The Charlotte Resolves
Year: 1775
American State Papers
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RESOLVES ADOPTED IN CHARLOTTE TOWN, MECKLENBURG
COUNTY, NORTH CAROLINA, MAY 31, 1775
Charlotte Town, Mecklenburg County, May 31
This Day the Committee met, and passed the following
RESOLVES:
Whereas by an Address presented to his Majesty by
both Houses of Parliament in February last, the American Colonies are declared
to be in a State of actual Rebelion, we conceive that all Laws and Commissions
confirmed by, or derived from the Authority of the King or Parliament, are
annulled and vacated, and the former civil Constitution of these Colinies for
the present wholly suspended. To provide in some Degree for the Exigencies of
the County in the present alarming Period, we deem it proper and necessary to
pass the following Resolves, viz.
That all Commissions, civil and military,
heretofore granted by the Crown, to be exercised in these Colonies, are
null and void, and the Constitution of each particular Colony wholly
suspended.
That the Provincial Congress of each Province,
under the Direction of the Great Continental Congress, is invested with
all legislative and executive Powers within their respective Provinces;
and that no other Legislative or Executive does or can exist, at this
time, in any of these Colonies.
As all former Laws are now suspended in this
Province, and the Congress have not yet provided others, we judge it
necessary, for the better Preservation of good Order, to form certain
Rules and Regulations for the internal Government of this County, until
Laws shall be provided for us by the Congress.
That the Inhabitants of this County do meet on a
certain Day appointed by this Committee, and having formed themselves into
nine Companies, to wit, eight for the County, and one for the Town of
Charlotte, do choose a Colonel and other military Officers, who shall hold
and exercise their several Powers by Virtue of this Choice, and
independent of Great-Britain, and former Constitution of this Province.
That for the better Preservation of the Peace, and
Administration of Justice, each of these Companies do choose from their
own Body two discreet Freeholders, who shall be impowered each by himself,
and singly, to decide and determine all Matters of Controversy arising
within the said Company under the Sum of Twenty Shillings, and jointly and
together all Controversies under the Sum of Forty Shillings, yet so as
their Decisions may admit of Appeals to the Convention of the Select Men
of the whole County; and also, that any one of these shall have Power to
examine, and commit to Confinement, Persons accused of Petit Larceny.
That those two Select Men, thus chosen, do,
jointly and together, choose from the Body of their particular Company two
Persons, properly qualified to serve as Constables, who may assist them in
the Execution of their Office.
That upon the Complaint of any Person to either of
these Select Men, he do issue his Warrant, directed to the Constable,
commanding him to bring the Aggressor before him or them to answer the
said Complaint.
That these eighteen Select Men, thus appointed, do
meet every third Tuesday in January, April, July, and October, at the
Court-House, in Charlotte, to hear and determine all Matters of
Controversy for Sums exceeding Forty Shillings; also Appeals: And in Cases
of Felony, to commit the Person or Persons convicted thereof to close
Confinement, until the Provincial Congress shall provide and establish
Laws and Modes of Proceeding in all such Cases.
That these Eighteen Select Men, thus convened, do
choose a Clerk to record the Transactions of said Convention; and that the
said Clerk, upon the Application of any Person or Persons aggrieved, do
issue his Warrant to one of the Constables, to summon and warn said
Offender to appear before the Convention at their next sittinbg, to answer
the aforesaid Complaint.
That any Person making Complaint upon Oath to the
Clerk, or any Member of the Convention, that he has Reason to suspect that
any Person or Persons indebted to him in a Sum above Forty Shillings, do
intend clandestinely to withdraw from the County without paying such Debt;
the Clerk, or such Member, shall issue his Warrant to the Constable,
commanding him to take the said Person or Persons into safe Custody, until
the next sitting of the Convention.
That when a Debtor for a Sum below Forty Shillings
shall abscond and leave the County, the Warrant granted as aforesaid shall
extend to any Goods or Chattels of the said Debtor as may be found, and
such Goods or Chattels be seized and held in Custody by the Constable for
the Space of Thirty Days; in which Term if the Debtor fails to return and
discharge the Debt, the Constable shall return the Warrant to one of the
Select Men of the Company where the Goods and Chattels are found, who
shall issue Orders to the Constable to sell such a Part of the said Goods
as shall amount to the Sum due; that when the Debt exceeds Forty
Shillings, the Return shall be made to the Convention, who shall issue the
Orders for Sale.
That all Receivers and Collectors of Quitrents,
Public and County Taxes, do pay the same into the Hands of the Chairman of
this Committee, to be by them disbursed as the public Exigencies may
require. And that such Receivers and Collectors proceed no farther in
their Office until they be approved of by, and have given to this
Committee good and sufficient Security for a faithful Return of such
Monies when collected.
That the Committee be accountable to the County
for the Application of all Monies received from such public Officers.
That all these Officers hold their Commissions
during the Pleasure of their respective Constituents.
That this Commission will sustain all Damages that
may ever hereafter accrue to all or any of these Officers thus appointed,
and thus acting, on Account of their Obedience and Conformity to these
Resolves.
That whatever Person shall hereafter receive a
Commission from the Crown, or attempt to exercise any such Commission
heretofore received, shall be deemed an Enemy to his Country; and upon
Information being made to the Captain of the Company where he resides, the
said Captain shall cause him to be apprehended, and conveyed before the
two Select Men of the said Company, who, upon Proof of the Fact, shall
commit him the said Offender, into safe Custody, until the next setting of
the Convention, who shall deal with him as Prudence may direct.
That any Person refusing to yield Obedience to the
above Resolves shall be deemed equally criminal, and liable to the same
Punishments as the Offenders above last mentioned.
That these Resolves be in full Force and Virtue,
until Instructions from the General Congress of this Province, regulating
the Jurisprudence of this Province, shall provide otherwise, or the
legislative Body of Great-Britain resign its unjust and arbitrary
Pretentions with Respect to America.
That the several Militia Companies in this county
do provide themselves with proper Arms and Accoutrements, and hold
themselves in Readiness to execute the commands and Directions of the
Provincial Congress, and of this committee.
That this committee do appoint Colonel Thomas
Polk, and Doctor Joseph Kennedy, to purchase 300 lb. of Powder, 600 lb. of
Lead, and 1000 Flints, and deposit the same in some safe Place, hereafter
to be appointed by the committee.
Signed by Order of the Commitee
EPH. BREVARD, Clerk of the Committee
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