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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
January 15, 1735 - January 30, 1735
Volume 04, Pages 31-35

[From the MSS. Records of North Carolina Council Journals.]
COUNCIL JOURNALS.

At a Council held at the Council Chamber in Edenton the 15th January Anno Dom 173⅘

Present His Excellency Gabriel Johnston Esqr Governor &c.
The Honorable Will Smith Esqr Member of His Majestys Council
The Honorable Eleazer Allen Esqr Member of His Majestys Council
The Honorable Robert Halton Esqr Member of His Majestys Council
The Honorable Roger Moore Esqr Member of His Majestys Council
The Honorable Edward Moseley Esqr Member of His Majestys Council

His Excellency the Governor was pleased to direct that Robert Forster Gent. Qualify himself as Clerk of the Council of this Province the said Forster accordingly appeared and took and subscribed the several Oaths by Law appointed for Qualification of Publick Officers as also the Oath of Clk. of the Council of this Province.

Nathaniel Rice and Cullen Pollock Esqrs appointed Members of Council for this Province by his Majestys royal Instructions now appeared at this Board and took and subscribed the several Oaths by Law appointed to be taken as also the Oath of a Councillor and their places at the Board accordingly

Present
The Honorable Nath: Rice Esqr Member of His Majestys Council
The Honorable Cullen Pollock Esqr Member of His Majestys Council

Then the Board adjourned till to-morrow morning ten of the Clock


January the 16th

The Board met according to adjournment.

Present His Excellency Gab. Johnston Esq. Governor, &c
The Honorable Will Smith Esqr Member of His Majestys Council
The Honorable Rogr Moore Esqr Member of His Majestys Council
The Honorable Nath Rice Esqr Member of His Majestys Council
The Honorable Edward Moseley Esqr Member of His Majestys Council
The Honorable C Pollock Esqr Member of His Majestys Council

Edmund Porter Esqr appointed a Member of Council for this Province by his Majestys Royal Instructions now appeared and took and subscribed

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the several Oaths by Law appointed for Qualifycation of Publick Officers as also the Oath of a Councillor and his Place at the Board accordingly

Present The Honoble Edmund Porter Esqr

At a Council held at the Council Chamber in Edenton the 29th day of January 173⅘

The Honorable Nath Rice Esqr Member of His Majestys Council
The Honorable Eleazr Allen Esqr Member of His Majestys Council
The Honorable Robert Halton Esqr Member of His Majestys Council
The Honorable Roger Moore Esqr Member of His Majestys Council
The Honorable Ed. Porter Esqr Member of His Majestys Council
The Honorable C. Pollock Esqr Member of His Majestys Council

John Montgomery Esqr His Majestys Attorney General appeared before this Board and prayed leave to make the following information which he read and is as follows Vizt

May it Please Your Excellency,

I think it my Duty to complain to your Excelly in behalf of his Majesty against Edward Moseley Esqr a Member of this Board for an Insult offered to the Person of His Majesty's Chief Justice in the sight of the Members of the General Assembly.

I yesterday received the Information from Persons present and intended to take such measures as the Law directs but when I considered that the Person of the Principal Officer could not be safe for only complaining of Injuries done to the Crown I for my part was afraid to proceed in the Ordinary Course least my Authority should be dispised and an Insult offered even to the Law.

The Riots and disorder of this province can no longer appear Strange to your Excellency when you find a Member of Council offering an outrage to the Person of the Magistrate appointed to distribute Justice to the people and to correct and reform the abuses of Government and by his Example teaching others to contemn the Chief Guardian of the Laws

When the persons of the Magistrates who are to execute the Laws are rendered low and contemptible in the Eyes of the people the Laws themselves will quickly be despised and then Sir what protection can any Man expect either for his Person or Property If we are to be assaulted for only talking of his Majestys rights with what safety can we maintain and defend either the rights or Authority of the Crown in the Courts of Justice or execute our Offices Schemes we must expect will be laid for our Destruction.

The only Safety we can promise Our selves is in the protection of Your Excellency I therefore Sir humbly begg Your Excellency That Justice be done and that a remedy be applied to this wound given to the authority of the Crown and that the Council and Assembly do pass some Laws

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to preserve the respect due to the Persons of the principal Magistrates and to protect them from such Insult for the future

His Excellency the Governor then desired Mr Chief Justice Smith to produce his Witnesses who called upon William Downing Esqr Speaker of the lower House of Assembly

His Excellency the Governor after hearing Mr. Chief Justice's Charge and Colo Moseleys Defence as also the Depositions on both sides was pleased to ask the opinion of the Council thereon who were unanimously of opinion that Colo Moseley a Member of this Board had committed a high Breach of the Peace in striking Mr Smith His Majestys Chief Justice of this Province before several Members of both Houses of Assembly after several hot words had passed between them. Thereupon His Excellency the Governor by and with the advice and consent of his Majesty's Council doth Order that the Attorney General doth prosecute the said Colo Moseley in His Majestys name at the next General Court to be holden for this Province for the aforesaid Breach of the Kings peace and that in the mean time the said Edward Moseley be bound over by recognizance to answer the said offence in the sum £1000 Proct money and his Sureties each in the sum of £500 like Money.

At a Council held at the Council Chamber in Edenton the 30th day of January 173⅘

Present His Excellency the Governor.
The Honorable Nath Rice Esqr Member of his Majesty's Council
The Honorable E. Allen Esqr Member of his Majesty's Council
The Honorable Robt Halton Esqr Member of his Majesty's Council
The Honorable E. Moseley Esqr Member of his Majesty's Council
The Honorable E. Porter Esqr Member of his Majesty's Council
The Honorable R Moore Esqr Member of his Majesty's Council
The Honorable C. Pollock Esqr Member of his Majesty's Council

Upon reading at the Board this day the Petition of Chowan Indians setting forth that they being possessed of a large parcel of Lands lying in Chowan precinct and but few in number to cultivate the same or make any benefit thereby and praying leave to make sale of part thereof the same was accordingly granted.

Whereupon a Deed of Sale from Thomas Hoyter James Bennet, Charles Beazley and Jeremiah Pushing Chief Men of the said Chowan Indians to Jacob Hinton for fifty Acres of Land was read and the consideration mentioned in the said Deed being fifty Pounds the said Indians were thereon interrogated who acknowledged they had received the money and was therewith content.

Whereupon His Excellency the Governor by and with the advice and consent of this Board was pleased to allow and approve of the said Sale to Jacob Hinton

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A Deed of Sale from James Bennet, Thomas Hoyston, Charles Beazley and Jeremiah Pushing Chief Men of the said Chowan Indians to James Brown for one hundred acres of Land was read and the Consideration Money therein mentioned being twelve pounds the said Indians was thereon interrogated who declared they had received the full consideration money therein mentioned and were fully content and satisfyed therewith whereupon his Excellency the Governour by and with the advice and consent of this Board was pleased to allow and approve of the said Deed of Sale made by the aforesaid Indians to James Brown

A Deed of Sale from James Bennet Thos Hoyton, Charles Beaseley and Jeremiah Pushing Chief Men of the Chowan Indians to Richard Minchen for one hundred Acres of Land was read the consideration money therein mentioned being fifty pounds and the said Indians being interrogated thereon were therewith content whereupon his Excellency the Governor by and with the advice and consent of his Majesty's Councel was pleased to allow and approve of the said Deed.

A Deed of sale from James Bennet Thomas Hoyter Charles Beasley, Jeremiah Pushing, John Robins, John Reading and Neuse Will Chief Men of the Chowan Indians to Thomas Garret for four hundred Acres of Land was read at the Board and the Consideration money therein mentioned being One Hundred and fifty pounds the said Indians declared that they had received part thereof and that they had the said Garrets obligation for the remainder and were therewith fully content whereupon his Excellency the Governour by and with the advice and consent of his Majestys Council was pleased to allow and approve of the said Deed

A Deed of Sale from Thomas Hoyter, Jeremiah Pushing, Charles Beasley and James Bennet Chief Men of the Chowan Indians to Michael Ward for two hundred Acres of Land the Consideration Money therein mentioned being sixty pounds and the said Indians being interrogated thereon were content. Whereupon His Excellency the Governour by and with the advice and consent of his Majesty's Council was pleased to allow of the said Deed

A Deed of Sale from Thomas Hoyton, James Bennet Charles Bennet and Jeremiah Pushing Chief Men of the Chowan Indians to Jacob Hinton for two hundred acres of land was read and the consideration money therein mentioned being one hundred pounds the said Indians were thereon interrogated who declared therewith content whereupon His Excellency the Governor by and with the advice and consent of this board was pleased to allow of the same

A Deed of Sale from James Bennet Thos Hoyter, Jeremiah Pushing and Charles Beasley Chief Men of the Chowan Indians to John Freeman

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for two Hundred Acres of Land was read and the consideration money therein mentioned being one hundred and twenty pounds the said Indians were thereon interrogated who declared that they were therewith satified whereupon his Excellency the Governor by and with the advice and consent of his Majestys Council was pleased to allow of the same

A Deed of Sale from Thomas Hoyter James Bennet and Charles Beasley Chief Men of the Chowan Indians to William Hill for one hundred Acres of Land was read the consideration Money therein mentioned being sixty barrels of Tar the said Indians on examination were therewith fully content Whereupon his Excellency the Governor by and with the advice and consent of his Majestys Council was pleased to allow and approve of the same

A Deed of Sale from James Bennet Thomas Hoyton, Charles Beasley and Jeremiah Pushing, Chief Men of the Chowan Indians to Michael Ward for six hundred Acres of Land was read and the consideration Money therein mentioned being Eighty Pounds the said Indians on Examination was therewith fully satisfyed and content Whereupon his Excellency the Governor by and with the advice and consent of his Majestys Council was pleased to allow of the same

A Deed of Sale from Thomas Hoyter James Bennet Charles Beasley and Jeremiah Pushing Chief Men of the Chowan Indians to James Hinton for one hundred Acres of Land was read and the consideration Money therein mentioned being fifty Pounds the said Indians being examined thereon were therewith content whereupon his Excellency the Governor by and with the advice and consent of his Majestys Council was pleased to allow of the said Sale

Mr Attorney General Represented to this Board that Capt Aaron Blanchard had got into his possession and keeping a Patent belonging to the Chowan Indians for their Lands on Bennets Creek and that he had refused to deliver the said Patent to the Chief Men of the said Nation who prayed relief therein from this Board Whereupon his Excellency the Governor by and with the advice and consent of his Majesty's Council was pleased to Order that the said Aaron Blanchard do forthwith Lodge the said Patent in the Secretary's Office of this Province for the benefit of the said Indians and all others concerned By Order

R. F. D. C. E