Committee on the complaint of the Indians, that their lands had been encroached upon, Money advanced to John Gibson, to facilitate the inlistment and bringing down Indian auxiliaries to the assistance of this country

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Wednesday, May 22, 1776.

Ordered, That the Letter from the Delegates appointed to represent this Colony in General Congress to the Committee of Safety, and formerly laid before the Convention, advising them that the Indians had complained to the Agent for Indian Affairs that their lands had been encroached upon, and that Mr˙ John Harvie and Mr˙ Charles Sims had made surveys, and taken possession of Montour' s Island, in the Ohio, a few miles below Pittsburgh, together with sundry Depositions and Papers relative thereto, now laid before the Convention, be referred to Mr˙ Mercer, Mr˙ Wood, Mr˙ Richard Lee, Mr˙ Clapham, Mr˙ Peyton, Mr˙ Henry Lee, Mr˙ George Mason, Mr˙ Thomas Lewis, Mr˙ Hite, Mr˙ Rutherford, Mr˙ Drew, Mr˙ Bird, Mr˙ Tipton, Mr˙ McDowell, Mr˙ Bowyer, Mr˙ Lockhart, Mr˙ Campbell, and Mr˙ Henry, and they are to inquire into the truth of the said complaint, and report the same, together with their opinion thereupon, to the Convention.

Mr˙ Henry, from the Committee of Propositions and Grievances, reported that the Committee had, according to order, had under their consideration the Petition of John Ballendine and John Reveley, to them referred, and that it appeared the casting of proper cannon is only to be effected by a Foundry, for which pit coal is absolutely necessary; but as the security of this Colony greatly depends on an immediate supply of cannon, they are of opinion that a Foundry should be erected and carried on upon the publick account; that the erecting a blast furnace on Phelps' s Creek, near James River, will not only furnish the Foundry with pig iron, but at a much cheaper rate than can be furnished from any other blast furnace in this Colony, the Petitioners having offered to supply this Colony with any quantity they can make, delivered at the Foundry, at £7 10s˙, currency, per ton, and have engaged to set about such work immediately, upon receiving the sum of £5,000 in advance, to be lodged in the hands of trustees, and paid to them at such times as the said trustees shall judge necessary for carrying on such works, for the repayment of which, in five equal payments, they propose to give security on the lands they shall purchase and the works thereon; and that the Committee had come to the following Resolutions thereupon; which he read in his place, and afterwards delivered in at the Clerk' s table, where the same were again twice read, and agreed to:

Resolved, That so much of the said Petition as prays the assistance of the publick in advancing money to enable the Petitioners to erect a Blast Furnace, is reasonable; and that a sum of money, not exceeding £5,000, be advanced by the publick for that purpose, in the manner and on the terms mentioned in the foregoing Report.

Resolved, That such other part of the said Petition as relates to the Foundry, be rejected; for that the same ought to be erected on the publick account.

Mr˙ Cary, from the Committee of Privileges and Elections, reported that the Committee had inquired into the

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information to them referred, that William Aylett, Esq˙, a Delegate for the County of King William, had accepted a military post of profit in the Continental Army, by which his seat in this Convention is become vacated; and that it appeared to them that the said William Aylett, since his election, had accepted a commission appointing him Deputy Commissary-General to the Continental forces in Virginia; and that they had come to the following Resolution thereupon, which he read in his place, and afterwards delivered in at the Clerk' s table, where the same was again twice read, and agreed to:

Resolved, That the said William Aylett, by accepting the Commission aforesaid, hath vacated his seat in this Convention.

Ordered, That the President be desired to issue his Warrant for the election of a Delegate for the County of King William, in the room of the said William Aylett.

Resolved, That in order to facilitate the inlistment and bringing down Indian auxiliaries to the assistance of this country, and for securing the persons and properties of such Indians from injury and insult, the Committee of Safety be desired to furnish the requisite sum or sums of money to John Gibson, Esq˙, and to give him such credentials and furtherance in the said business, as is necessary to give speedy success.

Resolved, That Richard Morris be appointed Paymaster and Commissary of Provisions to the two Battalions ordered by this Convention to the assistance of North- Carolina; and that he be allowed 12s˙ 6d˙ per day for his service in those offices, exclusive of his necessary expenses, and wages paid to Assistants.

Mr˙ Cary, from the Committee of Privileges and Elections, reported that the Committee had, according to order, had under their consideration the information to them referred: That Gabriel Penn, Esq˙, who is returned a Delegate for the County of Amherst, is at present Under-Sheriff in the said County, and is rendered incapable of sitting or voting in this Convention; whereupon it appeared to them that at a Court continued and held for the said County of Amherst, on the 6th day of February last, the said Gabriel Penn, on the motion of Hugh Rose, Gentleman, was admitted and sworn his Under-Sheriff, agreeably to the Ordinance of the Convention; that it further appeared that the said Hugh Rose, on the application of the said Gabriel Penn, did, on the 8th day of March last, near a month before the election, discharge him from the office of Under-Sheriff; and that they had come to the following Resolution thereupon; which he read in his place, and afterwards delivered in at the Clerk' s table, where the same was again twice read, and agreed to:

Resolved, That the said Gabriel Penn is duly elected a Delegate for the County of Amherst.

The Order of the Day, for the Convention to resolve itself into a Committee on the state of the Colony, being read,

Ordered, That the same be put off till to-morrow.

Adjourned till to-morrow, ten o' clock.