions; one Bell-Tent to every Company; all necessary Intrenching Tools; six Axes to every Company; one Baggage Wagon for the Officers of every Regiment; a necessary number of Camp Kettles. And the pay for Officers shall be as established by act of Assembly, and Soldiers two Shillings and six Pence for each day while in service.

Resolved, That every Brigadier-General shall be allow ed the sum of four Dollars for every day he shall be in actual service, and a Wagon for Baggage and Stores; that the Commanding Officer of every Regiment shall return an account of all expenses, disbursements, and pay, appertaining to the said Regiment, and shall produce as vouchers for such account the accounts rendered on oath of the Captains of the respective Companies, and other persons expending or disbursing for said Regiment.

Resolved, That there shall be ten Light-Horsemen, and no more, to every Regiment, to be arrayed in one or more Companies when they shall have joined the Brigade, at the discretion of the Brigadier-General.

Resolved, That no Officer or Soldier in the Militia service shall be tried for any offence against the Militia Law or the Articles of War, except by a Court-Martial, to consist only of Militia Officers.

Resolved, That no Brigade, Regiment, Company, or Division of Militia, shall be under command of any but Militia Officers, except when such Militia shall be ordered by the civil power to join the Continental Troops; in which case, the Continental Officer of equal, and the Militia Officer of superior denomination, shall command.

Resolved, That such Divisions as shall at any time be called into service, shall be formed into Companies of fifty men each, with a proportional number of Officers, Sergeants, Corporals, Fifers and Drummers, and all the Officers of each Regiment shall agree among themselves concerning which shall command on actual service; but if they cannot so agree, the Commanding Officer shall cause lots to be drawn, and the Officer on whom such lot shall fall, shall command in their proper rank and department.

Resolved, That all persons (except such as have or do bear appointments or commissions under the authority of the General and Provincial Congresses, Justices of the Peace, Ministers of some Church regularly called, and having the cure of souls, Overseers of Slaves exceeding five taxables in number, Schoolmasters, Millers, and Ferry-Keepers) shall be liable to be drafted; and all persons so drafted shall be obliged to serve, or find an able-bodied man in his room, under the penalty of ten Pounds.

Resolved, That all the Militia Laws heretofore in force in this Colony, and not repealed, expired, or discontinued, shall be in force hereafter, except where other provision is made by the Resolves of this Congress, or some future legislative authority.

The Congress taking the said Report into consideration, concurred therewith.

Resolved, That the Commanding Officers of the Brigades of Halifax, Edenton, Newbern, and Wilmington, be ordered to detach from their respective Brigades the number of men voted by this Congress, by a Resolve of the 2d of May in stant, to reinforce Brigadier-General Moore at Cape-Fear, agreeable to the said Resolve, and the Resolves for regulating the Militia, entered into this day.

Resolved, That John Ashe, Esquire, be appointed Brigadier-General of the Militia for the District of Wilmington; Allen Jones, Esquire, for the District of Halifax; Edward Vail, Esquire, for the District of Edenton; Griffith Ruther ford, Esquire, for the District of Salisbury; Thomas Person, Esquire, for the District of Hillsborough; and William Bryan, Esquire, for the District of Newbern.

Resolved, That each of the Brigadier-Generals shall take rank in their respective Districts.

Resolved, That Thomas Armstrong be appointed First Lieutenant in Captain John Enloe’s Company of the American Army, of the Fifth Regiment, in the room of George Sugg; and John Hodges, Ensign, in the room of Shadrach Wooten.

The Congress adjourned till Monday morning, nine o’clock.

Monday, May 6, 1776.

The Congress met according to adjournment.

The Secret Committee laid before the House extracts of a Letter from General Moore, and an Affidavit respecting the enemy’s situation.

Ordered, That said Committee transmit to Major-General Lee copies of said Letter and Affidavit, and give him such further accounts of the number of Militia ordered by this Congress to join General Moore, and the time, as near as they can ascertain, of their junction.

Ordered, That the Secretary immediately furnish each of the Brigadier-Generals with a copy of the Resolves of this Congress for regulating the Militia, and that the Brigadier-General shall immediately issue orders to the Commanders of the respective Regiments belonging to their Brigades, to cany the same into effect with all possible expedition; and that the Generals of the Brigades of Halifax, Edenton, Newbern, and Wilmington, hasten by every possible expedition the march of the reinforcements ordered to join General Moore. And that Brigadier-General Ashe be ordered to take command of the said reinforcements upon their arrival in his District, subject to the provisions of the Militia Regulations entered into by this Congress.

Resolved, That if the Brigadier-General of any Brigade shall at any time refuse, neglect, or delay, to obey the orders of the Congress, or any power by them appointed to array and control the Militia, and shall be convicted thereof by sentence of a Court-Martial, he shall forfeit and pay five hundred Pounds, to the use of this Province, to be disposed of by the Congress thereof; and shall be liable to such further punishment as shall be adjudged by a Court-Martial, such sentence of further punishment to be suspended until the sense of the Congress shall be taken thereon.

Resolved, That Christopher Lackey be reinstated Second Lieutenant in Captain William Brinkly’s Company of the American Army in this Province, of the Third Regiment; and Micajah Little, lately appointed in Captain Brinkly’s Company, Second Lieutenant in Captain John Enloe’s Company of the American Army, in the Fifth Regiment.

Resolved, That Mr. Miller, Mr. Caswell, Mr. William Johnston, Mr. Penn, Mr. Samuel Ashe, and Mr. Simpson, be a Committee to consider the claims of William Kennan, Commissary of the Troops at Cape-Fear; and also to inquire into what Provisions have been purchased on the publick account, and the most eligible method of disposing thereof.

Resolved, That Isaac Gregory and Abner Harrison, Es-quires, of Pasquotank County, and William Ferreby, of Currituck County, or any two of them, take into their possession the Plantation, or Plantations the property of Thomas Mac knight, and also of James Parker; and the same hire out for the most that can be got for them for the ensuing year, and that they take care of all utensils thereon.

On the Petition of Henry Bennet and John Foscue, complaining that they have been long imprisoned, and no probability of any witness appearing against them,

Resolved, That they be admitted to bail.

Resolved, That Mr. Caswell, Mr. Thomas Jones, and Mr. Coor, be a Committee to inquire what sum of money will be sufficient to carry on the Military Establishment for one year, with the disbursements necessarily accruing thereon, and report an estimate thereof to the Congress.

Mr. Joseph Jones, one of the Members for Pasquotank County, appeared, subscribed the Test, and took his seat in Congress.

The Committee appointed to inquire into the most practicable way of procuring and purifying Sulphur, &c., reported as follows: