On February 27, 1777, Congress adjourns to return to Philadelphia and on March 4th reconvenes at Philadelphia’s State House.
In April, 1777, Mr. Hewes was not re-elected, the delegates being Burke, Hooper and Penn. Mr. Hooper having resigned, Cornelius Harnett was elected in his stead; and in April, 1778, Dr. Burke was not sent back, there probably being dissatisfaction with him, because in recommending the appointment of a Brigadier General, after the death of Genl. Moore, he had overlooked the North Carolina Colonels and had recommended Genl. Hand of Pennsylvania, which called forth a strong protest and remonstrance from the North Carolina officers.
To replace him, Abner Nash was elected, but he declining, John Williams of Granville, who was then Speaker of the House, was chosen.
The first Assembly under the new Constitution met at New Bern, April 7th, 1777, and on May 1st, the Assembly elected him as a delegate to the Continental Congress. On June 14th, the Flag Resolution, defining the design of the design of the flag of the United States of America, is adopted.
Sept. 2, 1777 From Richard Caswell to Harnett: The Council is to meet here this day; some of the members are here; to that board I will do myself the pleasure of delivering your compliments. We have been alarmed with the rising of Tories, and forming of conspiracies: the former among the Highlanders & Regulators and in the County in which you had the honor to draw your first breath, and in Bertie and Martin. The Militia in some places was called on to quell the first, but the Insurgents only proceeded to Cross-Creek, under a pretence of getting salt, which they were supplied with, and finding the country alarmed and ready to treat them as they deserved, desisted from proceeding any further.
- September 18: Congress adjourns in order to move to Lancaster, Pennsylvania
- September 27: Congress convenes for one day in Lancaster, at the Court House
- September 30: Congress reconvenes at York, Pennsylvania at the Court House
To govern the war effort and to foster unity among the states, Congress created various standing committees to handle war-related activities, such as the committee of secret correspondence, the treasury board, the board of war and ordnance, and the navy board. Much work was also done in small ad hoc committees.[7] One such small group was tasked with developing a constitution to perpetuate the new Union. Such an agreement, the Articles of Confederation was approved by Congress on November 15, 1777, and sent to the states for ratification.[8]
November 30, 1777 “We are not without hopes of dislodging Gen. Howe from Philadelphia this winter notwithstanding the series of misfortunes & disappointments which have attended our army in this Quarter. One bold push may yet retrieve all. Gen. Howe is apprehensive of this & is guarding all in his power against it. Could this army be defeated, America is safe; Our whole collective strength ought to be employed to effect this grand purpose. By the next Opportunity I shall send you the articles of confederation; they are at last completed after being under the consideration of Congress for almost two Years; This has been the most difficult piece of Business that ever was undertaken by any public Body, it is the best Confederacy that could be formed especially when we consider the number of states, their different Interests, Customs &c. &c. The mode of settling the quota of Taxes to be paid towards the Common expense is at last fixed by the value of all Land held under Patent or Deed in each state. The Eastern people were much against this, knowing their Lands to be very valuable, they were for settling the quota by the number of Inhabitants including slaves, this would have ruined Poor North Carolina, she has as many Inhabitants as Connecticut (almost) tho’ the Land in that state would sell for five times as much as the Lands in ours.”
“Genl. Howe Ravages & destroys wherever he comes, German Town we are informed was pillaged in a most shameful manner, many of the fine houses near the City have been plundered and burnt, in short as far as they can reach they spread Devastation around them among Whigs & Tories indiscriminately. Heaven will in its own good time I hope punish those Butchers & Murderers, there must certainly be some chosen Curse laid up in store for them” Dec 16 1777
December 28 1777 to W Wilkerson I have not received one line from Hooper or MacLaine God knows when, I beg you will make Interest with one or both of them to write to me. God send our Assembly may have wisdom enough to fortify their Seaports, this policy has been adopted by every State in the Union except No. Carolina, the ridiculous jealousy betwixt No. & South has, I fear hitherto prevented it, had this been done two years sooner, Our State would have been as well Supplied with Necessaries from abroad as Charles Town, which of late has been the great mart for the supply of the Southern and Middle States. I send you papers & refer you to them for news. I beg you will not publish any of my Scrawls they are not written for the press—besides I some times mention to you some matters which are not proper to lay before the Public; since I have seen extracts from my letters published in the Wilmington paper; It has made me very Cautious in giving my Opinion to my friends under my hand.
Con/t “Tell Mrs. Harnett (for I forgot to mention it to her) that 2 or three Gallons of Pickled Oysters would be the greatest rarity she could send me I have not tasted one since I left home—also a few dryed fish of any kind a dozen or two, if they even stank, they would be pleasing, I am heartily tired of eating the flesh of four footed animals, we can get very little else in this plentiful Country that you have so often praised & indeed bragged off. Believe me it is the most inhospitable scandalous place I ever was in. If I once more can return to my family all the Devils in Hell shall not separate us. The honor of being once a member of Congress is sufficient for me, I acknowledge it is the highest honor a free state can bestow on one of its members. I shall be careful to ask for nothing more, but will sit down under my own vine & my own Fig tree (for I have them both) at Poplar Grove where none shall make me afraid except the boats of the British Cruisers. I wish you the Compliments of the Season. Remember me particularly to all my friends, I have many left yet in my old age, tho’ perhaps very few in my own Town, I love them notwithstanding, as well as ever; & may perhaps (in the Course of God’s Providence) have it in my power to convince them that I deserve their Confidence. I do not blame them for their neglect of me, it proceeded from that noble independent Spirit, I have for so many years been Contending for, at the risque of my own domestic ease, my private fortune, and what is much more valuable my health. What I have said is not intended to be shewn to any person. It is not my wish to remind any person of matters which have been long since done away. I am wt. sincere regard
Dear Sir
Your real friend & Obedt Servt.
CORN. HARNETT
PREFACE to VOLUME 12 Colonial Records
In the midst of the alarms of war, the Legislature still continued its work of perfecting civil government. The Court law which has received many encomiums was adopted; the English Statutes in force in the State were ascertained and declared; the powers of the County Courts were extended, and Superior Courts were established, from whose decisions as there were no higher courts there was no appeal. Superior Court Judges were elected in December, 1777, being Samuel Ashe, Samuel Spencer and James Iredell, and Waightstill Avery was elected Attorney General. Courts for the trial of civil causes that had so long been suspended were thus reopened in the Spring of 1778.
Laws were passed confiscating the property of citizens who absented themselves from the State; and further steps were taken to perfect the militia. Mr. William Skinner was elected Brigadier General of the Edenton District, and also Treasurer for the Northern District. A fort was built at Ocracock, and the better to protect the commerce passing through that inlet, a large row galley, built by the State of Virginia, was purchased, and was named the Caswell; and a fast sailing tender was bought to accompany her. The brigantines that had been built were sold for privateers.
Congress having recommended that there should be always three delegates in attendance from each State, the Legislature resolved to elect four, so as to admit of one being absent.
Resolved, That it be recommended to the states of Virginia and North Carolina respectively, to raise as many battalions of regular troops, for the particular defence of the southern states, as their respective circumstances will admit; such troops to be engaged only for one year, not to be compelled to serve on any enterprise, or on the defence of any post to the northward of Virginia; to be entitled to continental pay, cloathing and subsistence, and a bounty not exceeding 200 dollars for every noncommissioned officer and soldier.
Whereas the Bahama Islands are now garrisoned by and under the military government of the king of Great Britain, and the inhabitants of the said Islands have of late fitted out many privateers and armed vessels for cruizing on the coasts of these United States; and such privateers and armed vessels have actually captured divers vessels, the property of the citizens of these states, on the coast of South Carolina:
Resolved, That the resolution of Congress of the twenty-fourth day of July, 1776, so far as it relates to the said Bahama Islands, be repealed, and from and after the date of this resolution held void.
Whereas John Laurens, Esq. who has heretofore acted aid de camp to the Commander in Chief, is desirous of repairing to South Carolina, with a design to assist in defence of the southern states:
Resolved, That a commission of lieutenant colonel be granted to the said John Laurens, Esq. his rank to com-Commence the 5 October, 1777, the time he entered into the war, appointed aid do camp by the Commander in Chief.
The discussion in the Continental Congress upon the proposed articles of Confederation was largely participated in by Dr. Burke, and he transmitted to Gov. Caswell a brief of the argument. When the articles were laid before the General Assembly for its action, that body at its December session declined to ratify the entire instrument, resolving that certain articles designated “ought to be immediately ratified, but that the remaining articles containing matters highly important and interesting to the future of the people of this State, and involving what may very materially affect the internal interests and sovereign independence thereof, and not being immediately essential to the success of the present war, ought not to be ratified until there shall be full time and leisure for deliberately considering the same.” And so careful were the patriots of those days about entering into an agreement with the other States that might injuriously affect the rights of the people, that the articles were not at once adopted. But at the next session, the Confederation was formally agreed to and the delegates were directed to sign them, and were given power and authority to bind the State in matters not inconsistent with their particular instructions.
Dec 16 1777 I beg you will inform me of the temper you find our Assembly in. Are they inclined to pursue spirited measures? For God’s sake fill up your Battalions, Lay Taxes, put a stop to the sordid and avaricious Spirit which infected all ranks and conditions of men. Regulate the prices of all commodities, at least such as are immediately useful to our Army. The United States will not much longer be able to procure them at the very exorbitant prices they are now sold at.
We have already received an Account from Connecticut, that their State is much dissatisfied with the mode in the Confederation of fixing the quota of each State, by the value of land—Number of Inhabitants, including Slaves, is their favorite plan.
A valuation of all property, throughout the Continent, was allowed to be the most equitable mode for fixing the quota, but this was said to be impracticable.
All our foreign intelligence indicates, that Europe will soon be in a flame. Let us not depend upon this. If we have Virtue, we certainly have power, to work out our own salvation, I hope without fear or trembling.