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Colonial and State Records of North Carolina
Minutes of the North Carolina Council of State
North Carolina. Council of State
February 11, 1780
Volume 22, Pages 964-966


At a meeting of the Council at New Bern, the 11th of February, 1780.
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Present—The Honorables Robert Bignall, President; John Simpson, Isaac Guion and William Whitfield.

Resolved, The Governor be advised to appoint Waightstill Avery, Esq., Colonel; Samuel Hill, Lieutenant-Colonel; John Bush, First Major, of the Jones regiment of militia until the end of the next session of the General Assembly.

Whereas, the exigencies of the army at this conjunction renders it necessary that the exportation agreeable to a resolve of Congress of the 21st August last, and spirituous liquors, molasses, sugar and coffee out of this State should be prohibited;

Resolved, The Governor be advised to issue a proclamation prohibiting the exportation of the several articles mentioned and described in the resolution of Congress of the 21st August last, and also on spirituous liquors, molasses, sugar and coffee for thirty days from this date.

Resolved, His Excellency the Governor be advised to grant warrants on the Treasury in favor of Colonel Rowan, Deputy Commissary-General of Stores, for twenty thousand pounds, and in favor of Mr. Peter Mallet, Purchasing Commissary, for twenty thousand pounds, they to be accountable.

His Excellency the Governor laid before the Board letters from his Excellency Governor Jefferson, of Virginia; Joseph Martin, Agent of Indian Affairs for said State, and also from Colonel Shelby, informing that sundry persons had settled and were settling on the lands belonging to the Cherokee Indians, who had loudly complained thereof, and that the Old Tassel had applied for redress of said grievance.

The Board taking into consideration the evils that may arise from persons settling on the Indian hunting lands, do Advise his Excellency to issue his proclamation ordering all such persons to remove off the said hunting grounds, strictly forbidding in future all others from settling on lands beyond the bounds fixed and settled by treaty between the white people and said Indians.

Resolved, The Governor be advised to appoint Malechi Bell Colonel; John Easton, Lieutenant-Colonel; Isaiah Chadwick, First Major, and William Dennis, Second Major, of the militia in Carteret county until the end of the next session of Assembly.

Resolved, His Excellency the Governor be advised to grant a warrant on the Treasury in favor of Captain Robert Ellis, Commissary

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for Fort Johnston, for five thousand pounds, to enable him to purchase provisions for the men at the said fort, he to be accountable.

Colonel Rhodes came into Council and informed the Board that Benajah Dotey, Esq., First Major of the Onslow regiment, had resigned his commission.

Resolved, The Governor be advised to appoint John Boston First Major, and George Mitchell, Second Major, of the Onslow militia.

Resolved, The Governor be advised to appoint James Allen, Colonell of the Halifax regiment of militia, in the room of Colonel John Whitaker, resigned; John Branch, Lieutenant-Colonel, in the room of James Allen, promoted; William Weldon, First Major, in the room of John Branch, promoted, and Thomas Scurlock, Second Major of said regiment.

The Governor laid before the Board a return to him made by Thomas Nowell, Esq., commander of the armed ship Columbia, belonging to the State of South Carolina, of a certain Jacob James, a Captain in the British legion of horse, captured on board one of the transports which sailed with the fleet from New York for Georgia. At the same time the said Jacob James appeared before the Board, and from his examination informed the Board that he was a native of Chester county, Pennsylvania; that he entered into the British service the 13th day of September, 1779, and also produced a commission from Sir William Howe, appointing him Captain of a troop of Philadelphia Light Dragoons in the British service.

Resolved, The Governor be advised to order the said Jacob James to be sent to the town of Halifax; and, there admitted his parole, and

Whereas, it appears from the confession of said Jacob James that he is a native of the State of Pennsylvania, and, therefore, highly probable that he had taken an oath of allegiance to the said State previous to his joining the British troops, therefore,

Resolved, The Governor be advised to write to the President of that State informing him of the said capture of said James.

R. BIGNALL, Pres. pro tem,
JOHN SIMPSON,
ISAAC GUION,
WILLIAM WHITFIELD.