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Colonial and State Records of North Carolina
Letter from Samuel Johnston to Thomas Burke
Johnston, Samuel, 1733-1816
April 01, 1783 - April 02, 1783
Volume 16, Pages 953-954


Hayes, April 1st, 1783.

Dear Sir:

By the enclosed authentick State you will see the Interest which Mr. Young’s Son has in the Property of Alston Young & Co. in this State, the affidavit, tho’ not so full as might have been, shews a very plausible reason why Mr. Young did not come into the Country and avail himself of the terms prescribed by the Act passed at NewBern in November, 1777. Before the Act which passed in October, 1779, for carrying the first Act into effect, Mr. Young died and the Claim of his Son commenced. In the 9th Section of this Act there is a proviso in favour of Orphans & Minors, which by a favourable Construction might be extended, under the Particular circumstances of this case, to Mr. Young’s Son; this however I submit to your Judgement and likewise the proper Channel thro’ which we ought to apply for a remedy whether by a Claim to the Assembly or to the Courts of Law. I take no notice of the Act of January, 1779, as that was altogether done away, except in cases where it was actually carryed into execution, by the Act of October following. Besides that I know your Humanity will interest you in this matter, Mr. Carmichael is disposed to make you ample satisfaction for any Services you may render his Ward.

I should have been very happy to have attended the Assembly at this time, but my other Engagements put it altogether out of my power to gratify my wishes in this particular. It is probable the Confiscation Laws may be again under the Consideration of the Assembly. I have thought it would be an amendment to these Laws that their Operation should not extend to Women who were Absentees,

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as their return to the Country would have added very little to the Strength of our defence nor were they in any instance bound to find Substitutes, but your known Attachment & partiality to the Sex renders it unnecessary to suggest Arguments, which will very naturally Occur to you, in support of their Interests.

Mr. Johnston joins me in respectful Compliments to Mr. Burke and wishes for the health of your little Girl who I hope will live to be a great addition to your mutual happiness.

If your business at the Assembly should prevent your being at Halifax Court, it will give me pleasure to execute any commands for you there. We are still in a State of uncertainty with respect to the final event of the Negotiations for a general peace in Europe, having had no intelligence from that Quarter later than the 17th of January. I am with the most sincere regard,

Dear sir, Your most obedient Servant,

P.S. April 2d. Mr. Cullen Edwards requests me to inform you that he wishes you to be retained for him in a Suit he has brot. to Halifax Court against Charity Edwards, he makes the same application to Mr. Hooper of which be so good as to inform him.