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Colonial and State Records of North Carolina
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Minutes of the Lower House of the North Carolina General Assembly
North Carolina. General Assembly
November 06, 1734 - November 13, 1734
Volume 03, Pages 634-643

[B. P. R. O. B. T. North Carolina. Vol. 9. A. 61.]
LEGISLATIVE JOURNALS.

At a General Assembly begun & held at Edenton for the said Province Novr the Sixth 1734.

MEMBERS RETURNED.
Chowan
Col Edwd Moseley
Col Cullen Pollock
Col Henry Bonner
Capt Wm Downing
Mr Thos Luten
Pequimons
Mr Zeb Clayton
Mr Saml Swann
Mr Chs Denman
Mr Richd Skinner
Mr Josa Long
Pasquotank
Mr Gab Burnham
Mr Chs Sawyer
Mr Calb Sawyer
Mr Jer Simons
Col John Palin
Currituck
Mr H White
Mr G Bowers
Mr J Mann
Mr T Etheridge
Mr Lews Jenkins
Bertie
Mr T Castellaw
Mr Ar Williams
Mr G Winn
Mr J Dawson
Mr J Hodgson
Edgecombe
Mr W Whitehead
Mr J Spiers
Mr Bar Macquinny
Mr D Hopper
Mr J Millikin
Beaufort
Mr Ed Saller
Mr Rt Turner
Hyde
Mr Sam Sinclaire
Mr Wm Cording
Craven
Mr Walr Lane
Mr Dl Shine
Carteret
Col Thos Lovick
Mr Js Winright
New Hanover
Onslow
Mr J Starkey
Mr J Williams
Bladen
Edenton
Mr Wm Badham
Bath Town
Mr Rogr Kenyon
Newburn Town
Mr S Powell.

Received the following Order from ye Govr & Council

His Excelly the Govr was pleased to Nominate and Appoint Col Macrora Scarborough & Col Dan Hanmer to Administer the Oaths by Law Appointed for Qualification of Publick Officers to the Members of the present General Assembly of this Province as also to the Clerk of the said House.

Whereupon the following Members appeared and were Qualifyed (before the said Col Scarbrough & Col Hanmer, Mr Anderson the Deputy Clerk of the Crown reading the Oaths) vizt

Col Ed Moseley Col Henry Bonner Mr Thos Luten Mr Wm Badham Mr Chas Denman Mr Richd Skinner Mr Joshua Long Mr Arthur Williams Mr Geo Winn Mr John Hodgson Mr Gab Burnham Mr Chas Sawyer Mr Jer Simons Mr Caleb Sawyer Mr Thos Lovick Mr John Powell Mr Robt Turner Mr Ed Saller Mr Roger Kenyon Mr Saml Sinclare Mr James Millikin Mr Daniel Shine Mr Walter Lane Mr James Winright Mr Jno Starkey & Mr Abraham Blackall Clerk of Assembly

The House Adjourned till tomorrow Morning nine o'clock.

ABR BLACKALL Clk of Assembly

Thursday Novr ye 7th

The House met according to Adjournmt

The House being directed by His Excelly to choose their Speaker.

Unanimously made choice of Col Ed Moseley to be Speaker, And by

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His Excellys direction the House waited on Him in ye Councill Chamber & presented their Speaker, When the Governour made the following Speech to the Council and Assembly vizt

Gentlemen of the Upper and Lower Houses

You are now called together to consider and Act for the good and Welfare of this Province many of the Burgesses now Chosen by long Experience and Acquaintance with them, I know to be Gentlemen possessed with requisite Understanding for the due discharge of the Trust their Country has reposed in them Insomuch that I Entertain hopes great Matters may be effected at this Time for the benefit of North Carolina.

Gentlemen of the Upper House.

The Signal proofs you have given of your knowledge in Business, and readiness to Serve your King and Country merit great Commendation I cannot doubt, (Gentlemen) of your Diligence during the Sitting of this Assembly to promote the passing such Acts, as are recommended or required in the King's Instructions

Gentlemen of the Lower House.

In the former Assembly I recommended many things which I thought would conduce to the Honour & Prosperity of this Country, the said Assemblys took so little notice of what I laid before them that I do not now name any matter in particular, to your consideration but may in a few days, if I find you are disposed to do business, In General I wish and Earnestly desire, your ready complyance with such things as His Majesty requires in His Instructions or has ordered me to recommend to you Transcripts of them, the Clerk of your House now has in his profession I suppose, if not, you may be furnished with them on the first Message to me.

Gentlemen of both Houses.

I expect you will behave in such manner as the King may be satisfyed with your proceedings and the Country receive great benefits by the good Laws which (I hope) you will now frame & enact.

My ready concurrence I am sure you cannot doubt nor shall not stand in need of

GEO BURRINGTON.

The Assembly returned to their own House & having obtained a Copy of the Govrs Speech Orderd that it be read in the House in the afternoon

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Divers Members appearing that have not yet been Qualifyed.

Ordered that the Messenger of this House do wait on the Members of Council appointed to Administer the Oaths, & desire they would be present at their Qualification, accordingly Col. Scarbrough and Col Hanmer appeared and Mr Zebulon Clayton Mr Samuel Swann and Mr William Cording were Qualifyed

The House Adjourned till three O'Clock in the afternoon

ABRA BLACKALL Clk of Assembly

The House met according to Adjournment

Mr James Castellaw Mr John Dawson & Mr Lewis Jenkins were Qualifyed before Col. Scarbrough and Col Hanmer. His Excellys Speech being read according to Order.

Mr Thos Luten Mr Charles Denman Mr Gabl Burnham Mr James Castellaw Mr Lewis Jenkins Mr Robt Turner Mr Walter Lane & Mr William Badham were appointed a Comittee to make an Answer thereto. And then the House Adjournd till to Morrow morning ten of the Clock

A BLACKALL Clk of Assembly.


Friday Morning Novr ye 8th

The House met according to Adjournment

Read the Petition of John Harrell Setting forth that he was duly elected a representative for Bertie precinct but the Marshall had returned Mr John Hodgson in his room he humbly prays ye Poll may be inspected.

Mr John Hodgson being present in the House having heard the same petition, the list of the Poll was produced and being examined and cast up it was found to be in Mr Hodgson favour. It being moved in the House by divers Members that a bill be brought in to declare that none but freeholders should Elect and Chuse Members of Assembly. Ordered that Mr Zeb Clayton and Mr Saml Sinclare be a Committee to prepare and bring in a bill for that purpose agreable to His Majesty's Royall Instruction.

Col. Scarbrough & Col Hanmer brought from the upper House a bill for an Act entituled an Act for the better and more effectual encourageing and promoting the Trade of this Province

Ordered that the bill be read to Morrow Morning.

The House adjourned till tomorrow morning at nine of ye clock.

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Saturday Morning Novr ye 9th

The House met according to adjournment

The Bill entituled an Act for the better and more effectual encouraging and promoting the Trade of this Province was read a first time and passed.

The House on reading the above Bill entered into a Debate concerning the Pilotage and being informed that Capt Miles Gale was willing to undertake the Pilotage at and near Ocacock The House sent for him and on his appearance before The House and declaring his Willingness to undertake the Pilotage he was directed to lay his propositions before the House on Monday next.

Ordered that the powder receivers Accts be laid before the House and also the Treasurers Accts on ye eighteenth Instant. Mr Wm Badham reported from ye committee for drawing up an Address to His Excelly which was read and after some amendments made. Ordered that the same be fairly engrossed and that this House will wait on His Excelly with the same this afternoon

The House adjourned till three of ye Clock

Met according to adjournment.

Col Cullen Pollock and Mr Wm Downing being returned Members and failing to appear. Ordered that the Sergeant do wait on them to require their Appearance on Monday next

This afternoon Mr Speaker and Such of the Members as were present waited on His Excelly with the Address of this House which was in these words vizt

To His Excellency George Burrington Esqre His Majestys Capt Genl & Governour in Chief of North Carolina.

May it Please Your Excellency.

We return you our hearty thanks for your kind Speech to us and are very glad you have conceived so good an Opinion of our Understanding & Capacity to serve this Province

We shall at this Juncture wave entering into any debate relateing to the Conduct of former Assemblys who (in our humble Opinion) have always had regard to the Interest of their Country. But now most willingly Embrace this Opportunity, to demonstrate to your Excelly with what hearty Chearfulness we are met as well to Execute and discharge the Trust and Confidence reposed in us, And consult the welfare and benefit & prosperity of this province As also with due respect & regard

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to observe Obey and (as much as in us lies) comply with His Majestys Royall Instructions.

The Assurance Your Excelly hath been pleased to give us of your ready concurrence with both Houses in frameing and enacting Some good and wholesome Laws for the benefit and Advantage of this Province and agreable to the Circumstances thereof, which at this time are greatly wanted, makes us Strongly of Opinion and we persuade our Selves, that there will be a good Harmony and Understanding between both Houses. We on our parts will so Strenuously endeavour to promote, encourage and Advance the Trade of this province and the General good thereof, and also behave in such manner that His Majesty may be well Satisfyed with our proceedings and the Country fully convinced of our good intentions.

By Order of the House
EDWARD MOSELEY Speakr

To which His Excelly made the following Answer

Mr Speaker and Gentlemen of the General Assembly

I accept of your Answer to my Speech very kindly and take this Opportunity of once more assuring the House of Burgesses, that I earnestly desire to see this Country well setled, by good and wholesome Laws. The Opinion I entertain of the Wisdom and good Intentions of the Members that Compose the General Assembly is grounded upon the real Meritt I know they are possessed off. And Since the Council have made so handsome a declaration (in their Answer to my Speech) of readiness & zeal to serve the King, and you the representatives the like I hope there is not a possibility that our duty to the Kings most Excellent Majesty, in Obeying His Instructions, and Effectually doing good for this province Should be delayed or Obstructed, but that we shall with Agreement truly & sincerely so demean our Selves that the present Livers in this Country may have reason to thank us, at the end of this session and their posterity not only to Remember us with gratitude, but bless our Memorys for the benefits they shall hereafter enjoy by the Laws we pass in this Assembly

GEORGE BURRINGTON

The House adjourned till Monday morning nine of the Clock.

A BLACKALL Clk of Assembly.

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Monday Novr ye 11th

Met according to adjournment

The House takeing into consideration ye Subject matter of the New precincts which had been considered of in the last assembly It is Ordered that Bills be brought in to establish three new precincts by the names of Edgecombe, Onslow, & Bladen with proper Boundaries so as not to Injure the Neighbouring Precincts and to Assertain ye Number of representatives for each prect And that Mr Hodgson & Mr Lane be a Committee for preparing the Bill

The House adjourned 'till three of the Clock.

Met according to Adjournment.

Read ye petition of the Inhabitants of Bear River &c praying ye same might be erected into a Precinct.

Ordered that Mr Sinclare & Mr Lane be a committee to prepare a Bill for the same.

Read the petition of ye Inhabitants of Hide precinct praying that they might have a Court and Magistracy erected in their precinct as other precincts have. This House is of Opinion that the said precinct ought to have a Court and the same priviledges as other precints in the Country of Bath have and enjoy.

Sent to the Upper House for concurrence

By Mr Sinclare & Mr Cording

Read a Bill entituled a Bill for an Act Appointing that part of Bertie precinct which lies on the South Side of Roanoak river to be Establisht a precinct by ye name of Edgecombe.

Sent to the upper House for Concurrence

By Mr Sinclare & Mr Cording.

The House Adjourned to Tomorrow Morning nine of the Clock

ABRA BLACKALL Clk of Assembly.


Tuesday Novr ye 12th

Met According to Adjourt

Read the petition of ye Inhabitants of Pasquotank precinct, praying that the North East parish of the precinct aforesaid might be erected into a precinct

Ordered that Mr Chs Sawyer and Mr Gabriel Burnham be a Committee to prepare and bring in a Bill for the same.

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The erecting Tyrril prect by Act of the Biennial Assembly in the year 1729 not having been duly observed, it is Orderd to prevent any dispute concerning the same that Mr Bonner & Mr Luten do prepare & bring in a Bill to Establish ye same precinct

Mr John Etheridge & Mr John Mann appear'd and were Qualifyed before Col Hanmer & Col Gaston

The House adjd till ye afternoon

Met according to adjournment

Read a bill entituled a bill for an Act for erecting the west part of Carteret precinct from Bartrums Creek on Bogue Sound, and the East part of Hanover precinct from new Topsail Inlet & Creek in Bath County into a seperate precinct & parish by the name of the precinct and parish of Onslow

Passed the first time & Sent to ye Upper House

By Mr Bonner & Mr Luten

Recd from the upper House the petition the Inhabitants of Hyde precinct with the following endorsements


Monday Novr ye 11th 1734

Read in the upper House & concurr'd with and Order'd that the same be sent to His Excelly for His Concurrence.

By Order
R FORSTER Clk of the Upper House

November the 12th 1734

I concur with this petition

GEO BURRINGTON

Recd from the upper House the Bill entituled a Bill for an Act appointing ye part of Bertie precinct which lies on the South side of Roanoake River to be Establisht a precinct by the name of Edgecombe passed in the upper House

Recd from the Upper House the Bill for an Act for the better and more effectual encourageing & promoting ye Trade of this province

Passed in the upper House

Read in the House certain propositions from the Inhabitants of yt part of the province commonly called Edgecombe precinct. Order'd that the same be taken into consideration on this day Sen'nights and that in the mean time any Member is allowed to frame such Bill as he thinks proper on the subject matter of the same

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Read the first time a bill entituled an Act for the enlarging and Establishing the power and Jurisdiction of the precincts Court and the Magistrates thereof, and also to regulate divers proceedings therein and passed

Sent to the upper House

By Mr Bonner & Mr Luten

Read a Second time the Bill entituled a Bill for an Act appointing that part of Bertie precinct which lies on the South side of Roanoake river to be establisht a precinct by the name of Edgecombe and passed with amendments

Sent to the upper House

By Mr Bonner & Mr Luten

Read Capt Gales proposals for Buoying and Beaconing Ocacock Inlet.

Ordered that the Same lye on the table till tomorrow Morning for further Consideration. Read a Second time the bill for an Act for the better and more effectual encouraging and promoteing the Trade of this province and passed with amendments

Sent to the upper House.

By Mr Badham & Mr Clayton

Mr Speaker acquainting this House that by a letter from Col Maurice Moore of Cape Fair dated October ye 29th he was informed that His Excelly Gabriel Johnston Esqre His Majesty's Governr of this province arrived at Cape Fair ye 27th of October, to confirm which News Mr Speaker produced a letter of Govr Johnston's writing at Cape Fair Barr dated October ye 27th that was enclosed to him by Col Moore to be sent express to William Smith Esqre Chief Justice of North Carolina—whereupon it was proposed that this House should send two of the Members to wait on His Excellency to congratulate His Arrival.

The House adjourned 'till tomorrow morning nine of the clock

ABRA BLACKALL Clk of Assembly.


Wednesday Novr ye 13th

The House met according to adjournment

Read a Bill entituled a Bill for an Act for erecting the North East parish of Pasquotank precinct into a Seperate precinct by the name of passed the first time

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It being certifyed by Proclamation from His Excelly Govr Johnston that He hath publisht his Commission at Cape Fair in Open Council it is therefore unanimous Opinion of this House that they proceed no further in Business.

By Order
ABRA BLACKALL Clk of Assembly