North Carolina General Assembly of 1777

Last updated
1st North Carolina General Assembly (1777)
5th Provincial Congress 1778
Tryon Palace.JPG
Tryon Palace recreated in the 1950s, seized by the patriots and used as the first seat of government
Overview
Legislative body North Carolina General Assembly
Jurisdiction North Carolina, United States
Meeting place New Bern, North Carolina
Term1777
North Carolina Senate
Members39 Senators (38 counties, one district)
Speaker Samuel Ashe
Clerk James Green, Jr.
North Carolina House of Commons
Members76 Representatives from 38 counties, 6 from districts
Speaker Abner Nash
Clerk Benjamin Exum
Sessions
1stApril 7, 1777 – May 9, 1777
2ndNovember 15, 1777 – December 24, 1777

The North Carolina General Assembly of 1777 met in two sessions in New Bern, North Carolina, from April 7 to May 9, 1777, and from November 15 to December 24, 1777. This was the first North Carolina legislature elected after the last provincial congress wrote the first North Carolina Constitution. This assembly elected Richard Caswell as the state's first constitutional governor (he had been serving as acting governor by action of the provincial congress). [1] [2] [3] [4] [5] [6]

Contents

Each of the 38 counties of North Carolina were authorized to elect one senator and two representatives to the House of Commons. In addition, six boroughs (also called districts) elected one House member each. An additional district, Washington District, had one senator and no representative in the House of Commons. Washington District comprised the lands that later became part of Tennessee in 1789. It was referred to as a District in 1776 and 1777 and Washington County after 1777. [1] [2]

History

The North Carolina Constitution of 1776 created a strong legislature and a weak executive. The constitution created a bicameral legislature consisting of a Senate made up of one representative from each county and a House of Commons with two members from each county and one member from each of seven designated districts, including Washington District. House members had to own at least 100 acres of land and Senate members had to own at least 300 acres of land. Members were not paid for their services. The governor was chosen annually. Thus, Richard Caswell was chosen the first governor of the State of North Carolina. The governor had no veto power and little control over patronage, He could not convene, prorogue, or dissolve the legislature. [7]

Members of the legislature were elected by popular vote annually. As such, they were the only state officials elected by popular vote. The constitution allowed that "all freemen of the age of twenty-one years, who have been inhabitants of any one county within this State twelve months immediately preceding the day of any election, and shall have paid public taxes shall be entitled to vote for members of the House of Commons for the county in which he resides". It also allowed "that all freemen, of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of any election and possessed of a freehold within the same county of fifty acres of land for six months next before, and at the day of election, shall be entitled to vote for a member of the Senate." Restrictions were placed on voting for town or district members, i.e. "That all persons possessed of a freehold in any town in this State, having a right of representation and also all freemen who have been inhabitants of any such town twelve mouths next before and at the day of election, and shall have paid public taxes, shall be entitled to vote for a member to represent such town in the House of Commons: -- Provided always, That this section shall not entitle any inhabitant of such town to vote for members of the House of Commons, for the county in which he may reside, nor any freeholder in such county, who resides without or beyond the limits of such town, to vote for a member for said town. [7] [8]

The Constitution of 1776 required the General Assembly to "appoint judges of the Supreme Courts of Law and Equity, Judges of Admiralty, and Attorney-General," who were commissioned by the Governor and held office during good behavior. Acting under this authority, the General Assembly in 1776 divided the State into six judicial districts. Under the act of 1777 three judges, Samuel Ashe, Samuel Spencer, and James Iredell, were chosen. [1] [8]

The General Assembly of 1777 was also responsible for electing Councilors of State. They elected the following councilors on April 18, 1777: [1]

The General Assembly of 1777 elected James Glasgow from Dobbs County as North Carolina Secretary of State. [1] [9]

From 1777 to 1779, the State was divided into two districts, Northern and Southern, each with a treasurer. John Ashe from New Hannover County was elected treasurer of the Southern District. Samuel Johnston from Chowan County was elected treasurer of the Northern District but declined to serve, so William Skinner was elected. [1]

Waightstill Avery from Burke County was elected Attorney-General by the 1777 legislature. [1]

The General Assembly of 1777 elected the following Judges of the Superior Court: James Iredell (17771778, Samuel Ashe (17771795), and Samuel Spencer (17771794). [1]

The constitution gave the Senate and House of Commons the power to appoint the generals and field-officers of the militia, and all officers of the regular army of this State. [8]

The following counties were created in 1777 by the legislature: Burke, Camden, Caswell, Nash, and Wilkes counties. [1]

Legislative accomplishments

The following acts were passed by the General Assembly of 1777 during the first session: [10] [note 2]

During the second session, the following acts were approved: [10]

House of Commons

House of Commons leadership

Rep. James Wilson JusticeJamesWilson.jpg
Rep. James Wilson
Rep. John Penn JohnPenn.jpg
Rep. John Penn
Rep. Nathaniel Rochester NathanielRochester.jpg
Rep. Nathaniel Rochester
Rep. Thomas Burke Thomas Burke of North Carolina.jpg
Rep. Thomas Burke
Rep. Joseph Winston Col. Joseph Winston.jpeg
Rep. Joseph Winston
Rep Willie Jones WillieJonesNC.jpg
Rep Willie Jones
Rep. Abner Nash AbnerNash.jpg
Rep. Abner Nash
Rep. William Hooper William Hooper.jpg
Rep. William Hooper

House of Commons members

The following list shows the names of the house members and the counties or districts that they represented [3] [1] [2] [12]

CountyHouse of Commons Member
Anson County George Davidson
Anson County William R. Pickett
Beaufort County Alderson Ellison [house 1]
Beaufort County Nathan Keas [house 2]
Beaufort County William Brown
Bertie County Zedekiah Stone
Bertie County Simon Turner
Bladen County Thomas Owen [13]
Bladen County John Turner
Brunswick County William Lord
Brunswick County Richard Quince, Jr.
Burke County Ephraim McLean
Burke County James Wilson
Bute County Green Hill
Bute County Benjamin Ward
Camden County Caleb Granby [house 3]
Camden County Thomas Humphries [house 4]
Carteret County Brice Williams
Carteret County Thomas Chadwick
Caswell County John Atkinson
Caswell County Richard Moore
Chatham County John Birdsong
Chatham County Mial Scurlock [house 5]
Chowan County Thomas Benbury
Chowan County Jacob Hunter
Craven County Nathan Bryan
Craven County John Tillman
Cumberland County William Rand [house 6]
Cumberland County Philip Alston
Currituck County James Ryan
Currituck County James White
Dobbs County Andrew Bass
Dobbs County Jesse Cobb
Duplin County Richard Clinton
Duplin County Robert Dixon
Edgecombe County Nathan Boddie
Edgecombe County Jonas Johnston [14]
Granville County John Penn [house 7]
Granville County Thomas Person
Guilford County John Collier
Guilford County Robert Lindsay
Halifax County Egbert Haywood
Halifax County Joseph John Williams
Hertford County Joseph Dickenson
Hertford County James Garrett
Hyde County John Jordan [house 8]
Hyde County Joseph Hancock [house 9]
Hyde County Benjamin Parmely
Johnston County Alexander Averet
Johnston County Henry Rains
Martin County Whitmell Hill [house 10]
Martin County William Slade
Mecklenburg County Waightstill Avery
Mecklenburg County Martin Phifer
New Hanover County Alexander Lillington
New Hanover County Samuel Swann
Northampton County Jeptha Atherton [house 11]
Northampton County Robert Peebles [house 12]
Northampton County Howell Edmunds
Onslow County John King
Onslow County Henry Rhodes
Orange County John Butler
Orange County Nathaniel Rochester [house 13]
Orange County Thomas Burke [house 14] [house 15]
Pasquotank County James Ferebee [house 16]
Pasquotank County Thomas Harvey [house 17]
Pasquotank County Thomas Relfe
Perquimans County Jesse Eason
Perquimans County Benjamin Harvey
Pitt County William Robeson
Pitt County John Williams
Rowan County Matthew Locke
Rowan County James Smith
Surry County Charles Gordon
Surry County Joseph Winston
Tryon County Andrew Neel
Tryon County John Barber
Tyrrell County John Hooker
Tyrrell County Benjamin Spruill
Wake County John Rice [house 18]
Wake County John Rand [house 19]
Wake County Thomas Wooten [house 20]
Wake County Tignal Jones [house 21]
Edenton District John Green
Halifax District Willie Jones [house 22]
Hillsborough District William Courtney
New Bern District Abner Nash
Salisbury District David Nisbitt
Wilmington District William Hooper [house 23]

Senate

Senate leadership

Sen. James Kenan James Kenan.jpg
Sen. James Kenan
Sen. Allen Jones Allen Jones.jpg
Sen. Allen Jones

Senators

The following Senators served in this assembly: [15] [4] [1] [2]

CountySenate Member
Anson County David Love
Beaufort County Thomas Respess
Bertie County John Campbell
Bladen County Thomas Robeson
Brunswick County Archibald Maclaine
Burke County Charles McDowell
Bute County Benjamin Seawell
Camden County John Gray
Carteret County James Parrot
Caswell County James Saunders
Chatham County Ambrose Ramsey
Chowan County Luke Sumner
Craven County James Coor
Cumberland County David Smith
Currituck County Samuel Jarvis
Dobbs County Benjamin Exum
Duplin County James Kenan
Edgecombe County Elisha Battle
Granville County Memucan Hunt
Guilford County Ralph Gorrell [16]
Halifax County John Bradford
Hertford County Robert Sumner
Hyde County William Russell
Johnston County Needham Bryan
Martin County William Williams
Mecklenburg County John McKnitt Alexander
New Hanover County Samuel Ashe
Northampton County Allen Jones [senate 1]
Onslow County William Cray [senate 2]
Onslow County John Spicer [senate 3]
Orange County Thomas Hart
Pasquotank County Joseph Jones
Perquimans County William Skinner [senate 4] [17]
Pitt County Robert Salter
Rowan County Griffith Rutherford
Surry County Robert Lanier
Tryon County Charles McLean
Tyrrell County Archibald Currie
Wake County James Jones [senate 5]
Wake County Michael Rogers [senate 6]
Washington District John Carter

Notes

General notes:

  1. Vacated upon election to the Continental Congress, 17771780
  2. Original spelling is used.

House notes:

  1. Alderson Ellison was elected but out of the country.
  2. Nathan Keas was elected to replace Alderson Ellison. He took office on December 4, 1777.
  3. Caleb Granby took office on December 8, 1777.
  4. Thomas Humphries took office on December 8, 1777.
  5. Mial Scurlock was elected county clerk, so his seat was declared vacant on November 15, 1777.
  6. William Rand was elected county clerk. His seat was declared vacant on November 15, 1777.
  7. Member of the Continental Congress, 17751776, 17771780
  8. John Jordan was elected county clerk, so his seat was declared vacant on November 15, 1777.
  9. Joseph Hancock was elected to replace John Jordan. He took office on December 11, 1777.
  10. Member of the Continental Congress, 17781781
  11. Jeptha Atherton was elected county clerk, so his seat was declared vacant on November 15, 1777.
  12. Robert Peebles was elected to replace Jeptha Atherton. He took office on December 6, 1777.
  13. Nathaniel Rochester was elected county clerk, so his seat was declared vacant on November 15, 1777.
  14. Thomas Burke was elected to replace Nathaniel Rochester. He took office on December 1, 1777.
  15. Member of the Continental Congress, 17771781
  16. James Ferebee died before the second session.
  17. Thomas Harvey was elected to replace James Ferebee. He took office on December 4, 1777.
  18. John Rice was elected county clerk, so his seat was declared vacant on November 15, 1777.
  19. John Rand was elected to replace John Rice. He took office on December 5, 1777.
  20. Thomas Wooten was elected county sheriff, so his seat was declared vacant on November 15, 1777.
  21. Tignal Jones was elected to replace Wooton. He took office on December 6, 1777.
  22. Member of the Continental Congress, 17801781
  23. Member of the Continental Congress, 17741777

Senate notes:

  1. Member of the Continental Congress, 17791780
  2. William Cray left office and he was replaced by John Spicer.
  3. John Spicer replaced William Cray on December 8, 1777.
  4. William Skinner was appointed state treasurer, so he resigned his seat.
  5. James Jones resigned after the first session.
  6. Michael Rogers was elected and took office on November 15, 1777.

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References

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  11. Lewis, J.D. "Maturin Colvill". The American Revolution in North Carolina. Retrieved September 5, 2019., Bladen County Regiment, 1775-1776, a Captain under Col. Thomas Robeson, Jr. Soon after the battle of Moore's Creek Bridge, he was discharged, suspected of being a Loyalist. He was, and soon became a Colonel for the Loyalists. Later captured and killed.
  12. Clark, Walter, ed. (1895). "Journal of the House of Commons of 1777" (PDF). The American Revolution in North Carolina. Retrieved September 4, 2019.
  13. Powell, William S. (1991). "Thomas Owen" . Retrieved November 4, 2019.
  14. Johnston, Hugh Buckner (1988). "Jonas Johnston" . Retrieved November 4, 2019.
  15. Clark, Walter, ed. (1895). "Journal of the Senate of 1777" (PDF). The American Revolution in North Carolina. Retrieved September 4, 2019.
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  17. Skinner, Sue Dossett (1994). "William Skinner". NCPEDIA. Retrieved November 4, 2019.