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Colonial and State Records of North Carolina
Minutes of the North Carolina Council of State
North Carolina. Council of State
September 28, 1777 - September 29, 1777
Volume 22, Pages 929-931

State of North Carolina.
At a Council held at Kinston, on the 28th day of September, 1777.

Present—The Honorables William Cray, William Haywood, Edward Starkey, Thomas Bonner, Esquires.

The Governor laid before the Board the petition of William Williams, Nathan Mayo and others, setting forth that John Lewelling, at the late Court of Oyer and Terminer and Sessons of the Peace for the District of Edenton, was convicted of high treason and sentenced to be executed for the same, on Tuesday next, praying that the Governor would respite the execution of the said John Lewelling and grant him a reprieve.

Resolved, That the Governor be advised to respite the said execution and reprieve the said John Lewelling until the sitting of the General Assembly.

WILLIAM CRAY, President,

The Council adjourned till to-morrow morning.

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29th September, 1777.

The Council met according to adjournment. Present as yesterday.

The Governor laid before the Board a letter from the agent for this State in the Cherokee country to the Commissioners for Settling and making a treaty of peace with the said Indians, and also a copy of a letter from Waightstill Avery, Esq., one of the said Commissioners to the aforesaid Agent, whereby it appears that we may expect fifteen of the chiefs from the Overhill Settlements, and twenty of the Indians chiefs from the Middle and Valley Settlements, to pass through this State to wait on the General Assembly.

Resolved, That it be recommended to the Governor to advise General Rutherford to appoint a Commissary to furnish the said Indians with provisions, and also the guard necessary to attend them, which is not to exceed twenty men with an officer, which is also recommended to be furnished by General Rutherford from his Brigade.

The Governor laid before the Board a letter from the Justices of Mecklenburg county, setting forth that a certain Duncan Ochiltree had been by Cumberland County Court in July last cited to appear before them and take the oath of fidelity to the State; that he refused to take the oath required by them, and was ordered to depart the State in sixty days, and accordingly gave bond and security in five hundred pounds to comply with the said order; that the said Ochiltree is an inhabitant of Mecklenburg county, and has been for about four years past; and that the Justices of that county had conceived it their duty to call upon him to take the oath there, in conformity to the act of Assembly in such cases made and provided, and had accordingly obliged him to enter into bond in the sum of two thousand pounds for his appearance at the then next Court to be held for Mecklenburg aforesaid, which was more than sixty days after the order passed in Cumberland; so that, on the said Ochiltree’s complying with the condition of either of the said bonds the other must become forfeit without the intervention of the Governor in Council. After due consideration of the premises,

Resolved, That it is the opinion of this Board that the first mentioned Bond taken from the aforesaid Duncan Ochiltree, in Cumberland, was not warranted by law, therefore not forfeited; that

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the said Ochiltree ought to pay particular attention to the order of Mecklenburg Court.

The Governor informed the Board that there are complaints from most parts of the State for want of the printing and publishing the acts of the last Assembly, and that he had received certain information that Mr. Pinkney, the person appointed public printer, is dead.

Resolved, That the Governor be requested to recommend to Mr. Davis, late printer to the Stae, to print such of the said acts of Assembly as have a longer continuance than the end of the next General Assembly, with all the dispatch he possibly can; and that the Secretary furnish him with copies of the said acts for that purpose.

On reading the petition of sundry of the inhabitants of the middle southwest district of Onslow county, and also a petition of sundry inhabitants of New Topsail District in New Hanover county, complaining of the unjust appointment of the militia captains and subaltern officers in those districts, praying relief;

Resolved, That the Governor be advised to recommend to the commanding officers of the militia in those counties to cause a fair election of officers for the said districts to be made and return to the Governor the names of such persons who have a majority of votes for the respective appointments, certified under the hand of the respective commanding officer; and that thereupon the Governor be advised to issue commissions to such persons accordingly.

WILLIAM CRAY, President,