powered by google
Documenting the American South Logo
Colonial and State Records of North Carolina
Advanced Search Options
Minutes of the Upper House of the North Carolina General Assembly
North Carolina. General Assembly
April 13, 1731 - May 17, 1731
Volume 03, Pages 257-284

[B. P. R. O. North Carolina. B. T. Vol. 8. P. 101.]
LEGISLATIVE JOURNALS.

North Carolina—ss.

At a General Assembly begun and held for his Majesties Province of North Carolina at Edenton the 13th day of April Anno Domini 1731.

Present
His Excelly George Burrington Esqre His Majtes Goverr & Capt. General of sd Province.
The Honōble William Smith Esqre
The Honōble Nathl Rice Esqre
The Honōble Josh Jenoure Esqre
The Honōble Edmond Porter Esqre
The Honōble Jno Bapte Ashe Esqre
The Honōble Corns Harnett Esqre

Members of His Matys Council being the Upper House of Assembly.

The House met & adjourned till to-morrow morning Eight of the Clock.

Wednesday Aprill 14th The House met again.

A Message came from the Lower House acquainting this Board that they were ready to present their Speaker and thereupon His Excelly the Governor (by the Messenger of this House) Commanded their immediate Attendance. And the House in a full body came and presented Coll. Edward Moseley their Speaker who was thereupon approved of by His Excelly the Governor.

Then the Governor was pleased to deliver His Speech to the House of Burgesses in the following way. Vizt

Gent of the Council & Gent of ye House of Burgesses.

His Majesty the King our most gracious Lord & Master having Honoured me by His Commission to be Governor of this Province, on my arrival here by and with the Consent of Council I issued Writts for the several Precincts and Towns to Choose Burgesses to meet on the 13th of this Month. I assure you Gents it is a great satisfaction to me that we are now Assembled. I cannot doubt of your ready Complyance in

-------------------- page 258 --------------------
passing such Acts as are Required by his Majesty in the 19th, 31st, 42nd, 61st, 63rd, 75th, 76th, & the 114th Articles of my Instructions, Transcripts of which I have ordered to be said before you.

Gentlemen,

I assure you I have as much inclination to promote the Welfare of this Country now as formerly, I expect each Member of this Assembly comes here with an Intent to do everything that may be to the Kings Honour, & the Good of North Carolina I hope we shall behave ourselves with so much Duty that his Majesty will have pleasure in granting us his Royall favours when we approach his Throne with our Humble Petitions.

Gentlemen,

There are several matters absolutely necessary to be settled in this Assembly particularly how to keep the Bills to the Value they ought to pass for.

The Settlements being so much Extended I think it Needfull that the Chief Justice with his Assistants should for the Ease of the People hold Courts in three different parts of the Province twice a year.

That Wills should be proved & Lycences given by a proper Officer in every Precinct.

That Effectual methods be taken to procure a direct Trade to Europe and the West Indies without which this Country will always continue Poor.

To pass an Act for building a Town on Cape Fear River and appointing Commissioners for that purpose.

To appoint an Agent & settle a Salary for Transacting the Affairs of this Province in England.

Gentlemen of the House of Burgesses

I am fully Senseble how necessary your presence is at this time of the year on your Respective Plantations, therefore will do all in my power to make this a short session. If you Judge it Necessary Depute some of your House to advise with me on any matters you have occasion to Debate which may Expedite Business and prevent Misunderstandings.

I recommend to you Unanimity and Agreement and that your Debates be carryed on with Modesty and good Manners.

Gentlemen of the Council.

I return you my Sincere thanks for the readiness you have shown in dispatching all Business that has come before us. Your Demeanour to

-------------------- page 259 --------------------
me has been so full of respect that I am at a loss for Words to Express the Esteem and due Regard I have for Persons of so Great Worth & excellent Qualifications.

Gentlemen of the Assembly.

My diligence & industry in Promoting New Settlements in this Country when Governor for the Proprs you remember, and the happy effects thereof are known to every man in this Province, That on Cape Fear River begun by me six years past, is now the Place of the greatest Trade in the whole Province. All the reward I ever received for the charges Necessary & unavoidably occasioned by that undertaking, the Losses I suffered and the great hardships I endured was the thanks of a house of Burgesses.

Gentlemen of the Assembly.

Your behaviour at this time is of the utmost Consequence to North Carolina, it is in your Power to make it very happy by cheerfully and willingly performing what is required of you by the greatest and best King that ever sway'd the British Sceptre. Consider you have at this time a Governor that is entirely your Friend and wellwisher, that will joyne his own Interest to obtain for this Country all that is now or has any appearance of being for your Good, I sincerely desire your Proceedings may accomplish & perfect all that is wanting to make this Country Populous Happy and Rich.

GEO: BURRINGTON.

Then the House Adjourned till to morrow morning at Eight of the Clock.

Thursday April 15th. The House met again and adjourned to-morrow morning Eight of the Clock.

Fryday April 16th. The House met again and adjourn'd till to-morrow morning Eight of the Clock.

Saturday April 17th. The House met again and adjourn'd till Monday morning Eight of the Clock.

Monday April 19th. The House met again and adjourn'd till to-morrow morning Eight of the Clock.

Tuesday April 20th. The House met again.

Received the following Messages from the Lower House Vizt.

The Publick Treasurer delivered in at the Table Sixteen Bundles of old Bills of Credit Exchanged by him, say'd to contain the Sum of £7343.10.6.

-------------------- page 260 --------------------

Ordered that the Committee appointed to Settle the Publick Accounts do Exchange the same parcells & of Bills and make report thereof to the House that the same Bills may be destroy'd sent to His Excelly the Governor and Councill for Concurrence by Mr Arthur Williams & Mr Geo: Winn

By Order of ye Genll Assembly
AYLIFFE WILLIAMS. Clk.

Edward Moseley Esqre Publick Treasurer delivered in at the Table the Publick Accounts.

Ordered that John Lovick Esqre Mr Charles Denman, Mr Gabrill Burnham, Mr George Powers, Mr Arthur Williams, Mr William Willson, Mr William Barrow & Mr William Williams be a Committee of this House to be joined by such Members of the Council as shall be appointed to Inspect & Settle the same and the Accounts of all others concerned with the Publick Money & report the same to this House. Sent to His Excelly the Governor & Council for Concurrence by Mr Arthur Williams & Mr George Winn

By Order of the General Assembly
AYLIFFE WILLIAMS. Clk.

Ordered that the following Message be sent to the Lower House. Vizt.

Mr Speaker & Gent. of the Lower House

This House has appointed William Smith, Edmond Porter and Cornelius Harnett Esqre to be joined with the Members by you appointed to Inspect & Settle the Publick Accounts.

By order
ROBt FORSTER Clk of ye Upper House

Then the House adjourned till to morrow morning Eight of the Clock.

Wednesday April 21st. The House met again.

Mr Speaker & Gent. of the Lower House came in a full body and gave in the following Paper in answer to His Excelly the Govrs Speech. Vizt

To His Excelly George Burrington Esqre His Majesties Capt General & Governor in Chief of North Carolina.

We the Kings most Dutifull & Loyall Subjects the Representatives of the People of North Carolina with great pleasure congratulate your arrival in this Province with that Command which His most gracious

-------------------- page 261 --------------------
Majesty has been pleased to confer on you. We have formerly experienced your Care for the Welfare of this Country and we rest fully assured that we shall not want your best Endeavours to promote the lasting happiness of the People of this Province. We sincerely promise for ourselves that we will not be wanting to do everything that we think may contribute thereto, and the Honour & Interest of His Majesties Service.

The several Articles of His Majesties Instructions which you have laid before this House shall be duely considered by us, & as we propose to Address His Royall Majesty concerning some of the matter contained therein we doubt not but our Dutifull Behaviour to you & what we shall propose for His Majesties Service and the Welfare of this Province will procure our Addresses a Favourable Reception.

We observe how particularly you Recommend to us the Settling a Method to keep the Bills Currant in this Country to their Value. We imagine the same is already sufficiently provided for by the Act passed in the Biennial Assembly in November 1729 Nor do we find but that the Credit given them by that Act is preserved by the Currency they have obtained all over this Government, but if any better method can be proposed for Establishing their value we shall very readily take the same into our Consideration.

As everything your Excelly recomends shall have its due weight with us we are of opinion with you that the remote Scituation of divers parts of this Province from Edenton the Metropolis of this Government will make it necessary that some Provision be made for the more Easy administration of Justice in those remote parts. A Bill for which purpose we shall order to be prepared Accordingly.

We heartily thank you for the Ease you propose to the Inhabitants relating to Wills & Lycences, a Bill for which purpose we have ordered to be prepared, And as your Excelly has indulged us thus far we make no doubt but when we propose other matters of equal concern for the good of this Province we shall have your cheerful concurrence.

We understand there is a Town already Established on Cape Fear River called Brunswick in New Hanover Precinct in respect to one of the Titles of the illustrious House of Hanover and we are informed it is like to be a flourishing place by Reason of its Excellent Situation for the Trade of those Parts, to promote which or any other Place on that River that shall be judged more proper we will readily give such assistance as is in our Power.

-------------------- page 262 --------------------

The services done to this Province by the Settlement begun by you at Cape Fear, we have a grateful sense of which we shall make Evident on proper occasions and in a particular manner we purpose to be mindfull thereof in our Address to His Majesty. All the other parts of your Excellys kind Speech we will take into our serious Consideration, & we hope the behaviour of the Assembly of this Province at this Juncture & at all times hereafter will Demonstrate that the Inhabitants of this Province have the greatest Duty & Loyalty to his most Excellent Majesty, Zeal & Affection for your Excelly & the Welfare of this Province.

By Order of the Genl Assembly.
E. MOSELEY Speaker

His Excelly the Governor thereupon commanded the Lower House to attend him at this Board to-morrow morning at Eleven of the Clock.

Then the House Adjourned 'till three of the Clock in the Afternoon.

The House met again and Rec̄d the following Paper from the Lower House in these words. Vizt

Whereas by the Royall Charter granted by King Charles the second to the Lords Proprietors and the Inhabitants of Carolina it is granted that the Inhabitants of this Province shall have possess & enjoy all Liberties Franchises & Priviledges as are held possessed & enjoyed in the Kingdom of England. And whereas it is the undoubted Right & Priviledge of the People of England that they shall not be taxed or made Lyable to pay any Sum or Sums of Money or Fees, other than such as are by Law established Notwithstanding which it appears by Complaints made in most parts of this Province that the officers in General do demand take & receive from the Inhabts and Masters of Vessells Trading to this Province Four times more than the Fees appointed by the Laws of this Province to the great Discouragement of the Trade of this Province & the oppression of the People.

Resolved that this House do wait on the Govr with this Complaint and that the Council be desired to join with this House in requesting his Excelly to issue a Proclamation declaring such Practices contrary to Law and the oppression of the Subject, and strictly forbidding all officers to take larger Fees than is by Law appointed under pretence of difference of money untill such time as the officers Fees shall be Regulated by Authority of Assembly This House now having the same under their Consideration pursuant to His Majesties Instructions.

By Order of the Genl Assembly
AYLIFFE WILLIAMS. Clk.

Sent by Mr Scarborough & Mr Denman.

-------------------- page 263 --------------------

Then the House adjourned 'till to-morrow morning Eight of the Clock.

Thursday April 22nd The House mett again

Present Robert Halton Esqre

The Lower House came in a full body and His Excelly the Governor spoke to them in these words. Vizt

Mr Speaker and Gent. of the House of Burgesses

I think it necessary to cause Two Articles of my Instructions to be read to you that no Person in your House may pretend ignorance in a Matter where the Kings Com̄ands to me are Positive (Vizt) the 37th & 47th you may apply to me when and as often as you desire to Inspect any Publick Accounts, and they shall be laid before you. I think it absolutely necessary for his Majesties Service and the good of this Country that a Treasurer be appointed, Therefore I shall with advice of the Council speedily appoint a fit Person to execute that Important office until His Majesty Commissionates one

GEORGE BURRINGTON

Received the following Message from the Lower House Vizt

To His Excelly the Governor

This House requests His Excelly the Governor that he will be pleased to lay before this House a Copy of the Two Instructions which he read to them and that what he shall think proper to say to this House on those Instructions may be put into writing.

By order of the Genl Assembly
AYLIFFE WILLIAMS. Clk.

Sent to ye Upper House by Mr Skinner & Mr Burnham.

Then the House adjourned 'till to-morrow morning Eight of the Clock.

Fryday April 23rd The House mett again.

Received the following Message from the Lower House Vizt Fryday April 23rd.

To His Excelly the Governor.

Voted the Reverend Mr Nicholas Jones be paid the sum of Ten Pounds for officiating Divine Service this day before the Governor

-------------------- page 264 --------------------
Council and Assembly, and His Excelly the Governor is requested to issue his Warrant to the Publick Treasurer for the Payment of the Same.

Sent to the Council for Concurrence
AYLIFFE WILLIAMS. Clk

By Messrs Symons & Burnham.

Which being read in the Upper House the same was concurred with.

Then the House adjourned 'till to-morrow morning Eight of the Clock.

Saturday April 24th

The House met again & adjourned 'till Monday morning Eight of the Clock.

Monday April 26th

The House met again and sent the following Resolve to the Lower House. Vizt

Mr Speaker & Gent. of the House of Burgesses

Whereas His Majesty in his Instructions to His Excelly the Governor hath ordered & Directed that all Fees shall be paid to His officers in Proclamation Money and the said Instructions having been Laid before the Council and House of Burgesses the said Burgesses immediately came to a Resolution which they soon delivered to His Excelly in Effect Declaring that the said Instructions were contrary to Law and tended to the oppression of his Majesties Subjects and the said Burgesses having in their said Resolution arrogated and assumed to themselves the sole Power of establishing Fees exclusive of the Governor & Council.

Resolved that the said Resolution of the House of Burgesses is a great invasion of his Matys Prerogative and does highly reflect on the Honour and Dignity of His Crown.

Resolved that the said Resolution of the House of Burgesses openly sends to divest the Governor & Council of their share of the legislative authority vested in them by his Majesties Commission & Instructions founded on the Laws of the English Constitution and that they seem therein to sett up and Erect some other form of Government than is allowed by the Laws of Great Britain. By order

ROBt FORSTER. Clk Up. Hō

At the same time His Excelly the Governor was pleased to send the following Paper to the Lower House Vizt

-------------------- page 265 --------------------

Mr Speaker and Gent. of the House of Burgesses

In answer to your unreasonable Complaint concerning Fees I must inform you that I have proposed to the Speaker and most of the Members of your House that myself and all the Kings officers in this Province were very willing to have their Fees settled in the same manner as in Virginia Inspecting the Laws of that Country I perceive the Lawfull Perquisites of officers there are more beneficial than here, having also read the answer drawn up by the Council to the aforesaid Complaint desire you Gent. sedately to Consider of it. For my own part I cannot refrain from telling you that whoever the Person was who formed the said Paper of Complaint I compare him to a thief that hides himself in a House to rob it and fearing to be discovered Fires the House and makes his Escape in the Smoke.

GEORGE BURRINGTON

Received the following Message from the Lower House Vizt

To His Excelly ye Governor

In answer to what your Excelly was pleased to deliver in writing with the 37th & 47th Articles of His Majesties Instructions, We are of opinion that no Publick money ought to be issued but by the Govr Council and Genl Assembly. And this House is of Opinion that by the Act of Assembly passed in November 1715 Entituled an Act Publick Treasurers to Account this House in Conjunction with the Governor & Council hath a larger Right than only to view and Examine the Publick Accounts.

This House is of Opinion that the 47th Instruction doth not extend to officers appointed by Act of Assembly as are the Publick and Precinct Treasurers and sundry other officers.

And as to the office of Publick Treasurer which you are pleased to mention in particular This House declares they are very well satisfied with the Ability & Integrity of the present Publick Treasurer Edd Moseley Esqr who was appointed to that office in an Act of Assembly by the Governor Council and Assembly and we Conceive that such an officer so appointed is not to be removed but by the like Power: And further this House is of Opinion that the Publick Treasurers of our Neighbouring Governments are appointed in like manner by the Governor Council and Assembly

By Order of the Genll Assembly
AYLIFFE WILLIAMS Clk

Sent by Mr Powers & Mr Sayer.

Then the House Adjourned 'till to morrow morning Eight of the Clock

-------------------- page 266 --------------------

Tuesday April 27th The House met again and sent the following Answer to the foregoing Message Vizt

Mr Speaker & Gent of the House of Burgesses.

In answer to your Message yesterday we must observe that we find greater inclinations in you to Cavil & raise Difficulties than to do anything that may tend to His Majesties Honour and the good of the Province. Gentlemen, we mistrust it is the intent of some Persons to create Animosities and Foment Divisions a Method too frequently Practised formerly as well as now in order to Skreen and Secure themselves from an Enquiry into their Conduct which we believe has not been the most upright and regular, Nothing can be more clear or Express than the latter part of the 47th Instruction wherein His Majesty declares that no officer whatever shall be appointed but by himself or his Governor which surely excludes the House of Burgesses from any share in the nomination of a Treasurer unless you can prove that the Treasurer is not a Publick officer. As to your present Treasurer we agree with you that he is a Person of sufficient ability, and we heartily wish that his Integrity was Equall to it, we must likewise inform you that he was not appointed by any Lawfull Authority and as to your pretended Law of 1729 it is very obvious to any man who suffers not his Reason to be guided by a spirit of Faction that they are Void and was passed with no other intent than to deprive his Majesty of his just Rights settled upon him by the Laws & Constitutions of Great Britain.

By order of the Upper House
ROBt FORSTER Clk

Then the House Adjourned till to-morrow morning Eight of the Clock.

Wednesday April 28th

The House met again and adjourned 'till to-morrow morning Eight of the Clock.

Thursday April 29th

The House met again and adjourned 'till to-morrow morning Eight of the Clock.

Friday April 30th

The House met again.

Read a Bill for an Act Entituled an Act to Regulate & Ascertain the Payment of Quit Rents and Fees of the Officers of this Government the first time and passed with Amendments.

Adjourned 'till to-morrow morning Eight of the Clock.

-------------------- page 267 --------------------

Saturday May 1st

The House met again

Received from the Lower House the three following Papers Vizt

To His Excelly George Burrington Esqre Governor and Commander in Chief etc

It was the greatest surprise imaginable to this House when they received your Paper in answer to Complaints concerning Fees.

It is the undoubted right of your Representatives and nothing more properly their Business than to complain when they find the Subjects oppressed and the Trade of the Province injured And we can hardly find a more general Evil than what we have complained of. As our Laws have stood for near Twenty Years the Officers Fees have been paid in Paper Currency at the Rates mentioned in the Acts of Assembly And now when we find the Officers taking four times as much altho' the same Laws remain in force. Our complaints are called unreasonable, nor doth what you say of your proposal to some of the Members out of this House of having the Fees settled as in Virginia in our Opinion put that affair in any better, but rather a worse light, that proposal being contrary to the Kings Instructions which Recommended the Fees to be Established in Proclamation Money. But what this House is most astonished at is the Close of your Paper where you tell the House you cannot refrain from telling them that whoever the person was that formed the said Paper of Complaint you compare him to a Thief that hides himself in the House to Rob it & fearing to be discovered fires the House to make his Escape in the Smoke.

We assure you we have sedately considered your Paper and the answer of the Council sent therewith and as we think we have given them a Sufficient Answer so we trust we shall your Excelly when we declare that the Complaint we sent was the unanimous voice of the whole House no one Member dissenting therefrom.

And we are of Opinion that such Treatment of any Member of this House in Particular (which seems to be the intent of your Excelly harsh simile) is a great Indignity and Contempt put on the whole House a Breach of Priviledge & Tends to the deterring the Members from doing their Duty which we are well assured will be as Disagreeable to the Known Justice of His Sacred Majesty to hear as it is Grievous & Hurtful to the Just Freedom of the Subjects.

By order of the Genll Assembly
A. WILLIAMS. Clk.

April ye 28th 1731.

Sent by Messrs Russell & Bell.

-------------------- page 268 --------------------

To the Honoble the Council

It is the opinion of this House that the 47 Instruction was never designed by His Majesty to Vacate such Authorities as are granted by Act of Assembly but only to prevent all Persons whatever acting by any Commission from the late Lords Proprietors even such whose Right to offices by grant from the Proprietors were preserved by the Act of Parliament are (as we understand the Instruction) obliged to have their Com̄isions renewed by His Majesty or the Governor: But we do not understand that Instruction in such sense as that those Persons who are Authorized by Act of Assembly must nevertheless have his Majesties or the Governors Com̄ision And we hope we may retain this sense of that Instruction until His Majestys Pleasure be signified thereon without those severe Expressions mentioned in your Paper being flung on this House or any of its Members for whatsover you may say we are resolved by our Conduct & Behaviour to shew our Duty and Loyalty to His Majesty and to do everything we think may tend to His Honour and the good of this his Province, and we hope when we forbear to return such injurious Language as is given to this House, we shall shew we do not mean to Cavil and Raise Difficulties, Nevertheless we think it our Duty to declare this House is of Opinion that the several Expressions contained therein reflecting in general Terms on some Members of this House and on the Publick Treasurer in particular are very unprecedented & a great violation and breach of the Priviledges of this House and as to the Character of the Publick Treasurer the present Speaker of this House The Members of this House declare they are very well satisfied as well with his Integrity as his Ability, his accounts always appearing to be just and True and have this present session been examined by a Committee of both Houses and further we believe it to be our Duty to represent unto His Majesty the ill usuage this House in general and some Members in particular have received.

As to your opinion declared in your Message that the Laws made in 1729 are Void we hope we may without offence declare our different opinion, which is that they ought to Remain in Force untill the Royall Pleasure is signified thereon, and where those Laws to be otherwise dealt with, we imagine it would cause great Confusion in this Province in that it would obstruct the Currency of Bills therein Established and be hurtfull in many other Cases, on which occasion we propose to Address His Majesty and to shew that the Assembly of this Province never meant to deprive His Majesty of any of his Rights. What you say of the Publick Treasurers not being appointed by Lawfull Authority we doubt not

-------------------- page 269 --------------------
but you will alter your opinion because were it to be admitted that the Laws passed in 1729 were isso facto Void as being made since His Majesties Purchase which yet we do not grant yet nevertheless his appointment to that office has been by several Acts of Assembly ever since the year 1715.

By Order of the Genll Assembly
A. WILLIAMS. Clk.

April 28th 1731.

Sent by Messrs Russell & Bell.

To the Honoble the Members of ye Council.

This House finding the Two Resolves sent from you founded on three particular Assertions mentioned in the preamble to the said Resolves, Vizt

1st Concerning His Majesties Instructions.

2dly The Resolutions of this House thereon as you say.

3rdly The Power which you pretend this House hath assumed.

The House conceiving that you have not only put a wrong sense on the Kings Instructions, but also on the Proceedings of this House. We think ourselves bound to clear up such reflections as are cast on us by your Paper.

Wherefore we say to the first we are of Opinion you mistake the Royall Instruction it appearing to us to be only proposed by His Majesty that the Fees shall be regulated and Established by Act, yett untill that is done for which in Obedience to His Majesties Instructions this House directed yt 21st day of the instant April a Bill to be prepared for that purpose, Officers ought not to have Enacted what Fees they thought proper but to have observed our Laws provided therefore.

2ndly This House never declared that the said Instruction was contrary to Law or tended to the Oppression of His Majesties Subjects but that the Officers their taking larger Fees than is by Law appointed was an oppression of the Subjects nor did this House immediately come to that Resolution altho' the nature of the offence could not but be most highly moving nor was it so soon delivered after the Instructions were laid before us as is suggested, for the Instructions came before the House the 19th and the Resolution pass'd the 21st day of that Instant, & then on reading the Complaints of the Masters of Vessells Merchants & Traders, not supposing that His Majesties Instructions had the least Tendancy to Countenance the oppression Complain'd of, and in truth nothing could have been more amazing unto to us than to see our Complaint against so illegall practice put off with so unjust a Construction.

-------------------- page 270 --------------------

3rdly This House never arrogated or assumed to themselves such Power as is represented in the last part of ye preamble, nor does the House conceive that their Complaint can be so construed, because in your Paper it is declared that they had the business of the Fees under their Consideration pursuant unto His Majesties Instructions, and as that Instruction proposed it to be done by an Act it ought not to be imagined it would have been proceeded on otherwise, indeed had this House published anything towards regulating the Fees otherwise than with the consent of Governor & Council such an attempt would have been highly blameable.

As this House hath thus given just Satisfaction to the Council in those particulars and Vindicated themselves from the aspersions cast on them as Invadors of the Royall Perogative or reflecting on the Honour & Dignity of the Crown, Endeavouring to divest the Govr & Council of their parts of the Legislature or arrogating any other part of Government than is consistant with the Laws of Great Britain and the Charter granted by King Charles the second to the Inhabitants of this Province, so we hope you will join with us in our Request to the Governor that he may issue a Proclamation declaring such practices to be contrary to Law and an Oppression of the Subject, & strictly forbidding all officers to take larger Fees than are by Law appointed under pretence of difference of Money untill such time as they are Regulated by authority of Govr Council and General Assembly, this House now having the same under their Consideration persuant to His Majties Instruction.

By Order of the Genll Assembly
A. WILLIAMS Clk.

April 28th 1731.

Sent by Messrs Russell and Bell.

The House adjourned 'till Monday Morning Eight o'Clock

Monday May 3rd. The House met again & His Excelly the Govr sent the following Paper to the Lower House. Vizt

Mr Speaker & Gent. of the Assembly.

As there are certainly several things in your last Message very Exceptionable I suppose it will be no breech of Priviledge in me calmly to point them out to you nor can it be any Injustice to say that the Language of your last Message as well as the former about Fees was very Coarse & Rough and certainly wanted the Respect that is due to a Person in my station which you will in time be Convinced of and obliged to alter your Method.

-------------------- page 271 --------------------

It is allowed you that the House of Representatives have a Right to Complain when Injured but it ought always to be done with Decency and Good Manners which I think is very much wanting in that part of your last Message which tells me I have put the Affair in a Worse Light and accuses me of having made a Proposal contrary to His Majesties Instructions in relation to the Offices in Virginia which I only Recommended as a Guide or Rule to regulate the Fees hereby in Proclamation Money, as His Majesty has positively directed they shall be taken for the Future And you will find Gent. if you will give yourselves time to peruse the Kings Instructions that one of them gives the Governor & Council Power to Regulate and settle Fees and Tables of such Fees to be hung up in the Respective Offices they belong to, I desire to know how you understand this Instruction? It appears to me that the Govr & Council are impowered to Regulate and Establish Fees and whither there was not Occasion for it at this Juncture must be left to further Enquiry. His Majesty has positively declared in His Instructions that for the future all Fees shall be paid in Proclamation Money which is in Effect Repealing all Laws that declare Fees shall be received otherwise. Before the Assembly met, myself and the Council pursuant to the above Instruction declared what was the Value of Proclamation Money in Bills as they now pass This is what you call Oppression, Arbitrary and Illegal Proceedings, General Evil and a hindrance to Trade; Charges that are very Extraordinary in their Nature and ought to have been well supported, but in the manner they are used are really very Surprising and Astonishing.

The Council have already in their Amendments to the Bill for Fees made it Evidently appear that the officers in their Fees by your late Emission of Bills of Credit in the year 1729 were very much injured, a Crown Sterling being rated before that time at seven shillings and six pence by Law, in the Regulation on the late Emission of Bills was valued at Twenty five shillings, And it is very manifest that most of the Fees now subsisting were stated before the Emission of any Bills at all, and that the Bills by this time had it not been for the Emission in 1729 would or ought to have been sunk; so that it is an apparent Loss and Damage to the officers if they are obliged to take the same Fees in Bills of the late Emission or anything near it, and what inducement it will be to His Majesty to tolerate the late Bills I leave you to judge when I tell you it must be Represented to the King that these Bills now Currant are hurt to no one but his officers only who must abandon their Employments and Depart this Province or starve here if they take their Fees in the kind manner you prescribe or desire.

-------------------- page 272 --------------------

Gentlemen the disrespect shewn me I was informed by some Members of your House was occasioned by one Person who pulled the said Paper out of his Pocket that he might divert the House and take them off from another Subject then under Consideration. It was my good opinion of the House induced me to think they were surprised into such Indescent Expressions, but you now Convince me Gentlemen that whoever was the Author thereof it is sufficiently supported by your Patronage

Since you sent that Gallant Paper there have been two Gent. of the Council have moved to have Proclamations issued which I refused for the same reason you were denyed (there being no Occasion) I am Concerned that any Gent. either in your House or in the Upper, will suffer their thoughts to run so much on Proclamations. I judge it will Redound more to your Credit and the good of this Province if you diligently apply yourselves in perfecting what the King has recommend to you in the Eight Instructions delivered to your House.

GEO. BURRINGTON.

Then the House adjourned till to-morrow morning Eight of the Clock.

Tuesday May 4th The House met again & received the following Message from the Lower House. Vizt

To His Excelly Ye Governor & Council.

This House desires to know whither the Power of the Assistant Justices in this Province is Equall to the Associate Justices in England or what is their Power, For we have now under our Consideration the Bill relating to Circular Courts.

By order of the Genll Assembly.
A. WILLIAMS. Clk.

Sent by Mr Kenyon and Mr Barrow.

Then the House adjourned 'till to-morrow morning Eight of the Clock.

Wednesday May 5th The House met again and sent the following Answer to yesterdays Message.

MrSpeaker & Gent. of the House of Burgesses.

This House having considered your Message and Perused the Warrant from His Majesty appointing William Smith Esqre Chief Justice Are of Opinion that the full & sole Power of holding the supream Courts of Judicature is in the sd William Smith and that the Assistants have not

-------------------- page 273 --------------------
an Equall Power with the Associate Justices in England nor any Judicial Power.

By Order of the Governor & Council
ROBt FORSTER. Clk.

Received the following Message from the Lower House. Vizt

To His Excelly the Governor & Council.

This House being senseble that sundry Grants for Lands have been issued since His Majesties purchasing the Province, some of them on old Warrants & some for raising Money towards defraying the Charge of running the Dividing Line between this Province & Virginia, the purchase money for which has been paid to William Little Esqre late Recr Genl

It is the request of this House to his Excelly the Governor and the Honoble the Council that they will joyn this House in an Address to His Majesty to Confirm all such Titles, thereby to prevent any Disputes that might otherwise arise.

And further this House requests that the said William Little may be obliged to give secuty to repay to all such Persons the purchase Money received by him for such Grants as shall be made Void by His Majesty if any such shall be in case the said William Little hath not paid away the same by order of the Government.

By Order of the Genl Assembly.
A. WILLIAMS. Clk.

Sent by Mr Russell & Mr Bell.

Then the House adjourned till to-morrow morning Eight of the Clock.

Thursday May 6th The House met again.

Resolved that the Consideration of the Answers to His Excellys Speech be adjourned till next Wednesday.

Edmond Porter Esqre his Majesties Judge of Vice Admiralty and a Member of this House, made the following Protest.

£10. Sterl. Money to be divided amongst the officers of Vice Admiralty.

5/12 To the Judge
£4.
3.
4
4/15 To the Register
2.
13.
4
¼ To the Advocate
2.
10.
-
1/15 To the Marshall
-.
13.
4
—————
£10.
—.
-

Or an Equivalent in Proclamation Money.

-------------------- page 274 --------------------

Any Act made to the contrary of the above List of Fees, I do hereby dissent from and Protest against

Signed
E PORTER

at the Council Board this 6th day of May 1731.

Then the House adjourned 'till to-morrow morning Eight of the Clock.

Fryday May 7th

The House met again and His Excelly the Governor sent the following Paper in answer to the last Message from the Lower House. Vizt

Mr Speaker & Gent of the Assembly.

In answer to your Message of Wednesday I must inform you that I am Commanded by His Majesty to send an account to the Lords of Trade & Plantation of all Patents for Land granted by Sir Richard Everard Bart. and the late Council since the time His Majesty compleated His purchase of this Province. I am Convinced the Charge given in by the Commissioners appointed to run the dividing Line between this Government and Virginia is very modest, I believe the Lords of Trade will not deem it otherwise. I cannot think it proper for me to Joyn in the Address you desire I will represent a true state of the Affair to the Lords of Trade; as to the last Paragraph I think the persons who signed those Patents, having no authority to dispose of the Lands may be as Lyable as Mr Little who acted only under them & by their immediate appointment.

GEO. BURRINGTON

Adjourned 'till to-morrow morning Eight of the Clock.


Saturday May 8th

The House met againe.

Read a Bill for an Act entituled An Act for Establishing & fixing the Supream Courts in this Province and enlarging the Power of the Precinct Courts the first time and past with amendments.

Resolved that Nathaniel Rice Robert Halton & Jno Bapt Ashe Esqrs be and they are hereby appointed a Committee to joyn with such Members as shall be appointed in the Lower house to confer on the subject matter of the Bill now before this House Entituled an Act to Regulate & ascertain the payment of Quit Rent & Fees of the officers of this Government.

By order
ROBt FORSTER Clk of ye Upp: House
-------------------- page 275 --------------------

And the Lower House thereon sent the following Resolve in Answer.

Vizt

To the Honoble the Council.

Resolved that Mr Callen Pollock, Mr William Downing, Mr Chas: Denman, Col: Thomas Swann, Mr John Etheridge, Mr Edward Salter, Mr Thomas Pollock, Mr Richd Russell, Mr Thomas Smith, Mr William Willson, Mr Walter Lane, & Mr William Williams be a Committee to joyn with the Committee of the Upper House to confer on the Bill for an Act Entituled an Act to Regulate and Ascertain the Payment of Quit Rents & Fees of the officers of this Government.

By order of the Genl Assembly
A. WILLIAMS Clk

Sent by Mr Wm Williams & Mr Geo Winn

Then the House adjourned 'till Monday morning Eight of the Clock.

Monday May 10th

The House met againe.

Read a Bill for an Act Entituled an Act to Regulate and Ascertain the payment of Quit Rents & Fees of the officers of this Government the second time so passed with Amendments.

Then the House Adjourned 'till to-morrow morning Eight of the Clock.

Tuesday May 11th

The House met again & Adjourned 'till to-morrow morning Eight of the Clock.

Wednesday May 12th

The House met again.

Received the following Message from the Lower House

To the Honoble the Council

Resolved that Major Henry Bonner Mr Charles Denman, Mr Gabriel Burnham, Mr John Etheridge, Mr James Castellaw, Mr Thomas Smith, Mr Richard Rustull, Mr William Williams and Mr Walter Lane be a Committee of this House to joyn such Members of the Council as shall be appointed to Examine and Settle the accots of all such Persons as have any Claims on the Publick, and they Report their Proceedings to this House for Approbation.

Sent to the Council for Concurrance
A. WILLIAMS Clk of ye Genl Assembly

By Mr Thomas Pollock

Mr Isaac Hill

-------------------- page 276 --------------------

Then the House adjourned 'till to-morrow morning Eight of the Clock.

Thursday May 13th

The House met again and sent the following Resolve to the Lower House Vizt

> Mr Speaker & Gent. of the House of Burgesses.

Resolved that John Bapt. Ashe, Edmond Porter, and Cornelius Harnet Esqre be and they are hereby appointed a Com̄ittee to Joyn such members as is appointed in the Lower House to Confer on, Examine, and Settle the accots of all such Persons as have any Claims on the Publick.

By order of the Governor & Council
JOS: ANDERSON Clk of the Upper House.

Read a Bill for an Act Entituled an Act for Establishing & fixing the supream Courts in this Province & enlarging the Power of the Precinct Court the Second time & passed with amendment.

Adjourned 'till to-morrow morning Eight of the Clock

Fryday May 14th The House met again.

His Excelly the Governor delivered in the following Paper to this House Vizt

Gentlemen of the Council

The Bill for ascertaining officers Fees and Payment of Quit Rents being now before you and having been thrice Read in the House of Burgesses I think it proper before it goes further to ask your opinion upon His Majesties Instructions about Quit Rents wither (by the Instructions) I may safely pass an Act whereby an Equivolent is to be taken instead of Proclamation Money, and if you shall be of the opinion of may, whether what is offered for payment of Quit Rents in the Bill before us is a sufficient Equivolent to Proclamation money.

GEO: BURRINGTON.

Received the following Message from the Lower House Vizt

To His Excelly the Governor

This House having now prepared such Bills as are thought necessary to be offered (pursuant to His Majties Instructions laid before us) this Session and the present Season of the year being proper for our Residence

-------------------- page 277 --------------------
in our Plantations. We request that the Session may be ended in a few Days, & if any other matters may be thought necessary to be laid before the Assembly, it may be done at the next Biennial the Election whereof is now within a few months.

By order of the Genl Assembly
AYLIFFE WILLIAMS Clk.

By Mr Wm Williams &

Mr Geo: Powers

Adjourned 'till to-morrow morning Eight of the Clock.


Saturday May 15th

The House met again

Received the following Message from the Lower House

To His Excelly Ye Govr & Council.

This House taking into Consideration the several Resolutions touching His Majesties Instructions and other matters proposed to be laid before the Lords Commissrs of Trade & plantations Representing the true state of this Province and as the same will make the address to His Majesty very large if the same were to be incerted therein.

Resolved that Col: Edward Moseley, Thomas Pollock and Cullen Pollock Esqre Col. Thomas Swann, Capt William Downing, Mr Charles Denman, Mr John Etheridge, Mr Walter Lane or any four of them to be a Committee to draw up the said Address, representing the true state and Condition of this Province with respect to its Laws Currancy Trade Lands Rents and Tenures & other Affairs pursuant to the several Laws of this Government and the Notes & Resolves of the House relating to His Majesties Instructions and that the same be signed by the Speaker in the name and by the Appointment of the General Assembly of this Province and Transmitted to His Grace the Duke of Newcastle principal secretary of state, and the Right Honoble the Lords Comissrs of Trade & Plantations by such Agent or Agents as the said Committee shall appoint and that the said Committee shall be empowered to draw out of the Publick Treasury to defray the Charge of that Agency such sums of money as they shall think proper not exceeding £500 Paper Currancy

Sent to the Governor & Council for Concurrance
A. WILLIAMS Clk Genl Ass:

By Mr Kenyon &

Mr Islands

-------------------- page 278 --------------------

Received the following Message from the Lower House

To His Excelly the Governor & Council

This House taking into Consideration the charge that Mr Chief Justice Smith must be at in fitting himself for going the Circuites pursuant to the Bill now proposed to be Enacted.

Voted that he be paid the sum of One Hundred Pounds paper Currency the better to enable him to proceed on that service. This House being willing to Express their good will and Esteam they have conceived of the said Mr Chief Justices conduct & behaviour in his Station.

Sent to the Upper House for Concurrance
AYLIFFE WILLIAMS Clk Genl Assembly.

By Mr Burnham &

Mr Thos: Swann

Received the following Resolve from the Lower House, Vizt

To His Excelly the Govr & Council

Resolved that the Comissrs of Edenton be and they are hereby invested with Power to make Rules for the better ordering and Regulation of the said Town Affairs and that they have power to make & levy any Equall assmts on the Inhabitants towards fencing in the said town or clearing what shall be needfull or for defraying any Petty Charges for the good & benefit of said Towne.

Sent to the Govr & Council for Concurrance.
By order
AYLIFFE WILLIAMS Clk Gen Ass

Concurr'd with so as such assesment be legally made

By order
JOS: ANDERSON Clk Upper House.

Received the following Message from the Lower House

To His Excelly the Governor & Council

This House has appointed Mr Thomas Pollock, Col: Cullen Pollock, Mr Mackrora Scarborough, Col: Thos: Swann, Mr Wm Wilson, Mr William Barrow, and Mr Evan Jones to be a Committee of this House to joyn such Members of the Councill as shall be appointed to examine the old Paper Currency and see the same destroyed.

By order
A. WILLIAMS Clk Gen: Ass:
-------------------- page 279 --------------------

Resolved that the former Committee William Smith Edmund Porter and Cornelius Harnett Esqrs be a Comittee now to joyn such Members as is appointed in the Lower House to Examin the old Paper Currancy and make their Report to both Houses.

By order
JOS: ANDERSON Clk Upp: House

His Excelly the Governor proposed to have a Conference with the Lower House about the Bills for ascertaining the payment of Quit Rents and officers Fees and for Establishing and fixing Supream Courts.

Whereupon the following Message was sent to the Lower House. Vizt

Mr Speaker & Gent. of the House of Burgesses

This House demands a Conference of your House at four of the Clock this afternoon upon the subject matter of the two Bills Vizt a Bill ascertaining officers Fees and paymt of Quit Rents and a Bill for an Act Entituled an Act for Establishing and fixing supream Courts in this Province and enlarging the Power of the Precinct Courts.

By order
JOS: ANDERSON Clk Upp. House

The Governor laid on the Boards some heads for the Conference on the subject matter of the Debate concerning the the Bills with their last Amendments Vizt

In the beginning of the second page.

It is Expressed only Lands taken for the future shall be registered with the Kings auditor or His Deputy. It is the King's intention that all Lands already taken up should be Registered (19 Instruction) a Proviso that the Auditor shall keep a Deputy in every Precinct, I think we have no authority to compell him, and he may keep his office & appoint Deputies as he pleases.

In the third Page

In the Sixteenth Instruction, It is writte that all Fines Penalties etc must be reserved to His Majesty his heirs and Successrs for Publick use & support of Government.

In the 4th—It is my Opinion that Officers acting by Patent in this Government can only be turned out of their Places by the King upon some occasions a Suspension may be Lawfull.

Last Article—We cannot by any means postpone the Payment of the Kings Quit Rents a Recr Genl is appointed 'tis supposed he is not without Instructions how he is to Proceed having Com̄ission under the Kings Great Seal or Warrant.

-------------------- page 280 --------------------

And the Lower House attending accordingly a Conference was had and His Excelly the Governor delivered in his sentiments according to the above heads. After which the Lower House withdrew and desired a Copy of the Heads spoke to by His Excelly the Governor which was accordingly delivered them.

His Excelly the Governor sent the following Message to the Lower House. Vizt

Mr Speaker & Gent. of the House of Burgesses.

As an answer to your Message this day delivered to me by Mr Kenyou & Mr Islands I again repeat what I have formerly said, that the business of this Country absolutely require an Agent in London for which reason I recommended to you in my Speech at the opening this session for the appointing one with a proper salary. I now consent that an Agent shall be appointed by myself, Council and Assembly.

GEO: BURRINGTON

May 15th 1731.

Received from the Lower House the following Message Vizt

To His Excelly the Govr & Council.

In answer to the Conference this day.

To the 1st Paragraph we say that as all Grants already passed are or ought to be Registred in the Secretaries Office, from thence the Auditor or his Deputy may have Transcripts, but if any Grants should not be Registred there, we will consent to have some method provided compelling People holding Lands to enter the same on the Rent Roll as ye Recrs of the Rents shall make his Collections or to enter the same with the Auditor or his Deputy so as Offices for that purpose be kept in each precinct or after any other manner so it be not done at the Expence of the People.

To the 2nd—We will use the style proposed by His Maty

To the 3rd—We shall be content that in the Cases of Officers holding by Patent making a Breach of the Law they may be only suspended or otherwise Punished.

To the last—As the King proposes to receive Proclamac̄on money we are willing for want thereof to make the best Equivolent we can to His Majesty, and therefore offer Tobacco according to the Practice of Virginia and as People are not provided to make sufficient for that purpose this year, we propose the payment thereof to be postponed untill it can be made, but if ready payment is expected we shall consent that it

-------------------- page 281 --------------------
be made in other Comodities that may be made this present year according to a just valuation.

This House doth not consent to alter the £150 per cent on Bill currency.

Concerning the Court of Chancery.

That Court has always used to be held at the times and places when and where the General Courts have been, and all process returnable thereto to the third day of the General Courts but as that day was generally taken up with the Crown business it was Ruled that the doing the business in Chancery should be putt off untill the Monday following, and a Court so Established we Conceive ought not to be removed but by the Authority of Assembly, nevertheless as it has been proposed to give Ease to the Inhabitants by appointing General Courts in each of the three Counties proposed to be erected, so we think it may be as necessary to Ease them with respect to the Court of Chancery, and if his Excelly shall be willing we propose that the power of the Court of Chancery may be lodged in the Justices of the Countys as it is in Virginia or in the Chief Justice or other proper Commissioners appointed for that purpose.

By order of the Genl Assembly
A. WILLIAMS Clk.

Received the following List of Claims from the Lower House Vizt

To the Honoble the Govr & Council.

THE REPORT OF THE COMMITTEE OF CLAIMS ALLOWED.
To Thomas Murphy for a horse lost in the Countries Service, if found to be returned to the Provost Marshll or Deputy for the use of the Publick and immediately disposed of by him at Vandue for that Purpose & the money lodged with the Precinct Treasr unless Mr Murphey chooses to keep his horse.
£22.
12.
6
To Do for his trouble and horse hire to White Oak
2“
7“
6
To Mr Wm Willson for horse hire in ye Countrys Service
8“
10“
-
To Mr Roger Kenyon for a pair of hand cuffs to Confine a Criminal.
15.
-
To Major Bonner for Expenses on His Excellys arrivall.
35“
10“
-
To 4 Grand Jurymen for Chowan Vizt Major Bonner Mr Thomas Lovick Mr Will: Arkill & Col: William Harding Jones, 6 days each
6“
-
-------------------- page 282 --------------------
To 4 Grand Jurymen for Perquimons Vizt Mr Charles Denman Mr Richard Skinner Mr Joshua Long, Mr Richard Whitbee, 8 days each
£8“
-
To 2 Grand Jurymen for Bertie Vizt Mr Gray & Thos: Kearney 10 days each
5“
-
To 3 Petit Jurymen for Bertie prect Vizt Edward Moor, Wm Charleton & Robert Warren 7 days each
5“
5“
-
To 4 Petit Jurymen for Chowan Thomas Matthews, John Duning, William Egerton & John Robertson
7“
—“
-
To James Potter for work done about the Court House
2“
10“
-
To Edmond Gale for hiring workmen about the Court House
2“
-
To Peter Young for two Journeys to Cape Fear on publick business including Ferrys & all other charges (horse hire excepted) £40, whereof £20 is already paid
20“
-
To Major Bonner going to the Chowan Indians
3“
10“
-
To viewing the body of a negro as Coroner & paid the Jury as by Law
2“
5“
-
To sundry claims allowed William Mackey late Provost Marshall
48“
5“
-
To Jno: Rogers Deputy Marshall for Craven Prect for executing two writts for Election of Burgesses & hiring a man to go to Core sound
4“
6“
8
To Sr Richd Everard for going over the sound upon Complaint made against the Tuskarooro Indians Servts Boats & Hands for 10 days
25“
-
To Attendance on 2 Assemblies who could not meet to do business for want of an Upper House
10“
-
To Jno Saunders for apprehending & bringing up to Goal one Soloman Smith a condemned Criminal from Core sound
10“
-
To Mr Wm Williams for Victualls for the Tuskarooro, pr Governors Order
1“
-
To Do for the Committees Expenses this Session
7“
-
To Ayliffe Williams for a Journal Book & a Lock & Key for the office
2“
12“
6
£259“
8“
2

Sent to His Excelly the Govr & Council for Concurrance

AYLIFFE WILLIAMS. C. G. A.

Sent by Mr Smith & Mr Barrow.

Adjourned 'till to-morrow morning Eight of the Clock.

-------------------- page 283 --------------------

Monday May 17th

The House met again.

His Excelly the Governor sent the following Paper to the Lower House Vizt

Mr Speaker & Gent of the House of Burgesses.

I cannot think you sufficiently expressed your Good Will & Esteam to the Chief Justice of this Province by your voting him so trifling a sum as one Hundred Pounds Paper Currency, I think a Gent who possesses so high a post as Chief Justice of North Carolina & so Eminent a station as the first in His Majesties Council here, ought to be better regarded. Therefore let you know it is my opinion you cannot make him a less present than Eight Hundred Pounds Currancy (in Value) is but one hundred Pounds Sterling which I will forthwith issue out a Warrant for if you desire me

GEO: BURRINGTON

Received the following Message from the Lower House in Answer to the Above Paper. Vizt

To His Excelly the Governor.

As we are very well satisfied with the Abilities, Conduct & Behaviour of Mr Chief Justice Smith in his station We thought ourselves obliged to offer him a sum as might purchase horses for the service he shall undergo & we look on ourselves the more obliged to do so in regard the first Quarterly paymt of his Salary is not to Com̄ence untill September next & the reason of our offering no larger a sum was owing to the poverty of the Country which at present is encumbered with a large Debt.

We cannot be of the same opinion with your Excelly to think there can be such a vast discount on our paper Currancy, Bills of Exchange being lately sold at five for one, so hope his honor will rest satisfied with what the House has voted on that head.

By order
A. WILLIAMS. C. G. A.

By Mr Smith

Mr White

His Excelly the Governor requiring the Attendance of the Lower House they came in a full Body & the Govr delivered his Speech to them in these Words. Vizt

-------------------- page 284 --------------------

Gentlemen,

It is now five weaks since I conveen'd you together and within a few days after your Meeting I laid before you such of His Majesties Instructions as I was Commanded in order to have Laws framed upon them, in all which time nothing of that Nature has been offered from the House of Assembly but one Bill for the regulating Fees and Payments of Quit Rents, which Bill being thought in the Upper house in many things to Deviate from His Majesties Instructions particularly about the Quit Rents it could not be passed and you signifying in your late Message you had gone your furthest in it, having passed your last Amendments and that you had nothing now to offer, though there are several of His Majesties Instructions no ways yet considered of by you. I fear it will be to little purpose to keep you longer together, and indeed the Divisions, the Heats, and the Indecencies of your Debates growing daily among you gives me but a little room to hope that His Majesties Instructions and the true Interest of the Country will have their due weight with you. There was another Bill sent from the Upper House for the Ease of the Country by Circular Courts but was Clogg'd with such Amendments in your house as put a stop to it, and finding you are not now inclined to proceed upon anything further, but have in your Message desired a Recess I shall comply with your Message hoping time will compose you to better thoughts.

Gentlemen.

After the many instances I have given of my affection for this Country I need not take pains to Convince you how much I have at heart the welfare and prosperity of it, that cannot be obtained by Private and narrow Views which I wish I had not occasion to say I find prevails more than a publick spirit; for my part nothing shall be wanting in my power for the benefit of this Province and I only ask in return your Dutifull Behaviour to His Majesties Commands the only way to recommend you to the best of Kings who never did, nor will impose anything unreasonable on his subjects.

Gentlemen of the Assembly

I do now prorogue this General Assembly unto the sixth day of September next and it is hereby Prorogued accordingly.

GEO: BURRINGTON
A Copy Exm'd by
ROBt FORSTER Clk of the Upper House.