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Revolutionary War Documents | Mecklenburg Resolves Charlotte Town, Mecklenburg County
Mecklenburg Resolves Charlotte Town, Mecklenburg County - May 31, 1775
This day the Committee of this county 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 rebellion, 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 colonies,
for the present, wholly suspended. To provide, in some degree, for the
exigencies of these colonies, 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 power, 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 in the county, and one in 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 the Crown of
Great Britain, and former constitution of this province.
That for the better preservation of the peace and administration of
justice, each of those companies do choose from their own body, two
discreet freeholders, who shall be empowered, each by himself and singly,
to decide and determine all matters of controversy, arising within said
company, under the sum of twenty shillings; and jointly and together, all
controversies under the sum of forty shillings; yet so as that their
decisions may admit of appeal to the Convention of the Select-Men of the
county, and also that any one of these men 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 act as Constables, who may assist them in the execution of their office.
That upon the complaint of any persons 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 said complaint.
That these eighteen Select-Men, thus appointed, do meet every third
Thursday 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 said Clerk, upon the
application of any persons aggrieved, do issue his warrant to one of the
Constables of the company to which the offender belongs, directing said
Constable to summons and warn said offender to appear before the
Convention, at their next meeting, 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, 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 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 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 time, if the debtor fail to return and discharge the
debt, the Constable shall return the warrant to one of the Select-Men of
the company, where the goods are found, who shall issue orders to the
Constable to sell such a part of 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 orders for sale.
That all receivers and collectors of quit-rents, 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 further 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 several constituents.
That this committee will sustain all damages that ever hereafter may
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 in which he resides, the said company 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, to safe custody, until the next sitting of the Committee, who
shall deal with him as prudence may direct.
That any person refusing to yield obedience to the above Resolves,
shall be considered equally criminal, and liable to the same punishment,
as the offenders above last mentioned.
That these Resolves be in full force and virtue, until instructions
from the Provincial Congress, regulating the jurisprudence, of the
Province shall provide otherwise, or the legislative body of Great
Britain, resigns its unjust and arbitrary pretensions with respect to
America.
That the eight militia companies in the county, provide themselves with
proper arms and accoutrements. and hold themselves in readiness to execute
the commands and directions of the General Congress of this province and
this Committee.
That the Committee appoint Colonel Thomas Polk, and Doctor Joseph
Kennedy, to purchase 300 lb. of powder, 600 lb. of lead, 1,000 flints, for
the use of the militia of this county, and deposit the same in such place
as the Committee may hereafter direct.
Signed by order at the Committee. EPH. BREVARD, Clerk of the Committee
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