The Journal of the Commons House of Assembly

668 COMMONS JOURNAL, FEBRUARY 4, 1760–AUGUST 6, 1760Wednesday the 25th Day of June 1760.Read the Journals of Yesterday’s Proceedings.A Memorial of Joseph Nutt, late Commissary to all and singular theForces employed in the Expedition to the Cherokee Nation, was presentedto the House and read; setting forth,That the Memorialist with the leave of this Honourable House hathobtained a Copy of a Report of the Committee appointed to inquire into theConduct of the Memorialist as Commissary on the late Expedition, by whichReport the Memorialist apprehends he may be affected in his Character ifsome Matters relative to the said Report are not cleared up, wherefore theMemorialist relying on the Indulgence, Equity and Justice of the House begsleave for their Satisfaction and his own justification to state the followingFacts; and first as to the first Paragraph in the Report.That his Excellency William Henry Lyttelton Esqr., late Governor of thisProvince, by Commission under his Hand and Seal bearing Date the 20thOctober 1759 without any application to him for that Purpose by the Memorialist,appointed him to be Commissary to all and singular the Forces to beemployed in the then intended Expedition to the Cherokee Nation by whichCommission the Memorialist was ordered and directed to observe and followsuch Orders & Instructions as he should from Time to Time receive fromhis said Excellency or the Commander in Chief for the time being, or anyother the Memorialist’s superior Officers.That the Memorialist with a view to render every Service in his Powerto his Country, accepted of the said Commission and agreable to the firstgeneral Orders which were given at Monck’s Corner for the 26th October1759 directing the Memorialist to provide Provisions for the Forces employedupon the said Service pursuant to the Militia Act, the Memorialist proceededin his Duty as Commissary, believing (as the Colonels and other Officersupon the Expedition did) that upon a proper Construction of the MilitiaLaw, the Governor and Commander in Chief’s Orders and Commission tothe Memorialist armed him with as good a right to press Provisions as a warrantfrom a private Captain of a Company in the Militia under HisExcellency’s Command could do.To the Second. That on the 27 Day of October aforesaid the Memorialistwas ordered by His said Excellency to attend him to the Congrees, which heaccordingly did and arrived there with him on the thirtieth Day of the sameMonth, when and where were Colonels Chevillette’s, Richardson’s and Powell’sBatallions encamped. That upon the Memorialist’s Arrival at the Congrees asaforesaid he was ordered by his Excellency to make a Report of Provisions thenon the Spot impressed by the said Colonels, which the Memorialist accordinglydid, whereby it appeared that the same consisted only of 12 Barrels of Flour and