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[The following is a excerpted transcript of the minutes of the North Carolina General Assembly, as found in the first series of the Colonial Records of North Carolina, Vol. 12, page 274, 277-278. The original of this document has not been located.]

Wednesday, 19 November, 1777.

The House met according to adjournment.


Received from the Senate the following Message:

Mr. Speaker & Gentlemen of the House of Commons:

"We herewith send for your concurrence a resolve of this House together with an address to His Excellency the Governor relative to John Lewelling.

Sam'l Ashe, S. S,"

At the same time received the resolve referred to in the above Message, as follows:

"On motion, resolved that the following Message relative to John Lewelling be addressed to his Excellency the Governor and sent to the House of Commons for concurrence:

To his Excellency Richard Caswell, Esqr., Governor and Commander-in-Chief, &c., &c.,


The General Assembly have considered the petition and other papers laid before them by your Excellency relative to the case of John Lewelling, now under sentence of death for high treason, and are of opinion that as it doth not appear that there were mitigating circumstances certified by the Judge who presided at his trial, the sentence should have been carried into execution without delay, for which purpose the Constitution hath invested your Excellency with full powers, and hath expressly declared that the Legislative, Judicial and Executive powers of Government ought to be forever separate and distinct from each other.

The General Assembly think it absolutely necessary that an express be immediately sent to the commanding officer, or in his absence to the Sheriff of Chowan County, directing that a strong guard be kept over the body of the said John Lewelling.

Sam Ashe, S. S."

The House taking the said resolve and address into consideration concurred therewith and ordered that Mr. Williams and Mr. Bryan wait upon his Excellency the Governor with the address.

Ordered that the following Message be sent to the Senate:

"Mr. Speaker & Gentlemen of the Senate:

This House have concurred with the resolve of yours and the address to his Excellency the Governor relative to John Lewelling, and have sent the address to his Excellency.

A. Nash, S. C."