The Charlotte Town
Resolves
Resolves Adopted in Charlotte Town, Mecklenburg County, North
Carolina, May 31, 1775
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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. That the Committee be
accountable to the County for the Application of all Monies received from such public
Officers.
14. That all these Officers
hold their Commissions during the Pleasure of their respective Constituents.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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